Transcripts of meetings, 1977-1981, v. 19. Legislative Overview Committee

STATE OF GEORGIA SELECT COMMITTEE ON CONSTITUTIONAL REVISION
Transcripts of Meetings 1977-1981

IiIITTEE MEMBERS:
/GE BUSBEE VERNOR AIRMAN
MILLER UTENANT GOVERNOR
~As B. MURPHY ::AKER. HOUSE OF REPRESENTATIVES
:RT H. JORDAN IEF JUSTICE. SUPREME COURT
_LEY QUILLIAN IEF JUDGE. COURT OF APPEALS
AEL J. BOWERS rORNEY GENERAL
:US B. CALHOUN '110R JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATLANTA. GEORGIA 30334
404/6s6-71sB

COMMITTEES MEMBERS:
AL HOLLOWAY SENATE PRESIDENT PRO TEMPORE
JACK CONNELL SPEAKER PRO TEMPORE
ROY E. BARNES CHAIRMAN. SENATE JUDICIARY COMMITTEE
WAYNE SNOW. JR. CHAIRMAN. HOUSE JUDICIARY COMMITTEE
FRANK H. EDWARDS SPECIAL COUNSEL
J. ROBIN HARRIS EXECUTIVE DIRECTOR
MELVIN B. HILL JR. ASSISTANT EXECUTIVE DIRECTOR

DATE

AGENDA

Friday, August 7, 1981

Article VI (Judiciary)

Wednesday, August 12, 1981

Article XI (The Laws of General Operation on Force in this State) , Article XII (Amendments to the Constitution) and Article XIII (Miscellaneous Provisions) and general wrap-up.

Thursday, August 20, 1981 Final wrap-up meeting

Monday, August 24, 1981

Convening of Special Legislative Session

NOTE: Materials distributed at these meetings are included as a supplement to each of these transcripts.

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PAGE 1

1

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STATE OF GEORGIA

3

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SELECT COMMITTEE

5

ON

6

CONSTITUTIONAL REVISION

7

8 9

10

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CO}~ITTEE MEETING OF LEGISLATIVE OVERVIEW
COMMITTEE AND SELECT

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THE HONORABLE GEORGE BUSBEE,

Governor of Georgia,

Presiding

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19 20

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22 ROOM 341 STATE CAPITOL
23 ATLANTA, GEORGIA
24 THURSDAY, JUNE 4, 1981 9:00 a.Ill.
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I NDE X

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Call to Order, George Busbee, Chairman, Select Committee on Constitutional Revision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4

Distribution and Explanation of Materials; Rules of Procedure; Future Committee Meetings; and Other Matters, Mr. J. Robin Harris, Executive Director, Select Committee on Constitutional Revision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 9

Adoption of Rules of Procedure ..... 15

Final Report of Committee to Revise Article I,
Bill of Rights, the Honorable Albert w.

Thompson

2 1 s

Final Report of Committee to Revise Article II,

Elective Franchise, the Honorable

Arthur K. Bolton, represented by Mr.

arne s C. Pratt., . . . 4 4 J

G c III

Final Report of Committee to Revise Article III,

Legislative Branch, the Honorable

Harold G. Clarke

52

Final Report of Committee to Revise Article IV,
Constitutional Boards and Commissions, and
Article V, Executive Branch, the Honorable
Sidney o. Smith, Jr., represented by the
Honorable A. H. Sterne . 74

Luncheon Recess .......... 83

Remarks Regarding Documentation, Availability of

Drafts and Other Matters, Mr. Charles

Tidwell

84

/ Final Report of Committee to Revise Article VI, Judiciary, the Honorable Wayne Snow ... 94

Final Report of Committee to Revise Article VII,

Taxation, the Honorable Randolph W.

Throwe r

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III :II 'II 110

109

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INDEX (Continued): 2

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6
7
8
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Final Report of Committee to Revise Article X, Retirement Systems and Educational Scholarships, the Honorable Al H o l l o w a y . . . . . 1 1 5 c 0

Final Report of Committee to Revise Article VIII, Education, the Honorable David Gambrell ... 12l

Final Report of Committee to Revise Article IX, Counties and Municipal Corporations, the Honorable Robert H. Smalley ........ 13l

Adj ournment

143

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+

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PRO C E E DIN G S

2

GOVERNOR BUSBEE: If we could come to order at this

3 time, we will go on and proceed with the meeting.

4

I understand the Speaker is going to be delayed for

5 just a few minutes; he will be joining us.

6

First I would like to express my appreciation to all

7 of you for being here on what I think is a very important

8 challenge.

9

I know that many of you while I served with you in

10 the Legislature were involved in trying to write a

Constitution for our State.

We have had a long history of failure in our effort

to do what not only the scho: lars but the five and a half million people of this State perceive to be a matter of

paramount importance, and that is to write a Constitution for

our people to submit to them, and we have had many failures

as I have just mentioned.

18

I know that many of us spent an entire summer back

19 in 1964 in an unsuccessful effort. In 1969 and 1970 we made

20 a second very concerted effort and were not successful.

21

In 1974 we decided that we would instruct the

22 Legislative Counsel's office to try and put together without

23 substantive change except where necessary an orderly document

24 we might proceed to amend from and to rewrite a Constitution

25 article by article.

PAGE 5

All of this was approved by the people in 1976, and

2 in 1977 we had. a Select Committee that was created. From that

3 we have had nine article committees that have been writing

4 for your consideration the ten articles of our Constitution.

5

I might say that those article committees are

6 chaired by most distinguished Georgians. We have 231 citizens

7 that have served on these committees.

8

We have had not only four years of staff work, but

9 we have also spent more than 3,000 man hours in compiling the

10 final report that is now before you.

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I think that the hope for success in I think is our final effort in my generation a is going to be this concept that has developed

writing in what Constitution through a

14 .~.. series of meetings with the leadership of the House, the Senate, <II
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17 ~ House membership, the Senate membership, that would create a

18 representative group that would more or less give the sense of

19 feeling on the various issues, many of which are controversial

20 which have to be considered, the hope being that when we come

21 into a special session in the latter part of August that we

22 would have a consensus that would give us a basis for a

23 Constitution by the time that we arrive here that we might 24 start our deliberations on.

25

I think as we look at these 31 members or 30 members

PAGE 6

of the House and the Senate that we have a great hope that

2 with the mechanism that Mr. Harris will describe in a moment

3 that has been developed after much deliberation that we will

4 resolve many of the differences and come up with a consensus.

5

You know, even after the push for the Constitution

6 came about and we were all con9ious of the need to limit all

7 of these constitutional amendments that your constituents and

8 my constituents complain about over the ballot each general

9 election, in 1980 they had 122 local amendments to consider

10 along with 16 general amendments.

You know, today in this nation there's a great debate

going on the question of federalism. This involves the

relationship between governments. We look at the relationship,

the powers and duties of the federal government, we look at the

state government, but you know as we make this debate which

has been actively participated in by the National Legislative

Leaders' Conference of the National Governors' Association 18 and others, we recognize that the states have under the states, 19 not under the federal government, political subdivisons; they 20 have authorities, and the State instead of having a 21 Constitution that governs those things outside of the federal 22 government that are within the state government, we have in 23 this State a Constitution, and from this we have individual 24 constitutions for each political subdivison, for each of the 25 authorities. They just keep coming back and back and back.

PAGE 7

I'm sure there are going to be many controversial

2 and hard issues we face as we go about this most difficult

3 task which our people expect us to proceed with, but I think

4 it should behoove all of us to do everything that we can to

5 write a Constitution that will give to the government of this

6 state the latitude with which they can operate for the people.

7

This would include the political subdivisions of

8 this State, the authorities that are created within state

9 government. Then you would have latitude given to the General

10

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Assembly to year by year address the various issues that need to be changed, to give latitude.
I realize that we'll have issues that are of such a nature you would want a referendum of the people on, but that does not mean you should have a separate Constitution you could have referendums without, so I would just like to say that as you go about the task of writing what you would like to recommend to the General Assembly, to the people of this

18 State for a Constitution I do hope we will have a basic

19 document and that we will recognize that we have a state

20 government, a state government composed of the Executive,

21

the Legislative, the Judicial branches, all of whom are

22 represented as we come about with proposals for consideration

23

by the General Assembly to submit to the people.

24
But when you look at this question of having all of

25 these local constitutional amendments which seem to be a joke

PAGE 8

among our people, you must recognize that there's ground to

2 laugh at us because we have one-third of all the local

3 constitutional amendments of the entire nation when you

4 consider this 122 at the last election.

5

We are going to have a presentation today. We're

6 not here to debate anything today, but we're just here to get

7 a report first from the articles committees, and we're going

8 to go in very detailed fashion about this, but I wanted to

9 take this opportunity to commend all of you for coming here

10 before you come to a hard grinding special session and devote

11

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time,

your

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and

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@;i I think the mechanism that has been developed whereby we are going to identify any differences that we might have as

! 14 I- between the House and the Senate, how we're trying to resolve ':"z:
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18

I was hopeful that the Speaker would get here before

19 Mr. Harris began, but we will defer to that when he gets here.

20

I would like to call on the Lieutenant Governor at

21 this time and see if he has any comments before proceeding with

22 the mechanics of Mr. Harris.

23

LT. GOVERNOR MILLER: I don't have anything to add,

24 Governor. I concur with all that you have said.

25

I particularly agree with you that this is probably

PAGE 9

the last chance we're going to have in this century to write

2 a new Constitution, and I particularly want to thank also all

3 the members of the Senate who are members of the committee

4 for being here and encourage you to please try and make as man~

5 of these committee meetings as possible, because your presence

6 is just absolutely essential.

7

GOVERNOR BUSBEE: All right. At this time I'm going

8 to call on Mr. Harris, and he will proceed with the meeting.

9

MR. rffiRRIS: Mr. Chairman, members of this Overview

10 Committee:

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The first thing, let me say that as you might arise from time to time to either ask questions or make comments, please identify yourself. We have a court reporter who has

14 ~ his back to you and might not be able to pick up on who you

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16 ~... the first speaker was Busbee, and the second was Miller .

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THE REPORTER: Thank you.

18

(Laughter. )

19

~~. HARRIS: We sent out with the notice of this

20 meeting some suggested rules of procedure for you to operate

21 under. Hopefully you have brought them with you. If you did

22 not, they are fairly simple.

23

The Governor anticipates presiding over all the

24 meetings; they will be held in this room beginning promptly

25 at nine a.m. unless otherwise specified by the Speaker and the

PAGE 10

Lieutenant Governor.

2

And unless specifically permitted by the Governor,

3 the Speaker or the Lieutenant Governor, only members of the

4 Legislative Overview Committee, members of the Select Committee,

5 their official designees and staff shall participate in official

6 discussion during meetings of the committee.

7

When appropriately recognized, any person testifying

8 at a meeting of the committee shall speak for a period of time

9 not to exceed five minutes, but this period may be extended

10 by the presiding officer.

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No member shall vote by proxy.

e);~j All meetings shall be open to the public and shall be recorded and transcribed.

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It's a little presumptious on our part, but on the

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17 g I don't anticipate it, they tell me it has happened in the

18 past -- so that in order to cover this area what we are

19 proposing to you is that as issues develop and there is a

20 clear division between the House and Senate members, a separate

21 vote will be taken on the position. That is, the House

22 members would vote yea or nay on a given proposal, and the

23 Senate members will vote yea or nay on that same proposal.

24

If a difference does exist between the positions of

25 the two bodies, then as has been customary during legislative

PAGE 11

sessions the Speaker and the Lieutenant Governor will each

2 appoint a conference committee of three from each body to try

3 and resolve those differences.

4

It is of course to be hoped that when this committee

5 has finished its work that there will be a document to be

6 introduced in the special session which represents a consensus

7 of all of you.

8

For those of you who might have arrived late, there

9 is on the front desk a book with each of your names on it.

10 This is the condensed version of what has taken place over

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four

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@);I Mr. Chairman, at this point I think it would be in order for the members to consider whether or not they wish to

! 14 l- adopt these proposals as the rules of procedure for the

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18 mentioned by Mr. Harris, this is something that was agreed to

19 by the Speaker and the Lieutenant Governor in trying to adopt 20 some mechanism that you might have phased into your special

21 session.

22

I would like to make this observation before you

23 vote on this. I concur with what they've done, that it would

24 be wise indeed -- while this group composes not only the

25 legislative members which constitute the Legislative Overview

PAGE 12

Committee, but you have he Select Committee, you will be

2 hearing from people who have been involved in this, but when

3 you get down to the end it's going to be the legislature

4 that has to approve or disapprove any particular provision,

5 so this idea of having a balance between the House and the

6 Senate, the idea is when we do have these differences of

7 having these conference committees similar to the way that

8 you operate in the session I think will resolve many of

9 these differences before we get here, so I commend the

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leadership of the House and the Senate for coming up with the proposals Mr. Harris has outlined.
All right. Senator Holloway? SENATOR HOLLOWAY: What happens if the conferees can't agree? If we can't get an agreement among the conferees, where do we go from there? GOVERNOR BUSBEE: I think the Lieutenant Governor and the Speaker discussed this. I'll calIon him.

18

LT. GOVERNOR MILLER: We would do the same as we

19 do during the regular General Assembly, and that is we would

20 appoint a new conference committee.

21

SENATOR HOLLOWAY: Ad infinitum?

22

LT. GOVERNOR MILLER: (Nodded. )

23

GOVERNOR BUSBEE: Mr. Lee.

24

Identify yourselves, since this is going to be a

25 permanent recording as we have had in the earlier efforts that

PAGE 13

we have had, identify yourself as you speak fot the reporter.

2

REPRESENTATIVE LEE: This is Bill Lee, Member of the

3 House.

4

I take it we're going to be voting on the matter,

5 and are we operating under a quorum so to speak, or just who's

6 present, or what is --

7

GOVERNOR BUSBEE: It's provided in the rules that

8 you have before you that you have to have a majority before

9 voting, I believe. I'll look down here if you'll wait a

10 moment.

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REPRESENTATIVE LEE: I see, yeah, a majority of the

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GOVERNOR BUSBEE: Mr. Greer? REPRESENTATIVE GREER: I don't think the speaker,

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17 g; proposed change in what's here, when would you offer it?

18 We're not here just for the three of them this week, j we're

19 here to present a proposed change, when would it be offered?

20

MR. HARRIS: Mr. Greer, the agenda, the outline of

21 the several days that this committee will be asked to meet,

22 such as on Wednesday, June 17th, and on Thursday, June 18th,

23 we hope you would take up Articles I, II and X.

24

It is anticipated that we would go through each of

25 them section by section, line by line, and during the

PAGE 14

consideration of each individual article would be the time to

2 propose changes and have discussion.

3

GOVERNOR BUSBEE: Any further questions?

4

I was just briefing the Speaker a little bit. He's

5 arrived now, and I missed the last question. Was it answered?

6

MR. HARRIS: Yes, it was answered by me probably

7 better than it would have been

8

A VOICE: Repeat that.

9

(Laughter. )

10

GOVERNOR BUSBEE: Let me ask this question.

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Do all of you now have the tools to start with?

~ 12 ~ Do you have your books now? Does every member here have the

~ri book?

! 14 ...

If not, will you get them? Do you have your copy of

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REPRESENTATIVE LEE: I move the rules be adopted .

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GOVERNOR BUSBEE: The motion has been made that the

18 proposed rules for operation of this committee be adopted.

19 Is there a second?

20

REPRESENTATIVE BUCK: Seconded.

21

GOVERNOR BUSBEE: The motion is made and seconded.

22

Is there further discussion?

23

These are the ones that were mailed out to you,

24 Senator, with the agenda right here; it's just one page.

25 Do we have other sets of these, Mel?

PAGE 15

MR. HILL: Yes.

2

GOVERNOR BUSBEE: We have other copies here.

3

MR. HARRIS: They are attached to the agenda right

4 on the front desk.

5

(Pause. )

6

GOVERNOR BUSBEE: Okay. Now we have had a motion

7 made and seconded on the adoption of the rules.

8

Is there any discussion?

9

If not, all those in favor of the adoption of the

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rules will say aye. (Ayes. ) GOVERNOR BUSBEE: Opposed (No reply.) GOVERNOR BUSBEE: They are MR. HARRIS: Mr. Chairman,
big book that you have, in the front tells you what that book contains.

nay.
unanimously adopted. just for a moment, the of it is an index that

18

It basically contains the report of the, of each

19 article committee, that is a draft of each article based on

20 that report, it includes a lot of background material, it

21 includes a lot of references. In the back there are some

22 suggested editorial revisions that we will touch on as we

23 get into individual articles.

24

To the extent that that is an unmanageable thing to

25 you, there are also available in shorter form simply the

PAGE 16

articles themselves put together without all the background

2 material if you would like to have something shorter also to

3 work with.

4

There is a timetable of meetings that have been set

5 for the meetings of this committee. We recognize, recognized

6 at the outset that those meetings scheduled for July 28 and 29

7 may well have to be changed because of the meeting of the

8 National Association of Legislative Leaders or whatever that

9 is corning into Atlanta the last week in July.

10

Mr. Chairman, unless there is some --

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Senator Ballard.

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SENATOR BALLARD: Are we going to have some crossreferences as we hit each article showing what the change

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Some of us worry more about what's left out than

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18

MR. HARRIS: I think as to each one there is the

19 Constitution as it currently exists with X-outs and changes

20 in addition to the clean article that is shown.

21

MR. HILL: It's cross-referenced, a table from the

22 present to the proposed.

23

MR. HARRIS: There is also a cross-reference table

24 from the present to the proposed which is contained in that

25 document, in that book as to each article.

PAGE 17

HR. HILL: A cross-reference table, but not a strike

2 through and underlined copy.

3

MR. HARRIS: Not all of them have the underlined copy.

4

Now, I read one over the week end that's in there

5 on taxation. I know that one has it.

6

But in any event, the information will be available

7 as to changes, omissions, whatever.

8

GOVERNOR BUSBEE: Before we proceed further, I was

9 speaking to the Lieutenant Governor about these dates. I

10 think we should resolve them where you will be able to go

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Now, you have down on July the 14th and July the

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! 14 Constitution, and their consensus was

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Do you want to speak to that, Tom?

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SPEAKER MURPHY: As far as I'm concerned, just leave

17 ogz them.

18

GOVERNOR BUSBEE: Their consensus is to leave them

19 as they are because you'll be working here in the morning,

20 and I think most of the activity you'll be having with the

21 National Legislative Leaders will be in the afternoon and

22 evening, so you have before you a proposal for the agenda

23 starting on June the 4th and ending on August the 24th, and

24 we will adopt that at this time unless there is some

25 objection to it, because I'm sure we might have to have some

PAGE 18

modification by the committee as we go along, but I know that

2 everyone would like to block their calendar.

3

Do I hear a motion concerning the agenda?

4

REPRESENTATIVE LEE: So moved.

5

GOVERNOR BUSBEE: The motion has been made that we

6 adopt the proposed agenda that was passed out to you as the

7 beginning agenda. Is there a second?

8

REPRESENTATIVE BUCK: Seconded.

9

GOVERNOR BUSBEE: The motion is made and seconded.

10 Is there discussion?

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SPEAKER MURPHY: Hold up just a minute. We need to

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find out, Governor, if the House and Senate members can be sure they can be here on the day that their committee that

! 14 ... they're chairman of as far as the House is concerned that

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We have one conflict that I know of. The chairman

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17 : of our Retirement Committee cannot be in that week. That's

18 the only two days he will not be here. We need to change that

19 to some of the days that the people in both bodies can be here

20 on the day that their committee's expertise is needed.

21

Is there any other chairman or any other House member

22 who's a member of a committee that their article is scheduled

23 on a day they can't be here other than the retirement article?

24

I understand Mr. Ross is satisfied with the

25 education

Where is Mr. Ross?

PAGE 19

REPRESENTATIVE ROSS: Here I am.

2

SPEAKER MURPHY: I would like to suggest also,

3 Governor, that after lunch today that the House members sit

4 on one side and the Senate on the other where we can sort of

5 tell where we're going. It's hard to pick them out of that

6 group.

7

GOVERNOR BUSBEE: The suggestion was that -- there

8 are two suggestions that the Speaker has made. One wa~ that

9 first that we're going to have to resolve the one conflict we

10 have on the committee chairman of the House with the schedule.

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The second was, and it's been suggested by several

people. that after we begin deliberations i f we have the

14 ~ House members sit on one side and the Senate members on the '"
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17 ~ so if there's no objection we will proceed after lunch in that

18 manner.

19

SENATOR HOLLOWAY: The House goes on the far left.

20

LT. GOVERNOR MILLER: It doesn't make any difference.

21

GOVERNOR BUSBEE: We have resolved the first issue.

22

SPEAKER MURPHY: It doesn't make any difference.

23 You all will be on the bottom when it's overwith anyhow.

24

GOVERNOR BUSBEE: He went too far that time.

25

(Laughter. )

PAGE 20

GOVERNOR BUSBEE: All right. May we just proceed

2 and come back on the agenda? Do the dates suit you that are

3 on here?

4

We might have to make a modification as far as what

5 date we'll hear a particular article.

6

REPRESENTATIVE LEE: Let the staff work that out.

7

GOVERNOR BUSBEE: The staff will work it out. Are

8 the dates that are shown here for consideration agreeable?

9 Is there a motion to that effect?

10
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REPRESENTATIVE BUCK: So moved. GOVERNOR BUSBEE: The motion is made. Second? REPRESENTATIVE DENT: Seconded. GOVERNOR BUSBEE: All those in favor say aye. (Ayes. ) GOVERNOR BUSBEE: All opposed. (No reply.) GOVERNOR BUSBEE: It's adopted.

18

MR. HARRIS: Mr. Chairman, there's nothing further

19 procedurally but to now receive the final reports of the

20 various committees, and the chairpersons and the members of

21 all those committees did a yoeman's task.

22

Those of us who have been through it appreciate very

23 much all the efforts that were put into the different

24 article meetings by the persons involved.

25

Would you like for me to calIon them, or would you

PAGE 21

like to call on them?

2

GOVERNOR BUSBEE: I think that you can just call on

3 them.

4

I was just looking at my watch, and this clock's out

5 right here.

6

I just wanted to say before starting, though, that

7 what we're going to do is just hear an explanation; we're not

8 really considering these at this time it's my understanding,

9 Mr. Harris, so I think we're ready to proceed with that.

10

MR. HARRIS: An explanation, Mr. Chairman, and of

"z

11

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.oa...

course

I

think

each of

the

committee

chairmen would be willing

. ~ 12 ~ to respond to questions as to how the committee might have

~r~ arrived at a certain point, but certainly I do not anticipate ! 14 I- this meeting would be thrown open for the consideration of '"<:Crl:

15 ol> changes.

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The first committee on Article I was chaired by the

Z

17 g;<Cl: Honorable Albert Thompson who at the time he was selected was

18 chairman of the House Special Judiciary Committee, has since

19 taken on a different challenge which causes me to have to be

20 a little more respectful, and so I would like to present at

21 this time Judge Thompson.

22

JUDGE THOMPSON: Governor, Mr. Speaker, Mr.

23 Lieutenant Governor, members of this distinguished body:

24

It's my pleasure to be here this morning to kick

25 this off.

PAGE 22

First I want to call your attention to the members

2 of the committee that worked with me on this, and I do that

3 because I was extremely proud of the committee, and I thought

4 it was composed of distinguished Georgians.

5

You have a list of the committee members on the white

6 sheet there, and I'm not going to call them off individually

7 but I want you to know we had members of the House, members

8 of the Senate, members of the appellate courts, we had one

9 or two members coming from trial courts in the State of

10 Georgia, a juvenile court judge, some distinguished citizens

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and members of the faculties of three law schools in the state. They worked hard, they worked very diligently, and
I could not have done anything had it not really been for them.

! 14 They did the work; I just sat there and presided over some of

l-

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15 .:I the sessions.

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If you will turn your attention to -- I'm going to

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17 : use the

18

GOVERNOR BUSBEE: Judge, let me interrupt you just

19 a minute. I see people looking at different things there.

20 Let me make a suggestion if I might.

21

You have your notebook that has all of your back-

22 ground in it, you'll want to consider all of this, but for

23 the purpose of this presentation if you'll just get this copy

24 that you have right here to work from now. It's in the

25 order the presentation is to be made in. I think you can

PAGE 23

follow this much easier right here.

2

Does everyone have this copy before them?

3

JUDGE THOMPSON: Is that the final draft? That's

4 what I'm working from.

5

MR. P~RRIS: That's the final draft.

6

JUDGE THOMPSON: That's the final draft from the

7 Committee to Revise Article I.

8

(Pause. )

9

GOVERNOR BUSBEE: All right. Now, does everyone

10 have a copy?

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first

All right. Proceed, Judge. JUDGE THOMPSON: All right. the material. We have all kinds

Let me discuss with you of material available.

! 14 I- I think I have most of it up here with me. I don't want to <UI :I:
15 .:l answer too many questions; I'll be fumbling through a Cl e< ;;)
16 ~... multitude of material trying to answer your questions, but it Q Z
17 <g; is available.

18

We have cross-references going back to various

19 constitutions that have been adopted in the past. I am

20 working from the final draft. There's also material available

21 as to what the House Judiciary Committee and the Senate

22 Judiciary Committee did to Article I in the 1980 session

23 when it was considered.

24

There's also a cross-reference here that relates

25 the proposed Constitution to the present provisions, and it

PAGE 24

shows the changes. I don't know if you have all of that

2 material before you, but what I propose to do is just to

3 work directly from the final draft from the Committee to

4 Revise Article I.

5

Now, there were some changes made by the Judiciary

6 Committees of the House and Senate. I'm not going to address

7 those, I'm going to talk merely about those proposals that

8 were made by my committee and, of course, it's left up to you

9 to make any changes you will eventually want to make.

10

The preamble to the Constitution is not a part of

I:J

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11 1r..o:..=r..: Article I, but it immediately preceded the work that we were

~;~

going to do, and I don't think anyone had been assigned the preamble, so we took it unto ourselves to look at the preamble

! 14 and consider it as a part of our work on Article I. lo:z-n:

15 ~

We made only one change in the preamble, and that

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16 ~... was that we added four words, and the words that we added

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17 ~ are on line 3, and they read "and of the family," so the

18 preamble as we propose it reads "To perpetuate the principles

19 of free government, insure justice to all, preserve peace,

20 promote the interest and happiness of the citizen and of the

21 family " Those are the words that were added. " and

22 transmit to posterity the enjoyment of liberty " et cetera,

23 et cetera.

24

The only change we made was to add "and of the

25 family" because t.here were committee members that certainly
..._-------_.--------------------~-------------

PAGE 25

wanted it understood that our concern now goes further than

2 just the individual, we consider the family unit, and we

3 added those four words.

4

Now, Article I is divided into two sections.

5 Section I is Rights of Persons; Section II is Origin and

6 Structure of Government. TheIEis actually Section III,

7 General Provisions, and a Section IV.

8

Let me get Section IV out of the way to start off

9 with. Section IV has to do with recall. Those of you -- I

10 think all of you were in the House, the House or Senate when

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we

passed a

new recall

provision which was

voted on

I

believe

~ 12 ~ in 1978.

~_.. ~

The people in the general election amended the

14

~
I-

Constitution

to

include

Section

IV

which

is

on

recall.

We

VI

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15 .) looked at that, we decided that since the people have spoken

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16 ~... so recently on recall that.we would not even consider making

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17 gZ; any changes in it.

18

Of course that's the committee's recommendation and

19 it's left up to you as to whether there are any changes going

20 to be made in that.

21

Now, if you will address yourself to Article I,

22 Rights of Persons, Paragraph I, Due Process, Equal Protection,

23 we made no change whatsoever in Article I. That is exactly

24 as it appears in the last Constitution.

25

I guess I'd better read from the notes and things

PAGE 26

that we have here instead of what I did there.

2

Section I, Rights of Persons. Some of the paragraphs

3 in this section were rearranged to provide for a more logical

4 sequence of provisions.

5

The paragraph on line 1, for example, was moved so

6 as to follow immediately the paragraph on freedom of speech

7 since libel is a specific qualification of that freedom.

8

Also the provision now on Section II of Article I

9 on Protection of Citizens was moved up to Section I because

10 of its importance.

CzI

11 ..oj..:..

On specifically Article I, Paragraph I of Section I,

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the paragraph has been given a new title and incorporates equal protection and anti-discrimination language used in

! 14 ... Article I of the proposed Constitution of 1970. There is no

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15 .:. equal protection provision as such in the present Constitution.

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16 .~..

Paragraph III of Section II does provide that

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17 : protection to persons and property shall be impartial and

18 complete.

19

One other thing we did is we moved some things from

20 Section II to Section I, et cetera. There are a couple of

21 provisions that we're going to recommend be left out

22 completely.

23

On Paragraph II, Libel, this paragraph has been

24 rewritten to cover civil as well as criminal libel and to

25 clarify the effect of truth as a defense.

PAGE 27

~he provision concerning the power of judges to

2 grant new trials in the case of conviction was dropped as

3 being unnecessary in light of Article VI, Section IV,

4 Paragraph VI.

5

Another thing that we did, we recommended that some

6 things that we felt did not belong in the Article I be

7 transferred to other articles.

8

GOVERNOR BUSBEE: Just a minute, Judge. I think

9 Representative Reaves would

10

REPRESENTATIVE REAVES: Mr. Chairman, I guess I'm

the only one in here not keeping up, but we're jumping back

and forth here so much I'd just as soon be out there in the

hall. I'm not getting anything much out of this.

GOVERNOR BUSBEE: You would like for the judge to

slow down?

REPRESENTATIVE REAVES: I would like to know what

page we're jumping back and forth on because I can't twist

18 these pages that fast.

19

GOVERNOR BUSBEE: I think that he's referring to --

20

Judge, if you would speak a little slower I think

21 he could follow you.

22

JUDGE THOMPSON: I need some notes. I tried to

23 consolidate what I have here, and it looks like I missed one

24 or two things.

25

REPRESENTATIVE REAVES: Are we supposed to be using

PAGE 28

this book?

2

GOVERNOR BUSBEE: Yes. Just a minute, Judge.

3

What we're referring to is the short thing we just

4 handed out to you. He's going by article, section, and then

5 paragraph number.

6

Of course everything is on Article I that he's

7 talking to, so the other things you would keep up with would

8 be the Sections I, II, III and IV.

9

He just covered IV on recall, and now he is going

10 through it from that point at the beginning.

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11 io..a=..:..

JUDGE THOMPSON: Let me start over again.

~;I

GOVERNOR BUSBEE: Mr. Lee, Representative Lee has pointed out that what Judge Thompson is reading from is

14 .~.. located in your notebook, and you might want to

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15 oll
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REPRESENTATIVE LEE: It's in the back of that article.

:;)

16 .oz~..

MR. HILL: On Tab 5

17 ~

GOVERNOR BUSBEE: Tab 5. If you'll look at Tab 5,

18 that's the notes he's reading from, and we will probably slow

19 this down and you can follow it better.

20

JUDGE THOMPSON: I'll tell you what, suppose I stick

21 just right straight to the final draft. I think that may be

22 better.

23

REPRESENTATIVE REAVES: I should have known that.

24 I should have known he was on Tab 5.

25

(Laughter. )

PAGE 29

JUDGE THOMPSON: I'll tell you what, I'll go by the

2 final draft. I think that might be better, and I will try and

3 pick up the changes and comments as we go along.

4

GOVERNOR BUSBEE: Again we're just starting, I know

5 we want to get some structure that we'll be going to where

6 everybody will keep abreast of it, and I'm going to call on

7 Representative Pinkston who has a question in just a minute,

8 but let me explain now for Representative Reaves

now, if

9 you'll take this outline that was just mentioned

you're

10 going to have plenty of time to study this, we're not taking

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11

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any action

this

morning.

He's giving you an overview of the

~ 12 ~ structure, of the structural changes that have been made,

'f~r1i4! gJ;

and we're going to have a whole day paragraph by paragraph

~ after you've had an opportunity to study this before we do

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15 o!) anything on it, so don't think something is going to be done

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16 .~.. before you understand it

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But I do think it would be well if all of us could

18 be able to follow this brief overview and we could get it.

19

Representative Pinkston.

20

REPRESENTATIVE PINKSTON: Mr. Chairman, may I suggest

21 that he go under the Tab 5, start on page 1, Article I, 22 Section I, Paragraph I, Rights of Persons, and then go through 23 it by Paragraph I, II and III and just tell us that there is 24 no change or there is some change, and then refer to the

25 notes over here behind page 14 at the end of all that section

PAGE 30

if he wants to, but go article by article and paragraph by

2 paragraph and tell us if there is a change or if there's not

3 a change.

4

GOVERNOR BUSBEE: Okay. You heard the proposal

5 there, Judge. Can you do that?

6

JUDGE THOMPSON: I'll try.

7

GOVERNOR BUSBEE: Okay. Go ahead.

8

JUDGE THOMPSON: Article I, Paragraph I, Section I,

9 there was some changes because equal protection was added in

10 there, due process and equal protection. I will read the

III

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11

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comment on

that.

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This paragraph has been given a new title and incorporates the equal protection and anti-discrimination

! 14 ... language used in Article I of the proposed Constitution of

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15 .:l 1970.

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16 .~..

a You're not going to have chance to go back through

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17 ~ all these things, but if you will read these notes later

18 you'll see what they said in the proposed Constitution of

19 1970, and we thought that language was good.

20

There's no equal protection provision as such in the

21 present Constitution. Paragraph III of Section II does

22 provide that protection to person and property shall be

23 impartial and complete, so that portion was combined in an

24 equal protection part of Paragraph I, Section I, Article I.

25

Shall I pause? Are there any questions about that?

PAGE 31

Paragraph II, Freedom of Conscience. There was no

2 change in that from the present Constitution. It looks like

3 my notes are accurate on that.

4

On Paragraph III -- Now let me caution you about

5 some of this. In the proposed Constitution these things have

6 been renumbered. If you try and collate them with the present

7 Constitution you can't do it because the numbers are different.

8 Some of them have been taken out, and some of them have been 9 shifted, so most of these things are in there but they may

10 have a different paragraph number, so there's no way you can

relate them in the type of presentation I'm trying to make at

this time.

Paragraph III, Religious Opinions, Freedom of

Religion. Now, my notes indicate that the only change that

was made there was that the present provision says Religious

Opinions, Liberty of Fre~90m, and we changed liberty --

~ ..~ .

."_n ~~_.,_~..~_._~'.,~"., ....._,~"...','.,..

excuse me, I'm sorry -- we changed that from Religious

18 Opinions, Liberty of Religion, to Religious Opinions,

19 Liberty of Religion to Religious Opinions, Freedom of

20 Religion, and in the body of that article we again changed

21 the word "liberty of conscience" to "freedom of religion."

22 Those are the only changes that were made in that paragraph.

23

GOVERNOR BUSBEE; The Speaker has a question.

24

SPEAKER MURPHY; Could I ask the staff a question?

25

I see over in here cross-reference table on

PAGE 32

Article I, Bill of Rights. Obviously that's what the House

2 and Senate Judiciary committee did instead of what the

3 article committee did.

4

Are we going to have such a document which would

5 make it much simpler for us when we get down to what this

6 committee does?

7

A VOICE: Can't hear you, Mr. Speaker.

8

SPEAKER MURPHY: Over in the book, the cross-

9 reference table on Article I, Bill of Rights, it obviously

10 is not what this committee did; it's obviously what the

zCI
11 ...
o..".."..
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General Assembly or some committee in the General Assembly did.
What I'm asking, are we going to have -- Senator

! 14 ... Ballard touched on it to start with -- are we going to have ':"z: 15 .:I the same thing showing where it's coming from as far as what
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16 .~.. this committee's done, or are we going to have to try to make
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17 ~ notes as they go along?

18

GOVERNOR BUSBEE: I think what we have -- Robin,

19 do you want to address that? Mr. Harris?

20

MR. HARRIS: Mr. Speaker, Mr. Chairman, members of

21 the committee: You will find several notes and comments

22 immediately following in Section V the page 14 of Article X.

23

GOVERNOR BUSBEE: Robin, you need to get to a

24 microphone. Take the speaker's.

25

MR. HARRIS: Immediately following the prints in

PAGE 33

Section V of the proposals you come across the first notes

2 and comments as they relate to Article I, and these are the

3 notes and comments that basically reflect what the committee

4 did.

5

It's got a date on it, December 4th, 1979. Then

6 later on in here is the cross-reference table to which the

7 speaker was referring that then tracks back from the present

8 Constitution to the results that took place during the session

9 in 1980 as these particular articles were considered first

10 by the House and passed, and then by the Senate, so you have

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11

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two cross-reference tables.

We will try to keep it straight in your mind as we

r@'I i12

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l 14 Thompson is talking about is the one that immediately ~

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15 .:l follows the print of the specific articles.

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16 ~...

I'm sorry about the confusion

17 ozg;

SPEAKER MURPHY: I gather the answer is we're not

18 going to have the provision of a cross-reference like it is

19 here of what was done in the House and Senate.

20

JUDGE THOMPSON: Mr. Speaker

21

MR. HARRIS: I'll calIon Mr. Hill if I might to

22

MR. HILL: As you know, I think the Articles I, II,

23 III, IV, V and X were considered by the General Assembly in

24 the session in 1980, and so some of the confusion results

25 from the fact we have had these articles finished at different

PAGE 34

times, they have received varying degrees of review by the

2 different bodies, and what we have tried to do in this package

3 is go back to the original article committee recommendations,

4 and that's what Albert is describing to you is what his

5 committee is recommending.

6

Now, this was subject to a number of changes in the

7 1980 session in Articles I through V and X, and the changes

8 that were proposed --

9

SPEAKER MURPHY: All of us understand that. All I

10 want to know is are we going to have a cross-reference item

11

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by

item where we can tell

the changes made where we

don't have

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to read all this stuff, we can look at it and see like we've done over there. That's all I want to know.

14 .~..
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17 ::;

MR. HILL: I believe it's in your book, but I was trying to
GOVERNOR BUSBEE: I think this does have on this right here, Mel, on Article I, Bill of Rights, this is what

18 the House did or what the Senate did.

19

MR. HARRIS: He wants what they did as a cross-

20 reference statement.

21

MR. HILL: That will be prepared for consideration

22 at the next meeting. I don't believe that

23

GOVERNOR BUSBEE: He said they will have that, you'll

24 have a second notebook to look at at the next meeting, and

25 Mr. Speaker said that will be fine.

PAGE 35

GOVERNOR BUSBEE: I think if we could just proceed,

2 we're going to have to move

3

Now, this is the first time you've seen in any

4 detail this book that you picked up. You'll have to study it,

5 look at these cross-references, you're going to have to note

6 your questions; we're going paragraph by paragraph when it's

7 deliberated on, and unless there's objection let's let Judge

8 Thompson just get through with Article I which we're way

9 behind on now, and we can study his proposal. His comments

10 are in your book there.

I-'

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11 io.=..

Judge Thompson, if you will just proceed and make

w

(~ ~ your outline there, we're not going to deliberate on any of 12

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! 14 l- structure at the end of it.

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JUDGE THOMPSON: Now this is getting tougher and

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16

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tougher,

there

are

so many different changes,

so many

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17 g-<; constitutions that we looked at, so many people have looked

18 at it already

19

GOVERNOR BUSBEE: Judge, let me interrupt you.

20

Let's get the final draft of what you have

21 recommended by your article committee, and where there's a

22 change from the existing Constitution, if you'll allude to 23 that and just forget the other changes that's the way we'll

24 proceed at this time.

25

JUDGE THOMPSON: All right. Paragraph IV, I believe

PAGE 36

that's where I stopped4

2

The change that I have indicated there is in the

3 original it has Liberty of Speech and of the Press Guaranteed.

4 We changed the word "liberty" to the word "freedom," so it

5 should read Freedom of Speech and of the Press Guaranteed.

6

On Paragraph V on Libel, this paragraph has been

7 rewritten to cover civil as well as criminal libel and to

8 clarify the effect of truth as a defense.

9

The provision concerning the power of judges to grant

10 new trials in case of conviction was dropped as being

CzI 11 j:
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unnecessary in light of Article VI, Section IV of Paragraph IV that pertains to libel, and those are the changes that we recommended from the 1964 Constitution to this draft.

! 14 ...

Are there questions about that?

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15 .:I

Pargraph VI, Citizens, Protection of. This

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16 .~.. paragraph was brought from Article I, Section II, Paragraph X.

Q

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17 ~ There were no changes, it was just relocated in this particu1al

18 document.

19

Paragraph VII and VIII, Arms, Right to Keep and

20 Bear. There were no changes proposed in that paragraph.

21

Paragraph VII, Right to Assemble and Petition.

22 If you want, I can read the full body of this because there 23 were no changes made and no recommendations for change. I 24 don't propose to read it unless you want me to. There was no

25 change recommended in Paragraph VIII, Right to Assemble and

PAGE 37

to Petition.

2

Remember now, when I said no change I'm trying to

3 pick out those things that there were no changes from the 1964

4 Constitution.

5

Paragraph IX, Bill of Attainder, ex post facto laws

6 and retroactive laws. The only thing there was we added the

7 word "Bill of". It already read "Attainder, ex post facto

8 laws and retroactive laws." There were no substantive changes

9 made in that paragraph.

10

Paragraph X, Right to the Courts. "No person shall

Czl

11 ...joaa.::. be deprived of the right to prosecute or defend, either in

~ 12 ~ person or by an attorney, that person's own cause in any of the

~r~ courts of this state."

14 ~ I-

Now, we have made a drastic change in that. Justice

O-x<Il

15 ~ Bowles of the Supreme Court was particularly interested in

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16 ~... making the change, because as the law now stands it's not

Q

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17 -~< clear as to what a defendant's rights are. It has been

18 interpreted that a defendant has the right to be co-counsel

19 in a case; he has the right to defend himself, there's no

20 question about it, but where he has an attorney it's been

21 interpreted that he has the right to be co-counsel, and it's

22 caused a lot of disagreement and it's caused a lot of 23 difficulty in trying cases and in reviewing them, so we tried 24 to write this particular paragraph so that there is no question 25 that the defendant has the right to defend himself, but we

PAGE 38

removed from that paragraph the right of the defendant to be

2 co-counsel.

3

If he's co-counsel, he has the right to question

4 everything that's done, he has the right to interfere and to

5 interrupt the orderly trial of the case where he does have a

6 lawyer representing him, and this has caused a lot of

7 confusion, so we have removed -- we tried to clarify it so

8 that it would be obvious that a defendant, though he has the

9 right to defend himself, does not have a right to serve as

10 co-counsel.

1:1

11

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Mr. Ballard?

~;;

SENATOR BALLARD: Was that Article X, Paragraph X you were speaking of?

I

mean

! 14 t-

JUDGE THOMPSON: In this item it's Paragraph X,

':"z:

15 .:I Right to the Court.

1:1

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16 .~..

SENATOR BALLARD: The reason I'm asking, I'm trying

Qz

17 ~ to use this cross-reference you've got in here, and it says

18 no change.

19

SPEAKER MURPHY: That's from the House committee's

20 position that that cross-reference is done on. That's the

21 reason I asked why we couldn't have one like that.

22

I think the problem is this morning is all this is

23 supposed to be an overview. When you get into the article 24 they're going to have all that for us, and then this is simply

25 an overview of the Select Committee chairmen to tell us what

PAGE 39

approach they took to it. When you get into the various

2 articles, then you'll have all that stuff, they'll get it for

3 us. If they don't, we'll see that we do get it.

4

JUDGE THOMPSON: Paragraph XI, Searches, Seizures

5 and Warrants. There were no changes recommended in that

6 paragraph.

7

Paragraph XII, Benefit of Counsel, Accusations,

8 List of Witnesses, Compulsory Process and Trial by Jury.

9 Now, we did recommend some changes in that.

10

We recommended, particularly the attorneys who are

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present know that by filing

a

demand we have

a

right

to have

the indictment or the accusation or the list of witnesses and
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! 14 l- without a request the district attorney does not have to give

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This changes it so that the district attorney must

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17 ~ provide for the defendant a copy of the accusation or a copy

18 of the indictment. It does not change as to some of the other

19 things; he still has to make a demand for the other things

20 that go along with the prosecution of a case, but he does not

21 have to demand a copy of the accusation or a copy of the 22 indictment. That is the only change made in Paragraph XII.

23

Paragraph XIII, Habeas Corpus. There was no change

24 in the right of habeas corpus.

25

REPRESENTATIVE PINKSON: That's not what the notes

PAGE 40

say. 2

GOVERNOR BUSBEE: I might be able to expedite it

3 just a little bit.

4

I think we are not proceeding exactly as we had

5 perceived. What we were trying to do is we're not going to

6 go through paragraph by paragraph today, we're going to do

7 this with each committee here, but Judge Thompson will be back

8 when we come to Article I.

9

I think basically what we're trying to do is to get

10 a report from the chairmen of how they approached the article,

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11

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how they

broke

it

down

into

subcommittees

and

philosophically

~;I

how they approached it, and just a brief overview of the report, so I think rather than just going item by item, Judge,

! 14 l- you might kind of generally give us a report there, and then VI :r
15 o!) when we come back we're going to go paragraph by paragraph, I:J '";;)
16 .~.. we'll have all this information laid out for you, and before Q Z
17 ~ you leave here today you'll see how the structure is, and if

18 you want to improve on it after we get through with our lunch

19 recess I think we're going to be able to better approach it.

20

JUDGE THOMPSON: Mr. Hill has just given me an

21 explanation of some of the problems that I'm having. I was

22 provided with a cross-reference table for Article I, Bill of

23 Rights, and it's headed present provisionsand proposed

24 provisions, and I understand that instead of this referring

25 actually to the work of the committee it refers to the work

PAGE 41

that was done by the House Judiciary Committee, so there are

2 so many versions of this thing running around until we --

3

GOVERNOR BUSBEE: Judge, if you would at this point

4 rather than just taking it paragraph by paragraph -- they can

5 look and see whether there was a change or not -- could I just

6 ask you a few questions right here?

7

Did you have subcommittees that you worked through?

8

JUDGE THOMPSON: Yes.

9

GOVERNOR BUSBEE: Tell us how you divided into

10 subcommittees and how you made your approach.

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... 11 otoa-:.

JUDGE THOMPSON: What we did, we had Section I and

12 ~ Section II of this Article I, and we had a subcommittee which

\@~F~ /~)

~ handled Section I and a subcommittee which handled Section II:

! 14 t- They met separately, then later the full committee met and

VI

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15 .:l accepted the recommendations. Cl

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The one that we had the great problem with, and I

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17 ::i think this is going to be revised regardless of what the

18 committee recommends, is Section III which we all worked

19 together on, which has to do with basically eminent domain,

20 and every attorney that's in either one of these bodies has

21 great interest in eminent domain section. The speaker over

22 the years has had a tremendous interest in that, and that is

23 one of the things that the committee, the Select Committee 24 made some changes in after we made our initial report, and

25 then when it got to the House and the Senate they made some

PAGE 42

changes in it also.

2

I didn't propose to talk too much about that this

3 morning, Governor, because I know that the proposal made by

4 the committee on Article I will not stand as to those

5 recommendations that were made, but I did want to say this

6 about the eminent domain. The committee was interested in

7 liberalizing that particular passage to some extent, and made

8 some I thought pretty good recommendations.

9

I met with the Select Committee when they adopted

10 this article prior to the 1980 session of the Assembly, and

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there were some recommendations made at that time which I thought were very good, and I'm willing to go along with anything they want to do with that particular area.

also

! 14 to

I don't think that there's much to be accomplished

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17 ~ that we recommend in this, and I think that basically those

18 changes are good and I recommend them highly.

19

Governor, if you think that's appropriate at this

20 particular time, I will just go ahead and indicate that this

21 is the report of the committee. We have put in a lot of work 22 on it.

23

It's difficult to go through with it as it stands

24 right now, but I think that with the reference material you

25 will have I hope you will be able to go through with this.

PAGE 43

Is there anything else you want, Governor?

2

GOVERNOR BUSBEE: Does anyone have any questions on

3 the general approach, not the article by article?

4

I just want to point out several of the highlights

5 like eminent domain and other things that he's alluded to

6 without going paragraph by paragraph. Any questions of Judge

7 Thompson?

8

As I say, he'll be back to go paragraph by paragraph

9 on another occasion after you have had an opportunity to see

10 what's been done.

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11 I0:: ...o l>.

If there's no other questions, we'll just conclude.

~ 12 ~

JUDGE THOMPSON: Governor, there's one other thing

9-~ I wanted to say. There were three paragraphs in the 1946

.

! 14 lo-n Constitution which created crimes, lotteries, lobbying and a

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The committee felt that there was no place in the

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17 ~ article, in Article I for the creation of specific crimes,

18 and we recommended the deletion of those three articles.

19

GOVERNOR BUSBEE: All right. Any questions?

20

If not, Judge Thompson, thank you. We will look

21 forward to going over it paragraph by paragraph when we

22 consider Article I.

23

Mr. Harris.

24

MR. HARRIS: Mr. Chairman, Article II was chaired by

25 the Attorney General, Mr. Bolton. He is unfortunately unable

PAGE 44

to be with us. The man from his office that worked with him

2 very closely during this whole process is Jim Pratt, and I'd

3 like to calIon Jim to come forward and give a report of that

4 committee at this time.

5

MR. PRATT: Governor Busbee, Lt. Governor Miller,

6 Speaker Murphy, ladies and gentlemen:

7

Mr. Bolton regrets he can't be here today.

8

As was stated, I attended the meetings of the

9 committee with Mr. Bolton, and I see also Senator Howard who

10 was a member of the committee.

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11 t-

The committee met as a whole, and I am prepared to

o.I"X.".

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state briefly as to how the proposed Voting and Elections article was put together.

! 14 t-

The general philosophy of the committee was that

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15 q this article could be a lot shorter by removing obsolete

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16 ~... material and reorganizing it to prevent duplication, and also

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17 :; leaving to the General Assembly a lot of matters which had

18 previously been stated specifically in the Constitution.

19

The goal was to make the article a lot shorter; it

20 is a lot shorter and a lot more understandable, and the

21 committee believes it is a lot more understandable than in the

22 current version.

23

This article is unlike most of the articles that

24 you'll be considering today because it was previously adopted

25 in basically unchanged form by the General Assembly, so there

PAGE 45

so there isn't a difficulty with a number of different

2 versions.

3

Let me just go very quickly starting with what is

4 given as the final draft dated January 9th, 1980 from the

5 committee, and this was in essence except for a couple of

6 points I'll mention to you what was adopted by the General

7 Assembly previously.

8

On the method of voting, the only change is to

9 specify that ballots be secret. This is of course no change

10 from present law, but the committee felt this was one of the

Q\

11

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things

that was

so

important the

people

ought

to

be

able

to

'o.."....

~ read about it on the face of the Constitution.
12

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On the right to register and vote there were some

14 ~ deletions. The present Constitution refers to the rights of

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16 .~.. an absolete provision, it related to an ability to declare

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residency which

time

has

passed

by,

and

it

simply

doesn't

need

18 to be in the Constitution any more.

19

Similarly, some of the specific provisions about

20 duration of residency requirements were cut out, leaving this

21 matter to the General Assembly.

22

Going to Paragraph III, exceptions to the right to

23 register and vote, the committee rewrote the disenfranchise-

24 ment for people who have been convicted of crimes. Under a

25 literal reading of the present Constitution you can be

PAGE 46

disenfranchised for larceny, which would include petty larceny

2 such as shoplifting.

3

The committee felt that only things which are

4 felonies involving moral turpitude should lead to the loss of

5 the right to vote.

6

Connected with that point was when the right to vote

7 should be restored. The committee felt that it should be

8 automatic upon the completion of the sentence rather than

9 requiring a specific restoration of rights by the pardoning

10 authority.

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There was discussion that perhaps the right should be restored automatically upon release from jailor prison, but the committee decided to go with the completion of the

! 14 ... sentence .

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Similarly, the present Constitution disenfranchises

III

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16 ~... idiots and insane persons and essentially left the decision

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17 ~ on that, or at least in the first instance, to the registrar

18 or the poll officer. The committee felt that something of

19 this nature was so important there should be a judicial

20 determination of mental incompetency, and the Constitution is

21 reworded to provide for this

22

There were some previous conditions on eligibility

23 to vote -- character, literacy -- these are matters which have

24 been unenforceable for more than a decade under the Voting

25 Rights Act. These are matters which they're in constitutional

PAGE 47

difficulty on at the federal level, but putting that to one

2 side the committee considered them on the merits and felt that

3 the Constitution of Georgia should not provide for dis-

4 qualification on those grounds.

5

Turning to the general provisions, again there was a

6 continuation of the general philosophy to take matters of

7 technique, matters which are not so important, and to leave

8 them to the General Assembly with respect to the procedures of

9 appeal and providing for returns to be made to the Secretary

10 of State. This was in essence left to the General Assembly

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rather than

being

spelled out in detail.

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I

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by Mrs. Frances Duncan here I'll allude to very briefly.

! 14 l- Currently only certain election returns must be transmitted,

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elections

and returns couldn't be

found,

and

it was

felt

to

18 be a good idea to have copies sent to a central place.

.,

19

Mr. Fortson suggested that those go specifically to

20 the Secretary of State, and that suggestion was adopted by the

21 committee.

22

The matter on runoff elections is new to this

23 article. It is currently in Article V and pertains to the 24 office of governor. It was felt by the committee this is a

25 matter of general applicability, so that is really just one

PAGE 48

of the cross-reference type changes that Senator Ballard has

2 referred to.

3

That was not specifically redrafted in any detail by

4 the Article II committee, and it's just a matter of making the 5 entire Constitution coherent in putting it in this article as

6 it relates to runoff elections.

7

Paragraph III deals with the right to hold office.

8 The Constitution is much shorter in this regard by the simple

9 expedient of requiring the people who hold office must be

10 registered voters. This takes all of the qualifications of

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it automatically into the right to hold office and enables us to shorten and simplify the Constitution.

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There is some new language about people elected on

15 o!) a write-in vote. This represents a shorting of the

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16 ;... Constitution, leaving the details of this matter to the

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17 : General Assembly, and enabling legislation has been prepared

18 to reflect the current law in that area.

19

Then finally there were some other provisions dropped

20 out dealing with the sale of alcoholic beverages on election

21 day. That has been the matter of statutory law, and the 22 committee decided it should be left to the statutes.

23

And finally the recall of pUblic officials holding

24 elective office -- this is new to this article. Judge

25 Thompson referred to it. It was previously in Article I, it

PAGE 49

is really more appropriately in this article. Its being in

2 Article I was a feature of the article by article amendment

3 approach which was previously taken in this state, and since

4 that was a separate matter it was felt that a rewritten

5 article such as this and a new substantive provision like

6 that shouldn't go to the people as a package, they should have

7 an opportunity to vote on them separately, and now that that

8 fact of the 1978 voting is passed this provision can be moved

9 to where it really belongs in the Constitution which is part

10

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of the voting and elections text. If there are no questions, that would conclude the
presentation of the Article II subcommittee. Yes? GOVERNOR BUSBEE: Identify yourself. Representative
Burruss. Go ahead. REPRESENTATIVE BURRUSS: This is the final draft we
have here; right?

18

GOVERNOR BUSBEE: The question that's been directed

19 to you, Jim, this is the final draft? Is that the question?

20

REPRESENTATIVE BURRUS: If that's true, we still

21 have the recall provision in both articles on page 7 and page 22 2 of Article II, recall provisions --

23

GOVERNOR BUSBEE: I can't hear you. I'm sorry.

24 The air conditioning is running.

25

REPRESENTATIVE BURRUS: The recall provision is

PAGE 50

included in Article I and Article II. Now, which place will it

2 actually be?

3

MR. PRATT: It should be deleted from Article I.

4

I think in the effort to give the people here present

5 the committee work, the transfer was made previous -- the

6 transfer was made after that report was prepared, so it should

7 be taken out of Article I.

8

GOVERNOR BUSBEE: In answer to Representative

9 Burruss' question, it will appear in Article II is the way

10 it's recommended overall. We had separate article committees,

z~
11 ~ but it will be in Article II.
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~;I MR. PRATT: If there's no further questions, I thank you for your attention.

! 14

GOVERNOR BUSBEE: Let me say we are now back on time

~
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15 ~ in our schedule, and I just wanted to get the feeling of the

~ ~ ~
16 w~ committee. Would you like to take a break say of fifteen Q Z
17 ~< minute~ a coffee break, a rest break for fifteen minutes and

18 we'll get organized here.

19

Okay. We will go back in session then at 10:45.

20

(A brief recess.)

21

GOVERNOR BUSBEE: If everyone will take a seat, we

22 are going to start.

23

Before we proceed, let me just say this. I have

24 been talking to some of the members of the committee. What

25 we are going to do is deviate just a little bit from the

PAGE 51

schedule this afternoon and do something that I think will

2 help us be better prepared as we deliberate tomorrow.

3

Immediately after lunch this afternoon when we

4 reconvene I'm going to ask Charlie Tidwell to go through the

5 notebook that you've already been given and kind of show you

6 how the presentation is made in the notebook and what all the

7 material is that you have.

8

Then if you would take your notebooks home with you

9 tonight we'll be able tomorrow morning if you have additional

10 information or a different type presentation that you want

I think early on in these hearings we ought to go on and

develop the mechanism we'll be operating under and see if we

have sufficient information or any suggestions as to how we

might improve the presentation, and also the information that

we have that you'll be considering, so we'll do that immediately

after lunch today.

Mr. Harris.

18

MR. HARRIS: Mr. Chairman, at the time Harold Clarke

19 was designated and selected as chairman of the Article III

20 committee, he occupied the same position I did, and that's a

21 has-been House member. Subsequent to that time he has assumed

22 a chair on the Supreme Court, and I am going to to find it 23 most interesting to see a member of the jUdiciary recommend 24 to this group how the legislative branch should be structured. 25 Harold Clarke.

PAGE 52

1

JUDGE CLARKE: Governor Busbee, Lieutenant Governor

2 Miller, Mr. Speaker, Robin:

3

I share your interest in that dilemma that I find

4 myself faced with this morning. As you said, when I did this

5 work I was not a member of the judicial branch, and the only

6 branch I had ever served in was the legislative branch, and

7 I am well aware of the concern that members of the legislative

8 branch have for their own prerogatives and the possibility of

9 infringement upon those prerogatives by any other branch of

10 government.

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It occurs to me after I make that remark, and I your feeling about that too, Mr. Speaker, it occurs to me after hearing the remark that Robin had made that perhaps

know that I

! 14 I- ought to make a proposition to the members of the General '<" J: 15 o!l Assembly, the Speaker and the Lieutenant Governor that if you
"0:
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16 .~.. all will leave the judicial article to us we'll leave the Q Z <
17 ::; legislative article to you all, but I'm not sure that

18 proposition would be readily accepted, so I do hope that you

19 will bear in mind that we have attempted to approach a

20 revision of the legislative article in an objective way.

21

Let me begin by telling you a little bit about the

22 committee which worked on it. It was a diverse committee 23 composed of people who I think represented about as broad a 24 cross-section of the population of this state as you could 25 possibly find.

PAGE 53

The mix of the committee was thorough; it was

2 thorough as to there being both men and women, there being

3 people of all different professions, there were people of all

4 races. We had members of the General Assembly, many of whom

5 are on the Overview Committee, including the Speaker, the

6 Lieutenant Governor was a member of the committee, and in

7 addition to that there were

there was I believe at least

8 one person who was a member of the judicial branch at that timE.

9 There were people who were from the academic community, people

10 from the news media, people from organizations which are some-

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times referred to as public interest lobby organizations, so you can well understand that the result or the end product achieved by this group was not one which was arrived at with any absolute degree of unanirninity, but at least some consensus did occur from time to time.
The debate was spirited, and it was prolonged. The committee met during the entire fall I believe of 1979.

18 They were divided into three subcommittees which took various

19 segments of Article III with the idea of revising them and

20 bringing them back to the full committee for consideration.

21

Each of the subcommittees met as I recall once a

22 week. The full committee would meet once every two or three

23 weeks and finally did arrive at some conclusion.

24

I will not attempt to go through a whole lot of T -

25 crossing and I-dotting for you this morning. I think it might

PAGE 54

be well for me to mention to you something about the general

2 philosphy and thrust of the committee's work at the outset.

3

To begin with, it was the thought of the committee

4 that the legislative article and indeed all articles in the

5 State Constitution ought to be succinct, they ought to get

6 at what it's about, they ought not to include a whole lot of

7 statutory type materials; it ought to be briefer than it has

8 been in the past, it ought to be the kind of article which 9 would not require repeated amendments, it ought to be the kind

10 of article which is understood and clear in its terms and in

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Now, this is what we said when we began. You don't always end up with what you say you want as you go down the

! 14 ... road because you finally find yourself running head-on into

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15 .:I practicality as time goes on.

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Nevertheless, I do think that the committee reached

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17 :Ii a conclusion which at least was not inconsistent with those

18 goals.

19

Now, one other thing that this committee concluded

20 in its philosophy is that the article dealing with the General 21 Assembly should not be one which grants specific powers to the 22 General Assembly and thereby narrows its authority; it really 23 ought to be an article which grants all powers to the General 24 Assembly as to the operation of this State, but then limit it

25 only in certain areas.

PAGE 55

Now, this puts it at odds with the philosophy of

'v: .>:

2 the United states Constitution which of course is a power-

3 granting document rather than a power-limiting document.

4 We think there is philosophical reason for this in that the

5 power of government in this country does stem theoretically

6 from the states anyway and not from Washington and the Congress.

7

Let me quickly mention a few of the changes that

8 would be of interest I think to you.

9

At the very beginning there is the matter of the

10 membership of the bodies, the provisions which are suggested

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by

the

committee

is

that

there be

a

cap

upon

the

number

of

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14 >I-

In addition to that there was the matter of re-

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apportionment.

As it stands now, the Constitution provides

16

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that

the

General Assembly does

the

reapportionment,

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reapportioning.

This Constitution says that the General

18 Assembly may provide for reapportionment, which means that if

19 the General Assembly so decided it could bring in outside

20 help or some commission to~? the work for it. That would be

21 a matter that would rest within the discretion of the member-

22 ship of the General Assembly.

23

Moving on to some of the other items which may be

24 of interest to you, there is a provision in the present

25 Constitution that no member of the General Assembly may be

PAGE 56

appointed or take office to a job to which he's appointed in

2 another branch during the term in which he is now serving in

3 the General Assembly. This is removed so as to say that you

4 would simply have to resign.

5

The present Constitution provides that the

6 legislative sessions begin on the second Monday of each

7 January. The suggested draft also provides that, it says

8 "or unless otherwise provided by law." This would authorize

9 the General Assembly to change the beginning date of the

10 session, so if you wanted to begin the mid-term session some

11

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time

in December and have

a

couple of days of meeting to get

~\~i organized, you would be in a position to do so, again giving
;}j)j~ more flexibility to the General Assembly.

14 .~..

It provides that the presiding officer of the Senate

~
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" 15 0:1 would elected by the Senate. Now, we're fully aware that that I:t ;;)

16 ~... would mean that the Lieutenant Governor would not be the Q

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17 : presiding officer of the Senate. There was a great deal of

18 discussion about this, and I think the committee was virtually

19 unanimous in feeling that if this took place that the other

20 articles of the Constitution should provide some specific

21 duties for the Lieutenant Governor and not just make him a

22 pure figurehead with no duties to perform.

23

There is a provision that the Speaker -- Speaker

24 Pro Tern rather would become Speaker in the event of the

25 permanent disability or resignation or death of the Speaker,

PAGE 57

not just acting speaker.

2

The terms I think I mentioned, the second Monday or

3 as otherwise provided by law.

4

We did make some provisions for brief adjournments.

5 When the two houses are unable to agree on brief adjuournments

6 then after certain things occur the Governor could in a

7 proclamation adjourn the General Assembly for a period not to

8 exceed ten days I think.

9

There is an open meetings provision in the article

10 which does not now exist in the Constitution, the exceptions

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being only those

times when committees

are

-- when the

General

~@),~:. ~ Assembly is considering a property transaction or appointments or removal from public office.

g 14! fV> :r

In addition to this there is a slight change in the

15 .a immunity from suit provision, the privilege section of the

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17 ~

You know, we have had some concern in the past whethe

18 this privilege from suit goes into, extends to committee

19 meetings. Under the committee draft it would extend to 20 anything spoken either in the House or in any committee meeting

21 of either house.

22

The one-fifth roll call vote provision is specificallJ

23 provided for in the present Constitution. That would have been

24 changed to say a lesser number if provided by the rules of

25 either house, again giving flexibility to the General Assembly

PAGE 58

itself.

2

The reading of general bills -- we all know the

3 problem that comes about when you have a very long bill, and

4 on the day of the third reading everybody has got to mill

5 around while a couple of hours of reading takes place. This

6 Constitution, or this draft of this article would allow the

7 bills to be acted upon, general bills to be acted upon just

8 by reading the caption three times and not having to read the

9 entire bill unless there is an objection, and I believe one-

10

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third of the membership of either house could call for the reading of the entire bill, and that would apply. Some expedition in the procedures of the General Assembly would be achieved by this the committee felt.
On local legislation we simply say that the General Assembly may adopt procedures for considering local legislation provided, however, that in any event the caption to the bills would be read at least one time. They would not

18 get by without at least that, but the business of having to

19 read them three times could be bypassed of the General

20 Assembly decided to do so by its rules.

21

We propose to leave the procedures for the

22 advertising of notice of intent to introduce iocal legislation

23 up to the General Assembly, and let that be done by statute

24 rather than a long drawn out provision for it in the

25 Constitution.

PAGE 59

At the present time when a bill is passed it does 2 not go to the Governor's office during the session unless it

3 is called for by the Governor, unless he calls for it to be

4 sent down.

5

This suggested draft for Article III would provide

6 that upon the order of two-thirds of the membership of each

7 house a bill could be sent to the Governor, and the Governor

8 would have to accept it, the idea being of course then

9 expedite the business of either the bill being signed or the

10 bill being vetoed so the General Assembly could be in a

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position to act during the session on the overriding the veto.
Local constitutional amendments

possibility of have of course

from

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time to time been problems. Our committee expressed some hope if not opt~mism that the drafters of the other articles dealing with local political subdivisions might be able to devise a means for us to live without local constitutional

18 amendments, and I would hope that that would be the case.

19 The Constitution, as we all know, is filled with them.

20

On the other hand, if that does not occur this

21 Article III would provide that the Governor would have the

22 right to veto a local constitutional amendment. The reason

23

for this is of course that there are times when it's

24 discovered that a constitutional amendment while on its face

25

appears to be local may have impact beyond the bounds of

PAGE 60

the political subdivision directly affected, and somebody

2 outside of the local delegation ought to have some say-so.

3

Furthermore, I think I can recall during my time

4 in the General Assembly when certain members of the House

5 when I was chairman of the Local Affairs Committee used to

6 introduce local constitutional amendments and later discover

7 that it wasn't what they wanted and say "Well, excuse me, I

8 wish I could get that back," and it's too late to get it

9 back because the Governor has no right of veto, and as a

10
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consequence it goes to the people for a vote. This would give the members of the General Assembly
an opportunity to go down to the Governor's office and say "Governor, how about vetoing this for me, and I'll come back and try it again next time to straighten it out."
In dealing with the exercise of powers, Section VI, we here attempted to broaden the powers of the General Assembly to the broadest possible extent, subject only to

18 certain limitations. Even in doing so it was necessary to

19 enumerate certain specific powers in order to accommodate

20 some other provisions to the Constitution.

21

For instance, the one about participation in

22 certain tourist promotional activities of the State and the

23 appropriation of funds for it. In order to overcome the

24 prohibition against gratuities some specific power would

25 have to be granted.

PAGE 61

We left in the short section as to the militia

2 rather than a detailed section. We did not feel it was

3 absolutely essential, but tradition probably made that

4 desirable.

5

There was some feeling that a specific power as to

6 land use and the acceptance of certain federal grants was

7 necessary in order to comply with various aspects of the law.

8 A provision was put in that the General Assembly cannot itself

9 abridge its own power, and this is perhaps important in that

10
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there might be some reason that some acts could be passed would have the effect of limiting what future General Assemblies could do
Here the protection of a broader power would be

that

14

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positively written

into the Constitution.

Some effort was

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17 : that it's all right if they're between two brackets of

18 population. At any rate, that what's what we ended up with

19 on that particular subject matter. I would rather not

20 comment on it personally.

21

The question of gratuities is one which brought about

22 a great deal of discussion. It was brought to our attention

23 that probably no other provision has been amended as

24 frequently as the constitutional provision prohibiting

25 gratuities.

PAGE 62

It seems ridiculous that the Constitution should be

2 expanded to that extent on one subject matter. This committee

3 reached what we felt was a good solution. I understand that

4 others may not agree with our feelings.

5

The solution is this: That if there were to be a

6 granting of a gratuity it could be done also without an

7 amendment to the Constitution provided the bill or resolution

8 providing for the gratuity is adopted by a two-thirds vote of 9 each house and signed by the Governor during each of two

10 successive sessions of the General Assembly.

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11 i=
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The feeling of the committee was that this would

really be given greater attention than would a constitutional

s;;j amendment; the waiting of a year and having been debated twice,
-;;Jh ~ 14 ... voted on twice, the two-thirds vote and signed by the

':<"rl

15 Governor twice would certainly expose it to pUblic view.

"~
~

16 ~... If during the intervening year the public perceived that the

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17 ~ gratuity as in fact a bad gratuity and was a raid upon the

18 pUblic treasury rather than an act to serve the public

19 interest, then the General Assembly would be put upon public

20 pressure not to pass it the next time.

21

We felt that this would work and it would avoid the

22 necessity for continuous amendments to the Constitution.

23

The impeachment provisions of the Constitution were

24 changed to some extent. The provision ~rovision is not too

25 clear just as to whom you have the right to impeach. I

PAGE 63

believe it says any elected officer or something to that

2 effect.

3

Here it was determined to limit it to executive or

4 judicial officers of this State. Now, what that would mean

5 is that members of the General Assembly would not be subject

6 to impeachment. That doesn't matter because you have the

7 right to remove them anyway under your -- as being judges of

8 your own body, and it also means that local elected officials

9 would not be subject to impeachment, and they would then I

10 suppose be mainly handled by the recall provisions of the

11

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Constitution

if

they're

in

there

in

the

other

articles.

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The effect of impeachment would be only the removal

~ri! from office, but it would not relieve the person impeached I

.

14 l- from either civil or criminal liability.

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The regulation of insurance is a long section to

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17 ::i the exa.ct provisions and exact language also appear in the

18 statutory portion of the code. It was the feeling of the

19 committee that this is a duplication that's unnecessary,

20 that this is statutory in nature, that this is not a part

21 of the, or should not be part of our organic or basic law,

22 and we simply should say that provision shall be made by law

23 for the regulation of insurance and that the Insurance --

24 rather the Comptroller General would be responsible for the

25 issuance of insurance licenses as provided by law.

PAGE 64

This would have the effect of substantially

2 reducing the size of the Constitution and removing from it

3 what we felt to be some unncessary materials.

4

The issue then arose of the appropriations section

5 of the Constitution. One of our subcommittees worked long

6 and hard and totally redrafted the appropriations section,

7 feeling that it had done a substantially successful job in

8 making the process more workable.

9

After having done so, it was called to our atten-

10

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tion that the business of appropriating is the very lifeblood of the State and that the existing section as to appropriations has been tested and retested in the courts, that the members of the General Assembly and I suppose the courts, though some of them might question it at times, understand what it's about and what it means as it presently stands.
Therefore, at the urging of the Attorney General's office no change whatever was made in the appropriations

18 section, it was left just as it was.

19

That I believe, Mr. Chairman, pretty well covers the

20 highlights. I did not, as I say, attempt to dot a lot of I's

21 and cross a lot of T's. With Mel's help I'll be happy to try

22 to answer any questions, and I see there is one.

23

GOVERNOR BUSBEE: Senator Kidd has a question.

24

SENATOR KIDD: Mr. Clarke, I would like to ask you

25

three questions.

PAGE 65

First, do I understand in reading this in handling

2 vetoes in what we call the off year like 1982, overriding

3 them would be handled in the same manner as it would be say

4 in 1981 when the same Legislature meets and by a two-thirds

5 vote would override the Governor's veto?

6

Isn't that what you have in this too that in 1983

7 a possibly different legislative body could still vote on that

8 veto and override it?

9

JUDGE CLARKE: I believe that's correct, yes.

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SENATOR KIDD: All right. Also do I understand in the appropriations act that you have left it where money bills can be introduced in both houses? It did not -- I was reading it rather quickly, and it did not look like you spelled out it had to be introduced in the House JUDGE CLARKE: Let me say this, sir.

18

Whatever is in the appropriations section of

19 Article III as it appears in your draft is identical to what's

20 in it now, and to be perfectly candid with you after we did

21 a very substantial redrafting of that section and then after 22 we were urged to leave it as it was, there wasn't much reason 23 to give a lot of consideration to it if we were leaving it 24 just as it was, and I'm not really in a position to comment 25 on the existing section.

PAGE 66

SENATOR KIDD: One other section. I notice that

2 you have added the Governor shall have the power to veto a

3 proposed amendment to the Constitution which is not general.

4 What was this based upon?

5

JUDGE CLARKE: I think I tried to cover that a few

6 minutes ago. This would allow a governor to veto a local

7 constitutional amendment.

8

There were two reasons as -- maybe I didn't make

9 it clear a few minutes ago -- that the committee considered

10 this.

I.'

11

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Number one, there are instances where a local

~;i consitutional amendment from a cosmetic point of view, from just the first view of it appears only to affect one political

! 14 ~ subdivision, one judicial circuit, one county, one city or ':~"r
15 o:J whatever it might be, and then upon a closer study of it at I.' '";;)
16 ~... a later time it may come to light that its effect really goes Q Z ~
17 : beyond that particular political subdivision.

18

Under those circumstances it was felt that somebody

19 other than just the local delegation ought to have some say-so

20 over whether that constitutional amendment was submitted to

21 the voters in that district.

22

The other thing, the other reason for that coming

23 into being was that there have been times when the local

24 delegation itself has found that there is something in it

25 they don't want and they would like to have asked the

PAGE 67

Governor to veto it.

2

SENATOR KIDD: Do you not think you could spell that

3 out what you're saying rather than just putting it in in one

4 line that any local constitutional amendment is subject to

5 veto of the governor?

6

Now what you're saying, yes, if it applies to more

7 than one county, one city, then certainly there should be

8 some mechanism.

9

JUDGE CLARKE: I think the reason for that, senator

10 Kidd, was that it was the feeling of the committee as I recall

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~ 12 ~ all the discussions -- but as I recall it the feeling of the

~J~ committee was that with a general constitutional amendment

14 ~ that the descriptive word "general" has been more fully

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get

into

the

problem

then

of

certainly

a

constitutional

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17 ~ amendment that dealt with the City of Bolingbroke being a

18 town of 225 people in my county of Monroe would be local.

19

Now, whether or not a constitutional amendment

20 dealing with the Flint Circuit, dealing with four counties in

21 my part of the state would be local might be subject to

22 question. It would not be a general constitutional amend-
n ment, however, so I think the reason was that the word "general'

24 had been more fully interpreted than had the word "local."

25

GOVERNOR BUSBEE: Let me make an observation if I

PAGE 68

might too on this.

2

We have two steps that we're going to have to take,

3 and your article committees recognize that in the event we're

4 going to have local constitutional amendments, as Judge

5 Clarke just said we're going to have to have a method for

6 advertising them. These things that you're talking about on

7 the veto of a local constitutional amendment which would give

8 some local jurisdiction something different than the balance

9 of the state is the question we'll have to address first,

10

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are we going to have local constitutional amendments. I think the overwhelming feeling of the articles
committees that were involved in this was we should try and come up with a mechanism that we could deal with the General Assembly, that it would have these powers that Judge Clarke has described, that we could have some limitations on the General Assembly where it is needed, that we might require referendums on certain things that need to be done, but you

18 have that broad discretion, but that we would be able to

19 operate without local constitutional amendments, and while

20 we're going to have advocates fqr many causes I think that

21 the first thing we should do is to try and do away with

22 these local constitutional amendments and this would not

23 even be in the Constitution, Senator Kidd.

24

Senator Reynolds.

25

SENATOR REYNOLDS: Senator Reynolds, 48th District.

PAGE 69

On this local constitutional amendment bit, you know

2 we have

I had one this past session, it passed both houses

3 as a local constitutional amendment, and then the committee

4 ruled that it was a general amendment to go on the general

5 ballot allover the state.

6

Now, after that committee ruled would that

7 constitutional amendment be considered local where I would

8 like for the Governor to have vetoed it, or would it be

9 considered a general amendment where he could not veto it?

10

JUDGE CLARKE: Well, I would assume that if the

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determined that

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it was

in

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SENATOR REYNOLDS: The Governor could not veto it?

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JUDGE CLARKE: Under the terms of this section the

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not

have

the

right

to

veto

a

general

amendment.

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SENATOR REYNOLDS: Then it needs some work done on

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18

JUDGE CLARKE: Well, it may be then that the work

19 might be done on the means by which the determination is made.

20

GOVERNOR BUSBEE: Any other questions of Judge Clarke?

21

LT. GOVERNOR MILLER: Let me

Judge, I think this

22 will probably come out later, but just for the record, did

23 not the Select Committee later when they reviewed this and 24 made their changes, they restored the Lieutenant Governor's 25 office back to the same position that it is now?

PAGE 70

JUDGE CLARKE: Yes, that's correct. Let me make it

2 clear that this was the draft -- the draft you have here is

3 the draft prepared and proposed by the Committee to Revise

4 Article III, it is not the draft of the Select Committee.

5

Back I believe in December of 1979 I made a

6 presentation to the Select Committee and a number of changes

7 were made, and I believe you have those changes in your

8 tables that you have with you.

9

GOVERNOR BUSBEE: Any other questions?

10

,

~

All right. Representative Burruss.

11 1=
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REPRESENTATIVE BURRUS: Is he saying that the final

~;I

draft we have here is not the final draft in the book? GOVERNOR BUSBEE: No, he's not saying that. He's

.

! 14 ... speaking from the final draft of the article committee

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What the Lieutenant Governor was referring to is the Select Committee has made a lot of changes, and that will be reflectec under the changes in your notebook right here which we're

18 going to cover this afternoon when Mr. Tidwell goes over it.

19

Senator Ballard.

20

SENATOR BALLARD: Once again this gets back to

21 basic that I asked about and the Speaker got into. I thought

22 what we were looking at now that they were relating on is the

23 final draft.

24

GOVERNOR BUSBEE: What you're looking at is the

25 final draft of the articles committees is what they're

PAGE 71

discussing now, Senator Ballard.

2

Now, if you want to see what the history was during

3 the legislatures that considered I, II, III, IV, V and X,

4 then we have that for you also. Then you have some other

5 entries in the notebook, and we're going to cover all that

6 this afternoon if we could defer that. Everything that's in

7 your notebook we'll cover this afternoon, but what we're going

8 on now is the final article committee's report.

9

JUDGE CLARKE: Senator Ballard, may I say this.

10 This is the final draft, this is the last thing our committee

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did,

and

once

it did

this

we

were

out of

business.

It then

went to another committee, and I suppose what we're here to

12

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! 14 ... Committee will give you the second step .

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18

GOVERNOR BUSBEE: I think the purpose of this,

19 Senator Ballard, is that we did have a Select Committee,

20 I think it was the feeling of the leadership of the House

21 and the Senate that the ultimate consideration was going to

22 be made by House and by the Senate, and we're going to have

23 a majority vote in each body of this committee, and that we

24 should just present the entire article committee reports to

25 you, and the Select Committee is here, they have what they

PAGE 72

have done, and we'll be discussing this on an article by

2 article basis.

3

As the Speaker just suggested, he wanted his

4 chairmen to be here that considered this in the House, the 5 Lieutenant Governor for their chairmen to be here, you've

6 done things in the committee. We'll explore that paragraph

7 by paragraph when we get to it, and this afternoon we will

8 give you again the mechanism of your notebook right there

9 and what all the material is in it.

10

All right. Any questions now of Judge Clarke?

Thank you, Harold.

JUDGE CLARKE: Thank you.

GOVERNOR BUSBEE: Before I calIon Mr. Harris, the

Speaker wanted to make an observation.

SPEAKER MURPHY: What I propose to do is recommend

to the House in the special session in our operating resolu-

tion we create a special constitutional revision commission 18 which will consist of these 29 people, leaving me off of it, 19 where that the ground that you all will cover will not have 20 to be covered by different committees, you all will go over 21 it again when we get back in the House and it will go before 22 the House from you all instead of going to the standing 23 committee. In other words, we'll just create a new standing 24 committee for the special session only on constitutional 25 revision which will consist of these people here to eliminate

PAGE 73

all that business of going from one committee to another.

,

2

GOVERNOR BUSBEE: Lieutenant Governor.

3

LT. GOVERNOR MILLER: We intend to do the same thing

4 in the Senate. This will be the standing committee that durinc

5 the special session considers the constitution.

6

GOVERNOR BUSBEE: I would like to take this oppor-

7 tunity one more time before calling on Mr. Harris to commend

8 the procedure that's been created by having the individual

9 issues handled before the session by these conferees and

10 that we try and resolve this so that you have a continuity

l.7

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11

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on

into the

session because you will

be the

standing

~@)1~12 0."e.<". committee so to speak that will handle this in the Senate, and you'll be the ones in the House, and we're not going to

14

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any dramatic

change

in

the

face

and

the membership

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think

it's

just a

very

ideal way that we

should resolve

this.

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Mr. Harris.

18

MR. HARRIS: Mr. Chairman, the last two articles

19 this morning are Article IV, Constitutional Boards and

20 Commissions,and Article V, the Executive Branch, and they

21 were assigned to one committee.

22

That committee was chaired by Judge Sidney Smith

23 who is not able to be with us today. The Vice Chairman of

24 that committee is the Honorable Billy Sterne, and I'll ask

25 Billy to come forward at this time to give a report of the

PAGE 74

recommendations of the Articles IV and V committee.

2

MR. STERNE: Mr. Chairman, as you pointed out I am

3 substituting for Sidney Smith who is chairman of the Committee

4 to Revise Articles -- to recommend revisions to Articles IV

5 and V.

6

It would be my intention to cite only -- Well, I

7 should say that as indicated by the gentleman who preceded

8 me what I report on is the result of our committee. What

9 happened to it since our committee made its recommendations

10 I'm not prepared to report on.

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To give you some idea as to how we went about this

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job, how Judge Smith did, he broke us down into three subcommittees. He asked me to chair the subcommittee to look

.

14

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into Article

IV.

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He asked Nick Chilivis to look into Section I and II

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16 .~.. of Article V. They are the two that deal with the offices

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17 g of Governor and Lieutenant Governor.

18

He asked Judge Harold Hill to deal with Sections III

19 and IV of Article V as to other executive officers and

20 disability of elected officers.

21

We met on a nv~ber of occasions as a committee of

22 the whole and as subcommittees between August and December

23 of 1979. Our final report I believe was made December 5th

24 of 1979.

25

The proceedings of those meetings were recorded

PAGE 75

and of course those records are available.

2

I'll cite what I consider to be the major recommen-

3 dations of our committee. I will undertake to answer

4 questions with the help of the staff.

5

I call your attention to the fact that in the

6 materials you have, it seems to me the staff has done a good

7 job in its notes and comments in that cross-reference table.

8

In terms of our recommendations with respect to

9 constitutional boards and commissions, we took a zero-based

10
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constitution approach to this, made ourselves corne up with some positive reason why a board or a commission ought to be dealt with constitutionally rather than through statute.
We felt in doing this that the General Assembly should be left wide discretion in creating boards and commissions and in altering them in terms of their composition and the method of selection, jurisdiction and powers and so forth, and so unless we thought there was a compelling

18 reason for a commission or a board to be dealt with in the

19 Constitution we chose to recommend that it be dealt with

20 statutorily.

21

Our final recommendation in that regard was that

22 there be retained in the Constitution a Public Service

23 Commission, a Pardons and Paroles Board, the State Personnel

24 Board, the State Transportation Board, and the State Veterans

25 Service Board.

PAGE 76

1

Our recommendation would therefore eliminate from

2 the Constitution those provisions that dealt with Industry

3 and Trade, Natural Resources, Offender Rehabilitation.

4

We recommended that Public Service Commissioners be

5 appointed rather than elected.

6

I would say those were our major recommendations for

7 change in Article IV.

8

In Article V dealing with executive officers, we

9 felt -- well, the language of that article now as you know

10
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precludes one from serving as Governor after he has served two terms. We recommended language in there that would permit a Governor having served two terms and sat out four years to again serve as Governor .
In the case of the Lieutenant Governor we recommended -- well, we thought that the office should be made a purely executive office, seeing it in our view as presently being in something of a twilight zone between

18 legislative and executive, and then our draft therefore has

19 language that says the Lieutenant Governor shall have such

20 executive duties as prescribed by the Governor and as may be

21 prescribed by law not inconsistent with the powers of the

22 Governor, and under this proposal the Senate would elect its

23 own presiding officer.

24

In the case of succession, again on the subject of

25 the Lieutenant Governor, when and if a lieutenant governor

PAGE 77

succeeded to the office of Governor as presently called for

2 in the Constitution he would serve until the next general

3 election. We recommended that the Lieutenant Governor would

4 serve the unexpired term, for the unexpired term of the

5 Governor.

6

In the case of other elected executive offices we

7 essentially left as is those provisions dealing with the

8 secretary of State, Attorney General, Commissioner of

9 Agriculture, Commissioner of Labor, District Attorneys to

10 be elected as before and generally dealt with as provided

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heretofore.

~ 12

In the case of the Comptroller General and the

~F~ State School Superintendent, our recommendation would have

! 14 l- them appointed by the Governor and confirmed by the Senate.

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We would have the title of the Comptroller General

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16 ~... changed to Insurance Commissioner, Commissioner of Insurance

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17 ::; as being more descriptive of the principal aspects of the

18 responsibilities of that office.

19

We did considerable editing eliminating the language,

20 that we thought no longer applicable, and that in a very

21 brief rundown describes the work of our committee.

22

As your material will show you, the long hours that

23 staff and members devoted to this dotted a lot of I's and

24 crossed a lot of T's, but I tried to leave that out of this

25 presentation.

PAGE 78

Governor, that's my report.

2

GOVERNOR BUSBEE: We had several hands up.

3

Representative Greer first.

4

REPRESENTATIVE GREER: Mr. Chairman, let me ask

5 first -- Billy, one of the major changes in the first section

6 is for the Public Service Commission. I would simply like to

7 ask the reasoning of the committee in advocating the

8 appointment of the members instead of the present election

9 by the people.

10

MR. STERNE: I'll try to tell you what our

" 11

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reasoning

Did everybody hear the question?

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We recognize the growing need for technical expertise in that position, in those positions, and that's

!.. 14 due in part to what seems to be an increasing complexity of

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We had -- a number of us had strong feelings that

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18 they were required, or might not offer being required to run

19 in a statewide race. I'd say those were the two essential

20 reasons, Mr. Greer.

21

GOVERNOR BUSBEE: We had another question I believe.

22 Senator Ballard.

23

SENATOR BALLARD: What about the State Auditor?

24 Where is he in the Constitution now?

25

MR. STERNE: I go to my mentor. Where is the State

PAGE 79

Auditor in the Constitution?
~

2

He's not in the Constitution I'm told.

3

SPEAKER MURPHY: Let me ask a question if nobody

4 else has one.

5

GOVERNOR BUSBEE: The Speaker has a question.

6

SPEAKER MURPHY: Mr. Sterne, can you conceive of

7 any better way to get a new Constitution defeated than to try

8 to take away from the people the right to elect five Public

9 Service Commissioners?

~:

10

MR. STERNE: I don't know, Mr. Speaker. That's

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--

the

answer

to

that

is

political,

and

I'm

not

12 ~ prepared to answer it.

G~\/-~~! .

14

I-

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~

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REPRESENTATIVE JONES: Herb Jones.

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16 ~...

To me it appears to be a conflict in the appointment

Q

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17 g of the Commissioner of Department of Transportation. Can you

18 explain that one to me?

19

GOVERNOR BUSBEE: I think the question by

20 Representative Jones is there appears to be a conflict in

21 the method of appointment of the Commissioner of the Department 22 of Transportation.

23

MR. HENRY: That conflict was noted, and this is the

24 original article committee proposal; there is a conflict in

25 that the delegations elect and then it says the Governor

PAGE 80

shall appoint. That has been worked out by the Select

2 Committee, and it's an error that we noted that will be changec

3 as we go along.

4

GOVERNOR BUSBEE: The answer to the question, since

5 you don't have a microphone

Representative Jones is

6 correct, there was an error in the final draft that was made,

7 it was corrected by the Select Committee, and it will be

8 addressed when we get to it in our hearings.

9

All right. Any other questions?

10
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11 I-
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Senator Howard. SENATOR HOWARD: Pierre Howard, State Senator. Mr. Sterne, was there any opinion within your committee to go back to a one-term governorship? I've heard a little bit of discussion among some of the members. I just wondered what the discussion was on your committee on that. MR. STERNE: I don't believe we had any discussion on that subject, Senator Howard. I don't recall any. Do

18 you, Mel?

19

MR. HILL: No.

20

MR. STERNE: Our staff doesn't recall it either.

21

GOVERNOR BUSBEE: Any other questions?

22

All right. Thank you a lot, Mr. Sterne, for a fine

23 presentation.

24

MR. STERNE: Yes, sir.

25

GOVERNOR BUSBEE: After getting a little bit behind

PAGE 81

to start with, we were able to pick up some time and we're

2 getting through about twenty minutes early.

3

We are going to have our recess for lunch. We

4 are currently scheduled to start again at 1:30 unless you

5 want to modify that.

6

REPRESENTATIVE LEE: Mr. Governor, can you get the

7 clock fixed?

8

GOVERNOR BUSBEE: We have two commitments the

9 Speaker has made. One was he's going to get the clock fixed

10 by the time we get back, and I understand that the Lieutenant

z~

11

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Governor and the Speaker have

spoken with CareyBond and we're

@ ~)~12 ~ going to have a boom microphone. Is there anything else?

We have some time now.

14

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Terry?

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REPRESENTATIVE COLEMAN: What about the schedule

::::l

16 ~... for tomorrow, the agenda? We're ahead, will we be able to Q

Z

17 : finish up a little early tomorrow afternoon?

18

A VOICE: More like twelve o'clock?

19

GOVERNOR BUSBEE: What we have to do is, as I told

20 you, Mr. Tidwell is going to come back about the notebook.

21 What I thought we would do then is during the lunch hour

22 and by having this additional time, if we could get people 23 that are scheduled at certain times for tomorrow to be 24 available earlier we might be able to finish earlier is 25 what you're saying, so we'll explore that possibility.

PAGE 82

Representative Burruss?

2

REPRESENTATIVE BURRUSS: Governor, would you have

3 someone introduce the staff people so that we know who they

4 are?

5

GOVERNOR BUSBEE: Yes. Robin, would you --

6 Representative Burruss would like for the staff people to be

7 introduced, and so I'll either let you or Mel do it.

8

MR. HARRIS: We're trying to remain as anonymous

9 as possible. I'm sorry you brought that up, AI.

10
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Mel Hill is the Assistant Executive Director of the Select Committee on Constitutional Revision.
Vickie Greenberg who after she started got married and now has the last name of Sachs. Vickie.
Michael J. Henry known to some as Mickie, and Ms Knox is the secretary that has worked over with the Select Committee
Okay. And me.

18

Who put the book together? Well, the book was

19 designed principally by the staff. The actual I think putting

20 together of the book took place in the Clerk's office.

21

REPRESENTATIVE BURRUSS: I just wanted somebody to

22 explain that to me.

23

MR. HARRIS: That's what Mr. Tidwell is going to try

24 to do after lunch if he don't eat too much and don't come

25 back too sleepy.

PAGE 83

GOVERNOR BUSBEE: Before adjourning, I will make

2 this observation that tomorrow we will take up local 3 constitutional amendments, and it's our intention, Terry,

4 to be through before noon and we'll speed it up as much as

5 possible tomorrow.

6

All right. We will stand in recess now until

7

MR. HARRIS: Mr. Chairman, let me just add to this.

8 Tomorrow morning we're simply going to ask you to address

9 the issue of whether or not to retain or eliminate local

10 constitutional amendments.

IzII 11 I-
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Now, once you have been able to resolve that question which impacts a lot of the other sections of the Constitution, once you have been able to resolve that, you

! 14 go home as far as I'm concerned.

I-
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GOVERNOR BUSBEE: We are in recess until 1:30.

III 0::
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16 .~..

(Whereupon, at 11:40 a.m. the committee meeting

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17 ~ was adjourned, to reconvene at 1:30 p.m. in the same place.)

18
AFTERNOON SESSION
19

20

GOVERNOR BUSBEE: If everyone will take a seat,

21 we're going to start.

22

This morning we stated that before we heard from

23 the next chairman that we were going to take the material

24 that you have already received, I was going to calIon

25 Charlie Tidwell to go through the structure and the contents

PAGE 84

of what you have in the notebook, and when he concludes you

2 might ask any questions you have at this time, and then any

3 suggestions that you have for any additional information you

4 might need or any different type presentation you might need;

5 if this could come up this afternoon, then we could have this

6 for you tomorrow morning.

7

All right. At this time I will calIon Mr. Tidwell.

8

MR. TIDWELL: Now, all of us that have participated

9 in trying to do some staff work for you apologize for the

10 confusion here. We confused ourselves as to what we had done,

but I think it is good that we sort of had that little shake-

down cruise this morning before you actually in the next two

weeks from now move into the actual consideration of it

paragraph by paragraph so that you will have the materials,

you will have them organized and you can follow what's going

on.

Before I tell you what you've already got, let me

18 tell you what you're going to have each time that we come in

19 here for a meeting.

20

You're going to have -- up at the front you're

21 going to have a draft of the article committee's recommenda-

22 tion. As you remember the rules you adopted this morning,

23 that's what we decided we would start as a base document.

24 You will have a clean copy of how that article committee said

25 that particular article ought to look in the new Constitution.

PAGE 85

Then right behind that you are going to have a

2 strike through and underlined version of that article where

3 it's available.

4

Now, in two places we know that it is just

5 impractical to give you a strike through and underlined;

6 that's the Judicial Article and the Legislative Article.

7 It would confuse you more than it would help you if we gave

8 you a strike through and underlined version.

9

You already have in some of your books a strike

10 through and underlined version. Everywhere else that you

Czl

11

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don't already have

it

in

there we

are

going to examine

it,

~ 12 ~ if it looks like it's practical, that it would be of help

.~-:~ to you, you will have a strike through and underlined version.

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17 :<Z:i

In addition to that, you will have that crossreference table that will cross-reference from the present '76 Constitution with a brief staff synopsis of the changes that were made by the article committee in the structure of

18 the article, and in addition to that for Articles I, II, II,

19 IV, V and X that cross-reference table will also tell you

20 what the Select Committee changed in it, what the House

21 changed in that committee version, and then what the Senate

22 Judiciary Committee changed, so you will have two types of 23 cross-reference tables.

24

In addition you will also have staff notes and

25 comments for the article that you have under consideration

PAGE 86

which will be an analysis of all the changes and the 2 rationale, and those notes and comments are in here, but

3 that will be a part of your package.

4

Then in addition to that you will have if necessary

5 a staff memorandum that will update you on any recommended

6 changes which the staff has found necessary since the original

7 article committee made its recommendations, any inconsistencies,

8 anything that the staff has discovered that you need to be

9 brought to your attention.

10

So that when you come in here two weeks from now

when you take up -- we know we're going to take up Article I

and II, and we'll talk about what other articles in just a

minute -- that material for each of those articles will be

up here and it will be readily available and you can probably

work from that a lot easier than you can this bulky book.

What this book was intended for was something that

you could take home, that you could study, that you could 18 acquaint yourself with some of the changes prior to coming in 19 here and being hit cold, and there is no amount of staff work 20 that we could do for you that's going to substitute for you 21 taking this book home and reading what Article I, what the 22 changes are that are proposed. You will have a commentary 23 on why they thought as they did, and it will be helpful to 24 you when you then have to decide how you're going to vote on 25 that, so that's what you're going to have.

PAGE 87

Now, with that explanation, Governor, if it is

2 helpful I can tell you what is in this book, I've gone

3 through it, behind each tab.

4

Let me tell you what caused the confusion this

5 morning, and we need to take that confusing document out and

6 dispose of it by putting it in the nearest trash can.

7

In Tab 5 what you have there is the -- about half

8 way through you can find a document that is titled Cross-

9 Reference Table, Article I, Bill of Rights.

10
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SPEAKER MURPHY: About that far from the back (indicating) .
A VOICE: What page number is it? SPEAKER MURPHY: It's about that far from the back (indicating). That's the way you all do things in the Senate. MR. TIDWELL: That's at the very end of the notes and comments. First you have the draft of Article I, II, III, IV, V and X, then you have the notes and comments, and then

18 the very next thing is titled Cross-Reference Table. It

19 says Article I, Bill of Rights.

20

Has everybody found that? Yes, Senator?

21

A VOICE: Charlie, when are you going to have this

22 cross-reference table to us?

23

MR. TIDWELL: What we're going to try and do for

24 those that you don't already have in your book, for those

25 that we're going to take up two weeks from now, we hope that

PAGE 88

we can mail them to you.

2

Okay. If we can't, they will be here in any event,

3 but if we can get them prepared they will be mailed to you

4 before the meeting. Is that right, Mel?

5

MR. HILL: Yes.

6

SENATOR BALLARD: One more question. Is it my

7 understanding that you're going to give us the proposal that

8 we're working from, and then you're going to give us the 9 previous law --

10
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GOVERNOR BUSBEE: Wait just a minute, Senator Ballard.
Let's keep some order now. All right. The question was what? SENATOR BALLARD: In this cross-reference you're going to give the requested, or what you are suggesting; next will be the present Constitutional provision; then third will be the change; and then you said you were going to give

18 a couple more that the House and Senate did. Is that what

19 you're going to get to us?

20

MR. TIDWELL: All right. Let's talk about

21 specifics in let's say Article I, the Bill of Rights.

22

The cross-reference table which you presently have

23 in your book after Tab 5 is not the one I'm talking about

24 right here. What that present cross-reference table tells

25 you is the change that the Select Committee made in the

PAGE 89

committee proposal. It also will note what the House changed

";'"

2 in that committee proposal, and what the Senate Judiciary

3 Committee changed in that proposal.

4

What that cross-reference table does not have right

5 now is a cross-reference from the present Constitution to what

6 the committee did, and that's what we're going to get for you.

7

SENATOR BALLARD: That's what we're going to be

8 working from is the present committee recommendation?

9

MR. TIDWELL: That's right, and you'll have a clean

10 copy of that committee recommendation, and where available

11

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you will

have

a

cross-through,

strike-through,

which will

be

~ 12 ~ the easiest for you really to look at and see what the

~Fi committee has done.

! 14 ~

Then you will just have a table that for information

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16 .~.. Committee did, what the Senate Judiciary Committee if they

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18

Now, they have not looked at Article VI, VII, VIII

19 and IX.

20

Has everybody found what we want purged from this

21 book right now?

22

SENATOR STARR: Take all of it out?

23

GOVERNOR BUSBEE: Let me make sure. You were

24 talking about the cross-reference table, Article I, Bill of

25 Rights.

PAGE 90

How far do you want to throw out?

2

MR. TIDWELL: It's about thirty pages. We want you

3 to go about this far (indicating). Can everybody see that?

4 Go to where it says Synopsis of Changes in Original Article

5 Committee Recommendations Proposed by the Select Committee

6 and the House, go to the first page where you see that.

7

GOVERNOR BUSBEE: How many pages are you talking

8 about? The beginning point is the Cross-Reference Table --

9

MR. TIDWELL: It's about thirty pages. They're not

10
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numbered. A VOICE: They ought to be. MR. TID~iELL: But all of them say Cross-Reference
Table -- well, they don't because they were -- the last one I'm talking about will say Cross-Reference Table, Article X, Retirement System and Educational Scholarship, page 2. Take that and put it in the outhouse
SPEAKER MURPHY: I wouldn't say that. It might

18 come in handy when they get to the --

19

MR. TIDWELL: Keep it for historical reference if

20 you want to, if you want to see that's the difference

21 between Articles I through V and X of the House and Senate

22 versions when they considered it in the 1980 session, and

23 they should not be confused with trying to cross-reference

24 what the committee recommended and what the new Constitution

25 recommended.

PAGE 91

'.'
"

t~

2

'.

GOVERNOR BUSBEE: Proceed. MR. TIDWELL: That's what caused the problem this

3 morning. We forgot what we had done when we compiled this

4 and couldn't explain it correctly.

5

GOVERNOR BUSBEE: All right. Proceed.

6

MR. TIDWELL: I don't want to take the committee's

7 time unless you feel it necessary to start with Tab 1, and I

8 could tell you what's in here. Do you really want to do that

9 knowing that what you're going to have from here on out?

10 I'll do it if you want, Governor or the committee or what.

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It's going to take fifteen minutes to run through it.

GOVERNOR BUSBEE: What's the pleasure of the commit-

tee? Do you want Mr. Tidwell to go through those tab by tab,

or do you just want to look and see if you have any questions

on it?

Just questions. Does anyone have any question now?

Do you just want to take this

You have heard what's g ai.ng

18 to be made available to you.

19

Is there any additional information you feel you

20 might need other than what Mr. Tidwell has outlined?

21

Okay.

22

MR. TIDWELL: We've got one more staff thing if we

23 can get it resolved now of when we're going to take up the

24 Education Article. You know, we couldn't take it up at its

25 regularly scheduled time which -- not the Education, but - -

PAGE 92

which one was it -- Retirement.

2

GOVERNOR BUSBEE: Retirement. That's the one you

3 had the conflict of the committee chairman, we had to change

4 the date of Retirement because the chairman of the Retirement

5 Committee in the House was going to be out.

6

MR. TIDWELL: Mel and I met, and could we take up

7 the Education Article at the next meeting?

8

At the next meeting we'll do I, II, and then rather

9 doing Retirement we'll do the Education Article. Can you be

10 here then, Ben?

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SPEAKER ~mRPHY: I only had two chairmen who

~~;1~4! notified me they had a conflict on two days, that they could be here every other day than that, and that's Mr. Jessup who oln- had something scheduled he could not change, and Mr. Ross,

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MR. TIDWELL: If we could just swap Article VIII

Q

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17 ~ for Article X, and put Article X where Article VIII was, then

18 we can go on.

19

GOVERNOR BUSBEE: Then does that resolve all

20 possible conflicts, swapping Article VIII and Article X?

21 If there are no objections, we will change our agenda to

22 reflect that such articles be changed.

23

All right. Representative Carlton Colwell had a

24 question.

25

REPRESENTATIVE COLWELL: Charlie, when will we have

PAGE 93

,

this information that you're talking about?

2

MR. TIDWELL: Most of what I told you you've

3 already got right here in your book. In many instances you

4 have a clean copy and a strike through copy. In most

5 instances you have a cross-reference table.

6

Where you don't have that information, you know,

7 Frank's office is going to have to help us develop that

8 strike through and underline, so we're going to have to get

9 with him and see how fast he can get it for us.

10

We're going to get it to you as fast as we can, but

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rest assured you will have

it the day that you do meet,

but

0

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14 >

MR. TIDWELL: As I said, Don, we're going to get it

~

~

~

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15 ~ to you as fast as we can.

~

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GOVERNOR BUSBEE: He said he was going to try and

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17 =~ mail it to you and, if not, the absolute deadline --

18

MR. TIDWELL: Ninety percent of it you already have,

19 it's already in the book, maybe 95 percent of it.

20

GOVERNOR BUSBEE: Any other questions now on

21 procedure before we go to the next item, the next article?

22

Mr. Harris.

23

MR. HARRIS: Mr. Chairman, the next article is

24 Article VI. This article committee has been meeting the

25 longest of all of them, having begun its work in 1976, and

PAGE 94

has turned in its final report.

2

The chairman of that committee has been Mr. Wayne

3 Snow, Chairman of the House Judiciary Committee, and I will

4 calIon Mr. Snow. A highly noncontroversial article.

5

REPRESENTATIVE SNOW: Governor, Mr. Lieutenant

6 Governor, Mr. Speaker and my colleagues:

7

We can simplify this whole procedure if we go ahead

8 and vote passage of this article and not worry about it any

9 longer or any more before it's sent for ratification by the

10

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people. But not feeling that that would be the consensus of
everybody here, I suppose that we better discuss it somewhat. SPEAKER MURPHY: We could simplify it further by
sending you back home too. REPRESENTATIVE SNOW: I have been involved in
constitutional revision almost as long as the Speaker. Some sixteen years, almost half my life has been involved

18 in this General Assembly, and most of it has been involved

19 with constitutional revision

..

20

We have had four years of some turmoil as far as

21 this article is concerned. For the first two years we were

22 almost at a total impasse.

23

At the close of that two-year period when we

24 decided that there was just no way that we could submit the

25 Judicial Article to the General Assembly because we were in

PAGE 95

such disarray as far as our own commission was concerned,

1

2 we did proceed then and I appointed a smaller subcommittee

3 composed of Judge Beasley and Judge Brock representing the

4 Justice of the Peace Association, and Judge Marcus Calhoun

5 of the Superior Court Judges Association

Judge Beasley

6 was with the State Court judges.

7

These folks. got together and were able to come up

8 with some recommendations for the full committee, and as a

9 result of their work and the work of the full committee we

t~
10 have presented and are presenting this proposed draft.

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I do submit it to you, and we'll submit it to you

0

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. 112 ~ in further detail as we go along, recognizing that there may be some difficulties with certain sections of it, but also

! 14 ~

realizing that it is a step in the right direction toward

~

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be proud of in this State.

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I have heard on many occasions some of the judges

18 of some of the courts suggest that if something is not broken

19 you shouldn't be trying to fix it. Well, I would suggest to

20 many of those judges that if you were an observer, a casual

21 observer in the courtrooms of this state in many instances

22 you would certainly find that there are certain things that 23 are wrong with the courts, and you will find that there is a 24 certain archaicness about the system itself, and we have 25 sought and we do seek in this article to address some of these

PAGE 96

problems.

2

I would submit to you that one of the primary things

3 that I think that we concern ourselves with would be of course

4 the classification of the courts, and we would have under the

5 article four classes of courts other than the appellate courts.

6 That would be the magistrate's court which would consist of

7 your present J.p. courts and your small claims courts

8 throughout the state, and some of the other courts that have 9 been created on a rather hodgepodge basis by the General

10 Assembly through the years.

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This would comprise your magistrate's court.

.~;~

You would also have your probate court, your state court and your superior court. You would have state courts

! 14 I- only in those areas where by law you desire to continue those :'z":

15 ~ courts.
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All of these courts other than the superior courts

Q
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17 ~ we would call courts of limited jurisdiction, and then of

18 course you would have the appellate division of the courts.

19

We are including in the Constitution in our

20 proposal that a part or a divsion of the superior court would 21 be called a juvenile court, or we could call it a domestic 22 relations division. This could hopefully in the future by 23 law encompass any problems that may be dealing with juveniles 24 or with the family, and for that reason we would call it the

25 juvenile-family court or domestic relations court or whatever

PAGE 97

might be the wisdom of this body to suggest.

2

The unified judicial system -- hopefully this would

3 provide for a truly unified system which was of course passed

4 by the people, ratified in the late 1960's and continues to

5 be a part of this proposal.

6

The courts would be in a position under the

7 proposal to -- or the judges of those courts to be able to

8 sit in other courts under rules that would be prescribed by

9 the Supreme Court as long as the judges were otherwise

10 qualified.

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This would mean that any of the judges who were qualified to sit on any of the other courts, provided the judges of the other courts were in agreement as well as the judge who was asked to sit, if he was in agreement.
The proposal gives to the Court of Appeals for the first time equity jurisdiction. In the past that has been limited to simply the Supreme Court and to the Superior Courts,

18 but this would also give equity jurisdiction -- it would give

19 it to all the courts as far as their own courts would be

20 concerned, but it would give to the appellate courts, both

21 the appellate courts equity jurisdiction.

22

When we are talking about uniformity, we are talking

23 in terms of uniformity within each class of courts. There's

24 the magistrate's courts. They would have the same rules, the

25 same powers, the same jurisdiction, the same procedures, the

PAGE 98

same method of selection in each of the magistrate courts

2 throughout the state.

3

The same thing would be true in the state court.

4

Now, all of us in the General Assembly know what

5 we've been doing in the past, we have been setting up small

6 claims courts on a local basis, it's gone through by local

7 legislation. We've set one up here for a jurisdiction of

8 $500, some place else we've set it up for $2000, some place

9 else give them $350, et cetera.

10

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This proposal that is being presented would create uniformity of rules and uniformity of jurisdiction in each one of these classes of courts.
There would be at least in every county of the state there would be one magistrate. Where you could possibly now have two J.P. 's for every militia district in your county, you would have at least one magistrate, and that would be based upon how many you might want to have in your particular

18 county, or how many you may need.

19

You would have at least one probate judge, and you

20 would have at least one superior court judge in each county.

21 Of course, the superior court would be on a circuit-wide

22 basis, and let me mention that by law we could set up the

23 state court judges where they could also be on a circuit-wide

24 basis in the areas where we might find that desirable to do.

25

In the course of the work that we've been doing on

PAGE 99

this, of course all kinds of rumors get out, people have

2 misunderstandings about what your proposals are. Some of the

3 local county officials get all upset because they think they'D

4 being adversely affected.

5

Let me suggest one thing to you. There is not a

6 single judge in the State of Georgia whose office will be

7 abolished by this act. They will all be grandfathered in

8 and continued in office provided of course they have passed

9 the legal qualifications, and in the case of J.P.~ or those

10 that are small claims judges, provided they have gone through

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the

courses provided by the

Justice

of

the Peace Judicial

Training Council, they would be the ones that would be

! 14 ... qualified to continue as magistrates under this act .

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The clerks have been concerned because they were not

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17 ~ that is that the Clerk of the State of Georgia, the Clerk of

18 the superior court are not in the present Constitution, but

19 they will be in Article IX of the Constitution listed as one

20 of the county officers along with the other county officials,

21 many of whom have never been listed in the Constitution before,

22 such as your county commissioners, so they will be at least

23 listed for the first time in the Constitution.

24

Some of the probate judges have expressed concern

25 that their jurisdiction is not spelled out in this proposal.

PAGE 100

I have suggested to them that possibly if less of their

2 jurisdiction in the past had been spelled out they might still

3 be county commissioners in many instances or have all the

4 powers that county commissioners have since they were

5 originally those who were in charge of the counties before

6 by legislation their position was circumvented and county

7 commissioner setups were made throughout the state.

8

Judicial circuits would be set up by the General

9 Assembly under this proposal on certification by the Supreme

10 Court. Now, I don't know whether we want to keep the Supreme

;.:.

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11

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Court in that particular position or not;

there's been a great

III

deal of concern expressed about it.

I just wondered if any gestures were being made.

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REPRESENTATIVE SNOW: I want to suggest this, though

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relative to this,

that right now the judiciary committees in

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17 ~ both houses for the past few years have been taking the advice

18 of the Judicial Council of Georgia, they have been making

19 investigations for us, and I feel strongly that at least

20 there ought to be someone or something that will help us

21 and to give us some advice so that we might know the need

22 for many of these judgeships.

23

I think that the Judicial Council -- I was very

24 critical of them this past year because I think they let us

25 down in some of their efforts. They have been very good

PAGE 101

about it in the past, but they got a little careless this

2 past year.

3

I am not wedded to the Supreme Court doing it, I'm

4 not wedded to the Judicial Council, but I would like for you

5 to keep in mind at least that we have someone who is doing

6 some checking on the need for some of these courts.

7

It costs us a great deal of money. That's primarily

8 one of the reasons we need to have it done, it's $100,000

9 every time you talk about setting up a new judgeship in this

10 state. We have provisions in here where the judges themselves

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~rl! been shown in the past in some instances for additional judges.

.

14

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The other things that we've set up, the senior judges

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of not

having

to create as many circuit

judges as we

have

in

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17 ::i the past.

18

Jurisdiction under the proposal will be as provided

19 by law. There will be no jurisdiction set out in the

20 Constitution under this proposal, it will all be as would be

21 passed by the General Assembly of Georgia.

22

The Court of Appeals of Georgia will be composed

23 under the proposal of nine -- up to nine judges -- no, I'm

24 sorry, not less than nine judges. The court presently has

25 nine judges. We would be in the posture of being able to

PAGE 102

increase the judges of the Court of Appeals under the

2 proposal.

3

Your seven Justices of the Supreme Court could be

4 increased by an act of the General Assembly up to nine judges

5 of the Supreme Court of Georgia.

6

And your review as far as the proposal is concerned

7 of all cases in civil matters, the courts would -- the appellate

8 courts would review those cases by writ of certiorari rather 9 than by any direct right of appeal.

10

This of course has created and does create

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considerable concern, and has been a matter of controversy on the commission and among the many members of the bar who will have to review it closely, but I also want to call your

! 14 ... attention to the need in this particular instance that we have '~:"r 15 oll got to take into consideration the needs of the court as far

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as their staff is concerned, at the number of judges they've got, the fact that these folks are handling on a per capita

18 basis more cases than any of the appellate courts in this 19 country, and that since we did provide for review by the court~

20 in some civil matters two years ago in the General Assembly,

21 they have granted review in 35 percent of those cases, the

22 Supreme Court of Georgia has, and in 35 percent of those

23 cases coming up for review the appeal has been granted, and

24 in about one-half of those 35 percent of the cases they have

25 affirmed the lower court, so I think these are matters that

PAGE 103

we can look into and can look at more closely.

2

The Supreme Court will have, as I said, on death

3 cases or criminal cases -- in either the Supreme Court or the

4 Court of Appeals they will go as a matter of right of appeal

5 directly to those courts upon the appeals being made.

6

The Supreme Court will continue to handle the

7 matters relative to the -- well, they will begin handling

8 under this proposal matters of elections or any questions

9 arising between any state agencies or state subdivisions

10 where those subdivisions are a major party to the case, and

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the Supreme Court will handle appeals on those matters. The rules of evidence for all courts will be
established under this proposal by the Supreme Court with the General Assembly of Georgia having the right to veto those rules of evidence by a two-thirds vote in each house of the General Assembly .
The Supreme Court of Georgia would continue as it

18 presently does to handle matters of this kind as far as the

19 State Bar of Georgia is concerned and run the State Bar.

20

The Attorney General is in the judicial article.

21 He is being removed from the executive article. He presently 22 would be in both articles of the constitution. There was 23 seen no need whatsoever for the Attorney General to hold such 24 a position in both articles. The Attorney General at his

25 request is included in the judicial article and then removed

PAGE 104

from the exectuve, rather than being placed in the executive.

2

Many members of the commission felt that the

3 Attorney General should be a member of the executive division

4 or the executive branch. The same thing was true with the

5 district attorneys' position; there were several members of

6 the commission that felt that that should be included in the

7 executive branch rather than in the judicial, but the majority

8 vote on the commission was that they both be in the judicial

9 article.

10

The term of office for all judges other than those

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who would be in courts of limited jurisdiction where terms could be set by law and by the General Assembly would be six years. Presently most of the superior court judges in this

! 14 ... state have four-year terms; the Fulton County superior court ':"r 15 olI judges have eight-year terms.

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There is a built-in provision that all of those judges who have eight-year terms, as long as they would hold

18 the office would continue to hold it for a period of eight

19 years, but any successor would have a six-year term, so that

20 would be uniform after a period of years.

21

No judges under this article proposal would be in

22 a position or could practice law, and I think that is one of

We 23 the major advantages of this proposal.

have many state

24 court jUdges who are part-time judges, but I think it is

25 indeed unfair to any litigant where there is a state court

PAGE 105

judge who is in the superior court and being referred to by

2 the superior court judge as "Judge." The other side is at a

3 great disadvantage, and I think that this is indeed a good

4 proposal and I hope you will give it your serious

5 consideration as to that particular part.

6

The provisions of the article provide that the judges

7 shall be paid for from state funds. All of these courts would

8 be funded from the state. The best information we have is

9 that it possibly would cost the state an additional $70 million

10 a year. We don't have any exact figures on that, and that is

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considerable

amount.

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Compensation supplements, and

would be from the this article does

state other than the provide that they

! 14 would continue. There are many folks who feel like that they I'-"<
15 ~ should not continue. I personally would like to see them CJ '"::>
16 .~.. discontinued if we paid our judges sufficiently as far as Q Z
17 -~< the state was concerned, that would equalize the pay, but that

18 is not likely to occur, so under those circumstances we are

19 continuing to maintain local supplements.

20

The Judicial Qualifications Commission would be

21 established. The Governor would make the appointments, and

22 they would submit names to the Governor. This would become

23 a part of the Constitution.

24

Our past few governors I don't think that's

25 proper language there, our past few governors -- but the last

PAGE 106

1 few governors of this state have exercised this on their

2 own volition and voluntarily, and it has worked out very well.

3 This, though, would place it in the Constitution.

4

The administration of the judicial system would be

5 administered by the Supreme Court, but each one of the classes

6 of courts that I mentioned such as the magistrates, the state

7 courts, your superior courts would have what we call the

8 Council of the Superior Court Judges which would be composed 9 of all the jUdges that were a part of that class of courts;

10 they actually would set up their own rules, the powers of

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submit

them to the

Supreme Court for

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approval, and then the members of the

if any of those rules were not General Assembly of Georgia we

favored by could veto

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rules

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the

General Assembly.

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but

this

--

There are

18

Oh, no, I didn't -- that's a rather important

19 section. The provision does call for the nonpartisan election

.

20 of judges, which would mean that judges would run -- they

21 would be on the ballot, but they would not be assigned to

22 any particular political party, or they could be by separate

23 ballot. A procedure for this would have to be established by

24 law.

25

We have had in the House several recommendations,

PAGE 107

several bills that have been introduced in the past. I think

2 that in most instances these resolutions in the past when they

3 have come in have met defeat primarily because -- well,

4 recently let me suggest this, that the courts, the judges are

5 under such strict rules of ethics and legal conduct that they

6 cannot participate in political campaigns in any instance,

7 and because of these new rules and their code of ethics under

8 which they operate I would suggest that the climate is

9 totally different from what it has been in the past when this

10 issue has come up.

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if

they

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party,

but

I think that you might find difficulty in Cobb County or in

14 ~~ DeKalb County finding that to be true because of some of the
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17 : many other counties in the State of Georgia.

18

It happened statewide in the State of Colorado

19 when Richard Nixon was elected President. He took with him 20 or brought in with him full Republican, all Republican judges 21 in Colorado. All of the incumbent Democratic judges were

22 defeated. I am not suggesting that they possibly shouldn't 23 have been defeated, but I do suggest that in judgeships 24 usually that is not the race that creates the major amount

25 of interest.

PAGE 108 I would suggest to you as far as elections are concerned that the states that have been able to really get judicial reform in those states have done so when there has been some type of scandal such as there was in Oklahoma. Unfortunately we don't have that going for us as far as passing a new judicial article, but if we keep a system like we have had in the past and like we've got now without trying to make some improvements on it, then we're going to have troubles, and the troubles are going to be real. We have got a Court of Appeals and a Supreme Court right now that are just about at their limit as far as what they're able to do and to do effectively. It isn't a matter of what they can do, but my concern is that they do their job effectively, and I think that is their concern also, and it is a concern of the citizens of this state, those who are sitting around waiting for cases to be tried in the superior courts and in the other courts, for those lawyers who are going in the different courts and not knowing all the time what the jurisdiction of one court is as compared with what it might be in another court. We need to be a little bit more fair with those who are attorneys; they can find out, but many times they don't find out, and it is litigant who suffers, and it is the litigant who has to pay the bill. Can you all think of anything that I need to cover?

PAGE 109

Thank you very much.

2

LT. GOVERNOR MILLER: Are there any questions?

3

A VOICE: There are a lot later on.

4

LT. GOVERNOR MILLER: A lot later on, I'm sure

5 that's correct.

6

MR. HARRIS: Mr. Chairman, as chairman of the

7 Committee on Article VII the State was fortunate that one

8 of its most distinguished citizens agreed to be chairman.

9 He served his country as the United States Commissioner of

10 Internal Revenue. Since it's past April 15th we can say

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those words.

@;I It is a real pleasure for me to present the Chairman of Article VII, the Honorable Randolph Thrower.

! 14 Randy.

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MR. THROWER: Mr. Chairman, members of the committee,

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I'm happy to have this opportunity on behalf of our

18 committee to present the results of our work. Let me comment

19 a little bit on the committee, because I would be derelict if

20 I did not tell you that it was a very highly committed and

21 hard working committee.

22

Someone who kept records for us indicated that we

23 had put in a total cumulatively and together over 300 hours

24 of committee work -- of course a great deal more time than

25 that was spent in between the meetings of the committee and

PAGE 110

subcommittees.

2

We had on the committee four members of the General

3 Assembly -- well, four members of the House of Representatives

4 and two members of the Senate. We broke up our committee

5 into three subcommittees, one dealing with powers of

6 taxation chaired by Don Castleberry, a member of the House.

7

The second subcommittee dealt with purposes of

8 taxation, and that was chaired by Mr. James Martin who is 9 with the Legal Aid or Legal Services group.

10

Then the third dealing with state debt was chaired

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Representative

Marcus

Collins.

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All of the members of the committee participated.

We had a number representing financial arms of state, county

14 and municipal governments.

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We were particularly fortunate to have had the

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17 ~ appreciation to them. They took a great deal of interest in

18 what we were undertaking to do. I can't name them all, but

19 they included people that you're well familiar with, Melvin

20 Hill, Canter Brown, Cindy Nonidez, Michael Henry, Jack Morton

21 and others; David Kane and Walter Wingfield in my office were

22 also very helpful.

23

Let me tell you what our principal effort and thrust

24 was. We did not undertake to make any radical, probably any

25 very exciting changes in Article VII. We did try to make it

PAGE III

look like a modern Constitution. We felt that it had much

2 too much language; the more language included, the more

3 amendments were required.

4

We reduced it in size from 45 pages to 17 pages.

5 We undertook to clarify, simplify and to take out those

6 elements that we felt properly should not be in a modern

7 Constitution. We undertook to simplify the procedures.

8

I might say that almost all of our actions were by

9 unanimous decision. There may have been one, possibly two

10 occasions where we took a vote on matters that were not

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central where

it was

not unanimous,

but on

the whole

it was

i unanimous; the thrust of our report was strongly urged by all
12

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.

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17 <g; offenders. We undertook to get a grasp of local amendments

18 in the tax field, constitutional amendments in the tax field.

19

That's not an easy thing to do. There have been

20 800, or were 800 local constitutional amendments from 1946

21 through 1979.

22

Professor Albert Say of the University of Georgia

23 at Athens -- and I hope I've got that pronunciation correct

24 did a study on this, our committee did a study on this. What

25 we put together indicated that over this period there were

PAGE 112

800 local constitutional amendments. Beyond that it really

2 begins to fade into the mist, and how many local constituional

3 amendments there are out there no one knows the best we could

4 tell, and we had some suggestions to deal with catching up

5 so far as the past is concerned and moving into the future.

6

Our committee report includes somewhat detailed

7 commentary on each paragraph that deals with each change

8 made in our proposal, so that those that carry forward can

9 see in detail -- and I will not burden you with that this

10 afternoon -- can see in detail the reasons for the changes

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th?t we made. I can comment on some in particular.
to the constitutional amendments, our proposal

With regard as a general

! 14 t- proposal that might be applicable across the board to

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18 amendments that are now active and are utilized within the

19 counties, and there are suggestions that will develop to

20 continue those into statutory law.

21

The only way to find out what are the local

22 constitutional amendments out there that are still relied

23 upon would be I think to ask the proper authorities within

24 the counties, and we would rerommend a four-year period of

25 grace where this information could be obtained and where

PAGE 113

those that are utilized can by this Constitution and a

2 supporting legislative act be preserved, and the rest can die.

3

Within the Article VII area the principal utiliza-

4 tion of local constitutional amendments, the uses have been

5 primarily in two areas, one dealing with the power of the

6 counties to levy taxes in areas outside of municipal areas.

7 This has been required by local constitutional amendment

8 because the Supreme Court held that otherwise it violated

9 the uniformity requirements of the Constitution since it was

10 not countywide.

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We would provide for such taxes upon action by the

.. ~ 12 ~ Legislature and approval of course of the Governor. That

~r~ would overcome the Supreme Court decision that this violates 14 ~ uniformity. lo-n ..c(

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Another area where local constitutional amendments

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18 in the exemptions requires legislative action and constitu-

19 tional revision. We would think that would be properly the

20 subject of statutory law.

21

We would propose that all exemptions be continued

22 into statutory law upon the adoption of the Constitution, and

23 any changes in any exemptions or new exemptions be permitted

24 by statute.

25

We would require two-thirds of the members of each

PAGE 114

branch of the legislature, a vote of two-thirds in order to

2 establish that, and a vote of the majority of the qualified
,
3 electors of the state voting in a referendum thereon that

4 might be held at the time of the general election or any other

5 election during the course of the year.

6

Homestead exemptions represent an area where we have

7 had many local constitutional amendments. We would require

8 there -- we would again take that out of the Constitution

9 continuing in effect all existing homestead exemptions, but

10 would permit enactment of local law approved by a majority

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of

the qualified electors

in

the

affected

local

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! 14 the language, took out surplusages and duplicative language.

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any

outstanding

obligations,

or

that

would

concern

the

various

18 bonding sources, and we think that that was satisfactorily

19 done.

20

We had a good deal of input from professional

21 sources in this respect.

22

One or two changes that we did suggest in this area

23 are somewhat specific and I want to specifically call to your

24 attention. I have a note here, let me find it.

25

There is a provision limiting state debt and lease

PAGE 115

obligations to 15 percent of the total revenue of the State.

2 These limits have never in fact approached even seven percent,

3 and it was the -- or had not even approached ten percent

4 it was the thought of the committee in a spirit of

5 conservatism that it would strenghten our credit to reduce

6 the fifteen to ten percent, which we do recommend.

7

Mr. Chairman, that represents I believe the thrust

8 of what we have recommended and the general nature of our

9 proposal.

10
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LT. GOVERNOR MILLER: Thank you, Mr. Thrower. Are there any questions? Thank you, sir. MR. THROWER: Thank you. MR. HARRIS: Mr. Chairman, we are running a little bit ahead of schedule. The Chairman of the Committee on Article VIII is due here by three Since it is not quite three o'clock, we are going to

18 skip forward to Article X. The Chairman of the Committee on

19 Article X was Senator Al Holloway.

20

That committee began meeting in '76 and finished

21 its work in '78, and has been relooking at it since, and I

22 will call on Senator Holloway to make the report of that

23 committee.

24

SENATOR HOLLOWAY: Thank you very much, Robin.

25

Lieutenant Governor, Mr. Speaker, members of the

PAGE 116

committee:

2

Article X as you know deals in the areas of

3 retirement systems and scholarships.

4

The criteria the committee set in the beginning was,

5 one, elimination of the kind of local constitutional amend-

6 ments and certainly removing some of what our committee

7 considers ridiculous statutory provisions that were included

8 in the Constitutional article.

9

If you will follow me in the following manner, if

10
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you'll take this copy of the committee's report, down near the end -- I think it's page 7, Article X in your Constitution document on page 85 I think I can rather quickly show you what our final recommendations were.
In Section I under Retirement Systems, Paragraph I simply makes it possible for public funds to be used for pension systems for public officers and employees in any areas that the General Assembly so desires.

18

It authorizes the General Assembly to increase

19 benefits.

20

Now, the third paragraph was somewhat a departure

21

from what we thought should be done and what we thought might

22 have to be done, and that is retaining the firemen's pension

23

funding provision of the Constitution. As you know, the

24 Constitution allocates I think it's one percent of all

25

premiums of fire coverage and other coverages to this fund,

PAGE 117

and the majority of the committee thought that it should be

2 retained in the Constitution. That's the reason for it being

3 here.

4

Paragraph IV sets the standards to insure actuarial

5 soundness. Now, this would have to be done statutorily. It

6 could provide among many other things, and we've talked to

7 the experts, those criteria which would insure actuarial

8 soundness. It also could contain such things as whether or

9 not pension bills could be introduced and passed in the same

10 year, whether it should take two years. A lot of discussion

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information we need should be in the hopper a couple not amended one time, thrown on the desk and a quick

of

years,

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actuarial report given.

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Those things were considered, but the manner in

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which we have treated Section I

on the retirement system leave~

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18

NoW, you can see in about less than a page we have

19 eliminated about two pages in the Constitution of Georgia,

20 about four pages as a matter of fact.

21

On Section II dealing with educational scholarships,

22 I'm sure you will all agree that by far 70 percent of this

23 article is dealt with in what should be statutory rather than 24 written in the Constitution of Georgia.

25

As you can see, we have got among many other things

PAGE 118

the Medical Examination Board is set up in the Constitution,

2 the State Dental Education Board, Mental Health scholarships,

3 Board of Regents scholarships -- all those were eliminated

4 and we simply authorized public funds to be used for loans

5 and grants for students or parents, and you will notice the

6 addition of the word "parents" because several of the funding

7 bills at the federal level have gone direct to the parents

8 and there was some question whether a student loan could go

9 direct to the parent, but under this section you will note we

10 first simply authorized public funds be used for loans and

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grants.

Now, Paragraph IT we're authorized to pay interest.

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In Paragraph III we've authorized to match, we are

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17 ~ paragraph (b) you will see that we made such deductions for

18 contributions tax deductible.

19

Now, the balance you will see in that which was

20 submitted to you by the committee simply deals with one

21 problem that we've got to face, and that's what to do with

22 constitutional amendments.

23

What we did as opposed to what I think the Article

24 VII and IX people recommended, we went into the books and dug

25 out every constitutional amendment, and you will see them all

PAGE 119

listed in this bill repealing them. The several next pages

2 simply repeal local constitutional amendments. No such

3 repeal was voted until we had contacted the representatives

4 and senators from each political entity that was affected

5 and explained to them what we were doing. We have simply

6 eliminated them in our draft and consider it a self-destruct

7 clause, whereby if of course the Constitution did not pass

8 they would remain in full force and effect, and we did that

9 also in the area -- if you will notice on page 10, Paragraph

10
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IV, a provision was written in the Constitution that allows attendance in the university system of Georgia without payment of tuition or other fees -- this was the elderly as you will recall on a space available to go without paying fees. We simply gave the right to the Board of Regents to do this or not do it, and also included the right of the Legislature to vote in such grants on a space available basis to any group of people it wanted to.

18

In effect we also cleared that with the Association

19 for the Elderly, they agreed with us it should be a statutory

20 situation.

21

To give you the footprints of this article after

22 many, many, many hours and after contacting well in advance

23 every single individual that was affected by what we

24 recommended, we came forth with our draft. Our draft went

25 to the Select Committee without amendment. You won't have

PAGE 120

that problem to look back and see what the Select Committee

2 might have recommended.

3

It went through the Senate with one small amendment,

4 and that was a provision to allow the General Assembly to add

5 tuition grants on a space available basis in addition to the

6 Board of Regents.

7

It passed the House without amendment.

8

Mr. Chairman, that concludes my report.

9

LT. GOVERNOR MILLER: Thank you, Senator.

10

Any questions?

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SENATOR HOLLOWAY: This bill of course passed in '78,

~;I and it passed the House without amendment, and it was among the several such articles, and I forget which ones, about three

14

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by

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18 amendments.

19

I blame myself in a way for not pointing out the

"":,

20 difference between the first three, and they were inci-

21 dentally the first three amendments on the ballot, but they

22 went down to defeat, down the drain with all the rest of them.

23

A VOICE: What was four that year?

24

SENATOR HOLLOWAY: I don't recall.

25

Thank you, Mr. Chairman.

PAGE 121

LT. GOVERNOR MILLER: Thank you, sir.

2

We are running ahead of schedule, which is good.

3 David Gambrell who is to make a report on Article VIII is not

4 here. I think we will take a fifteen-minute break. We will

5 reconvene at 3:00 p.m.

6

(A brief recess.)

7

GOVERNOR BUSBEE: If everyone will take their seat,

8 the time has arrived to reconvene.

9

We are down now to Article VIII on Education. Mr.

10 David Gambrell is here now.

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GOVERNOR BUSBEE: Mr. Harris. MR. HARRIS: Mr. Chairman, members of the committee, Article VIII was also fortunate in having a distinguished chairman, a former United States Senator, the Honorable

18 David Gambrell, and I calIon David now to bring the report

19 of the Article VIII committee. David.

20

MR. GAMBRELL: Governor Busbee, Lt. Governor Miller

21 and other distinguished members of the Select Committee, and 22 other interested citizens:

23

It's certainly a pleasure for me to be here and give

24 the report of this committee that I worked on. I would like

25 if I may briefly, Governor Busbee and Speaker Murphy and

PAGE 122

Lt. Governor Miller, to say how much we of our committee and

2 the citizens of this state are indebted to you for this

3 undertaking that you are about and have been about for some

4 time in working on the Constitution of our State.

5

Everyone recognizes it needs attention, it should

6 have attention periodically, and it has had a very thorough

7 study which would certainly be fruitless if it were not for

8 the support of people like yourselves and this committee and

9 these representatives of the two houses of the General

10 Assembly.

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I congratulate you on the public service that you are that you will do and will complete I'm sure at the end special session in August.

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Let me say, and I don't think our committee is any different from any others, it was composed of quite a dedicated group of distinguished citizens of our state distributed very widely both in geography and in areas of

18 expertise and interest in the education and general public

19 field. We had educators, but we also had some who you might

20 say were representatives of the general public.

21

I'm going to call of these names because I'm sure

22 they will be meaningful to the members of the committee and

23

the House and Senate who are represented here.

24

We had Senator Brantley, we had Mr. F. Sibley Bryan,

25 Senator Hugh Carter, Ms. Delores Cook, Dr. Alonzo Crim, Dr.

PAGE 122

J. E. DeVaugh, Erwin Friedman who of course for part of the

2 time was chairman of the Board of Regents, Dr. H. M.

3 Fulbright, Representative Arthur Gignilliat, Ms. Miriam

4 Graham, Mr. John Graham, Mr. Joseph Green, Dr. Charles H.

5 Green, Ms. Anne Hager, Freeman Leverett, Dr. Charles

6 Meredith, Mr. Odell Owens, Dr. William Pressly, Representative

7 Ben Ross, Representative Calvin Smyre, Senator Starr, Mr.

8 Donald Thornhill, Mr. Tom Vann and Ms. LeAnna Walton.

9

I'm sure some of those names may not mean anyting

10 to all of you, but in general I think those of you who do know

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boards, they're members of the Board of Regents. We had

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18 and others of various areas of expertise.

19

I think for our presentation I might say this, that

20 I won't try to detail a lot of the changes that were

21 suggested. Our committee tried to be practical, but also

22 to accomplish something while we were at it.

23

We thought it was up to this committee here and this

24 group here to decide what made sense in terms of getting

25 something passed and adopted, but that we would put forward

,.i.,

PAGE 123

some constructive things that we thought would be beneficial

2 to the education system in our state. At the same time we

3 tried to avoid being idealistic and impractical and meddling

4 where meddling would not be helpful.

5

This area as you probably know in fact, I'm

6 sure you know -- involves one of the real big problems areas

7 in constitutional revision, and that is -- well, let's say

8 local option or local choice or local government uniformity,

9 whichever way you want to look at it. There is a feeling

10
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among some people that all school systems ought to be the same, and there's a feeling among others that every community ought to have a wide range of choices on how to structure and operate their school systems.
There are some philosophical differences that are reflected in our work about how school administrators ought to be selected, and that applies both at the State Board of Education and Board of Regents level and at the local

18 government level.

19

I will point out a couple of those specifically,

20 but I won't try to go into all of the nice details that we

21 have dealt with in trying to work with some reconcilliation 22 of the problems of local differences and local uniformity. 23 They are very thoroughly explained in our report by the 24 staff here.

25

If any of you have any questions as I go forward,

PAGE 124

I will try to answer them.

2

I might say we divided ourselves into three basic

3 committee groups, one of which dealt with the state Board of

4 Education, one of which dealt with the local boards, the

5 local school systems, and the other which dealt with you might

6 say higher education, the Board of Regents area.

7

Probably the most I might say high profile or

8 noticeable changes that we made had to do with the structure

9 of the State Board of Education. There is a feeling, just

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to express it this way, that the position of the State School Superintendent ought to be professionalized; that is to say that he ought not to be a political figure so much as he is a professional educator, and that he ought to be subject more to the administrative and executive control of the State Board of Education.
As you know, now the State School Superintendent is elected in a statewide election. I might also want to be

18 sure to point out that we are not talking about the present

19 State School Superintendent, Dr. McDonald cooperated with us

20 in every respect, and what we're talking about is the position

21 and characterizing the position as opposed to characterizing

22 the individual. Dr. McDonald said in effect he could take it

23 either way.

24

GOVERNOR BUSBEE: McDaniel.

25

MR. GAMBRELL: McDaniel, excuse me. He said he

PAGE 125

could take it either way, elected or appointed~ he would just

~~

2

as soon be elected, but he would be glad to take it and face

3

it on the other basis.

4

So there are these two changes. One is that the

5 State School Superintendent is provided to be appointed by

6 the State Board. In order, though, to build in some more

7 responsiveness on the part of the State Board of Education,

8 and I might say none of us I don't think on the committee

9 wanted to immunize the state school system from being

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responsive either to the General Assembly or to the people as a whole, there was some discussion of having members of the State Board elected in their own congressional districts, and that was thought to be impractical, and the solution that was finally adopted was that they would be appointed as they are now upon the advice and consent of the Senate, but would be subject to a recall by the public in their congressional districts under the same rules that any other public official

18 could be recalled.

19

This was an effort to make these representatives --

20 and again we're not talking about the specific ones who are

21 there now, but the people holding these positions a little

22 more closely answerable to the constituents in their

23 congressional district.

24

There was a feeling by some of the local board

25 people that their call might not have been answered as

PAGE 126

promptly as they should, and that maybe if there was some 2 you might say political recourse available that that would be

3 done, but that is the change. The State Board is appointed by 4 the Governor as it is now, and is subject to confirmation by

5 the Senate, and also subject to recall by the pUblic, and

6 that they would have the authority to appoint the State School 7 Superintendent.

8

In the area of the Board of Regents, that was

9 retained almost intact. A good bit of time was spent and

10 concern expressed in regard to what one of our members

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described as the balance of uncertainty that exists in the appropriations process between the General Assembly and the Board of Regents, the power or right or authority to appropriate for specific purposes in the Board of Regents' budget.
We concluded not to involve ourselves with that because we felt like the present arrangement was probably as

18 close to being a good working arrangement as you could

19 prescribe. It doesn't satisfy anybody, but it's not totally

20 unsatisfactory to everybody.

21

We feel like there has been in the history of our

22 state some concern expressed about the university system in 23 terms of accreditation when there was maybe too much 24 intervention from public authorities outside the university 25 system, and on the other hand there was certainly some

PAGE 127

warranted concern that the Bo'ard of Regents was not a separate
:--'

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2 government to itself and should be subject at least to being

3 questioned about their budgetary practices. That process

4 works now, or seems to work, and we decided not to make any

5 serious changes.

6

I won't try to go into detail on the local school

7 system situation. There are, as I say, specific changes that

8 are made .

9

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10 makeup of local school system government should fall into a

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18 twelve-man school board in another city or county somewhere

19 else, and we did not feel that uniformity in that sense should

20 be required and that some opportunity should be preserved for

21 local option changes to be made.

22

The committee did recommend that all local school

23 superintendents be appointed by the school boards rather than

24 running, and in some cases as you probably know, in most cases

25 they are elected, but in some counties and some cities they

PAGE 128

are appointed by the school board.

2

We make that recommen~ation that they be appointed

3 in every case, and that carries with it a couple of things.

4 One is that as in the case of the State School Superintendent

5 not only does it tend to professionalize the job of school

6 superintendent, but it also gives the local school board an

7 opportunity to go outside of the county or the city to find

8 somebody to hold that position. Sometimes a better

9 qualified person might be available outside of the given city

10 or county in which the school system operates.

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We also made some adjustments, and I won't try to detail these you will probably hear from some of your constituents in reference to the taxing and millage structure and the organizational structure of pre-1877 school boards.
This is a question again of whether it is desirable to have some degree of uniformity, not necessarily in how things are actually structured, but in how to make changes

18 in the existing structure. Should you just leave all of them

19 completely alone and subject to change only by constitutional

20 amendment, or would you at least say "Well, we will let all
:.'
21 those special school systems under the pre-existing 22 Constitution be changed by some process other than local 23 constitutional amendment"?

24

Some of them feel strapped with their limitations

25 on public debt and limitations on millage rates, and we felt

PAGE 129 that again without telling them what they ought to have or prescribing that an opportunity should be afforded for changes to be made in that part of their structure which was not virtually impossible.
For instance, we had some people come in and say "Well, we can't even let the people in our county have an opportunity to decide whether they want to increase the school board from five to seven members or elect by districts without having a local constitutional amendment. We're just trapped on the thing we've had since 1877."
That might be their way of expressing their political point of view in their local community, but making a uniform opportunity for all Georgians to make changes in their school system did seem to be desirable, a desirable thing.
Mr. Chairman, I think generally that covers the principal changes and thoughts and philosophies that went into this.
Each of our committees operated separately in developing the separate sections, and then we brought these sections in as they were redrafted or revised and debated them in the full committee, so while I wouldn't say everybody agrees with every single part of this, everyone had an opportunity for input, expressed themselves in a number of meetings, and this is the product of our work.

PAGE 130

GOVERNOR BUSBEE: We have a question from Mr.

2 Carlton Colwell.

3

REPRESENTATIVE COLWELL: David, how did you plan

4 to change -- you're talking about statute laws on the number

5 of board members, local board members? I didn't get

6

MR. GAMBRELL: Well, a referendum in every case,

7 yes, and this is where I hesitate to generalize because there

8 are so many different types of issues, but let's say basically

9 changes which would be made would be made through local

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option as a result of a referendum. GOVERNOR BUSBEE: I think what he'ssaying, we're
going to get into these, Carlton, item by item when we consider them.
I think what he's saying is you take what you have now, and if you want to change it you don't have to have a constitutional amendment even though it's a local constitutional amendment that exists, but you would have to have a

18 referendum by your people if you're going to increase the

19 size of it, et cetera.

20

MR. GAMBRELL: I don't know how this will come out,

21

and I don't know the specific background of the question that

22

you have, but we have recommended generally that changes be

23

operative under some general provision for the whole

24

Constitution for making local option changes rather than

25

saying this type of thing will be changed by this type of

PAGE 131

act, and this type of thing will be changed by another type

2 of act, so it's a very complex system.

3

We would say the same type of local option ought to

4 be available for changes in a school system that are for the

5 county government or for any other local option subject

6 matter in the Constitution.

7

GOVERNOR BUSBEE: All right. Is there any other

8 question on this?

9

If not, we will look forward to David coming back

10 when we go item by item and paragraph by paragraph and

deliberate on it.

I recognize Mr. Harris now for our next report.

MR. HARRIS: Mr. Chairman, the last article

committee to report today was the committee and undertook the

least controversial article in the present document, Article

IX on local governments.

That committee was chaired by former Senator Bob

18 Smalley who when he was in the Senate served as Chairman of

19 the Senate Judiciary Committee, and I'll calIon Bob now to 20 bring the report of that committee.

21

MR. SMALLEY: Governor Busbee, Lt. Governor Miller,

22 Speaker Murphy, Executive Director Harris, other distinguished

23 members of the Select Committee, my former colleagues who are

24 now sitting in judgment on this product:

25

This was not my first effort at constitutional

PAGE 132

revision, and I see many of you who can make the same

2 statement. It is one that I think has the best chance of

3 being a productive effort of any that I have participated in.

4

Our committee spent approximately fifty hours of

5 meeting time with what I may call three or four basic

6 objectives.

7

The first objective was to simplify, to streamline

8 and to modernize the present Article IX.

9

The second objective was to make proposed changes

10 that would make Article IX workable and fair both to our

11

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14 ~ including local constitutional amendments in an effort to find

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18 Chairman, may I say you gave me a tall mountain to climb over

19 in that respect. Our committee consisted of judges of probate

20 court, sheriffs, county clerks, local elected officials both

21 of counties and of cities. In fact, it could be fairly said

22 that with the exception of your Chairman and one or two

23 academic types every member of the committee had a vested

24 interest in keeping it just like it was.

25

I think that the product that has been produced here

PAGE 133

is one that for the most part can meet the standards that we

2 set for ourselves.

3

The principal change that this committee has

4 recommended has to do with the form of local home rule, 5 particularly as it affects counties. The recommendation is 6 to go to basically a statutory form of home rule both for 7 cities and counties, that is to say to make the county home 8 rule provision similar to the present city home rule, and at 9 the same time to leave in the some fourteen specified areas

10 of home rule which you would know familiarly as Amendment 19

powers. Those would be guaranteed to all local governments

with the further provision that the basic home rule format

could be defined by statute by the General Assembly by general

law.

One of the attachments to your committee draft is

proposed statutory language that would accomplish just that

for your counties and for your cities.

18

The members of the committee came to the conclusion

19 that this was far and away the most flexible way to deal with

20 home rule, this was the way that would give the most

21 effective home rule to local governments, while at the same 22 time retaining in, the General Assembly your legitimate rights 23 to oversee it and to modify it as necessary.

24

I may say that without exception both elected

25 municipal officials and city attorneys have praised the

PAGE 134

present system that we have for municipal home rule in this

2 state, and they recommended it without exception for adoption

3 in this Constitution on behalf of counties.

4

There was some opposition initially among some of

5 the county people on our committee, but I think most of that

6 opposition was overcome in the language that we did adopt

7 having to do with the preservation of Amendment 19 powers.

8

The sections having to do with the organization of

9 local governments or for counties have been changed

10 editorially, they have been shortened and in some cases

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.

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With respect to the home rule, let me mention that

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18 that when Amendment 19 was adopted the effect of it was to

19 take completely from the General Assembly any power to say

20 anything about local zoning.

21

In the opinion of your committee this has caused

22 serious problems in a lot of counties and a lot of munici-

23 palities primarily because a lot of the local zoning

24 ordinances and resolutions that have been adopted were not

25 adopted pursuant to a comprehensive plan, and the result has

PAGE 135

been that the courts have struck down any number of them

2 which we think could have been saved had there been some

3 general legislation surrounding them.

4

In addition, by letting the General Assembly have

5 this overview of zoning, it will be possible to curtail any

6 power abuse that may occur in a particular locality.

7

Also there's a specific provision in this document

8 whereby municipalities have the constitutional power of

9 eminent domain which is the same as that afforded counties.

10 That's also made express on the part of other public

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The present Amendment 19 provision with respect to

special districts has been reworked, broadened, and we hope

! 14 clarified in such way that it will now be possible through ~ ~ ~ ~
15 ~ local sponsorship to create local districts and local taxing ~ ~ j
16 ~ districts for the provision of special services in those
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18 Amendment 19 language of the Constitution and without the

19 necessity of coming for a local constitutional amendment.

20

We have retained the present sections with respect

21 to community redevelopment, and have adopted or proposed for

22 your adoption a comprehensive new community redevelopment

23 provision that would permit very innovative financing in this

24 area.

25

Also new, and I think something that would be very

PAGE 136

useful is a provision allowing local government reorganization

2 to be carried out at the local level, and there is provision

3 as you may know from the consolidation in the present

4 Constitution whereby a county and a city could consolidate.

5 However, in our experience that section has simply not been

6 used, it hasn't been workable. This would permit a local

7 government to be consolidated -- it would require a referendum,

8 but it would not require any local consitutional amendment or 9 any further action at the state level.

10

With respect to the provisions on taxation, I think

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the most significant thing that your committee has recommended there is that the taxation function be separated completely from the appropriations function. Those of you who are

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16 ~... fourteen or sixteen specific purposes. We propose to separate c Z <l
17 ::; that in such way that counties shall have the right to tax

18 for any lawful purpose, and then on the other hand in a

19 separate section they will have the right to appropriate for

20 any lawful or governmental purpose so that the two don't get

21 tied together. That in the past has caused a great deal of

22 litigation, and in some cases a great deal of heartache at

23 the county level.

24

We have a new provision in the public finance area.

25 First of all let me say that basically the present limitations

PAGE 137

on county debt have been retained at ten percent; the present

2 method for casual indebtedness has been changed only to the

3 extent that whereas presently it must be repaid by December

4 31st the proposed draft would permit it to go for one year.

5

The belief of many county officials and county

6 attorneys was that the present restriction is simply too

7 limiting and that they need one year for that.

8

In that same connection the present provision that

9 permits an additional three percent over the ten percent by

10 special referendum has been omitted on the idea that with

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~ri! In the field of bonded indebtedness, we have under14 taken to separate more clearly the general obligation debt

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18

The terminology has been changed. In the interest

19 of clarity we we use the term now revenue bonds rather than

20 revenue anticipation certificates or any of the variety of

21 other things that you'll find in the present Constitution and

22 in the law.

23

The revenue bonds are of two kinds, those that

24 require a referendum by the people, and those which are tied

25 specifically to a certain project which do not require a

PAGE 138

separate referendum. Those items are spelled out, and we

2 think that it will result in a much clearer and more easily

3 understood provision.

4

Finally, Mr. Chairman, let me say that our committee

5 has recommended to the Select Committee, although we didn't

6 deal with it in Article IX because that's not the place to

7 deal with it we would propose that as a result of the

8 adoption of this article and the adoption of other articles

9 it is now feasible for the first time perhaps to consider

10 doing away with local constitutional amendments altogether,

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and we have heartily recommended that for your consideration. The procedure that we would recommend would be that
all local constitutional amendments heretofore adopted be retained as local law for a limited period of four years, at which time they would expire unless reenacted by the General Assembly, so it would be possible if you had a local amendment that had not been cured by the general constitution

18 to come back and save those things, but if it were something

19 that was now a useless appendage it would die a natural death.

20

Thank you very much for your attention.

21

I yield to any questions.

22

GOVERNOR BUSBEE: Any questions?

23

The Speaker wanted to ask one question.

24

SPEAKER MURPHY: Mr. Smalley, as I recall the law

25 now, municipalities only have the right to condemn outside

PAGE 139

of their jurisdiction for certain restricted purposes. Isn't

2 that not correct?

3

MR. SMALLEY: I'm sure it would have to be for a

4 municipal purpose, Mr. Speaker.

5

SPEAKER MURPHY: Just certain enumerated purposes.

6

MR. SMALLEY: I don't recall offhand any such pro-

7 vision in the Constitution as such.

8

SPEAKER MURPHY: They don't have any provision to do

9 it now except what's given them by statute.

10

MR. SMALLEY: I think you're right.

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~r~ purpose to go out in the county and condemn.

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GOVERNOR BUSBEE: Any other questions?

17 <~

Mr. Starr.

18

SENATOR STARR: Robert, in fact has there anything

19 regarding annexation been changed in the proposed article?

20

MR. SMALLEY: Municipal annexation?

21

SENATOR STARR: Right.

22

MR. SMALLEY: No, sir.

23

GOVERNOR BUSBEE: Any other questions?

24

REPRESENTATIVE JONES: Is there anything in here to

25 broaden the taxing powers over what municipalities or counties

PAGE 140

have at the present?

2

MR. SMALLEY: There is one section that might be

3 thought to deal with that, but the basic answer is no,

4 except we have recommended that home rule for counties be

5 made statutory, which would then mean that the General Assembly

6 could delegate any form of taxation it wished to them.

7

Now, there is language -- this is not really a

8 direct answer to your question, but it's relevant -- there

9 is language here which we think would readopt the right of

10 local governments to have local option sales tax. That is

IzII
.~;I... 11 Ioll.

expressly set forth in here, but it doesn't form of taxation.
GOVERNOR BUSBEE: All right. Are

create any new there any other

! 14 questions of Mr. Smalley?

I-

OIl

:<rl

15 .:l

If not, thank you, Bob, we appreciate it and look

III

:::>

16 .~.. forward to your presentation on your article paragraph by

c

Z

<l

17 ::; paragraph when we start considering it.

18

Robin.

19

MR. HARRIS: Mr. Chairman, we do have some material

20 we would like to pass out to you that relates to the subject

21 matter of tomorrow morning's meeting, and that is when we will

22 ask you to make a determination of whether we shall or shall

23 not continue to have local constitutional amendments.

24

That will be the only issue in the morning. The

25 meeting is scheduled for nine o'clock. The sooner that

PAGE 141

everyone gets here close to nine the sooner we can begin and

2 the sooner we can complete tomorrow's work and free you up

3 for two weeks to give you time to memorize the books and be

4 ready for the next meeting.

5

GOVERNOR BUSBEE: Has everybody gotten a copy of

6 this? They're handing it out now?

7

Before we get up, while they're handing it out I'll

8 just make an announcement when Mr. Harris gets through.

9

Do we have anything else other than the time of the

10

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11 i=
or:
...o
0..
12 ~

~r~ 14 ~ lV> <l: ::t
15 ~

Io-r:'
~
16 .~.. Q
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17 ~

meeting in the morning? Let me say that we are going to begin deliberations
in the morning, we'll begin on the local constitutional amendments.
I would like to urge you to take the handout that's been given to you back with you to the hotel and for everybody to be here promptly at nine o'clock in the morning .
Several of the members have indicated theY would likE

18 to go on and proceed, start on time, and let's get through

19 with a very important part of this.

20

Mr. Speaker.

21

SPEAKER MURPHY: Would the house members stay just a

22 minute?

23

GOVERNOR BUSBEE: Did you all understand that? The

24 Speaker wanted the house members to stay in for just a minute.

25

LT. GOVERNOR MILLER: Let me say one word to the

PAGE 142

Senate members right now.

2

I thank all of you for being here, and I want to

3 encourage you if you're not already planning to do so to

4 please be here tomorrow because you can see what an important

5 meeting it is.

6

I have already called the other members of this

7 committee who were not present today, they have been called

8 urging them to attend in the morning and telling them how

9 important it is.

10
"z
11 I-
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~rl ~ ~14 lV> -:<zt: 15 .:. "'":::> 16 .~.. Q Z -<t 17 ~

GOVERNOR BUSBEE: Senator Holloway. SENATOR HOLLOWAY: Since there's been a request for division of the house, which side is which going to sit on tomorrow? GOVERNOR BUSBEE: All right. You all are sitting at the back, Senator, and let the -I'm sitting in the middle, that's all that counts right here, so you all do what you want.

18

We h?ve flipped a coin, the Lieutenant Governor is

19 going to select. Do you need to confer, or are you going to

.~ .

..

20 dictate?

21

LT. GOVERNOR MILLER: I'm going to dictate. All the

22 senators sit on this side (indicating) '.

23

GOVERNOR BUSBEE: When you take your seats tomorrow,

24 we're going to put the Senators on this side and the

25 Representatives over here (indicating), and everybody choose

PAGE 143

b

who's not a member from that.

~~.
~':

2

Just the committee members that will be participatin~

3 tomorrow will be within the rail.

4 (Whereupon, at 3:45 p.m. the committee meeting was

5 adjourned. )

6
+++

7

++

+

8

9

"
10

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11 I-
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.~~-~12 ~"

.

14 >-

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15 ...:,l

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16

al
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17 "'"

18

19

20

21

22

23

24

25

INDEX Committee Meetings Held on Constitutional Revision Legislative Overview Committee Meeting Held on June 4, 1981

LEGISLATIVE OVERVIEW COMMITTEE MEETING, 6-4-81
Proceedings and Rules of: Final Article Committee Reports. pp. 4-20
PREAMBLE TO THE CONSTITUTION. pp. 24-25 ARTICLE I: BILL OF RIGHTS Final Committee Report. pp. 21-39
SECTION I: RIGHTS OF PERSONS Paragraph I: Life, liberty, and property. pp. 25-26, 30 Paragraph II: Protection to person and property; equal protection.
p. 26 Paragraph III: Freedom of conscience. p. 31 Paragraph IV: Religious opinions; freedom of religion. p. 31 Paragraph V: Freedom of speech and of the press guaranteed. pp. 35-36 Paragraph VI: Libel. pp. 26- 27, 36 Paragraph VII: Citizens, protection of. p. 36 Paragraph VIII: Arms, right to keep and bear. p. 36 Paragraph IX: Right to assemble and petition. pp. 36-)7 Paragraph X: Bill of attainder; ex post facto laws; and retroactive
laws. p. 37 Paragraph XII: Right to the courts. pp. 37-38 Paragraph XIII: Searches, seizures, and warrants. p. 39 Paragraph XIV: Benefit of counsel; accusation; list of witnesses;
compulsory process. p. 39 Paragraph XV: Habeas corpus. p. 39
ARTICLE II: VOTING AND ELECTIONS Final Committee Report. pp. 44-50

Legislative Overview Committee 6-4-81 Page 2
ARTICLE III: LEGISLATIVE BRANCH Final Committee Report. pp. 52-72
ARTICLES IV: CONSTITUTIONAL BOARDS AND COMMISSIONS, and V: EXECUTIVE BRANCH
Final Committee Report. pp. 74-80 Remarks regarding documentation and other matters. pp. 84-93
ARTICLE VI: JUDICIAL BRANCH Final Committee Report. pp. 94-109
ARTICLE VII: TAXATION AND FINANCE Final Committee Report. pp. 109-115
ARTICLE VIII: EDUCATION Final Committee Report. pp. 121-131
ARTICLE IX: COUNTIES AND MUNICIPAL CORPORATIONS Final Committee Report. pp. 131-140
ARTICLE X: AMENDMENTS TO THE CONSTITUTION Committee Report. pp. 115-120

1
MATERIALS CONSIDERED AT MEETING OF LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION
AND SELECT COMMITTEE ON CONSTITUTIONAL REVISION HELD ON JUNE 4, 1981

MEETING OF LEGISLATIVE OVERVIEW COMMITTEE AND SELECT COMMITTEE
RQCM 341 STATE CAPITOL THURSDAY, JUNE 4, 1981, 9:00 a. m.
AGENDA

9:00 a.m.
9:15 a.m. 10:00 a.m. 10:30 a.m. 11:15
12:00 noon 1:30 p.m. 2:15 p.m. 3:00 p.m. 3:45 p.m. 4:30 p.m. 5:00 p.m.

Call to order

Gov. George Busbee, Chairman Select Committee on Constitutional Revision

Distribution and explanation of materials; rules of procedure; future committee meetings; and other matters.

Mr. J. Robin Harris, Executive Director, Select Committee on
Constitutional Revision

Final Report of the Committee to Revise Article I (Bill of Rights)

The Honorable Albert W. Thompson, Chairman

Final Report of the Committee to

The Honorable Arthur K. Bolton,

Revise Article II (Elective Franchise) Chairman

Final Report of the Committee to

The Honorable Harold G. Clarke.

Revise Article III (Legislative Branch) Chairman

Final Report of the Committee to Revise Articles IV (Constitutional Boards and Commissions) and V (Executive Branch)

The Honorable A. H. (Billy)
Sterne, for the Honorable Sidney O. Smith, Jr., Chairman

Luncheon recess

Final Report of the Committee to Revise Article VI (Judiciary)

The Honorable Wayne Snow, Jr. Chairman

Final Report of the Committee to Revise Article VII (Taxation)

The Honorable Randolph W. Thrower. Chairman

Final Report of the Committee to Revise Article VIII (Education)

The Honorable David H. Gambrell. Chairman

Final Report of the Committee to Revise Article IX (Counties and Municipal Corporations)

The Honorable Robert H. Smalley. Jr., Chairman

Final Report of the Committee to Revise Article X (Retirement Systems and Educational Scholarships)

The Honorable Al Holloway. Chairman

Adjournment

:~

~MMITTEE MEMBERS:
e:ORGE BUSBEE ,GOVERNOR CHAIRMAN
;LL MILLER ,'LIEUTENANT GOVERNOR
':~OMAS B. MURPHY ',:~PEAKER. HOUSE OF REPRESENTATIVES
,,:>BERT H. JORDAN ,X:HIEF JUSTICE. SUPREME COURT
KELLEY QUILWAN CHIEF JUDGE. COURT OF APPEALS
ITHUR K. BOLTON "'TTORNEY GENERAL
,'RCUS B. CALHOUN SENIOR JUOGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATLANTA. GEORGIA 30334
404/6S671SB

COMMITTEES MEMBERS:
AL HOLLOWAY SENATE PRESIDENT PRO TEMPORE
JACK CONNELL SPEAKER PRO TEMPORE
ROY E. BARNES CHAIRMAN. SENATE JUDICIARY COMMITTEE
WAYNE SNOW. JR. CHAIRMAN. HOUSE JUDICIARY COMMITTEE
FRANK H. EDWARDS SPECIAL COUNSEL
J. ROBIN HARRIS EXECUTIVE DIRECTOR
MELVIN B. HIl.L JR. ASSISTANT EXECUTIVE DIRECTOR

LEGISLATIVE 'OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION

lOUSE OF REPRESENTATIVES
furphy, Thomas B., Chairman ;onnell, Jack, Vice Chairman }ee, William J., Secretary
~dams, G. D. lray, Claude A., Jr. ';uck, Thomas B. III \urruss, A. L. :oleman, Terry L.
:011ins , Marcus E.
:olwell, Carlton H. caugherty, J. C. ent, R. A. ,ixon, Harry dwards, Ward aler, Mary Jane reer, John W. essup, Ben ohnson, Rudolph ones, Herbert, Jr. ilford, Billy ~llinax, Edwin G. .:bters, Robert G. ~illips, L. L. tnkston, Frank C. dney, Howard H. :~aves, Henry L. )SS, Ben Barron lOW, Wayne, Jr. ~iplett, Tom ire, J. Crawford lod, Joe T.

SENATE
Barnes, Roy E., Chairman Wessels, Charles, Vice Chairman Holloway, Al, Secretary
Allgood, Thomas F. Ballard, W. D. (Don) Bell, Robert H. Bond, Julian Broun, Paul C. Brown, M. Parks Coverdell, Paul D. Deal, Nathan Dean, Nathan Eldridge, Frank, Jr. Evans, Todd Fincher, W. W. (Bill), Jr. Foster, John C. Gillis, Hugh M. Greene, Richard L. Hill, Render Howard, Pierre Kennedy, Joseph E Kidd, Culver Lester, Jimmy Littlefield, Bill McGill, Sam P. Reynolds, Steve Starr, Terrell Stumbaugh, Lawrence (Bud) Tate, Horace E. Thompson, Joe Timmons, Jimmy Hodge

RULES OF PROCEDURE FOR LEGISLATIVE OVERVIEW COMMITTEE AND SELECT COMMITTEE IN REVIEWING PROPOSED REVISIONS OF THE CONSTITUTION
1. The Governor or his designee shall preside at all meetings.
2. All meetings shall be held in the House Appropriations Committee Room at the State C4pitol (Room 341) and shall begin promptly at 9:00 a.m., unless otherwise specified by the Speaker and the Lieutenant Governor.
3. Unless specifically permitted by the Governor, the Speaker, or the Lieutenant Governor, only members of the Legislative Overview Committee, members of the Select Committee, their official designees, and staff shall participate in official discussion during meetings of the Committees. When appropriately recognized, any person testifying at a meeting of the Committees shall speak for a period of time not to exceed five minutes. This period of time may be extended by the presiding officer.
4. No member of the Legislative Overview Committee and no member of the Select Committee sha~l vote by proxy.
s. All meetings of the Committees shall be open to the public, and shall be
recorded and transcribed.
6. Review of the proposed revision of the Constitution shall proceed paragraph by paragraph from the final recommendations of the original article committees. Approval of any proposed paragraph and of any amendments from the floor shall require majority approval of the members of the House and Senate delegations voting separately. Final disagreements between the House and Senate on any paragraph shall be noted by the staff and set aside for resolution by a conference committee composed of three members of the House delegation appointed by the Speaker and three members of the Senate delegation appointed by the Lieutenant Governor. Separate conference committees shall be appointed for each article, unless otherwise specified by the Speaker and the Lieutenant Governor. The conference committees shall report back to the full committee as soon as possible after all disagreements between the House and Senate as to each article have been resolved. Conference committee reports may not be amended from the floor.
7. The final proposed Constitution of 1982 agreed to by the Legislative Overview Committee and the Select Committee shall be introduced in the House and Senate on the first day of the special session. The resolution first approved by two-thirds of the members of either House shall become the resolution to be acted upon in reaching agreement on the proposed Constitution of 1982.

:,~

COMMITTEE MEMBERS:
GEORGE BUSBEE
~; g~X~R":fNR
:~ ZEL.L. MIL.L.ER
~ L.IEUTENANT GOVERNOR THOMAS B. MURPHY SPEAKER. HOUSE OF REPRESENTATIVES
ROBERT H. JORDAN , (i;I'lIEF.JUSTI~E. SUPREME COURT
-.J. KE:LL.EY QUI~L.IAN CHIEF JUDGE. COURT OF APPEAI_'>
AR:rH\JI'i K ..BOL.TON ; . ATTO~NE!Y GENERAL
..MARCUS B. CA\-HOUN SE;NIO,R JUDGE, SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATL.ANTA. GEORGIA 30334
404/656-7158

COMMITTEES MEMBERS:
AL. HOL.L.OWAY SENATE PRESIDENT PRO TEMPORE
JACK CONNEL.L. SPEAKER PRO TEMPORE
ROY E. BARNES CHAIRMAN. SENATE JUDICIARY COMMITTEE
WAYNE SNOW. JR. CHAIRMAN. HOUSE JUDICIARY COMMITTEE
._FRANK H. EDWARDS SPECIAL. COUNSEL.
J. ROBIN HARRIS EXECUTIVE DIRECTOR
MEL.VIN B. HIL.L.. JR. ASSISTANT EXECUTIVE DIRECTOR

COMMITTEE MEMBERS OF ARTICLE COMMITTEES ESTABLISHED TO WORK ON CONSTITUTIONAL REVISION

COMMITTEE TO REVISE ARTICLE I, BILL OF RIGHTS

Albert W. ThOmpson, Chairman
Judge William S. Alexander . Hillian D. Barker Ms. Mildred B. Bell Senator Robert H. Bell Senator Julian Bond F. H. Boney Justice Jesse G. Bowles Representative Betty J. Clark Judge Robert L. Culpepper Mrs. Myrtle Davis John Griffin Gene Guerrero Cheatham E. Hodges, Jr. Senator Pierre HOWard Representative Sidney J. Marcus Ms~' Lucy McGough Mrs. Vita R. Ostrander Albert: M. Pearson Judge Romae T. Powell Representative John Savage Hoyt-H. Welchel,J-r..

I~ . l,

~ I;' ~

:. (

, COMMITTEE TO REVISE .~~ICLE II, ElECTIVE FRANCHISE

Arthur( K. Bolton, Chairman
Robert Campbell Senator Paul D. Coverdell Mrs. Myrtle Davis Mr:s.- Frances' Duncan Ben W',Fortson. Jr. J. William Gibson Skip Haley Representative Grace Hamilto'n:' Gil Harbin Senator Pierre Howard Herbert Mabry

Glenn W. Ellard Senator Al Holloway Representative Robert A. Holmes Representative Herbert Jones, Jr. Representative E. Roy Lambert Hamilton McWhorter, Jr. Lt. Governor Zell Miller Speaker Thomas B. Murphy Dr. George Parthemos Dr. Charles B. Pyles Ms. Barbara Rystrom Timothy J. Sweeney Senator Loyce Turner Senator James W. Tysinger Robert H. Walling
COMMITTEE TO REVISE ARTICLE "IV, CONSTITUTIONAL BOARDS AND COMMISSIONS AND ARTICLE V, EXECUTIVE BRANCH
Judge Sidney O. Smith, Jr., Chairman
Ms. Berta G. Adams Representative Thomas B. Buck, III Nickolas P. Chilivis Ms. Delores Crockett Kenneth English Judge Emory Findley David C. Garrett, Jr. Dr. Frank K. Gibson Senator Hugh M. Gillis, Sr. Charles L. Gowen Thomas J. Harrold, Jr. Justice Harold N. Hill, Jr. Mrs. Doris D. Holmes Senator Janice Horton Edwin Jackson Senator Joseph E. Kennedy Sidney B. Shepherd Edward D. Smith Dean A. H. Sterne Representative Lottie Watkins Dr. Melvyn Williams J. Henry Wisebram Representative Joe T. Wood

ARTICLE COMMITTEES MEMBERS Page 3

COMMITTEE TO REVISE ARTICLE VI, JUDICIARY

Representative Wayne Snow, Jr., Chairman

Dean Ralph Beaird

Judge Dorothy T. Beasley

Judge Braswell D. Deen, Jr.

Harry Bexley

Bobby Branch

Lanny B. Bridgers

Judge Berry Brock, Jr.

Judge Marcus B. Calhoun

Dean John Cole

Judge Burt Crane, Jr.

,

Ovid Davis

Joseph J. Drolet

Adam Greene

Mayor ~ndolph Medlock

James D. Miller

Justice Hiram K. Undercofler

Senator Howard Overby

Dean L. Ray Patterson

Lewis Slaton

Robert S. Stubbs II

Representative Albert Thompson

Mrs. Lucy Williams

Mrs. Carol Wilson

Judge Floyd E. Propst

COMMITTEE TO REVISE ARTICLE VII, TAXATION AND STATE DEBT
Randolph W. Thrower, Chairman
W. J. Barton Professor Larry Blount Representative Don Castleberry Representative Marcus E. Collins, Sr. Charles L. Davis James R. Davis I. Owen Funderburg Representative Charles Hatcher Senator Al Holloway Mrs. Constance A. Hunter Kermit Keenum Senator Jimmy Lester James F. Martin AbU Massey Dr. Charles McDaniel Robert L. Nash William M. Nixon Dr. George L. O'Kelley, Jr. Charles B. Presley Henry D. Robinson W. E. Strickland

--- ..- ..- ------0-
Representative Arthur M. Gignilliat Ms. Miriam Graham John M. Graham III Joseph Greene Dr. Charles H. Green Mrs. Anne T. Hager E. Freeman Leverett Dr~ Charles W. Merideth Odell Owens, Jr. Dr. William L. Pressly Representative Ben B. Ross Representative Calvin Smyre Senator Terrell A. Starr Donald Thornhill Tom Vann Mrs. LeAnna Walton
COMMITTEE TO REVISE ARTICLE IX, COUNTIES AND MUNICIPAL CO~ORATlONS
Robert H. Smalley, Jr., Chairman
Representative G. D. Adams Senator Roy E. Barnes Mayor David T. Barrow Robert M. Brinson James V. Burgess, Jr. Representative Jack Connell Senator Paul D. Coverdell Hal A. Davis Representative Warren E. Evans Merrill Greathouse Representative Grace T. Hamilton Ray Jackson Charles Knowles Mayor Robert Knox A. J. McClung Mrs. Elinor Metzger Joe B. Mundy Professor Roger Rupnow Ed S. Sell, Jr. Professor Perry Sentell, Jr. Judge Calvin M. Simpson Senator Jimmy Hodge Timmons J. Devereux Weeks Senator Charles H. Wessels

COMMITTEE MEMBERS:

COMMITTEES MEMBERS;

GEORGE BUSBEE

AL HO'-LOWAY

GOVERNOR

SENATE PRl:SIDENT PRO TEMPORE

CHAIRMAN

JACK CONNELL.

lELL MILLER

SPEAKER PRO TEMPORE

UEUTENANT GOVERNOR

ROY E. BARNES

THOMAS B. MURPHY

CHAIRMAN. SENATE JUDICIARY COMMITTEE

SPEAKER. HOUSE OF REPRESENTATIVES

WAYNE SNOW. JR.

:~

ROBERT' H. JORDAN . .' I JJtrEFi,JUST1t.':E. SUPREME COURT

-.I. KtJ,;,L.EY QUI ...LIAN

CHIE'" JUDGE. COURT OF APPEAL";

SELECT COMMITTEE ON

CHAIRMAN. HOUSE JUDICIARY COMMITTEE
__FRANK H. EDWARDS SPECIAL COUNSEL

- AR:nilJR K.. BOLTON ~ . ATrOHNE-lV GENERAL

CONSTITUTIONAL REVISION

J. ROBIN HARRIS EXECUTIVE DIRECTOR

MARCUS B. CAI,.....OU:-.l . SE;NIQR JUDGE~SUPERIORCOURTS

ROOM 23H

MELVIN B. HILL JR. ASSISTANT EXECUTIVE DIRECTOR

47 TRINITY AVENUE

ATLANTA. GEORGIA 30334

404/656-7158

COOfITTEE MEMBERS OF ARTICLE COMMITTEES ESTABLISHED TO WORK ON CONSTITUTIONAL REVISION
COMMITTEE TO REVISE ARTICLE I. BILL OF RIGHTS
Albert W. Thompson. Chairman
Judge William S. Alexander ,!lillian D. Barker Ms. Mildred B. Bell Senator Robert H. Bell Senator Julian Bond F. H. Boney Justice Jesse G. Bowles Representative Betty J. Clark Judge Robert L. Culpepper Mrs. Myrtle Davis John Griffin Gene Guerrero Cheatham E. Hodges, Jr. Senator Pierre How~rd Representative Sidney J. Marcus Ms; Lucy McGough Mrs. Vita R. Ostrander Albe;ri:" M. '. Pearson Judge Romae T. Powell Representative John SJ~age Hoyt 'H. Welchel. Jr..

Arthur' K. Bolton. Chairman
Robert Campbell Senator Paul D. r~ver~ell Mrs. Myrtle Davi~ Mr:s. 'Fran'tea' Duncan Ben W. Fortson, Jr. J. William Gibson Skip Haley Representative Grace Hamilton Gil Harbin Senator Pierre Howard Herbert Mabry Richard Moore Representative Eleanor L. Richardson Jay Ricketts Judge William K. Stanley, Jr.

ARTICLE COMMITTEES MEMBERS Page 2
COMMITTEE TO REVISE ARTICLE III. LEGISLATIVE BRANCH
Justice Harold G. Clarke, Chairman
Mrs. Florence Brent Senator M. Parks Brown Judge Frank S. Cheatham, Jr. Dale Clark Representative J. C. Daugherty, Sr. Glenn W. Ellard Senator Al Holloway Representative Robert A. Holmes Representative Herbert Jones, Jr. Representative E. Roy Lambert Hamilton McWhorter, 1r. Lt. Go~ernor Zell Miller Speaker Thomas B. Murphy Dr. George Parthemos Dr. Charles B. Pyles Ms. Barbara Rystrom Timothy J. Sweeney Senator Loyce Turn~r Senator James W. Tysinger Robert H. Walling
COMMITTEE TO REVISE ARTICLE IV , CONSTITUTIONAL BOARDS AND COMMISSIONS AND ARTICLE V, EXECUTIVE B.RANCH
Judge Sidney O. Smith, Jr., Chairman
Ms. Berta G. Adams Representative Thomas B. Buck, III Nickolas P.Chilivis Ms. Delores Crockett Kenneth English Judge Emory Findley David C. Garrett, Jr. Dr. Frank K. Gibson Senator Hugh M. Gillis, Sr. Charles L. Gowen Thomas J. Harrold, Jr. Justice Harold N. Hill, Jr. Mrs. Doris D. Holmes Senator Janice Horton Edwin Jackson Senator Joseph E. Kennedy Sidney B. Shepherd Edward D. Smith Dean A. H. Sterne Representative Lottie Watkins Dr. Melvyn Williams J. Henry Wisebram Representative Joe T. Wood

ARTICLE: OOMMITTE:E:S ME:MBE:RS Page 3
COMMITTEE: TO RE:VISE: ARTICLE: VI, JUDICIARY
Representative Wayne Snow, Jr., Chairman
Dean Ralph Beaird Judge Dorothy T. Beasley Judge Braswell D. Deen, Jr. Harry Bexley Bobby Branch Lanny B. Bridgers Judge Berry Brock, Jr. Judge Marcus B. Calhoun Dean John Cole Judge Burt Crane, Jr. Ovid Davis Joseph J. Drolet Adam Greene Mayor ~ndolph Medlock James D. Miller Justice Hiram K. Undercofler Senator Howard Overby Dean L. Ray Patterson Lewis Slaton Robert S. Stubbs II Representative Albert Thompson Mrs. Lucy Williams Mrs. Carol Wilson Judge Floyd E:. Propst
COMMITTE:E: TO RE:VISE: ARTICLE VII, TAXATION AND STATE: DE:BT
Randolph W. Thrower, Chairman
W. J. Barton Professor Larry Blount Representative Don Castleberry Representative Marcus E:' Collins, Sr. Charles L. Davis James R. Davis I. Owen Funderburg Representative Charles Hatcher Senator Al Holloway Mrs. Constance A. Hunter Kermit Keenum Senator Jimmy Lester James F. Martin Abit Massey Dr. Charles McDaniel Robert L. Nash William M. Nixon Dr. George L. O'Kelley, Jr. Charles B. Presley Henry D. Robinson W. E. Strickland Lyndon Wade Ms. Clara West Representative George Williamson

.\RTICLE COMMITTEES MEMBERS Page 4
COMMITTEE TO REVISE ARTICLE VIII, EDUCATION
David H. Gambrell, Chairman
Senator Haskew Brantley F. Sibley Bryan, Jr. Senator Hugh Carter Ms. Delores Cook Dr. Alonzo Grim Dr. J. E. DeVaugh Erwin A. Friedman Dr. H. M. Fulbright Representative Arthur M. Gignilliat Ms. Miriam Graham John M. Graham III Joseph Greene Dr. Charles H. Green Mrs. Anne T. Hager E. Freeman Leverett Dr. Charles W. Merideth Odell Owens, Jr. Dr. William L. Pressly Representative Ben B. Ross Representative calvin Smyre Senator Terrell A. Starr Donald Thornhill Tom Vann Mrs. LeAnna Walton
COMMITTEE TO REVISE ARTICLE IX, COUNTIES AND MqNICIPAL CORPORATIONS
Robert H. Smalley, Jr., Chairman
Representative G. D. Adama Senator Roy E. Barnes Mayor David T. Barrow Robert M. Brinson James V. Burgess, Jr. Representative Jack Connell Senator Paul D. Coverdell Hal A. Davis Representative Warren E. Evans Merrill Greathouse Representative Grace T. Hamilton Ray Jackson Charles Knowles Mayor Robert Knox A. J. McClung Mrs. Elinor Metzger Joe B. Mundy Professor Roger Rupnow Ed S. Sell, Jr. Professor Perry Sentell, Jr. Judge Calvin M. Simpson Senator Jimmy Hodge Timmons J. Devereux Weeks Senator Charles H. Wessels

ARTICLE COMMITTEES MEMBERS Page 5
COMMITTEE TO REVISE ARTICLE X, RETIREMENT SYSTEMS & EDUCATIONAL SCHOLARSHIPS
Senator Al Holloway, Chairman
Robert E. Blair John M. Bragg Paul Brown Representative Thomas B. Buck III Lee Burge Claude Carruth Mrs. Dorris Holmes Judge Elmo Holt Grady Huddleston William N. Jenkins Nat R. Johnson Carroll P. Jones Shealy E. McCoy Dr. Charles McDaniel John S. Prickett, Jr. W. E. Strickland Senator E. G. Summers

FINAL DRAFT

9

2

CoMMITI.EE To REVISE ARTICLE

10

3

December 5, 1979

II

4

CONSTITUTION

13

5

OF THE

14

6

STA TE OF CEORGIA

J5

7

PREAMBLE

17

8

To perpetuate the principles of free government, 21

9 insure justice to all ,. preserve peace, promote the interest 22

10 and happiness of the citizen and of the family, and transmit 23

J J to posterity the enjoyment of liberty, we the oeoole of 24

12 Georgia, relying upon the protection and guidance of

13 Almighty God, do' ordain and establish this Constitution.

25

14

ARTICLE I.

28

15

BILL OF RIGHTS

29

16

SECTION I.

30

17

RIGHTS OF PERSONS

31

18

Paragraph I. Dye process! eqyal protectiqn. No 34

19 person sh.all be depri ved of 11 te , 11 be rty, or prope rty 35

20 without due process of law; nor be denied the equal 36

21 protection of the laws; nor be denied the enjoyment of civil

22 rights or discriminated against in the exercise thereof 37

23 because of race, sex, national origin, religion, or 38

24 ancestry.

25

Paragraph II. ~edom Qf cQnscience. Each person 40

26 has the natural and inalienable right tQ worship God, each 41

27

a~cQrding to the dictates of that person's own consci~nce' 42

28 and no human authority should, in any case, control or 43

29 interfere with such right of conscience.

30

Paragraph I I I Religiqus Qpinions, freedQm pf 45

31 religion. No inhabitant of this State shall be mQlested In 46

32 person or prQperty or be prohibited from holding any public 47

- I-

office or trust on aecount of religious opinions; but the 48

2 ri~ht of treedom of religion shall not be so construed as to

3 excuse acts of licentiousness or Justity oracticj~ 49

4 inconsistent with the peace and safety ot the State.

50

5

Paragraph IV. Freedom ot speech and ot the press 52

6 guannte~. No law shall be passed to curtail or restrain 53

7 the freedom t;lt speech or of the . press. Every person may 54

8 speak, write, and pUblish sentiments on all subjects but 55

9 shall be responsible for the abuse of that liberty.

10

Paragraph V. Llbal. In all civil or criminal 57

J 1 setions for libel, the truth may be gdven in eVidence; and, S8

12 if it shall appear to the trier of fact that the matter 59

13 charged as libelous is true, the party shall be discharged. 60

14

Paragraph VI. Citizen3. protection Qt. All 62

15 citizens of the United States, resident in this St~te, are 63

16 hereby declared citizens of this State' and it shall be the 64

17 duty of the aeneral Assembly to enact such laws as will 65

18 protect them in the _full enjoyment of the rights,

19 p.rivlleges, and immunities due to such cit1zenship.

66

20

Peragreph VII. Arm3. "riobt tp keep oed bUr. The 6S

21 right of the people to keep and bear arms shall not be 69

22 infringed, bUt the aeneral Assembly s~ll have power to 70

23 prescribe the manner in which arms may be borne.

24

Paragraph VIII. Right tg assemble and petitign. 72

25 The people heve the right to assemble peaceably tor their 73

26 common good and to apply by petition or remonstrance to 74

27 those yes ted with the powers ot government tor redre.'ls of

28 grievances.

29

Paragr~ph IX. Bill Of attainder! ex post ~ 76

30 laws! and tltrgactiy, l~. No bill ot attainder, ex post 77

31 facto law, retroactive law, or laws impairing the obligation 78

32 ot contract or making irrevocable grant ot

79

33 priVileges or immunities shall be passed.

34

Paragraph X. Right to the cgyrts. No person shall 3J

35 be deprived ot the right to prosecute or defend, either in 82

- 2-

person or by an attorney, that person's own cause in any of 83

2 the courts of this State.

3

Paragraph XI. Surches. seiZ!Jres. and warrants. 85

4 The right of the people to be secure in their persons, 86

5 houses, papers, and etfects against unraasonable searches 87

6 and se.izures sha 11 not be violated; and no warrant sha 11 88

7 issue except upon probable cause supported by ~ath or

8 affirmation particularly descri~ing the place or places to 89

9 be searched and the persons or things to. be sei zed.

90

10

Paragraph XII. Benefit of counsell accusatiQnl 92

J I list ot witnessesl compulsory process! trial by Jury. Every 93

12 person charged with an o~fense against the laws of this 94

13 State shall have the privilege and benef~t of counsel; shall 95

14 be furnished with a copy of the accusation and, on demand,

15 with a list of the wi tne sses on whose testimony such charge 96

16 is founded; shall have compulsory process to obtain the 97

17 testimony of that person's own witnesses; shall be 98

18 contronted with the witne.sses testifying against such

19 person; and shall have a public and speedy trial by an 99

20

imparti~l Jury.

21

Paragraph XIII. HabeaS comus. The writ of habeas 101

22 corpus shall not be suspended unless, in case of rebellion 102

23 or invasion, the public safety may require it.

24

Paragraph XIV. salf-incrimination. No person 104

25 shall be compelled to give testimony tending in any manner 105

26 to be self-inCriminating.

27

Paragraph XV. ~ fines! pynishment; "rrost. 107

28 abyse of prisoners. Excessive bail shall not be required, 108

29 nor excess.ive fi.nes imposed, nor crue 1 and unusual 109

30 punishments inflicted; nor shall any person be abused in

31 being arrested, while under arrest, or in prison.

J 10

32

Paragraph XVI. JeooardYof life or liberty !Do"e 112

33 than ooce forbidden. No person shall be put in Jeopardy of 113

34 lite or liberty more than once tor the same offense except 114

35 when a new trial has been granted atter conviction or in 115 36 case ot mistrial.

- 3-

Paragraph XVII. TreUQn. Treason aga'inst the 117

2 State of Geor918 shall cons1.st of insurrection against the J 18

3 State, adherin; to the State~s enemies, or 9iving them aid 119

4 and comfort. ~o person shall be convicted of treason except 120

5 on the testimony of two witnesses to the same overt act or

6 confession In open court.

121

7

Paragraph XVI II. CgnyictiQn. ethct..J:U... No 123

8 convict.ion shall work corruption of blood or fortlliture of 124

9 estate.

10

Paragraph XIX. Banishment and whipping ~ , 126

J I pyni$hment tor crime. Neither banishment beyond the limits 127

12 of the.State nor whipp.ing shall be allowed as a punishment 128

13 for crime.

14

Paragraph .XX. rnYal votary :servitude. There shall 130

J 5 be no inVoluntary serVitude within the State of Georgia 131

16 except as a punishment tor c.rime atter legal conviction 132

17 thereot or tor contempt of court.

18

Paragraph .XXI. Impri,gnment tot-debt. There shall 134

19 be no imprisonment for debt.

20

Paragraph XXII. ~. No person shall be 136

21 compelled to pay costs in any criminal case except after 137

22 conviction on final trial.

23

Paragraph XXIII. Staty, Qf the citizen. The 139

24 social status of a citizen shall never be the subject of J 40

25 legislation.

26

Paragraph XXIV. ExemptiQns trom levy aod ,ale. 14;2

27 The General Assembly shall protect by law trom levy and sale 141

28 by virtue of any process under the laws of this State a 144

29 portion of the property of each person in an amount ot not 145

30 less than $1,600.00 and shall have authority to define to

31 whom any such additional ex~mptions shall be allowed; to 146

32 specify the amount of such exemptions; to provide for the 147

33 manner of exempting such property and for the sale, 149

34 alienation, and encumbrance thereof; and to provide for the

35 waiver of said exemptions by the debtor.

149

- 4-

Paragraph XXV. Spou~e's separate estate. The 151

2 separate property of each spouse shall remain the separate 152

~

3 property of that spouse except as otherwise prOVided by 153

'5~

~ il

:~,~j

4 statute.

5

Paragraph XXVI. EnumeratIon of rIghts not denIal 155

6 of others. The enumeration of rights herein contained as a 156

7 part of this Constitution shall not be construed to deny to 157

8 the people any inherent rights which they may have 'hitherto 158

9 enjoyed.

10

SECTION II

161

.11

ORIGIN AND STRUCTURE of QJVERNMENT

162

12

Paragraph I. OrIgin aod foundatIon ot gOvernment. 165

13 AU gove.rnment, of right, originates with the people, is 166

14 founded upon their will only, and is instituted solely for 167

15 the good of the whole. PUblic officers are the trustees and 168

16 servants of the people and are at all times amenable to

17 them.

18

Paragraph II. qb 1ect gf ggvernment. The people of 170

19 this State have the inherent right of regulating their 17J

20 i nterna 1 gove,rnme nt. Government is instituted for the 172

21 protection, security, and benefit of the people; and at all 173

22 times they have the right to alter or reform the same

23 whenever the public good may require it.

174

24

Paragraph I II. ~aratlon -2!-- legislative. 176

25 Judicial. and exeCutIve powers. The legislative, Judicial, 177

26 and executive powers shall forever remain separate anrl 178

27 distinct; and no person discharging the duties of one shall

28 at the same time exercise the functions of either of the 179

29 others except as herein prOVided.

30

Paragraph IV. Contempts. The power of the courts 181

31 to punish tor contempt shall be limited by legislative ~cts. 182

32

Paragraph V. What acts voId. Legislative acts in 184

33 Violation of this Constitution or the Constitution of the 185

34 United States are Void, and the Judiciary shall so declare 186

35 them.

- 5-

Paragraph VI. Syperiority Qf ciY~l utbgrity. The 188

2 civil authority shall be superior to the military.

189

3

Paragraph VII. SeparatiQn of chyrch and State. No 191

4 money shall ever be taken from the public treasury, di rectly 192

5 or indirectly, in aid of any church, sect, cult, or 193

6 religious denomination or of any sectarian institution; nor 194

1 shall any public property ever be appropriated for any such

8 purpose.

9

SECTION III.

191

10

GENERAL PR<>VISIONS

198

II

Paragraph I. fminent dQmain. (a) Private 201

12 property shall not be taken or damaged for public purposes 202

13 Without Just and adequate compensation being paid in the 203

\-j

14 manner and at the time provided by law. The General

15 Assembly shall provide by law for the payment by the 204

16 condemnor of reasonable expenses incurred by the condemnae 205

11 1n determining Just and adequate compensation.

18

(b) The General Assembly shall by law require the 207

19 condemnor to make prepayment against adequate comcensation 208

20 as a condition precedent to the exeriss of the right of 209

21 eminent domain and shall provide for the disbursement of the

22 same to the end that the rights and equities of the property 210

23 owner, lien holders, and the State and its subdi visions may 2.1 J

24 be protected.

25

(c) NotWithstanding any other provision of the 213

26 Constitution, the General Assembly may provide by law for 214

21 relocation. assistance and payments to persons displaced 215

.;'\

28 through the exercise of the power of eminent domain.

29

Paragraph II. priyat, ways. In case of necessity, 217

30 private ways may be granted upon Just compensation being 218

31 first paid by the applicant.

32

Paragraph 1II Tidewater titles confirmed. r.,e

33 Act of the General Assembly approved December 16, 1902, 221

34 which extends the t1 tIe of ownership ot lands abutting on 222

- 6-

tIdal water to low water mark, Is hereby ratIfIed and 222 cont.1rmed.

SEcn ON I V

225

RECALL

226

Paragraph I. Recall of pUblic officials holdi~ 229 elective Q~. The General Assembly Is hereby authorIzed 230 to provIde by general law tor the recall ot publIc officials 231 who hold electiveottlce. The procedures, grounds, and all 232 other matters relatIve to such recall shall be provided for 233 In such law. On the date any such law becomes effectIve, all local laws relatIve to recall shall stand repealed and 234 no local law relatIve to recall shall be enacted atter such 235 date.

- 7-

\

;!

~1i ~i~

i

2

~,

3

4

FINAL DRAFT

SELECT COMMITTEE ON CONSTITUTIC'!'AL ~.EVISI01~

JANUARY 9. 1980

- ----

. ARTI CLE II.

8

VOTING AND ELECTIONS

9

SECTION 1.

10

METHOD OF VoTING; .RI.GHT To REGISTER AND VOTE

J1

5

Paragraph I. ~~YQt1o? Elections by the 15

6 people shall be by secret ballot and shall be conducted in 16

7 accordance with procedures ~rovided by law.

17

8

Paragraph II. Right to register arid vote. Every 18

9 person who Is a citizen of. the: United States and a .resident 19

10 of Geor91a as defined by law, who is at least IS years of 20

, JI
--i
12

a98 and not disenfranchised by this article, and who meets 21 minimum residency requirements as provided by law shall be

13 entitled to regIster and, belng registered In the manner 22
:J~

14 provided by law, to vote at :any election by the people.

24

15

Paragraph III. ExceotiQns to right to reQist~r #nar 25

J6 l.Q.k. No person may register, remain reg.istered, o.r vote. 26

J7 who has,," been convic.ted ot a felony involving moral 21
- 18 turpitude, except upon completlon of the sentence, or who 28
19 has been ... JudiCially determined to be mentally incompetent,

20 unless the disability has been removed.

30

SECTION 11.

32

.22

.GENERAL PRoVISIoNS

-33

23

Paragraph I. Procedures to be provlded'by l~. A 36

24 method of appeal from the decision to alloW or refuse to 31

25 allow any person to register or vote and provision for 38

26 returns of all elections by the people to be made to the 39

21 Secretary of State .shall be provided by law.

40

28

Paragraph II.

n ..",8"..1J......-_.0...(.t.l..--_1''"-10..;/>...,.c",t:..1.Qa..

A run-oft 4/

29 election shall be a continuation of the general election and 42

only persons who ''''ere entitled to vote in the general 43

election shall be entitled to vote thereinr and only those

32 votes cast for the two persons designated shall be counted 44

-33 in the tabulation and canvass of the votes cast.

46

'- I -

Paragraph I II. Persons not el1Qjbl~ ~p ...b4l.d 41
off i ce. No person who is not a registered voter or who h~ 48

3

b~en convicted of a felony involving moral turpi~\Jd', \Jn~n~ ~~

... that person's civil rights have been restored, or who is the 50

5 holder ot public funds Illegally shall be eligible to hold

6 any ofUce or appointment ot honor or trust in this state~ 51

7 Add1 tional conditIons of el1g1b1l1 ty to hold otUce tpr 52

8 . persons elected on a wri te-in vote and for .persOnS nol<;11n9 53

9 ott ices or appointments at bonor or trust other than elected 54

10 oftices created by this Canst! tut!on may be provided by law.

JI
f
!

Paragraph IV. Reca 11 of oUbl fc ott$cla"lS hOldlo';}
.electIye o.tt1c e The General Assembly is hereby authorized

13 to provide by general law tor the recall at public offIcials 58

14- who hold elective ~ttice. The procedures, gro~nds, and all 59

15 other matters relative to sue!) recall sba'U be provided tor 60

16 in such law. On xne date any such law becomes etfective,

17 all local laws relative to recall shall stand repealed and ~J

18 no local law relative to recall shall be enacted after such 62

19 date

..:~,

- 2-

_.

._.. _._~

........;.:.,.;.;.,,:-,...

=-jl;),...._. . . . ._ _. . .-."..".., ....0...

FINAL DRAFT COMMITTEE TO REVISE ARTICLE III

.'.\\ ;
;~
2

December 5, 1979

ARTICLE I II

8

LEC~ :.:.,\TI 'IE ~Rlt::C!;

~
7

3

SECTION I.

10

4

LEGISLATIVE PeWtER

J1

5

Paragrach I. fQyte r vest .. d iO o'n....' 1 ~ ~S"!"'IOl"', 15

6. The legis lati ve power ot the stat;! shall be vest.. d in a 11

7 Gener!ll Assemoly which shall consist ot Fl Sen'3te '!n-:f a Youse 17

8 at Representatives.

18

9

SECT ION I I.

20

/

10

COMPOSITICl:--! OF GENERAL ASSEMBLY

21

I.

.II

12 (a) The Senate shall consist of not more than 56 Senators. 25 13 each of whom shall be elected fro~ singlp--member districts. 26

14

(b) The ~ouse of Repre~entatives shall c~nsist of 29

15 not more than 180 Representi3t1 ves aoportioMd among 29

16 representative districts of the state.

30

17

Paragr30h II.

31

18 The General Asse~bly may provide for apportionment ot Senate 32

19 and House districts. Such districts shall be CO'Tlpos'ed of 33

20 contiguous territory. The a~portionment of the 5.. nate '3n-:f 34

21 ot' the House of Representatives shall be changed by the

22 General Assembly as necessary after each United Stat~s 35

23 decennial census.

24

Paragraph I II

36
or '37

25 ~neral Assemglv. At the time of the1r alp-ct1on. the 33

26 members of the General Asse~bly shall be citizens of the 39

27 United States, shall be at least 21 years of age. sh~ll h~v.. 40

28 been citizens of this state for at le3st two Y"8rs, "lnd

29

shall have oee, legal re~1d~nt5 of t,~ territory ~~~rac~j 4;

30 within the district from which electp-d for at l~ast ~ne ~2

31 year.

32

44

33

on act1v~ duty ~1th ~~v ~ranch ~t the ar'Tled rorc~s ot t,~ 45

- I-

I Unit~d States shall have a seat in either house. This 46

2 disqualification shall not aoply to persons on ta~p~r~ry 47

3 active duty with any branch of the armed forces of the

4 Uni ted States or to persons serving in the National GlIard :>r 49

5 Reserve Armed Forces.

49

6

Cb) No person holding any civil a~point~ent or 50

7 ottice having any e~olument annex~d thereto under the United 51

8 States, this state, or any ~ther state shall have a se9t in 52

9 either house.

53

10

Cc) No Senator or Represent!tive sh",11 bf! ~lected '34

.11

by the General Asse~blY or e~pointed by the Cbvernor to any 55

(

12 otfice or apoointment having any emolument annexed ther~to. 56

13 during the time tor which such person shall have been

14 elected, unless the Senator or Representative shall tirst 57

15 resign the seat to which elected.

58

16

5

17 members ot the General Assembly shall be electqd by thp. 60

18 qualitied electors ot their respective districts for a tAr~ 6J

19 of two years and shall serve until the ti~e tixed by law for

20 the convening of the next General Assembly.

6J

21

SECTIoN Ill.

65

22
\.

OFFICERS of rriE GENERAL ASSEMBLY

66

23

Ps!'a;raph I. presldftnt aag-Er~sldent pr~ rq~Qor~ 69

24 ot to, S,nate. (a) The presidinq officer of the Sen~tp. 70

25 shall be styled the President of the Senate and shall be 71

26 elected by the Senate from ~mong its members.

72

27

Cb) A President Pro Tem~ore shall be electRd by 73

28 the Senate trom among its members. The President Pro 74

29 Tempore shall become President in case ot thp. death, 7';

30 resignation. or pernanent disability of the President.

76

31

ParaJraph II.

77

32

33 the House of Representatives sh~ll be styled the Speaker of

- 2-

,

. - -_.'--=_. - . -----.--- --,.:-;-_.

the House of Representatives and shall be el~cted bv the 80

House ot Representatives tro~ amonq its members.

81

Cb) A Speaker Pro Tempore sh91l be electe~ by the 82

House of Representatives from amon~ its members.

Speaker Pro Tempore shall become Speaker in case of the 84

death. resignation. or permane~t disability of t~e Soeaka~.
Paragraph I II. other officers of t~'\'~ t,,? b!2!l~' 86

The otner officers of the two houses shall be a Secretary nf 37

the Senate and a Clerk ot the House of Representatives.

89

SECTION IV.

91

ORGANIZATION ArlO PROCEDURE OF THE GENERAL ASSE1~SLY

~2

Paragraph I. M:etioo. time limit. 9Pd 'd!Quin~ant. (a) The General Assembly shall be a continuous b"dy during the term for w~ich the me~bers thereof are elected. General Asse~bly shall meet in regular session on t~e seco~d Monday in January of eacn year, or otherwise a~ provtded by law, and may continue in session for' oariod of ~o l,.,ng~r than 40 days in the aggre gat e each ve ar. By cone urr'" nt resolution, the General Assembly may adjourn any ~e~ul~r session to such later date as it may fix for reconvening.
(b) Nei ther house sna 11 adjourn f':Jr "lore than three days or to any other place without the consent"t the other. In the event either house, ~fter the thirti~th day of any session. adopts a resolutinn to adjourn fn':" '" specified period ot time and such resolution a~d ~ny amendments thereto are not adopted by both houses by the end of the legislative day on which adjournment was call~d for in such resolution, the Governor ~ay adjourn bnth hou3e~ :01'" a period of the not to exceed ten days.
(c) If an impeachment trial is pend1n~ 9t t,e ~nd ot any session. the ~ouse Sh9ll edjou~n and the Senat1 shall remain in session until such tri3l is completed.

95 96
97
9~
99
I :n
101 102
101
IO~
10:;
1~1
107
IJS
II) III
112 . IJ~

- 3-

2 Representative, before taking the seat to which elected, IIj

3 shall take the oath or affirmation orescribed by law.

II~

4

Para~r3ph III. '1Y.a.0J.ill.. A majority of the H"'10e:-s. IP

5

to which each house is entitled shall constit~ta a qu~ru~ to 12J

6 transact business. A smaller number may adjourn from d~y to 121

7 day and compel the presence of its absent rne~bers.

122

a

Paragraph IV.

~acl h?lJse 121

9 shall determine its rules of procedure.

125

10

Para~raoh V. Open meetings. The ses!'!ions ':Jt thl'!

J1

General Assembly, all committee m~etings, ~nd all h~~rin~5 12!

12 shall be open to the pUbliC, except when the Ja~er31 12~ 13 Assembly provides otherwise With regard to propertv

14

transactions or aoooint~p.nts to or reMoval fro~ public 12]

15 oftice.

16

I'H

17 . the General Assembly, it shall be filled AS "r"vid",d 'Jy this

18 Constitution and by l~w. The seat of a member of ~ither

19 house shall be vacant upon the removal of such ~e~ber's

20 legal residence trom the district fro~ which elected.

13'5

21

Paragraph VII.

22 members of the General Assembly 'shall rec'!ive slJch

23 compensation and allowances as shall be prOVided for jy la~, IB

24 but no chang'! in such compensation or ~llowance; ~hall
25 .become effective prior to the end of the ter:"l during '''hich

26 such Change is made.

IJ)

27

Paragraoh VI II.

~t-i

I ~l

28 di sor=;Jprl'l coodyct. Each h"use shall be the judge 'Jf the

29 election, returns, and qualiftc!tions of its nl'!~b~rs a~d

30 shall nave power to punish them for disorderlY b~h3v1or or

31

misconduct by censure,

fine,

o r impri~on~ent.

e~oulsi~n; ~ut

32 no member sh,~ll be expelled except by a vot"! of t"/o-t'1ir1s

33 of the me~bers of the house to whir.h such memher b"!loQ?s.

1 !. 7

- 4 ;"

..- -- -- - -.., -....-....:.: ~.= ._-"'.,:;..-~- -_.-&;.---~-

Paragraph IX. Contempts. bQw~UDi~hp.d. ,=~ch hous~

2

may puniso by i~~rison~ent. not extAnding bP.yond the

3 session, any oerson not a rne'llber ',o(no shall bFl gUil,ty of "l I"))
4 contellpt by any disorderly oehavior in its cresence or ''Ino 15 r 5 shall rescue or a,tte!:lpt to rescue any person arrested oy

6 order of either house.

152

7

Paragrach X. erivilege Of me~. The ~embers of 1151

8 both houses shall be free trom arrest during SAssi~n5 of the

9 General Assembly. or committee meAtinqs thereof, and in 155

10 going thereto or returning therefrom, except for treason. 155

II felony. or breach ot the oeace. ~fo member sh... U be l1Rbh

12 to answer in any other place for anything spoken in eith~r 1'51

13 house or in any committee meeting of either house.

15 ;l

14

Paragraph XI. yiv, VOCq vote. All elections ~y 16)

15 either house of the Gener3l Assembly shall bevivavoce. "lnri 161

16 the vote shall aopear on the resoective Journal ot each 16~

17 house.

161

18

SECTIo!'l V.

16S

19

ENACTI.(ENT OF LAWS

I -S6

20

Paragraoh I. ~ ~... od ActS. Each housA shall 169

21 k.eep and puolish after its adjournment a Journal of its 170

22 proceedings. 2le o,ri?inal journals shall be the sol~ , 171

23 oUicial rec':)r::1s of the proceedings of A!'!ch house an:i shall 172

24 be preserved in the oftic~ ot the Secretary of State.

25 General Assembly shall provide for the publication ot thq 171

26 laws passed ~t each session.

IH

27

Paragraph II. ~ills t?r ~e~. All bills fo!" 17<;

28 raising revenue, or aooropr1atinq money, shall originRte in 115

29 the House ot Reoresentatives.

177

30

')" 17"1

31

oill shall pass which refers to 'lIore than one SUbject 'll"lttq~ 17>'

32 or contains matter different fro'll what is exoressed in the 13 )

33 tit Ie thereot.

181

- 5-

--"- "-~- .-. - ._- -..._- - ._-----=: --- - -. -'..:..

2 arne n""'d..

3 repealed by mere retereoce to its ti tIe or to t'le nUI!1':)p'1'" or 4 the section of the Code; but the ~mending or reoqalin? a:t

5 shall distinctly describe the law to be amended or r~gealcd

6 as well as the alteration to be made.

13 7

7

8 bill shall become law unless it shall recp.ive a ~aJorlty ~f

9 the votes of all the ~embers to which each house Is

10 entitled, and such vote shall so anpear on the Journal of 191

I J each house.

12

Paragraph VI.

13 either house, when ordered by the oresiding ottlcer or at

14 the desire ot one-tlfth of the members ~resent or a le~ser

15 number it so orovided bv the rules otp.ltheT hnus~. 3 0
16 roll-call vote on any question shall be taken snd sh .. U h~

17 entered on the journal. The yeas and o~ys In '!ec'1 ,ousp-

'8 shall be recorjed and sneared on t:"le Jour.,al '/;::>1n tne 1~3 19 passage or rejection ot any bill or resolution aoorop,i~tin?

20 money and whenever the :onstltutlon requires a vote of

21

two-thirds ot either or both houses tor the oa~sage of a 2~J

22 bill or resolution.

201

23

Para~raoh VII. R9ading gf Zl-neral hiJ1'j. T~e

24 title ot every 7eneral bill ",nd ot ev~ry resnlutlo!'l In~en::ip.;

25

. - to have the effect ot general law or to a~P.nd t'i~ 2 ....

26 Constitution or to oropose a new Constitution ~hall be r91j

...

27 three times and on three seoarah days In each housp. betore

28 such bill or resolution shall be voted u~on; and the third

29 readinQ ot such bill and resolution shall be In their 2J7

30 entirety ~hen ordered by the presiding otflcp.r or by a

31

majori ty ot the memtJers votlno on such ol,,~stlon in al ther

32 house.

33

Paragraoh VI I I. Procedure tgr c?n~;d~~in1 l~c=l 21J

34 l:Qi~latiQQ. The General Assemblv may orovide bv law tor 211

- 6-

,

the procecure for considering local legislation. The title 212

2

of ev~ry 10C31 oill and every re~~lution intended to h~ve 21 ~

3 the effect of local law shall be read at la~~t once bet~re

4 such bill or resolution s!"lall be voted uoon'3nd nc 5uc!-l 21 1

5 b111 or resolution shall be voted upon prinr tc the thir~ 21'5

6 day follOWing its introduction.

21'S

7

217

a ~ l,gislatioo. The Gen~ral Assembly snaIl pravi?e ~y 21'3

9

for the advertisement of notiCE! of intention to

10 introduce local bills.

223

"

Paragraph X. Acts 519,,.,,1. All Acts shall b~ 221

12 signed by the President of the Senate and the S~e'ker of the 222

13 House ot Representatives.

223

14

ParaQr3ph XI. Signature Of r,Qyer~. N~ provision 22<1

15 in this Con~titut1on for a two-thirds' vote ot bo~h h"'Jses 22'5

16 of the General Asse~oly shall .be construed to waive t~e 22~

17 necessity for the signature ot the Governor as in any "ther

18 case, except in the case of the two-thirds' vote re1uired to 227

19 override the veto or to submit proposed constitutional 22~

20 amendments or a proposal for a new Constitution.

230

21

Paragraoh XII. ReJected bill~. Any bill, or any 231

22 resolution intended to have the effect of law, which shall

23 have been rejected by either house shall not be again 211

24 proposed in the sam~ or s im ila r for" during the 5"l...,a raiJul ~r 214

25 or soecial session at. ':Ihich it ~'fas rejected ''''it~o'.Jt th"!

26 concurrence of twn-thirds ot the house by which the S3~e wa5

27 rejected.

236

28

Paragraoh XIII.

237

29

All bills and all 233

30 resolutions \'lnlch have been oassed by the General A<;se"1blv

31 intended to have tha etfect of law shall beco,e law if tha

32 GOvernor approves or f~ils to vet" the same within six daY5

.13

from the date any such bill or ~e501utinn is tran~,lttai to

34

the Governor u~l~ss the Ceneral Asse~bly adjourn" sin~ dia

- 7-

_ _ _ _ _~ _ = "

......_ a = a = __ _....._ _.......

_.,_-_ _ ~

_ _"""""""'.-..==:;;::""
~

or adjourns tor ~ore than 40 days pri~r to the !xoirati~n ot 241

2

"r ~aid six -;~Y!'!. I~ th"! C!$P' ('It !'Juch .~':l.kll.frn,.,p.,t ~!:"" -;i~

2>l4'

3 ot such adjournment tor ~ore than 40 days, t,e ~a~e shall

4

beco~e law it a,,~rov~d or not vetoed by t~e GOvernor withi~ 245

5

40 days trom the date ot any s~ch adjourn~ent.

247

6

Cb) During sessi~ns of the General Asse~blv or 24-:}

7 during any period ot adjour~ment of a session of the General 24~

8 Assembly, no bill or resolution s,all be tr3nsmitte-; to the 2'5':>

9 Governor atter oassa;e exceot upon request ot thq G~vqrnor

10 or upon order ot t\1o-thirds ot the membership Of e'lch how... 251

II

Cc) The Governor shall have the duty to tr~nsnit 2'5 .,

12 any vetoed bill or resoluti"n, together wi th the reason!'! tor 254

13 such veto, to the presidin~ officer ot the house wherein it 2S'i

14 originated wit~in three days from the date ot veto it the

15 General Assembly is in session on the date of tr~nsmission.

16 It the General Asse-,bly adjourns sine dip or adjourno; t,?r 257

17 more than 40 days, the Governor shall transmit any vetoed 25~

18 bill or resolution, together '"ith the reasons tor such v!'!to, 25~

19 to the presiding officer ot the house wher"!in it oriJinated

20 within 40 days ot the date such bill or resolution shall 26)

21 have been presented to the Governor.

26~

22

Cd) Durin1 sessions ot the General Assembly, 'lny 261

23 vetoed bill or resolution may upon receipt be i~mediately 261-

24 considered by the house w~erein it originated f~r the 265

25 purpose ot overriding the veto. If two-thirds ot the

26 ~embers to which such house is entitled vote to override the 21'S

27 veto ot the Governor, the same shall be Imme~l~tely 267

28 transmitted to the other house ""her" it may b*, l",.,e:Hately 26"1

29 considered. Upon the vote to ovprtide the veto by

30 two-thirds or t~e memb"!rs to which such other hou~e is 26:;;

31 entitled, such bill or resolution shall become law. All 27')

32 bills and resolutions vet~ed durinJ the last three ~3YS ot 271

33 the se5sion and not considered tor thA purpose ot overriding

34 the veto and all bills and resolutions vetoed attar the 272

- 8-

,

General Asse~blt has adjourned sine die may be con~1~erArl 27l

2
3 General Asse~blY tor the purpose ot overriding the veto in 275

4 the manner h~rein provided. It either hous9 sh'! II .' ~il t",

5 oven-ide' the Governor's veto. nei thar house s"la 11 "7~in 2H

6

consider

such bill or resolution tor the ourpo~e of

2 '7"'7 I

7 overriding sucn veto.

8

(e) D1e Governor may approve any a~oropri~tion 3nd 21J

;I veto any other aporopriation 1n the sa~e bill. and any

10 appropriat10n vetoed shall not b~come law un~ess such veto 2~i

II is overridden in the manner herein orovided.

12

13 veto of proposed aq:enlMI:S to tOis C6nst1tut:1 Q O .!hiQ~

14 oot getnW. (a) The Gov.ernor shall not have the_,o~'er tt') 2::5

15 veto any proposal by the General Assembly tt') prnvidQ a new 235 16 Constitution or to veto a proposed a~end~Q.nt to this

17 Constitution which is general. The Governor shall have the 257.

18 power to veto a proposed a~enqment to this Constitution

19 which is not general.

29;)

20

(b) All proposed amendments to this Constitution 2~)

21 which are determined. in the manner prOVided in Article XII. 291

22 by the Attorney General. the Legislative Counsel. a,nd t:1"!

23 Secretary of State 'to be n",t general shRII be sUb~1tted tor 291 24 ratification it the Governor approves or tails to veto the

25 same within six days from the date any such oropos9d

26 amend~ent is transmitted to th"! GOvernor unle~s the General

27 Assembly adjourns sine die or adjourns tor more than 40 days

28 prior to the expiration ot said six days. In the case of

29

such adjournment sine die or ot such adJourn~ent for ~ore

_.,. 2 Y.

30 than 40 days. the same shall be submitted tor ratification

31

it aooroved or it not vetoad by the GOvernor wit~in 130 dn!S

32

from the date of any such adjourn~p.nt.

3'))

33

(c) Durin:] sessions of the General A~o;e<'l~l" or

34

curing any oeriod of adJourn~ent of a se~sion of th~ ~eneral 30~

- 9-

.~-----'--~---'-

~.>

Assembly, no proposed a~;;!')dr:lent to tliis ConstitlJtio;, -"'ie' 1J,

2

is not general shall be tra~smitted to t~e ~ve~nor ~tter

3

!Jassaqe unle 5S ehe .'\ttorney G;n~ral, the 1..J:;1islativa

4 Counsel, and the Secretary of State shall have detenin<ld 305

5 that such pro,,,sed amendment i~ not general and unl~c.~ t'1q 31S

6 Governor shall have request3d that such oroposed amend,ent 1J7

7 be so transmitted.

8

Cd) !he Governor shall have the dutv to transmit 3~~

9 any vetoed prooosed amend~ent to this Constitution ~~ic, i~ 31J

10 not general, to~ether with the reasons for sue~ veto, to t~e ,II

.J I presiding orficer of the house wherein it originated withi, 312

12 three days from the date 01' veto if the General A~se~~ly is

13 in session on the data 01' veto. If the General AS5e,,:,ly, 31,

14 prior to the ~vernor's veto, adjourns sine die or ajJ~ur,s 31!

15 for ~ore than 40 days, the Gnvernor shall tr~ns,it anv 115

16 vetoed orooosed amendment to this Constitution which is not

17 general, to~ther with the reascns for such veto, to t~q 315

18 presiding officer of the house wherei;, it ori7inate1 witnin 117

19

180 days from the d~te such vetoed Amend~ent wa~ a~~r,ved OV lJ~

20 the house last acting on such proposed amendment.

31~

21

Ce) All vetoed proposed

321

22 Constitution which are net general shall be subject to:,e 321

23 overridden by tne General Assembly in the same ~anier and 32~

24 pursuant to the same procedures as hereinabove ,rovided for 321

25 the override or. vetoed bills and resolutions.

32!

26

SECrIoN VI.

121

27

EXERCISE OF pm'/ERS

327

28

Paragraph I. General PC"'~S. The G,ner'll Assq..,blv 13)

29 shall h':lVe t.,'! oower to !11ake all laws not inconslste:1t '''it''': "~I

30 this Constitution, and not reougnaht to the Constit!!ti~n 'JT ~12

31

the United States, which it shall de~m neeecsary a,d ~r~~~r 31,

32

tor the welt~re of the state.

- 10 -

,

;:

?dra~raph II.

~t1c QQWP.t.S.

(a)

'l'Iithout us

'.~....

~~~

2 limitation of the powers granteg under Paragraoh I, th@ 33~

3 General Assembly snaIl have the power to provide by law tor: 337

4

(I) Restrictions uoon land use in orjer to 1,~

5

protect and oreserve the natural rAsources, 34J

6

environment, and vital areas ot this state.

341

7

(2) A militia and tor the tri':!l by 342

'S

courts-martial and nonjudicial punishment of its 34 3

9

members, the discipline of whom, when not in

10

tederal service, shall be in accordance wit~ law 344

.11

and the directives ot the Governor in his cdpacitv

12

as co~mander in chiet.

345

13

(3) Iheparticipation by the. state and 347

14

political subdivisions and instru~p.nt~lities ~f the 34g

15

state in federal programs and the comolianc~ with

16

laws relating thereto, including but not l1~i ted to 3~~

17

the oowers, which may be exercised to the extAnt 35)

IS

and in the manner necessary to efhct such

19

participation and compliance, to tax, to e~oend 3~'

20

public money, to condemn property, and t~ zone

21

property.

352

22

(4) The continuity of state and local 3'B

23

governments in oeriods ot emergency resultinj t,..O!'1

24

disasters caused by enemy atta~k including out not

25

limited to the suspension ot all constitutional 355

26

legislative rules during such emergency.

355

,,'

27

(5) The oarticioation by the stata with ~ny 3;7

28

county, municioality, nonprotit organizati~n, or 3~3

29

any combination t~ereof in the operation ot any of

30

the facilities ooe,..ated by such agencies for the 35~

31

puro05e ot encouraging and promoting tou~ism in 35)

32

this state.

361

.'B

(b) The General Asse!'1bly shall have the oo~er to 35~

34 imple':'lent the provisions of Art! cle I, Section II r ,

- .II -

,;".

.-- ':;'--

~araJraph I(2.)1 Article IV, Section VIII, ?3re~ra~h III 36~

2 Article IV, Saction VIII, ParaQraoh IIII and Article ;(,

3

- Section II, Paragraph XII of this Constitution in force and 355

4 efrect on June 30, 1981l and all laws heretofore adopt~d

5 thereunder and valid at the time of their enactment shall 367

6 continue in force and effect until modified or reoe~l~d.

363

7

Paragraph I II.

35;>

6 General Assembly shell not abridge its oowers under this 37)

9 Const !tution. No law enacted by the GenArel Asso.mbly s~all 371

10 be construed to limit its powers.

372

.I J

Paragrap~ IV. LIm!t,t!ons gn sne~al- legf~lat~. 371

12 (8) Laws of a general nature shall have uniforn operation 374

13 throu~hout this state. No special or local law shall be 375

14 enacted in any case for which pro~ision has bo.en ~ade by 375

15 general law.

3n

16

(b) Exco.pt as herqin providAd, no bill classifying 373

17 on the basis of population which, ir enacted, would a~ply to 37)

18

a single count r or ~unicipality at the time of its en~ct~qnt 3.3 )

19 shall be passeu. This pronibition shall not aooly to a bill HI

20 classifying on the basis or the population or cnunties or

21 municipal1 ties having a population above a spo.cifiqd

22 population or having a population below

23 population or a bill repealing a preViously e~istin~ law 3d~

24 which classifies on the basis of population.

395

25

(c) ~o special law relating to the rights or BS

26 status or private persons shall be enacted.

383

27

v. Paragraph

Soe k !!I, liMitatIons. (a) The 33;1

26 General Assembly shall not have the power to grant 39)

29 incorooration to orivate persons but shall orovide by NI

30 general law thd manner in which private corporate oowqrs and

31 privileges may be granted.

'391

32

(b) r.ne General A~sembly shall not forgive t~e 3,"." .

33 rorreiture of the charter of any corporation p.~istIn~ on

34 August 13, 1945, nor shall it grant any benefit to or p~~lt

- 12 -

any am"!ndment to the charter of any corporati"n e'o('C'!ot 1.I"1on .NS

2

the condition tnat the Qcce~tance thereof shall on~rata a~ a

3 novation of th'! charter and that such cor~nLatio~ 5~:J 11

4 th"!reafter hold its charter subject to the provisions of

5 this Constitution.

4:):)

6

(c) rha General Assemblys~all not have the ~o~~r 401

7 to aut/lori ze any contract or agrAement ,,,hi ch may have t:,,, 40:2

a e tfec t of or l.,hich is i ntendad to have t!"lFl e 1'tFlC tot' 401

9 deteatin~ or lessening competition, or Ancouraginq a

10 monopoly, which are hereby declared to bFl unl~w1'ul and void. 404

.J I

(d) lne General ~ssembly shall not have the power 405

12 to reQulate or fix charges of public utilities owned or 407

13 operated by any county or municipality of this state, '!xc'!ot

14 as authorized oy this Constitution.

15

Par=qraph VI. Gratuities.

(a) -E,<capt as

16 other,'ise prOVided in t:'is Constitution, the ~eneraI 411

J 7 Assemoly shall not have the power to grant any donation or 412

18 gratuity in favor of, or to forgive any dAbt or obligatio~

19 owing to the puolic from, any private person '!'(ceot ptlr!'uant 41l

20 to a general law authorizing a particular donation or 4)4

21 gratuity serving the public interest adopted in any two 41'5

22 successive reqular sessions upon the affirmativq vote 01' 415

23 two-thirds of the members to which each house is e'titl~d

24 and approved by the Governor within 30 days after it has 417 25 been oresented to tne Governor in each such session. A.ny 413

26 such law may be repealed in the same manner as othe:- 13,.,5.

27

(b) All laws heretofore adopted under Article III,

28 Section VIII, Paragraph XII of this Constitution in forc" 421

29 and effect on June 30, 1981, shall continu" in torce and

30 effect until modified or reoealed in the manner prOVided

31 hereinabove.

423

32

SECDoN V I I

33

- 13 -

Paraqrao;, I.

rhe !hus'.!:')1'

2

Reprcsent~tive3 shall ~ava the sole ::,o."er to votP. 4))

3 impeachmsnt cnarges a:;;ai:'lst a:'ly AX9CUtiVQ or jtrdicial

4 officer of this state.

5

Thp. S'3:'late

6 shall have the sole oower to try im"eachments. ''/h'!n 'iittinq 434

7 for that purryose, the Senators shall bp. on oAth, or

8 atfirmation, and shall be presided over by the ChietIustice 435

9

of tne Supre~e Cvurt. ~hould the Chief Justice oe

10 disqualified, then the Presiding Justice shall preside. 437

II Should the Presiding Justice be disqualified, th~n the 433

12 Senate shall select a Justice of the Suoreme Cvurt to

13 preside. No person shall b'! convicted without conC'lrrence

14 of two-thirds of the members present.

441

15

16 of impeaChment, judgments snaIL not p.xtend .furth~r than 441

17 removal fro~ office and diSQualification to held and enjoy 441

IS any office of honor, trust, or proti t ."i thin this. st;ate or

19 to receive a pension therefrom, but no such JUdgment shall

20 relieve any party from any criminal or c1vll liability.

447

21

SECTION VIr I.

449

22

I~SURANCE REGUl.ATIoN

23

Paraqr~ph I.

24 shall be made 'oy law tor the regulation of insurance.

45'5

'.:

25

Para9raph I I

I no:; U''"3nce

26 licenses sh3l1 be issued by the Comotroller General as 457

27 required by 113.'1.

453

28

SECTION IX.

2';

APPROPRIATIONS

30

'10 money

31

shall be dr~':tn trom t~e tre"lsllry exceot by arnl'"':);::ri"ltion

32

4:S5

- 14 -

~.::

-/.,

.'<
;i"J
:.:;:,

2

or resolution ~ooroori~ti~9 monAy soall become a la~ unla~5, 4~1

3 upon its passage, the yeas and nays in each hOllse a!'"'! 469

4 recordad.

47)

5

Paragraph III.

sup",! ~s!211...._ _"."....1... 471

6

enact,ents gf general ap?roQ~1at1~~. (a)

7 Governor snaIl submit to the General Ass~mbly Within five 473

8 days atter its convening in regular session each ye3r 9

9 budget message and a budget re~ort. accompanied by a draft 47~

10 of a qeneral a1propriations bill, in such form ~nd mann'!!'" ~s 475

.11 may b~ prescribed by statute, which sh~ll provirlA for the 47~

12 aopropriation of the tunds necessAry t~ operate all the

13 various departments and agencies and to meet the current 477

14 expenses of t~~ state for the next fiscal year.

47;1

15

(b) The Gener:ll

Asse'!lbl y

shall

a~nually

16 appropriate the funds necessary to OpArate all the Yarf~us 431

17 departments anj agenCies and meet the current eY~enses ,f 4~~

18 the state for the next fiscal year. The fisc~l year of t~p.

19 state shall co~mence on the first day of July of each y'!ar 433

20 and terminate on the thirtieth of June following.

4;;5

21

(e) The General Assemoly shall by general l~'" 4.91

22 provide for t~e regulation and management of the financA ~nd 437

23 fiscal administration of the state.

4~3

24

Paragraph IV. Ggneral 3PQ ro2tiatf?05-h1Jl. T"le

25 general appropriations bill shall embrace nothing e~ce~t 490

26 approoriations fixed by previous laws; the ordinary exoens'!s 491

27 of the executive, legislative, :Ind Judicial d'!pArt~ents ~t 4~!
i:.
28 the government; payment of the public dqbt and i'tere~t

29

thereon; and for su~port ot the oublic in~titutions :Ind 49,

30 educ!'ltional inte1"'asts of the state. All

31

appropriat10ns shall be ~ade by saparatp. bills, ~!'IC'

32 ambracing but ~ne suoJect.

495

033

Para~raoh V.

(3 )

34 Each general arynropriations Act, now of force or hereafter 49~

- 15 -

.... ----_.~--_._--_._-""----~~-~-..-..-----_.

...

=-z,-._.,
-.~

adopted with such Amen1~ents as are adopted tr~~ tim~ to 49:;)

2

time. shall continu~ in f~rce and 9tfect tor the n~~t ti~~AI

3 year after adOPtion and it shall then expire. exc~ot for the 5JJ

4 mandatory dooropriations required by this Constitution and 5')1

5 those required to m~et contractual ~blig~tion5 authDrlzed ~y5J2

6 this Constitution and the continued aocropriation ot federal

7 grants.

50~

8

(b) rhe General Assembly 5~all not 30or~oriate

9

funds for any given fiscal year w~lch. in a?qregat~. e~cp.ed 505

10 a sum equal to the amount ot unaooropriated sllrol'Js e~;J!'!ctq-j 505

J I to have accrued in the state treasury at the blqlr.:-:in1 of 5:17

12 the fiscal year together with an ~mount not greater t~an the 50'!

13 total treasury receipts trom exist ing revp.nue sources

J 4 anticipated to be collected in the fiscal y~ar. le~s

15 refunds. AS estimated in tha budget reoort And a~end~ent~ 31 )

16 thereto. SIJople:nentary ao')ropriations. it any. s"'l'!ll be 5!1

17

made in the ~anner ~rcvided in Pa~aQraph VI of this section

18 of the Constitution; but in no event shall a su')ple,entary 512

19 appropriations Act continlJe in force and effect b9yond the 511

20 expiration of the general aopropriations Act in etfp.ct ,~en 51~

21

such supplementary appropriations Act was ado~tej and

22 approved.

515

23

(c) All "aooropriated funds, e~cept f~r the 516

24 mandatory aooropriations reauired by this Constitution, 517

25 remaining unexpended and not contractually obligated at th~ 5.3

26 expiration of ~uch qeneral aDpropriations Act shall l~o~p..

27

(d) All federal funds received by t~~ State of 52)

28 Georgia are hereby continually aoeropriated in the exact 521

29 amounts and for the pureoses authorized and directed by t~P. 52~

30

federal ~overn,ent in ma~inJ the grant.

523

31

(e) fhe scate. state institutions, and d~oa~t~ent5

32

and agencies of the state are hp.r~by ~rohibitej fro' 525

.13 entering into any contr'!ct ~"'ith any DubHc agency Dr nllbl1c 52'S

34

,corcoration or authority pursuant to the 0: orovi~i~ns 527

- 16 -

Articla IX. Sgction VI. Paraqranh I(a). which sue, c~ntract ??7

2 constitutes s3.curity tor bonds or othp.r obl1~3tio"''; i<;sued 32~

3

by any 'sue,", P\.'ol1c "!9~"CY o~- i'!!b~!c c"r"'~'3tt'1n r:-" 5.?:;)

4 authority; and the aoproori3tion or expe~diture of ~nf funds 533

5 tor the payment ot obligations under any such contr~ct is

6 likewise pronioited at any time when the agqr9~ate annual 5,1

7 payments under all sucl1 contracts. including the contract or 5i~
a contracts proo:lsed to be entered into. exceed 15 oercqnt of 5~1

9 the total ravanue receipts less refunds of the state 534

10 treasury in thi fiscal year immediately preceding toe ~aking

II and entering into 01' any such contract; provided. ho....ever. 533

12 this provision shall not affect contracts validly p.nt~rp.~ 535

13 into prior to the effective date of the amendmp.nt to Articlp. 537

14 VII. Section IX. ?aragraph II of the ConstitutIon ot 1945
15 adopted :'lovember o. 1962.D'1e execution ot anv such 333

16 contract 1s turt~er prohibited until the General A~s~~bly 539

17

has soecifically provl~ed funds i, an aporopri~tions \ct f~r 54J

18 the payment of at least one year's rental und~r such

19 contract.

541

20

Par:a?raph VI.

otp.,r

m::

c;UQRl~"'qoI. ... r'{ 34~

21 anorgori at..1.Q.Qs.. In addi t ion to the appropri at ions :lade bv ')41

22 the general aooropriations Act 'and amendments thereto. the 544

23 General Assembly may make additional appropriations bv Acts.

24 which shall be known as SUPPlementary approoriation Acts. 545

25 prOVided no such suoolementary appropriation shall be 545

26 dvailable unless there is an unaooropriated surplus in the 547

27 state treasury or the revenue necessary to oay such

28 appropriation shall have been provided by a tax laid for 54'3

29 such purpose and COllected into the general fund ~f the 54~

30 state treasury. ~Ie1ther house shall pass a su:)ple"'lqntary 53)

31 appropriation bi 11 until the general 3ppropriatio:ls Act

32

shall have been finally acooted by both hous~s and a~proved 551

33 by the Governor.

552

- 17 -

2

~.

(a) Except 3S here iMft-.r orovided, the 33~

3 appropriation for each department, officer. burea", :,o;lrd,

4 commission, aJency, or institution for which apo~opri;lti1n

5 is made shall oe tor a specific sum of ~oneYI 9nd no

6 appropriation shall allocate to any object thA procee~s of 557

1 any particular tax or fund or a part or percentage ther-.ot.

8

(b) An amount equal to all money derive~ fron

9 motor tuel taxes racei ved by the state in escl'! 01' the 361

10 immediately ~receding fiscal years, less the amount of 352
.r I retunds, rebates. and collection costs authorized by la'''. is

12 hereby aporooriated for the fiscal year be9inning July 1,01' 361

13 each year following, tor all actiVities incident to 36.1

14

providing and an ~aintaining adequ~te system 01' public roads 56::

J5 and bridges in tl'!is state, as authorized by laws enactad oy 5:55

16 the General Assembly 01' Georgia, and for grants to counties

17 by law authorizing road construction and maintqnanc~, a~

18 proviJed by law authoriZing such grants. S~id s~ is here~v

19 appropriated tor. and shall be aV~llable for, the aforesaid

20 purposes regardless of whether the General Asse~oly en~cts a 56~

21 general appropriations Actl and said sum need not OA 57)

22 specifically stated in any ~eneral aporopriations Act passed 571

23 by the General A~sembly in order to be available tor such

24 purposes. However. this shall not preclude the aeneral 572
25 Assembly from a,propriating for such purposes an a"l..,unt 57".1

26 greater than the sum specified above tor such purposes. Th-. 57~

27 expenditure 01' such funds shall be subject to all thA ruIRs.

28

re~ulations, and re~trictions imposed on the exoenditure 01' S73

29 appropriations oy provisions of the Con~titution and laws 01' 575

30 this state, unless such provisions are in conflict with the 577

31

provisions of thi5 paragra~h. And provided. however, that 373

32 the proceeds of the tax herRby aoorooriated shall not ~e
33 subject to bud1etarv rp.duction. In the event of i:wasion (,t 5n

34

this st~te ~y land, s~a, or air or in case ~f a ~9jor 53)

- 13 -

catastrophe 50 oroclaimed by the GOvernor. said funds m~v b~ 5~1

2 utilized tor jetqnse or relief purooses on the ~xRcutive 33~

3 order of the Governor.

593

4

(c) A trust fund tor use In the payment ~t 594

5 dlsabll~ty benefits for expenses resulting froM the 535

6 combination of = previous disability with an RmploY~R's 535

7 sUbsequentempl.oyrnent rel'!tqd InJurv may be provided for by

8 la'.'f. As authorized by law. revenues raised tor ourposes of 587

9 the fund May be oald into and disbursed from the trust 38~

10 Without being subject to the limitations of subpar'!~r~oh (~) 38~

.II of this Par=:jraph or of Article VII. Section II. ?aragraph

12 III.

59:J

13

Para~raoh Vllr. Approp~iatlQns yoid. w,~o. Any 591

14 appropriation made in conflict with either of thf! foreqoin? 592

15 provisions shall be void.

- 19 -

FINAL D!U\FT CO)~ITTEE TO ~VISE.ARTICLis IV'& V
D~cember 5, 1979

ARTICLE IV.

8

2

CONSTITUTIONAL BOARDS AND COMMI SSIoNS

9

3

SECTION I.

10

4

PUBLIC SERVICE COMMISSION

.II

5

Paragraph I. PybliC -SAtx1~ Commissipn.

(a) 15

6 Thare shall be a Publi Service Commission for the 16

7 regulation ot utilities, vested with such jurisdiction. 17

8 powers. and duties as provided by law. Such commission

9 shall consist ot tive members appo.1nted by the Gove,rnor. 18

10 subject to contirmation by the Senate' provided. however. 19

J I that members elected to the PubUc Service Commi.ssion prior 20

12 to July I, 1981. shall serve out the remainder of their

13 respective terms. As each term ot ottice exPires. the 21

14 Governor shall appoint a successor as herein provided. All 22

15 such termsot members shall be tor six years. A chai man 23

16 shall be selected by the members ot the commission from its

11 membership.

24

18

(b) The qualitications. comoensation. removal trom 25

19 ottice, and powers and duties of members of the commission 26

20 shall be as provided by law.

21

21

SECTION II.

29

22

STATE BOARD OF PARDONS AND PAROLES

30

23

Paragraph I. State Board ot pardpns and parples. 33

24 (a) There shall be a State Board ot Pardons and Paroles 34

25 which shall consist of five members appointed by the 35

26 Governor. subject to confirmation by the Senate. The

27 members of the board in office on July I. 1981. shall serve 36

28 out the remainder of their respective terms. provided that 37

29 the expiration date of the term of any such member shall be 38

30 December thirty-first of the year in which the member~s term 39

31 expires. As each term of office expires. the Governor shall

32 appoint a successor as herein p,rovided. All such terms of 40

33 members shall be for seven years. A chat rman sha 11 be 41

34 selected by the members ot the board from its membership.

43

- ,-

Cb) Except as may hereafter be provided by law, 44

2 the board shall be vested with the powers of executive 45

3 clemency, including the powers to grant reprieves, pardons, 46

4 and paroles; to commute penalties; to remove disabilities

5 imposed by law; and to remi tany part of a sentence for any 47

6 ottense against the state atter conviction. The chairman ot 48

7 the board, or any other member designated by the board, may 49

8 suspend the execution ot a sentence ot death until the tull 50

9 board shall have an opportunity to hear the application ot

10 the convicted person tor any reliet within the power ot the 51

II board.

52

12

ec) The qualitications, compensation, removal trom 53

13 oftice, and powers and duties 01' the members 01' the board 54

14 shall be as provided by law.

55

15

SECTION II I.

57

16

STATE PERSONNEL BOARD

58

17

Paragraph I. State Pusonnel Board. (a) There 61

18 shall be a State Personnel Board which shall consist ot tive 62

19 members appointed by the Governor, subject to contirmation 63

20 by the Senate. The members of the board in oftice on July 64

21 I, 1981, shall serve out the remainder at their rAsoective

22 terms. As each term ot oftice expires, the Governor shall 65

23 appoint a successor as herein provided. All such terns 01' 66

24 members shall be tor five years. A member ot the state 67

25 Personnel Board may not be employed in any other capacity in 68

26 state government. A chairman shall be selected?y the

27 members ot the board trom its membership.

70

28

(b) The board shall prOVide policy direction for a 71

29 State Merit System 01' Personnel Administration and may be 72

30 vested with such additional powers and duties as provided by 73

31 law. State personnel shall be selected on the basis 01' 14

32 merit as prOVided by law.

75

- 2-

I

(c) The qualifications, compensation, removal from 76

2 off-ice, and powers and duties of the members of the board n

3 shall be as provided by law.

78

4

Paragraph I I. veterans pre(ereQce. Any veteran 79

5 who has served as a member of the armed forces of the. United 80

6 States during the period of a war or armed conflict in which 81

7 any branch of the armed forces of the. United States engaged, 82

8 whether under United States command or otherwise, and was 83

9 honorably discharged therefrom, shall be given such veterans

10 preference in any civil service program established in state 84

.11 government as ~ay be provided by law.

85

12

SECTION IV.

87

13

STATE TRANSPORTATION BOARD

88

14

Paragraph I. State Transportation Boaord cr~. 91

15 (a) There shall be a State Transportation Board composed of 92

16 as many members as there are congressional districts in the 93

17 state. The member of the board from each congressional 94

18 district shall be elected by a majority vote of the ~embers

19 of the House of Representatives and Senate whose respective 95

20 districts are embraced or partly embraceod wi thin such 96

21 congressional district m~eting -in caucus. The members of 97

22 the board in office on July I, 1981, shall serve out the 98

23 remainder of the.1r respective terms. As each term of office

24 e~pires, the Governor shall appoint a successor as herein 99

25 prOVided. All such terms of members shall be for five 100

26 years.

101

27

(b) The State Transportation Board shall select a 102

28 commissioner of transportation, who shall be the chief 103

29 executive officer of the Department of Transportation and 104

30 who shall have such powers and duties as prOVided by law.

105

31

(c) The qualifications, compensation, removal from 106

32 office, and powers and duties of the members of the board 107

33 shall be as prOVided by law.

108

- 3-

SECTION V.

J 10

2

VETERANS SERVICE BOARD

IJ 1

3

Paragraph I. Veterans SerylCLacard: how compQsed: 114

4 cQmm1s$1~. (8) There shall be a State Department of liS

5 Veterans Service and Veterans Service Board which shall IJ6

6 consist of seven members appointed by the Governor, subJect I! 7

7 to confirmation by the Senate. The members in office on

8 July I, 1981, shall serve out the remainder of their JI8

9 respective terms. As each term of office expires, the .119

10 Governor shall appoint a successor as harein prOVided. All 120

JI such terms of members shall be for seven years.

121

12

(b) The board shall appoint a commi ssioner who 122

13 shall be the executive officer of the department. All 123

14 members of the board and the commi ssioner shall be veterans 124

15 of some war or armed conflict in which the United States has 125

16 enQaQed. The board shall have such control, duties, powers.

17 and Jurisdiction of the State Department of Veterans Service 126

18 as shall be provided by law.

127

19

(c) The qualifications, compensation, removal from 123

20 office, and powers and duties of the members of the board 129

21 shall be as prOVided by law.

- 4-

FINAL DRAFT
COMMITTEE Td REVISE ARTICLE V
December 5, 1979

ARTICLE V.

8

2

EXECUTIVE BRANCH

9

3

SECTION I.

:0

4

ELECTION OF GOVERNOR AND LIEUTENAt-lT GOVERNOR

II

5

- Paragraph I.

Qovernor:

.uI:!!l-~Q.f..._ _.Q...f...f.....t"."r:......;.... 1'5

6 Qmgensat1Qn ~nq allowances. There shall be a GOvernor ~ho 16

7 shall hold office for a term of four years and until a 17 8 successor shall be chosen and qualified. Person~ holding

9 the office- of GOvernor may succeed .themselves fer one 18

10 four-year term of office. Persons who have held the office I~

.II of Governor and h~ve succeeded themselves as hereinbefore 20

12 provided shall not again be eli9ible to be elected to th~t

13 ~ffice until after the eX~iration of four years from the 21

14 conclusion of their term as Governor. The compensation and 2=2

15 allowances of the Governor shall be as provided by law.

24

16

Paragraph II. electlQo-!~~~Q~~. An election 25

17 for Governor shall be held on Tuesday after the first Monday 26

18 in November of 1982, and the Governor-elect shall be 27

19 installed in office at the next session of the General

20 Assembly. An election for Governor - shall take place 28

21 quadrennially thereafter on said date unless another date be 29

22 fixed by the General Assembly. Said election shall be held 30

23 at the places of holding general elections in the several 31

24 counties of this state, in the manner prescribed for the

25 election of members of the General Assembly, and the 32

26 electors shall be the same.

33

27

Paragraph III. ~utenant G2~Qt. There she 11 34

28 be a Lieutenant Governor, who shall be elected at the same 35

29 time, for the same term, and in the same manner as the 35

30 Governor. The Lieutenant Governor shall have such executive 37

31

duties as p~escribed by the G~vernor and as may be

32 prescribed by law not inconsistent with the powers of th~ 39

33 Governor or other provisions of this Constitution. The 39 34 compensation and allowances of the Lieutenant G0vernor shall 40

35 be as provided by law.

4!

- I-

_ _ _ _ _~.4

Paragraph IV. Qualifikati~ns_~ Ghv~rryQ~ ~ 42

2 U"ptrQaj'.t GqV$ri"j.J:::. 1:0 person shall be eli:libla for 43

3 election to the office of Governor or Lieutenant Governor 44

4 unless such oerson shall have been a citizen of the Unit~d

5 States 15 years and a legal resident of the state six y~ars 45

6 immediately preceding the election and shall have attained 46

7 the age or 30 years by t~e date of assuming office.

47

8

Paragraph V. Suc" s5100 to eU~ll:.:... gn''''9T. (a) 48

9

In case of the temporary dis~bility of the G~vernor as 49

10 determined in the manner prOVided in Section IV of thi5 50

JI article, the Lieutenant Governor shall exercise t~e powers 51

12 and duties of the Governor and receive the saM~ comoensation

13 as the Governor until such time as the temporary disabil1 ty 52

14 of the Governor ends.

53

15

(b) In case of the death, resign~ti~n. or 54

16 permanent disability of the Governor or the Governor-elect, 35

17 the Lieutenant Governor or the Lieutenant Governor-elect, 56

18 upon becoming the Lieutenant GOvernor, shall become the 57

19 Governor for the unexpired term.

58

20

(c) In case of the death, resignation, or 59

21 permanent disablli ty of both the' Governor or the 60

22 Governor-elect and the Lieutenant Governor or the Lieutenant

23 GQvernor-elect, the Soeaker of the House of Representatives 61

24 shall exercise the powers and duties of the Governor until 62

25 the removal of the disability or the election and 63

26 qualification or a Governor at a special election, ~~hich 64

27 shall be held within 90 days from the date on ~hich the

28 Speaker of the House of Representatives shall hav, assumed 65

29 the powers and duties of the Governor.

66

30

Paragraph VI. ~th of Qff~. The Governor and 67

31 Lieutenant Governor shall. before entering on the duties ..,r 6a

32 office, take such oath or affirmation as prescribed by law. 69

-33

SECTION II.

72

34

DUTIES AND POWERS of mVERNoR

73

- 2-

Paragraph I. ~~tlv~ nQw~LS. The chief 76

2 executive powers shall be vested in the Governor. Thp. othp.r 77

3 executive officers shall have such powers as ~ay be 7a

4 prescribed by this Constitution and by law, not incon~istent

5 wi th the powers ot the Governor as the chief exec'lt! V'l 79

6 ofticer of the state.

80

7

Paragraph II. Law entorc?m~ot. The Governor ~hall 81

8 take care that the laws are faithfully executed and shall be 82

9 the conservator of the peace throughout the state.

84

10

Paragraph III. Commanrler 1~~. The Governor 85

.II shall be the commander in chief of the military forces of 86

12 this state.

87

13

Paragraph IV. ~ power. Except as otherwise 88

14 provided in this Constitution, before any bill or resolution 89

15 shall become 13w, the Governor shall have the right to 90

16 review such bill or resolution intended to have the effect

17 of law which has been passed by the General Assembly. The 91

18 Governor may veto, aoprove, or take no action on any such 92

19 bill or resolution. In the event the Governor vetoes any 93

20 such bill or resolution, the General Assembly may, by a 94

21 two-thirds' 'Iota, override such veto as proVided i~ Article

22 rrI of this Constitution.

96

23

Paragraph V. ~ts of electiQo. The Governor 97

24 shall issue writs of election to fUl all vacancies that may 98

25 occur in the Senate and in the House of Representatives.

100

26

Paragraph VI. to ~rTIatlQn 2O~-IeCO~mA~ti?~~

101

27 the C~Qeral assembly. At the beginning of each regular 102

28 session and from time to time, the Governor shall give the 101

29 General Assembly information on the state ot the state and

30 recommend to its consideration such measures as the Governor 104

31 may deem necessary or expedient.

106

32

Paragraph VIr. Special 5ASS~o.L tM 0"'09"'';) 107

33

~~.

(a) The Governor may convene the Gener"!l 10.,

34 Assembly 1n sop-cial session by procla~ation which may be 109

- 3-

amended by the Governor prior to ~he convening of the IO~

2 specidl session or amended by the Governor with tL,~ a'Jprov'll II J

3 of three-fifths of the members of each house after the III

4 special session has convened; but no laws shall be enacted .112

5 at any such special session except those which relate to the III

6 purposes stated in the proclamation or in any amend~ant

7 thereto.

114

8

Cb) The Governor shall convene the General 115

9 Assembly in special session for all purposes whenever II~

10 three-fifths of the members elected to each house certify to 117

.II the. Governor in writing, with a copy to the Secretary of

12 State, that in their opinion an emergency eXists in the 113

13 affairs of the state. The General Assembly may convene 11;1

14 itself if, atter receiving such certification, the GovArnor 120

15 fails to do so within three days, excluding Sundays.

121

16

Cc) Special sessions of the General AssemblY shall 122

17 be limited to a period of 40 days unle.ss at the expiration 123

18 of such period an impeachment trial of some officer of state 124

19 Qovernment is pending. in Which event the House shall 125

20 adjourn and the Senate shall remain in session until such

21 tr1al is completed.

126

22

Paragraph VIII. Filling yaca~ias. Ca) When ~ny 127

23 public oftice shall beco~e vacant by death, resignat10n, or 123

24 otherwise, the Governor shall promptly f111 such vacancy 12g

25 unless otherw1se prov1ded by this Const1tution or by law; 130

26 and persons so appointed shall serve for the unexpired ter~

27 unless otherwise prov1ded by this Constitution or by law.

132

28

Cb) In case ot the death or w1thdrawal of a oarson 1~1

29 who rece1ved a majority of votes cast in an election tor the 134

30 off1ce of Lieutenant Governor, Secretary of State. Attorney 135

31

General, Commi ss10ner of Agr1culture, or of Co~m1CJs10.,er 13~

32 Laber, the Governor elected at the same election, uoon

33 becoming Governor, shall have the power to fill such office 137

34 by appointing. subject to t~e confirmation of the Senate, an 133

35 individual to serve for the unexcired term of office.

13~

Paragraph IX. Appointmeots bv ~~. The 140

2 '-".... vernor shall make such apoointments as are authorized by i41

3 this Constitution or by law. If a person whose confirmation 142

4 is required by the Senate is once rejected by the S~nate, 14'3

5 that person shall not be renominated by the Governor for

6 appointment to the sarne office untU the expiration of a 144

7 period of one year from the date of such reJection.

146

8

Paragraph X. In!Qrmation trom ortic~r~ ~ 147

9 employees. The Governor may require information in writing 143

10 from constitutional oificers and all other officers and 149

JI amployees of the executive branch on any sUbject relating to 150

12 the duties ot their respective oitic.es or employment.

151

13

SECTION I I I

153

14

OTHER ELECTED EXECUrrVE OFFICERS

154

15

Para9raph I.

Q1har Axe~llYe offlc~~~ 157

16 elected. The Secretary of State, Attorney General, Isa

17 Commissioner of Agriculture, Commissioner of Labor, and the 159

18 District Attorneys shall be elected in the manner orescribed

19 for the election of members of the General Assembly and the 160

20 electors shall be the sa~e. Except for District Attorneys, 161

21 such executive officers shall be elected at the same time 162

22 and hold their offices for the same term as the Governor.

16l

23

Paragraoh II. Qual1tlcatiQns. (a) No person 164

24 shall be eligible to the office of the Secretary of State, 16?

25 Attorney General, Commissioner ot Agriculture, Com~i5sioner 161

26 of Labor, or District Attorney unless such person shall have 167

27 been a citizen at the United States tor ten years and a

28 legal resident of the state for four years l~mediately 163

29 preceding election or a~pointment and shall have attained 160

30 the age of 25 years by the date of assuming office. All of 170

31 said officers shall t~~e such oath and give bond and

32 security, as prescribed by law, for the faithful discharqe 171

33 of the i r duties.

172

- 5-

.,'.',._- ,*---: ... _-----..-,. .._ - - - - - . ,~,,,,,,,

--,--:-._-~,,-,_."

---_._~.:--."":"":~-,----

-- - .- - _. - , - - -

Cb) No person shall be Attorney General unless 171

2 such person shall have been an active-status membgr of the 174

3 State Bar of Georgia for seven years.

J 75

4

Cc) No person shall be a District Attorney unless 175

,

5 such person shall have been an active-status member of the 177

6 State Bar of Georgia for three years immediately ~recedin9 179

7 such person's election.

IH

8

ParaQraoh III.

18i)

9 allowances of otb,r executive officers. Except as ot~erwise 181

10 provided in this Constitution. the General Assembly shall 182

./ I prescribe the powers. duties. compensation, and allowances IS1
(
12 of the above executive officers and provide assistance and

13 expenses necessary for the operation of the deoartment of

14 each. The District Attorneys shall be entitled to receive 185

15 such local suoplements to their comoensation and allowances ISS

16 as may be provided by law.

17

Paragraph IV. Attorn"Y eilOen). dllti .. S.

197
The I ~3

18 Attorney General shall act as the legal advisor of the 13~

19 executive department. shall represent the state in the 191

20 Supreme Court in all capital telonies and in all civil and

21 criminal cases in any court when reqUired by the Governor. 191

22 and shall perform such other duties as shall be reouir~d Oy 192

23 law.

191

24

25 immynity. There shall be a District Attorney tor each I~S

26 Judicial cirCUit, whose term shall be four ye~rs. The 19'5

27 successors of present and subsequent incumbents shall be 197

28 elected by the electors of their respective circuits at the

29 Qeneral election held immgdiately preceding the expiration 193

30 of their resoective terms. It shall be the duty (II' the 19;>

31

District Attorney to represent the state io all cri~inal 2')

32 cases in the superior court of suc~ District Attorney's

33 circuit and in all cases aopealed from the superior court 201

34 and the Juvenile courts of that circuit to the Supreme Court 202

- 6-

and Court of Aopeals and to perform. such other duties as 203

2 shall be required by law. Tne District Attorneys shall 204

3 enjoy such immunity from orivate suit as is nace~sary for

4 the performance of their duties.

206

5

SECTION IV.

208

6

DISABILITY OF EXECUTIVE oFFICERS

209

7

Paragraph I.

212

8 otticFlr." bot" jd.1.~. As used in this section, the term 211

9 ~elected constitutional executive officer" means the 211

10 Governor, the Lieutenant Governor, the Secretary of State,

II the Attorney General, the Commissioner of Agriculture, and 2JS

12 the Commissioner of Labor.

215

13

Paragraph II.

procFld'lre _!,Q:::..- deter:l1D.irlo 217

14 disability. (a) Upon a petit.1on of any three of the 21'3

15 officers listed in subsection (0) below to the Suprem3 Court 21;l

16 of Georgia that an elected constitutional executive officer

17 is unable to oerform the duties of office bAc~u5e of ~I 22:)

18 physical or mental disability, the Suoreme Court shall by 221

19 appropriate rule provide tor a soeedy and public hearing on 222

20 such matter, including notice of the nature and cause of the 223

21 accusation, process for obtaining witnesses, and the

22 assistance of counsel. EVidence at such hearin~ shall 224

23' include testimony from not less than three qualified 225

24 physicians in orivate practice, one of whom must bp A

25 psychiatrist.

226

26

(b) For the purpose of this ParAgraoh, the 227

27 officers who may PAtltlon the Supreme Court for a 2.'29

28 determination of disability of an elected constit~tion31 229

29 executive orficer shall include the following: any ~lected

30

constitutiona~ executive officp.r, t~e President ,f the 23~

31 Senate, and the S~eaker of the House of Reprec;entati ves.

232

32

Paragraph III. fffr-;:t Q.f_...Q!Ue.::m.i:lll i ?? 2f 211

33 ~~. If, after hearing the evidence on disability, 211

- 7-

the Supreme Court determines that ther!'! is a disablli ty a:'ld 235 2 tllat such elsaoi 11 ty is pqrmanent, the off ice sha 11 oe ;2 35 3 declared vacant and the successor to that office shall be 4 chosen as provided in this Consti tution or the laws e,~cted 237 5 in pursuance thereof. If it Is determined that the 239 6 dlsabll1 ty is not pernanent, the Supreme Court sha 11 23~ 7 determine when the disability has ended and when the otficAr
a shall resume the exercise of the powers of officA. During
9 the period of temporary disability, the powers of such 10 office shall be exercised as prOVided by law.
- 8-

IJ

2

"

3

Oct::>o'!r 27, 1980

12

4

ARTICLE V I.

14

5

JUDICIAL BRA,~CH

15

6

SECTION I.

IS

7

JUDICIAL PI)"/ER

17

ci

Panqraoh r. Ju1icial pQw.. r ?L~~ "t.,te. The 20

jU<Jicial power of the state shRll be v"stP.rJ FlvcllJ';ivelv i'1 21

10 tne following classes of courtsl magistrate c0urt". ,r0bAt'!

"

courts, i:lnd state courts, all of which cl~.,s.. ~ s'All b-

12

l1'111tp.d jurisdiction courts; suoeri0r cOllrts. \~"1ir."1 sh'lll

13 include a juvenile or filmllv court division; C0urt ()f

14 A::)geals; and Suo raMp. C"urt. The Gp.nAr~l Assembl'l, h,,''''e'fAr,

15 may establish or AuthorizA the establishment of ~U'1icinal 26

16 courts for the eXArcise of judicial po~er 0'1.. ,.. orjinanc'!

17

violations and it may authorize admini~tretiv'! aJ .. nci'!~ to

)~
-I

10 exercise quasi-Judicial pow'!rs, which cor.rrts "lnj aJ'!'1ci'!s 2'1

1-,) shall not be subjp.ct t::> the orovisions of thi~ articl'!.

29

20

Paragraon II. Uniti'!d ludiciaL,:u~.5W. All courts 31

21 of t,e state s"ll comorise a unified judicial sV5t .. ~.

22

ParaqraOll III.

23

Provided the JujJ,! is 3;

24 otherwise aualifie':J, a jlJdJe may exercis'! judicial I"l')w'!r in

25 any court uoon tne request and wit, the consent 'Of th'!

26 judges of t:13t c")urt an,j of th" juc:;.. 's 0"" C"lurt 'J'1'"!a,

27 rules ;:lrescriJ'!d ':)'1 the Suorp''''1e:our t. The t'!r"1 ;, j'lch"l." ""

28 used i, this artiCle, shall incluje Justices. JudJ'!s. 5"nio""

jUdges, '11Agist,atas, and everv otner such j~dl~l~l ")ffl~'! of j')

3U

whatever na~~ existing or cr~~ted.

31

P3r3::jraoh IV.

::ach

32

court 1l8Y ex~rclse !>'rc~ oO"~!'lrs as nece"sar" in ~id ")f its 41

- i-

2 3 4 5 6 7
8 ;;
10 II
12 13
14 13 16
17
18 I;;
20
21
22 23 24 25
26
27 28 2;; 30 31 32 "- 33 34

juris,jiction or to 9rotect 'Jr effectuate 1t$ judg'n'!"ltsl but d4

only the suoerior and a~oellat3 cnurts' sh~ll ~~v'! t~'! ~ow'!r 4~

to issue proce~s in the n~ture of mand~mus, or'Jnioitinn,

haoeas corpus, specific o'!rfor'll'9ncA, ouo ',~arr]nt,." 'lnd 46

injunction.

Pangr90h V. IJniI'oc'llity gf ..J.l.l.ri "d~',;,t1.Q.!L... ':l0''n". 4R

'!tc.j ~e, nova trials; oyerlaQQina....lJ.J.I:1.sdict1..2o~9... To'1'! .19
courts of each class and the juvenile or fa~ilv division of :J

the suoerior courts shall have uniform jurisiiction, 'Jowers. 31

rules of practice and orocedtJre, and selection.

qualifications, terms, and discioline of judge~. rnere 52

snall be no de novo trials in civil cases and, exc'!ot ;" t" 5'

suoerior courts, no overlaooing jurisdiction.

be orovided by law. rhe provisions of t~is P'9ra~r3C~ snaIL

oe effected b'/ 1'.1','/ or bv rule "Ii thin 24 months ..,1' the 35

effective date of this arti~le.

Paraqraph VI.

57

coyntyl court 5e"sioos. rhe state shall be ~ivijei into 33

judicial circuits, each of w~ic~ shall consi"t of n"t l'l-s 59

than one county and sh'.111 be comorised of all :ourt~ in that

circuit. Each county shall havA at least one ~aglstr'.lt'! 60

court, a probate court, '.lnd, where needed, a state co~rt. 61

In the absence of a state court, the sunerior court sh'lll 62

exercise' that jurisdiction. Each circuit s~'.lll ~'lV'.l '9t 63

least one suoerior court which sh'911 hol~ court at least 61

twice each year.

Paragraoh V I I Judicial clrcq1l'''. p,,>'tS. ~ 66

ludgesni os. Lr1 changed. Th!! General A"semb Iv.

67

certification of necessity by the Suoreme C,urt, ~'lv 63

abolis~, cre3te, consolidate, or 'll"dif'l ju':i~i!'Jl cl'':'.lits

and courts and judgeshl~sl ~ut no circuit ~~~ll consi~t "t ~)

less than one county. The ~bolition of !'J jujqe~hi~ sh~ll oa 70

effective only uoon the de~th, resi9natlon, retire~e'1t. Qr 71

conclusion of ter~ ~f an incumbent.

- 2-

Paragraph VIII. rt~~r of casps. Any court ~ay 73 2 transfer to the aopropriate court in thp. statp. 3ny case in 74 3 which it determines that jurisdiction or venue lies 75 4 elsewhere.

5

SEcrrON I I.

78

6

CLASSES OF COURTS OF LIMITED JURISDICTIO~

79

7

Paragraph I. JyrisdictiQn of cla~ses gf CJqrtS gf 82

8 limited jyrisdictiQo. The magistrate, probate, ~nd state 81

9 courts shall have such jurisdiction as provided by law.

84

10

SECTION III.

87

II

SUPERIOR COURTS

'38

12

Paragraph I. Jl!r1sd1~t1on of s~U~~. T"'l"! 91

13 suoerior courts shall have Jurisdiction in all caso.s, excp.ot 92

14 as otherwise proviaed in this Constitution. T"'lP.y shall have 91

15 exclusive jurisdiction over trials in fP.lony case~. in cases 94

16 respecting title to land, and in cases where the a~ount in 95

17 controversy e1{ceeds 5100,000.00. There shall bP. '! Juven1.lo.

18 or family diVision of the superior courts to w"'lic"'l 5"'1311 ~e 96 19 assigned juve~ile matters and suc"'l other matt~~5 relating to ~7

20 the family as prOVided by law. The suoerior courts shall ~3

21 have such aooellate jurisdiction, either alone or bv circuit

22 or district, as may be proviaed by law.

~Q

23

SECTION IV.

102

24

CoURT of APPEALS

101

25

Paragraoh I. Cn'1l(,)f'ls1t1?n ~Q'Jrt of 4-'12'1315; I)'S

26 Ch1ef Jydae. rhe Court f'lf 'npeals s~all consist ot not less 1)7

27

than nine jujges who shall e!o.ct from 3~onQ th.~5elve5 3 I)~

28 Chief Judge.

2~

Paragrao'"l rr. ~s a~ "",~c:u~~. The Court of 11)

30 Apo'lals may sit in panp-ls of not lec::s than t~r'l"! j'J:lJ"!S 35 1'1

31

or'!scri~ed bv la'" or, it ,"'lone, bv its r!!1"!5.

Parl!91'"3eh rrI. J\I'-isdictioD of ';oyrt ..aL. A,QI1'i1ii 111

2 decisions binding. The Court of Aopeals shall he ~ c~urt of Iii

3

review and shall exercise aoo~llp.te ~nd certiQrari 113

4 jurisdiction in all cases not reserved to the Suore~e Court

5 or conferred::>n other courts by law. Review of civ11 Casp.5 115

6 shall oe by aoplication for certiorari. The decisions of 117

7 the Court of Appeals insofar as not in conflict with those II~

8 of the Supreme Court shall bind all courts exceot the 119

9 5upre~e Court as precedents.

10

Paragraph IV. Certification of Ql.!a.stiQn to S!!Ote'a. 121

II ~. The CQurt of Aeeeals may certify a Question to the 122

12 Supre'lle Court for instructi'::ln, to which it shall then be 121

13 bound.

14

SECTI1N V.

12~

15

SUPREME COURT

127

16

Paragraph I. C,Q'Dpositiqn of SYQt':me CQurt; Ch1~t 110

17 .l.u~~5 Pres1iioa Jqstice; Quamm; Subst,1,tIJte lUd'4'~' The III

18 Suprer'le Court shall consist of not more than nine Justices 112

19 who shall elect from among themselves a Chief Justice as t~'! 111

20 chief oresidin~ and administrative officer of the court and

21 a Presiding Justice to serve if the Chief Justice is absent 135

22 or is diSQualified. A majority shall be necessary to hear 136

23 and determine C3ses. If a Justice is diSQualified in any 117

24 case, a SUbstitute judge '!lay be designated by the remaining

25 Justices to serve.

26

Paragraeh II. ~us1ve .appellate luris;HctiQQ Qf 13~

27 Sqpre')Je Coyrt. The Supre'l1e Court shall be a court I')f revie", 14)

28 and shall exercise eXclusive aoeellate jurisdictil')n in the 141

29 following cases'

30

( I) All cases in which a sentence of deat'1 '''as 141

31 imposed,

32

(2) All caSes involVing the construction of a 14;

13 tre3ty and all cases in which the constitutionAlity of a 14~

_4-

law, ordinance, or constitutional provision ~as b~en 1rawn 147

2 in question;

3

(3) All caSAS of election contest; and

Ij)

4

(4) All ciVil cases In which the stste or on~ of 151

5 Its agencies or officials is a princlc~l carty.

1~2

6

Paragraoh III. Gep!'ral "!Qpe!!ate lurisdictiM-.Q.t..

7 Sygrue CQyrt. Unless otherwise provided :,y la'.~, the 155

8 Supreme Court snaIl have aooellete jurisdiction nf cases 15'5

Involving wills, soecific oerfor~ance, title to land. 1~7

10 injunction, ":landamus, quo warrant". and prohlbl ticn. Review

II of civil cases shall be by a~pllcetion for certlor"!ri.

1~9

12

Paragraoh IV. Juri sdict ion oy!'r Ques!;tQns ...2!...-l.u 160

13 ~ state or f:ideral 30Q31lat3 coyrts. The Suorem'3 COllrt 161

14 shall have jurisdiction to answer any Question of law rro~ 152

15 any state or r~deral aooell"lte court.

16

Paragra;>h V. !3eyi<>w of cesA 5 1lJ Cnll""t of eJQe tls.. 164

17 [he Suoreme Court may review by certiorari CilS"lS in th~ 15'3

18 Court of Aopeals which are of ~ravitY or ~r",at oUblle

19 Imoortance or in which members of the Court of A~oeals are 1">7

20 evenly divided.

21

Paragraph VI. Decisions Qf ~.!.Hl.J:~"! ~?urt bindl:]?

loy

22 (he decisions of the Suoreme Court shall bind 911 ot~er 17J

23 courts as precedents.

24

In

25 [he Suore",e Court sha 11 prescribe rules of eVidenc"l for 'l11 173

26 courts, which rules shall be "!ft"lctlve unless 9nj until 171

27 changed by the court or vacated bY a two-thirds' vot":! In 175

28 each house of the Gener~1 Assembly.

2araqraoh 'fIll. Al~is;'iQ!L.t2~UU 931'" ,.,r Gu.:C.l.LU. I II ~~

30

173

31

32 discloline at attorneys.

'3

s~c:rr()N VI.

34

1:'12 I:n

- 'i -

Paragraoh I.

~loctlQnl

t~r,

Of -2tt1~

13'5

2

qualificatiQo~i comp~nsatioo ~~~~.

fhp. Attornav 137

3 <Jeneral shall be electe:i as orovidp.d in this Constituti")'1 1qq

4 for executive officers tor a tP.r~ of four years. The 1'39

5 Attorney General shall have been admitted to aractic"! in th"!

6

Supreme Court tor seven years. The co~~p.nsp.tion and I ~O

7 allowances of the Attorney Jener~l sh311 be arovidq1 by Idw 191
8 dnd shall not be decrqased during ~n i ncumbent'<; term of In

y orfice.

10

Paragraph rr. QrJties. The Attornev Genenl <;ha 11

J I oe the chief leQ31 officqr of the state and shall ~rovi1p.

12 legal representation and advice and cerfor." such othqr

13 duties as ?rovided by la'~ to 3nv branch of::lovern."qnt. The

14 Attorney General shall be an officer of each court 3n~ shall 197

15 aerfor." the duties attendant thereto and shall reoresent the 198

16 state in all civil cases and in criminal cases ',~:ien re(']lIir'!d I Q)

17 by the Governor.

18

Paragra?h III.

Qiscio!in"!.

ra~oY21.

~od 201

19 i DYo 1untary -l:Qt i re]ent. In addi tion to thp. orovl s 10M for 202

20 discipline, removal, and involuntarv retirement ov toe 20l

21 JUdicial Qualirications Commission, the Attornev General

22 shall be subject to the same constitutional prOVisions 20<1

23 therefor as aooly to executive officers.

24

sscrION V If.

2')7

25

o I SIR I CT ArroRNEYS

26

Paragraph I.

Number;

tar] ~ ~tflc~; 211

27 qUill!! ication:;; vacgoclall- compensat1.!2LL aod 'l111"'~aDC?'S. 212

2S ihere shall be a district attornev for p.~c" jurlici'll circuit 211

29 who snaIL oe elected circuitwiie for a t'lr~ of four Ve'lr3

30

anc snaIL nave ~ep.n adrni~tej to nr3ctice in th~ 3uorene 2 1 t

31

Court for fiv~ Y'l3rs. rhe district attorney s"'1ll se~v~ 21'i

32 until a success::>r is alJlv selected and qualifi"!:J. 'lac<'lncie" 21 '5

.13

shall ce tilled ov arooint~"!nt of t~~ C,vAr,or.

An

-5

!ooointse snaIL serve until Janu~ry I of th~ year toll~wing 217

2

21'3

3

atter such oqrson's aoooint~ent.

21 ;

4 allowances of the district attorneY shall be orovijed by l~~

and shall not.~e decreased durin~ Rn incumbent's ter~ of 220

6 office.

7

Paragraph II. Puti!>s. The district Ilttorney shall 2;>2

8 represent the state in the suoerior courts, the Cnurt of 223

Appeals, and the Suoreme Court, p.'(ceot ''1hen the ..;t'3ts is 224

10 represented by the Attorney General. and shllil oerform sr~~

II other services as provided by l"lw.

12

SECTro~ VIII.

~2'3

13

SELEt.::rION, T:::R',f, t.::OMPENSAnON, AND DISCIPLINE OF JU!')GES

229

14

Par"lgr1'loh I. Ele,tfonj term of ott.l.U. All J'Jdges

15 shall be elected on a nonpartisan basis for a term of siY 2'3'1

16 years beginning the next January 1 after their elqction; 234

17 prl)vided, howeve r, that judges of court s of U"1ited 233

Id

jurisdiction may by law be elected or may be anD'Jint~1 from

19 nominees certified as aualifled by a judicial ~o~in~tln0 23S

20 commission or commissions and may by law be ?iven s~orter 2"37

21

terms.

22

Paragraoh II. ~UiC'ltiQDS. All l'rl?'!..; exce'Jt

23 those of ma;listrate or orobate courts shall have oeen

24

admitted to oractice in the Suore~e :ourt for <;even Ve"lrS;

25 those jujges who have not been "ld"1itted to oractlce in the

26 Suoreme Court shall comolete oeriodic judici!!l tr3inin? ~..;

27

prescribed by Supreme Court rule as a condlti~n ~f ,ol~ln7

2d

29

whicn they are s~lected t'J serve. No jud~e sh~11 eng3?e in

30 the oractice of law.

31

Vacancies sh311 b~ 247

32

fill~d by 3noolnt~ent ot the Oover~or

cert1tlea as lualifled oy a Judicial n0l"1ln~ti:'):1 c"r-':'l.ic;si(')n

- 7-

which shall ~e cr3ated ~y the Governor. e~csryt t~at 24~

2 vacancies i~ limitp.d jurisjiction courts sh'lll b.. fill"'.l ':Iy 2'5J

3 the Goverl"lor or oy another a"')oo-intinq i'lgp.nt from no"'in'"es 2:;1

4

certified as lualifi",d by a judicial nominating crym~i~si...,n 25~

5 or commissions as provided by law.

Paragraoh IV. P"Irlod Of sAryicA Qf anQ?i1t~e<;. -\'1 254

7 aopointee to an el"lctive office shall serve until '! 2<=;<;

a successor is d'Ily selected and qualified and 'Jntil Janu'!rv

2'56

.; of t~e year following the next ~eneri'll p.lection w1ich is 257

10 more than si'(' 'nQnths after such o"lrSon'5 aopoint,ent.

.11

Paragraph V. Cgmpeosa~ion aDd-- allow,nc"<; of 25?

12 IUdQes. All judges shall receive como"lnsation 'l1d 260

13 allowances as ~rovided by law whic, shall not he '.lecreasad 261

14 duri~g the incumbent's term of otfice.

15

Paraqnoh VI. Judiei'!l Qualifll..lliQns Cd'''mi<;~l'''~i 253

16 ~rJ.~moosltion. The oower to discipline. ro.'ll,.,ve. '1nd 264

17 cause involuntary retirement of Judges. district attQ"'~"Ivs. 26'5

13 and the Attornev General shall be vested in thO! Judicial 2"S")

I'; ~ualifications Commission. Its membershio shall include at

20 least one Judge selected from and by AVery class of court 267

21 except the Suoreme Court. at least 0ne district attorn"ly 263

22 elected by the district attorneys. the i~'llAdiate

23 cast-president Qf the State Bar of GAoraia. i'lnd at le3'lt t'>lO 26~

24 nonla'>lyer citizens aooointe':l by the Gov"lrnor.

27:)

25

Paraqraoh VII.

Pisciptin.. ,

rem""vll, ~ 2n

26

involuntary rO!tirement ot~dqe5. dlstr~ attQ"'n9Ys~~ 273

27 Attorney GeoenL. Any Judge. district attornev. or th.. 2H

2d Attorney General ~aY be re'lloved. susoended. or oth.. rwis",

2" :iisciolined for '"'llU'ul misconduct in office. or 1'~'" "Ii It:'II 27:; 30 anJ oersistsnt :3ilure to oerfor'" the duties of ...,1'1'ioo.. 0: ~7"S

31

tor naoitual inte~oerancp..~", for c~nvIcti,.,n of a ~ri'~ 277

32

involving mryr~l turoitude. Any Judle "lav b", r",tir~1 for

13

disabilIty w~ic~ a ccnstit~tss serious ~nd lik",IY oer~~nAnt 273

34 interference "/i th the o'!r1'orm,'!nc'! )1' t"'l"l duti'!s ,of ry1'fice. 2n

35

rne Su~re"e CO'Jrt s:c~ll ~:!oot r'JI",5 of imcls'11sntati ...,n.

~-

Paragrapn VIII. &a..- Qr?ceSC:j revle'.., :7V Srm,.~m~ 2'31

2

~. No acti~n shall be taken aJ~in5t a lud~9, dic:trlct 2'32

3 attorney, or the Attorney GenerAL exceot aftar he3ri'1 and ~"l~

4

in a.ccordance ',"it'1 due oroce<:s of lat". No rqm"v~1 0" 28~

5 involuntary retirement shall occur exceot uoon order "r t'1e

6

Suoreme Court after revie~.

285

7

SECTION IX.

299

d

,GENERAL PROVISIONS

29;

;;

Paragraph _ I. A.dm.1Lli.stntlon oL....th.L Judicial

10 ~, tIlles ot Pt9 ctice and crQc.. dur<>. etc. j adyi~~ 'lad

II conseal-- of councilc:. The Judicial system shall be

12 administered bv the Suoreme Court, as orovide::l i, t'1ic:

13 Paragraoh. Not more than 24 months after t'1e effective date 2',;1";

14

hereof,

and

from

time

to

time

bv t'1p.re~ttp.r

~~end~e't,

the

296

15 Supre~e. Court sh'lll, with the advice and consent of the 297

16 council of the affected class or classes of trial courts, by 29'3

17 orjer adopt and pUblish rules of oractice and oroc'!:hlrq,

18

record keeping, and schedul~s of costs whic" shall o"~vide 29;1

19 tor the spee-:iy, efficient, and in",xopnsive resolution of 100

20 disputes and prosecutions. Each council shall be comorised 301

21 of all of t'1e Judges of the courts ~f that C13S<:. ['1e

22 General Assembly may by resolution aooroved by two-thirds' 3'J2

23 vote in both House and Senate vacate any rule.

3,::)"3

24

Para,]r':lph II. A.:m.t:opriC!tigns 1m: "ldiei;)l 3vSt9:"1j '3J5

25 court system oserV9:;. [he Ge!"leral A<:semblv sh'lll ""nu'llly 3')6

26 aporopriate sufficie!"lt funds for oeeration of the syste~ for VJ7

27 toe n~xt fiscal year and for adeCl1late facilities. Rav9"les

25

:::eri'/e:1 t1"'o'11 oce1"'''!tion of the con1"'t svst~." c:hall ')Q

2"

9'::oortioned ::J'lt"nan -,<; t~e state a~d the 1,=,c31 '1"V"1"'nm~nt3

30

o1"'ovi1ed by la~.

31

SESTWN X.

32

T2,\'ISITrON

- oJ -

Paragnoh I. ~tl-?f ntificati?o. 'In tM

2 effective date ?t t~is articlel

3

(I) Suoerior courts shi:!ll continue as slJ"p.-i')r ,19

4 courts and juvenile courts shall becomp. a division of the 11;1

5 suoerior courts of their resoective circuits.

6

(2) State courts s"l;;ll1 continue as state court.:;. 121

7

(3) [he Civil Courts of Richmond and aih~ countip.s 321

8 and the Municioal Courts of Sav:lnnah ;md Colu"1hus "l'1~1l 32 ~

9 become and be classified as state courts.

10

(4) Probate courts shall continue as orobRtp. 32'S

" courts.

12

(5) Municipal courts not otherwise named herein. 129

13 of whatever name, shall continue as and be denominated 32;1

14

~unicioal courts.

15

(6) County courts. justice of the oeace court.:;, 131

16 small claims courts, and ma]istrate courts ooeratinq on Julv 1'32

17 I, 1;>84, and the Recorder's Court of DeKalb Count'!. s"la 11 1 <1

13 oecoma and be classed as magistrate courts.

19

(7) Fro:n And atter Julv I, 1984, Article VI sh~tl <1'i

20 ]overn the judicial branch. Notwit"lstanding t"le arovisi"ns 11'S

21

of Article VI or the l~ws effectinq same, each jUdgp. "lolding <17

22 office on that date ShAll continue in office 'JI'ltil thp. ,1'3

23 eXoiration of the ter'll of office. as 9 judqe of the C:OIJ""t

24 havin~ the same or similar jurisdiction, exc:p.ot th;;lt

25

suoerior court judges then incumbent of ei1~t-yeAr ter'l1~

26 shall oe eligi~le tor election to eight-vear terms. Each

27 court not named herein shall cease to exist on Julv I, Iyg4,

23 or at the expiration of the term of the incurnnel'lt judqe,

2<,;

~hic"lever is 13ter; and its jurisdiction shall auto~Aticallv

3D 'Jass to the ne't c!)IJrt !)t the same or si"1ilar jurisdicti!")n.

31 in tne absence of "/hich CO!lrt it shall oass to th9 SU::lp.ri,.,r

32 court.

- ID -

LC 5 4170

J

CD /.1M I TTEE TO REV I SE ARTI CLE VII

12

2

FINAL DRAFT

13

3

NOVEMBER 13, 1980

14

4

"ARTICLE VII.

28

5

TAXATION AND FINANCE

29

6

SECTION r.

30

7

POWER of TAXATW'!

31

8

Paragraph I. laxation; limitatlgns on Qrants ~ 34

9

tax oQwers. The. state may not suspend or irrevocably 3S

10

give, grant, limit, or restrain tha right of taxation 36

II

and all laws. grants. contracts. and other acts to

12

effect any of these cur90ses are null and void. Exc!lct 37

13

as otherwise provided in this Constitution. the right of 38

14

taxatIon shall always be under the com91ete contr~l of 39

15

the state.

16

Paragraph rr. Taxing ogw~limiiad. (a) The 41

17

annual levy of state ad valorem taxes on t~ngibl!l 42

18

property for all purooses, exceot for def!lnding the 43

19

state in an emergency. shall not exceed one-fourth mill

20

on each dollar of the assessed value of the property.

44

21

(b) So long as the method of taxation in effect on 46

22

December 31. 1980. for the taxation of shares of stock 47

23

of banking coroorations and other monied c~pital co~ing 48

24

into co~petition with sue,", banking corool"'ations

25

contInues in effect, such shares and other monIed 49

26

capital may be taxed at an annual rate not exceeding 50

27

five mills on each dollar of the assessed value of t"l!l

28

property.

29

Paragraph I II. UOifQrmity;~~icati?o

52

30

w;ooerty. ( a) (I) All taxes shall be levied and S3

- I-

LC 5 4170

collected under general laws and all taxation shall 55

2

be uniform uoon the same class of sUbjects within 56

3

the territorial li~its of the authority 19vyinq th~

4

tax.

5

C2l Counties may be authorized by general I a'", 58

6

to levy and co llect business and occupational 59

7

license fees and license taxes in the

8

unincorporated areas of the counties. In the 60

9

absence of a general law, a county may be

10

authorized by local law to levy and co llect 61

.11

business and occupational 11 cense fees and 11 cens!! 62

12

taxes in the unincorporated area of the county.

13

Each amendment of local application to the 63

14

Constitution of 1976 or continued as a oart of the 64

15

Constitution of 1976 which authorizes a county to

16

levy a fee or tax as provided in thi s 65

17

sub-subparagraph C2l is hereby continued in effect

18

as statutory law until otherwise provided for by 66

19

law.

20

Cbl Cll Except as otherwise provided in this :58

21

subparagraph, classes of subjects for taxation of 69

22

property shall consist of tangible prooerty and one 70

23

or more classes of intangible personal e.-oeerty

24

including money.

25

C2l Subject to the conditions and limitations 72

26

specified by law, each of the following tvees of 73

27

property may be classified as a separate class of 74

28

property for ad valorem oropertv tax purooses'

29

CAl Motor vehicl~s. including tr3il9rs. 76

30

C8l Mobile homes other than those ~obile 79

31

homes which qualify the owner of the ho~e for 79

32

a homestead exemption from 3d valorem

33

ta xat ion.

- 2-

LC 5 4170

(C) Property owned by public utilities. 81

2

Such property may not be taxed on a ~re~ter 82

3

_ assessed percentage of value or at a higher

4

rate ot taxation than other properties.

83

5

(3) Ditterent rates, methods, and aS5ess~ent 85

6

dates tor different classes ot property may be 86

7

provided by law.

8

SECTIo~ II.

89

9

EXEMPTIONS FRO,\{ AD VALOREM TAXATION

90

10

Paragrar:;h I. Unaythorized tax exemptions void. 93

1I

Except as authorized in or pursuant to this 94

12

Constitution, all 1a" s exempting property trom ad 9'5

13

valorem taxation are void.

14

Paragraph II. ~,mQtioQs from taxation of prQperty. 97

15

(a) ( I ) Except as otherwise provided in thi s 98

16

Constitution, no property shall be exempted frQ~ ad 100

17

valorem taxation unless the exemption is aoproved 101

18

by two-thirds of the members elected to each br~nch

19

of the General Assembly in a roll-call vote and by 102

20

a majority of the qualified electors of the state 103

21

voting in a referendum thereon.

22

(2) Homestead exemptions from ad valorem 10'5

23

taxation levied by local taxing jurisdictions may 106

24

be~anted by local law conditioned upon aoproval

25

by a majority of the qualified electors residing 107

26

within the limits of the local taxing jurisdiction loa

27

voting in a referendum thereon.

28

(3 ) Laws subject to the reou i re'Tlp. nt of a 110

29

referendum as provided in this subparagraoh tTIay , II

30

originate in either the Senate or the House of

31

Representatives and shall not be SUbject to the 112

32

Governor's veto.

- 3-

LC 5 4170

(4) The requirements of this suboa~aqr~oh 114

2

shall not apply with resoect to a law which 115

3

codifies or recodifies an exemption oreviouslv

4

authorized in the Constitution of 1976 or an 116

5

exemption authorized pursuant to this Constitution.

6

(b) The grant of any exemption trom ad valorem 113

7

taxation shall be subject to the conditions, 119

8

limitations, and administrative procedures specified by

9

law.

10

Paragraoh III. Exemptions which may b- aythoriz~ 121

II

19cally. (a) (I) The ~overning authority of any county 122

12

or municipality, SUbject to the aoproval of a 124

13

majority of the qualified electors of such 125

14

polit1cal subdivision voting in a r .. ferendum

15

thereon. may exempt from ad valorem taxation, 126

16

including all such taxation levied tor educational 127

17

purposes and for state ourposes, inventories of

18

~oods in the process of manufacture or production. 12'3

19

and inventories of finished goods.

20

(2) Exemptions granted pursuant to thIs 130

21

subparagraph may only be revoked by a referendum 131

22

election called and conducted as provided by law. 132

23

The call for such referendum shall not be issued

24

Within five years from the date such exemptIons 113

25

were first grant-.d and, if the results of the 134

26

election are in favor of the revocation of such

27

exemptions. then such revocation shall be .. ffective 13'5

28

only at th~ end of a fiVe-year oeriod from the date 136

29

of such referendum.

30

(3) The implementation, administration, and 133

31

revocation of the exemotions authorized in this 139

32

subparagraph (a) shall be provided for by law.

33

Until otherwise provided by law, the arant of the 14:)

LC 5 4170

exemption shell be subject to the seme conditions. 141

2

limitations, definitions. end procedures ~rovided

3

for the Qrent of such exemption in the Constitution 142

4

of 1976 on June 30. 1983.

5

(b) Thet portion of Article VII. Section I. J 44

6

Paragraph IV of the Constitution of 1976 which 14:;

7

authorized locel 9xemptions for certain property used in

8

sol~r ener~ heating or cooling systems and in the 146

9

manufacture of such systems is adopted by this reference 147

10

as a pert of this Consti tution as comoletely as though 143

JI

incorporated in this Paragraph

This

12

subparagraph is repealed etfective July I, 1986.

149

13

Paragraph IV. Cq uent grope rty tax eumo t ions 151

,4

preserved. Those types of exemotions from ad valorem 152

15

taxation provided for by law on June 30. 1983, are 153

16

he~eby continued in etfect as statutory law until

17

otherwise provided tor by law,

18

SECTION II I.

156

19

PURPOSES AND METHOD OF STATE TAXATION

157

20

Paragraph I. Taxation, purposes tor which Q~ 160

21

~be exercised. Except as otherwise proVided in this 161

22

Constitution, the power 01' taxation over t~~ whole StAte 162

23

may be exercised tor any purpose authorized by law. Any 161

24

purpose tor which the powers of taxation over the whole

25

State coulj have been exercised on June 30, 1983, shall 164

26

continue to be a purpose tor which such powers may be 165

27

exercised.

28

Paragraph I I. Revenye -1C- be paid iot o lPperg l 167

29

t..um;L. (a) Except as otherWise provided in this 168

30

Constitution. all revenue collected from taxes. fees, 1M

31

and assessments for State purooses. as ~uthorized by

32

revenue measures enacted by the General Asse~blY, and 170

- 5-

LC 5 4170

all interest earned on such revenue shall be oaid into 171

2

the General Fund of the State Treasury.

3

(b) (I) As authorized by law 9roviding for th~ 173

4

promotion of anyone or more types of agricultural 174

5

products. fees. assessments, and other charges 175

6

collected on the sale or processing of agricultur~l

7

products need not be paid into the General FIJnd of 175

8

the State Treasury. The uniformity r~quire~ent of 177

9

this Article shall be satisfied by t~e aoplication

10

at the agricultural promotion program upon the 179

)1

affected products.

12

(2) As used in this suboaragraoh. 180

13

'agricultural products' includes. but is not 181

14

limited to, registered livestock and livestock

15

products, poultry and poultry products, timber and 192

16

timber products. fish and seatood, and the products 183

17

of the tarms and forests ot this State.

18

(c) As provided by law, additional penalties may 185

19

be assessed in any case in which any court in this Stat~ 186

20

imposes a fine or orders the forfeiture of any bond in 187

21

the nature of the penalty for all ottenses ag~inst the

22

criminal and traffic laws of this State or ot the 188

23

political subdivisions ot this State. The proceeds 199

24

derived from such additional penalty a<;sessments may be 190

25

allocated for the specific purpose of meeting any and

26

all costs. or any portion of the cost, ot providing 191

27

training to law enforcement ofticers and to prosecuting 192

28

officials.

29

Paragraph I II.

Q.I:,ots ~ couoties aod 194

30

municipaliti,s. State funds ~ay be granted to counties 195

31

and municipalities within the State. The grants 196

32

authorized by this Paragrap, shall be ~ade in such

,3

manner and form and SUbject to the orocedures and 197

- 6-

LC 5 4170

conditions specified by law. The law providing for any 198

2

such grant may limit the purposes for which the grant

3

funds may be expended.

4

SECTION IV.

202

5

STATE DEBT

203

6

Paragraph I. Pqrposes for which....d..!mL ;nay b.. 206

7

incyrred. The State may incur:

207

8

(a) Public debt without limit to defend the State 209

9

in an emergency.

10

(b) PUblic debt to supply a temporary defici t in 2.11

11

the State Treasury in any fiscal year created bY a delay 212

12

in collecting the taxes of that year. Such debt shall 213

13

not exceed, in the aggregate, five pflrce.nt of the total

14

r~venue receipts, less refunds, of the State Treasury in 214

15

the fiscal year immediately preceding the year in which 215

16

such debt is incurred. The debt incurred shall be 216

17

repaid on or before the last day of the fisc~l year in

18

which it is incurred out of taxes leVied for that fiscal 217

19

year. No such debt may be incurred in any fiscal year 21g

20

under the provisions of this subparagraph (b) if there 219

21

is then outstanding unpaid debt from any orevious fiscal

22

year which was incurred under the provisions of this 220

23

subparagraph (b).

24

(c) General obligation debt to acquire, construct, 222

25

develop, extend, enlarge, or improve land, ..""ters, 223

26

property, highways, buildings, structures, equipment, or 224

27

faclli ties of the State, its agencies, deoartments, 225

28

institutions, and of those State Authorities which were

29

created and activated prior to November 8, 1960.

22:;

30

(d) Guara:1teed revenue debt by guaranteeing the 229

31

payment of revenue obligations issued by an

32

instrumentality of the State if such revenue obliJations 230

33

are issued t~ finance:

- 7-

LC 5 4170

2 3 4 5 6 7 8 9 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 29 29 38 31 32 ,-... 33

CI) Toll bridges or toll roads.

232

(2) Land public transportation facilities or 234

systems.

(3) Water facilities or systems.

236

(4) Sewage facilities or systems.

239

(5) Loans to, and loan programs for, citizens 240

of the State for educational purposes.

241

Paragraoh II. state goneral obligation deb~ 243

~aranteed revenye debt; limitatiQns. Ca) As used in 244

this Paragraph and Paragraoh III of this Section, 245

'annual debt service requirements' means the total

principal and interest coming due in any St~te fiscal 246

year. With rogard to any issue of debt incurred wholly 247

or in part on a term basis, 'Annual debt service 248

requirements' means an amount equal to the total

principal and interest payments required to retire such 249

issue in full divided by the number of years from its 250

issue date to its maturity data.

Cb) No debt may be incurred under suboar~graohs 252

Cct and Cd) of Paragraph I of this Section or Paragraph 253

V of this Section at any time when thel

254

CI) Highest aggregate annual debt service 256

requirements for the then current year or any 2;7

SUbsequent year for outstanding general obli~ation

debt and guaranteed revenue debt, including the 25~

proposed debt, and the highest aggregate annual 259

payments for the then current year or any

subsequent fisc31 year of the State under all 260

contracts then in force to which the orovisions of 261

Article IX, Section VI, Paragraoh rCa) of the

Constitution of 1976 are aopl1cable, exceed 10 252

percent of the total revenue receiots, le5s refunds

of t:le . State Treasury in the fiscal year 263

- 3-

LC 5 4170

immediately preceding the year in which any such 264

2

debt is to be incurred.

3

(2) Term of the debt is in excess of 40 266

4

years.

5

(c) No guaranteed revenue debt may be incurred to 268

6

finance water or sewage treatment facilities or systems 269

7

when the highest aQQregate annual debt service 270

8

requirements for the then current year or any subsequent

9

fiscal year of the State for outstanding or proposed 271

10

guaranteed revenue debt for water facilities or systems 272

II

or sewage facilities or systems exceed one percent of 271

12

the total revenue receipts less refunds, of the State

13

Treasury in the fiscal year immediatelY preceding tha 274

14

year in which any such debt is to be incurred.

15

(d) The aggregate amount of guaranteed revenue 276

16

debt incurred to make loans tor educ!ltional purposes 277

17

that may be outstanding at any time shall not e~ceed 2713

18

$18,000,000, and the aggregate amount of guarantep.d

19

revenue debt incurred to purchase, or to lend or daposi t 279

20

a1sinst the security of, loans for educational purposes 280

21

that may be outstanding at any time shall not exceed 281

22

$72,000,000.

23

Par!lgraph III. ~e general obl1a~ debt ~ 283

24

gqaranteed reveQue debt; conditions uPQ.C... i ,,:suance; 284

25

sinking fu~ and reserve fynds. (a) (I) General 28'5

26

obligation debt may not be incurr'ld until 287

27

legislation is enacted stating the ourpose5, in 288

28

general or specific terms, for which such issue of

29

debt is to be incurred, specifying the ~a~imum 289

30

orincipal amount of such issue and appropriating an 290

31

amount at least sufficient to pay the highest

32

annual debt service reauirements for such l~sue. 291

33

All such approoriations for debt service purposes 292

- '} -

LC 5 4170

shall not lapse for any reason and shall continue 292

2

in effect until the debt for which such 293

3

appropriation was authorized sha 11 have b'!en 294

4

incurred, but the General AssemblY may r'!Deal any 295

5

such aDpropriation at any time Drior to the 296

6

incurring of such debt. The General Assembly sha 11

7

raise by taxation each fiscal year such amounts as 297

8

are necess~ry to pay debt service requirements in 298

9

such fiscal year on all general obligation debt 299

10

incurred pursuant to this Section.

JI

(2) CA) The General Assembly

shall 301

12

appropriate to a sD8cial trust fund to be 302

13

designated 'State of Georgia General

J4

ObliQation Debt Sinking Fund' such amounts as 303

J5

are necessary to pay annual debt service

16

reauirements on all general obligation debt 304

17

incurred under this Section. The sinking fund

18

shall be used solely for the retirement of 305

19

~eneral obligation debt payable from the fund. 306

20

If for any' reason the monies in the sinking 307

21

fund are insufficient to make, when due, all

22

payments reqUired With respect to such general 308

23

obligation debt1 the ~irst revenues thereafter

24

received in the general fund of the St~te 309

25

shall be set aside by the approori~te St~te 310

26

fiscal officer to the extent necessary to cure

27

the deficiency and shall be deoosited by the 3 J 1

28

fiscal officer into the sinking fund. The 312

29

.'!ooropriate State fiscal officer ~ay be

30

reQuired to set aside and apply such revenues 313

31

at the suit of any holder of any general 314

32

obligation debt incurred under this Section.

- Ie -

LC 5 4170

CB) The obligation to make sinking fund 316

2

deposits as prOVided in suboaragraph (2)CA) 317

3

shall be subordinate to the obligation imposed

4

upon the fiscal officers of the State pursuant 318

5

to the provisions of the second paragraph of

6

Paragraph ICa) of Section VI of Article IX of 319

7

the Constitution of 1976.

8

Cb) CI) Guaranteed revenue debt may not be 321

9

incurred until legislation has been en~ctp.d 322

10

authorizing the guarant.ee ot the specific issue of

II

revenue obligations then proposed, recitin1 that 323

12

the General Assembly has determined such 324

J3

obligations will be self-liquidating over the life

14

of the issue Cwhich determination shall be 325

15

conclusive), specifying the maximum princioal

16

amount ot such issue and aopropriating an amount at 326

J7

least equai to the highest annual debt service 327

18

requirements for such issue.

19

(2) CA) Each aopropriation made for the 329

20

pureoses of subparagraph Cb)C I) shall be paid 330

21

upon the issuance of said obligAtions into a

22

special trust fund to be designated 'State of 331

23

Georgia Guaranteed Revenue Dp.bt Common Reserve 332

24

Fund' to be held together with all other sums

25

similarly aopropriated as a common reserve for 333

26

any payments which may be recuired by virtue

27

of any guarantee entered into in connection 334

28

with any issue of guaranteed revenue 33?

29

obligations. No appropriations for the

30

benefi t of guaranteed revenue debt sha 11 lapse '336

31

unless repealed prior to the payment of the

32

aocroori3tion into the common reserve fund.

337

- II -

LC 5 4170

(8) If any payments are required to be 339

2

~ade from the common reserve fund to ~egt debt 340

3

service requirements on guaranteAd revenue

4

obligations by virtue of an insuffiCiency of 341

5

revenues, the amount necessary to cure the 342

6

deficiency shall be eaid from the common

7

reserve fund by the aopropriate State fiscal 343

8

officer. Upon any such payment, the common

9

reserve fund shall be reimbursed from the 344

10

general funds of the State within 10 days

JI

following the commencement of any fiscal year 345

12

of the State for any amounts so o~id; 346

13

provided, however, the obligBtion to m~ke any

14

such reimbursements shall be subordinate to 347

15

the obligation imeosed ueon the fiscal

16

officers of the State pursuant to the second 348

17

paragraph of Paragraph I(a> of Section VI, 349

18

Article IX of the Constitution of 1976 and

19

shall also be subordinate to the obligation to 350

20

~ake sinking fund deoosits for the benefit of

21

;enerel obligation debt. The aooropriate 351

22

State fiscal officer may be required to ~ooly 352

23

such funds as provided in this suboaraqraoh at 353

24

the suit of any holder of any such guarantAed 354

25

revenue obligations.

26

(C> The amount to the credit of the 356

27

common reserve fund shall at all ti~es be at 357

28

least eaual to the aagregate highAst annual

29

debt service requirements ~n all outstanding 35~

30

guaranteed revenue obligations entitled to the

31

oenefit of the fund. If at t~e end of any 159

32

fiscal year of the State the fund is in excess

33

of the required amount, the exce~s amount 360

- 12 -

.LC 5 4170

shall be transferred to the general funds of 361

2

the State free of said trust.

3

ec) The funds in the general obl1gation debt 363

4

sinking fund and the guaranteed revenue debt common 364

5

reserve fund shall be as fully invested as 1s 365

6

prac t ic able, cons.istent with the requirements to make

7

current principal and interest payments. Any such 366

8

investments shall be restricted to obl1gations 367

9

consti tut1 ng direct and genera I obl1gations of the 368

10

United States Government or obligations unconditionally 369

JJ

guaranteed as to the payment of principal and interest

12

by the United States Government, maturing no longer than 370

13

12 months from date of purchase.

14

Paragraph IV. Certain contracts prohibited. The 372

15

State, and all State institutions, departments and 373

16

agencies of the Stat3 are prohibited from entering into 374

17

any contract (except contracts pertaining to guaranteed 375

18

revenue debt) with any publ1c agency, publ1c

19

corporation, authority, or simllar anti ty 1t such 376

20

contract is intended to constitute security tor bonds or 377

21

other obli gat10ns i.ssued by any such publ1c I'Igency, 378

22

public corooration, or authority and, 1n the event any

23

contract between the State, or any State institution. 379

24

department or agency of the State and any oublic agency, 380

25

puolic corooration, authority or similar entity, or any

26

revenues from any such contract, is pledged or a~signed 331

27

as security for the repayment of bonds or other 382

28

obl1gat.1ons, then and in either such event, the 383

29

acoropriation or expenditure of any funds of the State

30

tor the payment of obligations under any such contract 384

31

shall likewise oe prohibited.

32

Paragnph V. ReflJOd1.l:l~ot debt.. SUbject to the 386

33

limitation contained in subparagraph IIeb) of this 387

- 13 -

LC '5 4170

2 3
4
5 6. 7 8 9
10 II
12 13 14 15 16 17
18
19 20 21 22 23 24 25 26 27 28 29 30 31 32 '-- 33

Section. t~e State may incur genetal obligation debt or 389 ~uaranteed revenue debt to fund or refund any such debt or to fund or refund any obligations issued ucon the 389 security 01' contracts to which the provisions of the 390 second paragraph 01' Paragraoh ICa), Section VI. Article 391 IX 01' the Constitution of 1976 are acplicable. The 392 issuance of any such debt tor the purposes of said funding or refunding shall be subject to the 10 oercent 393 limitation in Paragraph II 01' this Section to the same 394 extent as debt incurred under Paraqraoh I I' provided. 39'3 however, in making such coMputation the annual debt service requirements and annual contract payments 396 remaining on the debt or obligations being tunded or 397 retunded shall not be taken into account. The i~suance 01' such debt may be accomplished by resolution of the 309 Georgia State Financing and Investment Commission without any action on the part 01' the General Assembly 400 and any appropriation made or reauired to be made with 401 respect to t~e debt or obligation being tunded or 402 refunded shall immediately attach and inure to the benefit of the obligations to be issued in co.nnection 403 with such tunding or refunding. Debt incurred in 404 connection with any such funding or refunding shall be the same as that originally authorized by the General 405 Assembly (except that genera.! obligat ion debt '1Iay be 406 incurred to fund or refund obligations i~sued uoon the 407 security 01' contracts to which the prOVisions of the second paragraph 01' Paragraph ICa). Section VI, Article 403 IX 01' the Constitution 01' 1976 are aoclicable and the 409 continuing approcriations reqUired to be made under the said prOVisions 01' this Constitution shall im'1lediatelv 410 attach and inure to the benetit of the obligation to be 411 issued in connection with such funding or refunding with 412
- 14 -

LC 5 4170

2 3
4
5 6 7 8 9 10
(
JI
12 13 14 15 16 17
18 19
20 21 22 23 24 25 26 27
28 29
30 31 32 33

the same force and effect as though said obligations so 412 funded or refunded had originally been issued as a 413 general obligation debt authorized hereunder). The term 414 of a funding or refunding issue pursuant to this 41'5 Paragraph shall not extend beyond the term of the 41'5 original debt or obligation and the total interest on the funding or refunding issue shall not excaed the 417 total interest to bl! paid on such original debt or 413 obligation~ The principal amount of any debt issued in 41~ connection with such funding or refunding m~y exc~ed the 420 principal amount being funded or refunded to the extent necessary to provide for the payment of arw premium 421 thereby incurred.
Paragraph VI. faith and credit ~ State gladged 423 debt may be validated. The full fa ith, cradit. and 424 taXing power of the State are hereby pledged to the 42'3 payment of all public debt incurred under this Article and all such debt and the interest on the debt sh~ll be 426 exempt from taxation. Such debt may be validated by 427 Judicial proceedings in the manner provided bv law. 423 Such validation shall be incontestable and conclusive.
Paragraph VII. Georgia State EioanciO? aod 430 lnYestment Commission! duties. There shall be a Geor?ia 431 State financing and Investment Commission. The 432 Commission shall consist of the Governor. the President of the Senate, the Speaker of the Youse of 413 Representatives, the State A'Jditor, thl'! Attorney 434 General. the Director. Eiscal Division. Deoart:nent of Administrative Services. or such other officer as ~av be 435 designated by law, and the Co~missioner of Agriculture. 43 ') The Cqmmi ssion shall !:le responsi!:lle for the i ssu,nc~ of all public debt and for the proper aoplication, as 437 provided by law. of the proceeds of such debt to the 433
- 15 -

LC 5 4170

purposes tor which it is incurred; orovided, how~v@r, 439

2

the proceeds trom guaranteed reve nue obl1~ations sha 11

3

be paid to the issuer thereot and such procseds and the 440

4

application thereof shall be the responsibility of such 441

5

issuer. Debt to be incurred at the same time for more 442

6

than one purpose may be combined in one issue without

7

stating the purpose separately but the proceeds thereof 443

8

'!lust be allocated, di~bursed and used solelY in 444

9

a~cordance with the original purpose and wi thout 445

10

exceeding the principal amount authorized for each

.11

purpose set forth in the authorization of the General 446

12

Assembly and to the extent not so used shall be usej to 441

13

purchase and retire public debt. The Co~mission shall

14

be responsible for the investment of all oroceeds to be 448

15

administered by it and, .as provided by law, the income 44~

16

earned on any such i nve stments may be used to oay 450

17

operating expenses of the Commiss ion or placed in a

J8

common debt retirement fund and used to purch'!se and 451

19

retire any public debt, or any bonds or obl1gat ions 452

20

issued by any public agency, public corooration or 45'3

21

authority which are secured by a contract to which the

22

provisions of the second paragraph of Paragraph I(a) of 454

23

Section VI, Article IX of the Constitution of 1976 are 45'5

24

aopl1c able. !he commission shall have such ~dditional

25

responsibilities, powers, and duties as are provijed by 456

26

law.

27

Paragraph VIII. State aid forbidden. Exceot as 459

28

provided in this Constitution, the credit of the State 459

29

shall not be pledged or loaned to any individual, 460

30

company, c~rooration, or association. The St~te shall

31

not become a joint owner or stockholder in or with any 462

32

individual, company, association, or corooration.

- 16 -

LC 5 4170

Paragraph IX. Construction. Paragraphs I throu~h 464

2

VIII of this Section are for the purpose of providing an 465

3

effective method of financing the State's needs and 466

4

their provisions and any law now or hereafter enacted by 467

5

the General Assembly in furtherance of their provisions

6

shall be liberally construed to effect such purcose. 468

7

Insofar as any such p.rovisions or any such law may be 469

8

inconsistent with any other provisions of this 470

9

Constitution or of any other law, the provisions of such

10

Paragraphs and laws enacted in furtherance of such 471

IJ

Paragraphs shall be controlling; provided, however, the 472

12

provisions of such Paragraphs shall not be so broadly 473

13

construed 3S to cause the same to be unconsti tutional

14

and in connection with any such construction such 474

15

Paragraphs shall be deemed to contain such imclied 475

16

limitations as shall be required to accomol1sh the

17

foregoing.

18

Pangraph X. Assumption of-~~ forbiddeo; 4.77

19

exceptions. Except as spec !fic a 11 y authorized by 478

20

general law enacted by a vote of two-thirds of the 479

21

members elected to each house of the General Assembly,

22

the State shall not assume any debt of any county, 480

23

municipality, or other political subdiVision of the 481

24

State.

25

Paragraph XI. Section not to tlOlawfully hpair 481

26

Qatracts ~ reyiyp obligations prev1Q~ly voided. The 484

27

provisions of this Section shall not be construed so as 485

28

to I

29

(a) Unlawfully impair the obligation of any 487

30

contract in effect on June 30, 1983.

31

(b) Revive or permit the revival of the obligation 489

32

of any bond or security declared to be void bv the 490

33

Constitution of 1976 or any previous Constitution of 491

34

this State."

- 17 -

2
3
'-"

CO/H.H TTEE To REV I SE ART! CLE VI II

10

FINAL DRAFT

.11

November I. 1930

12

4

. SECTIDN I.

14

5

PUBLIC EDUCATIrJ1~

15

6 7 8 9 10 11 12
"-
13
14 15 16
n
10
19 20

Paragraph I .

.18

Q.,OOortunity .2!..ilh!ll.LL dl scrimi '1at!.2rlLJ.l:3.LDUhli c eouc atJ.Q.o. 19

QLiUL-i~~~ suognrt by tax~tl2n. A gp-no.ral diffusion 20

of knowledge bp.ing essential to the oreservation of the

r{ghts and liberties of the people. it shall be the gOAl of 21

the State of Georgia to provide all citizens thp- opoortunity 22

tor educational developllent to the limits of their 23

capabilities without discrimination. The orovision of an 24

adequate public education -for the citizens shall be A

primary oblig3tion of the State of Georgia.

Puolic 25

educat ion for the citizens prior to the colle1e or 26

~ostsecondary level shall be free. the exop-nse of which

shall be provided for by taxation. The expense of other 27

pUblic education shall be provided for in such manner anj in 28

such amount as .:nay be provided by 10'.'1.

21 "- 22
23 24 25 26 27 2H 29 30 31 "'- 32 13

SECTION I I.

3\

SrATE BOARD OF EDUCA [ION

32

Paragr"lph I. State 80"lrd I")f !;ducation. (a) Thp-re 35 shall be a Statp- BORrd of Education which shall cnnst~t of 36 one member from each congressional district in the state. 37 appointed by the Governor by Rnd With the advice and consent 38 of the Senate. rhe Governor shall not be a llemher of said board. The members in office on June .10, .1983. shall sl'!rve out the remainder of their res~ectiva terms. As e~ch ter~ 40 of.office exoires, the Governor shi311 ar-ooint ~ SUCCeSS'"lr as 41 herein provided. All such terms of m'!moers shall be for 42 seven years. I'~embers shall serve IIntil their successors i'lre appointed and Qualified, provided that members sh~ll' be 43

- I-

subject to removal from office upon the affir~~tive vote of 44

2

a majority ot the qualified voters of their con~ressional 45

3 district voting thereon in a referendum called pursuant to 4 the method provided for the recall of. p~blic alected 46

5 officials. In the event of a vacancy on the board bv death, 47

6

resi~nation, removal, or any reason ather t~an exoir.,tion of 48

7 a member's term, the Governor shall fill such vacancy; and 49

8 the person so aopointed shall serve until confirmed by the

9 Senate and, upon confirmAtion, sh.,ll serve for the unexpired 50

10 term of officR. The mf!mbers of the State Board of EducCltion 51

II shall be citizens of this state wh~ shall hAve residf!d in 52

12 Georgia continuouslv for at least five years preceding their

13 aO;:lOintment. ~o person employed in a professional capacity 53

14 by a private or public education institution, 0r bv th"! 54

15 State Department of Education, or by a sch001 boo.k 55

16

pUblishing concern and no person w~ose C1oooint~ent would 56

17 create a conflict of interest for such cerson as defined by 57

18 law shall be el.igible for appointment to or service on said 19 board .

20

Cb) The State Board of ~dLlcation shall hwe suc,", 59

21 powers and duties as provided by law.

60

22

Cc) fhe State Board of Educiltion shall be 62

23 responsible for the development, administration, and 63

24 coordination of state vocational-technical educiltion

25 programs.

26

Cd) The State Board of Education mav accent 65

27 bequests, donations, grants, and transfers ~f land, 66

28 bUildings, and other property for the use of the state 67

29 educational system.

30

Ce) Except as herein provided. the qualifications, 69

31

compensation, removal from officp., and POWp.rs and duties of 70

32 the members of the board of p.ducation shall be as provided 71

33 by law.

34

SEcr ION I I I.

74

35

SlAl"E SCHOOL SUPERINfENDENT

75

- 2-

2 3.
4
5 6 7 8 9
10 11 12 13 '- 14 15 16 17 18 19 20 21

Paragraph I. St"lte SchQol Sllf)p.rj ntp.(lQp.nt. There 78

shall be a State SchQoI Suop.rintp.ndent whQ shall be 79

apPQinted by the State BOard Qf EducatiQn, by and with the 80
. advice and consent Qf the Senate. The State Saari of
EducatiQn may orescribe the Qualifications, term of "ffice, 81

causes and method Qf re~oval,. duties, authority, 'lnd 82

cQmpensatiQn and all"wances of the

Schnol

Superintendent, provided that nQ cerSQn m"ly hQld the office 83

of State School Superintendent tQr ~ore tha~ fnur 84

consecutive years without being reconfirmed by the Sen,te.

In case Qf 3 vacancy in such oosition for anv reason, the 85

bQard shall aoooint a new State School Superintendent who 86

shall serve immediately and until the Senate shall have 87

acted concernin~ such person's cQnfirmation. No mem~er Qf 88

the State g~ard Qf EducatiQn shall be eli~ible for

appointment as State SchQolSuperintendent during the time 89

fQr which such ~ember shall have been aooointed. The State 90

School Superintendent in Qffice Qn June 30, 1981, shall 91

continue in office fQr the remainder of the terrn to which

elected, at which time the State SchQol Superintendent shall 92

be appQinted as hereinabQve prQvided.

93

22
- 21 24

SEcn ON I If.

96

BOA RD () F RiGENTS

97

Paragnph I. !.!.oivusit~LSy<;te"'1-O..f Gp.or.oi.:U.--.hQud 100

25

~rerJents.(a) There shall be a Board of Regents of the 101

26

Univ~rsity System of Geor~i::l "Ihich s:'all cQnsist of one 102

27 member from each cQngressional district in the state and 101

28

fiye a1ditional members fro~ th~ state at large, a~~oi,ted

29 by the Governor, subject tQ confirmation by the Senat"!. The 104

30 . GovernQr shall not be a member of said board. T~e ~e~bers 10')

31

in office on June 30, 1983, shall serve out the remainder of 106

32 their respective terms. As B'lch term of Qffice exoires, the 107

33 Governor shall apPQint a successor as herein orovidad. All

34 such terms Qf members shall be for seven vears. Members 103

35 shall serve until their successors are aopointed and 109

36 qualified.

- 3-

(b) [he board of regents s'1Cl11 hClve tfle excl'Jsive I J 1

2

authority to create public college~, junior colle185. and .112

3 universities in the State of Georgia. The q0vern~ent. 111

4 control, and mana1ement of the University SY5te~ of Georqie

5 and all of the institutions in said system shi'lll be vested 114

6 in the Board of Hegents of the Univf1rsity Svste'1 nf Georgia. . J 15

7

(c) [he board at regents shall have the DOwers and 117

8 duties as provided by law eXisting at the time of the 118

9 adoption at the Constitution of 194 5. together with such 119

10 further powers and duties as may now or hereafter be

II

proviJed by law.

12

(d) The board of regents may accept be~uests, 121

13 donations, grants, and transfers of land, bUildings, and 122

14 other property for the use of the University Syste~ of 123

15 Georgia.

16

(e) The qualifications, cO~Densation. and re~oval J 25

17 from office of the members of the board of re?ents sh311 be 126

18 as provided by la'-I.

19

SECTION V.

129

20

LOCAL SCHOOL SYSfEMS

130

21

Par 39 r a ph 1.

Sc lli2cll.-~Y1ill!.'l..fi--.. c ') n ti nJ.m.d..i. 111

22

~~Q.l1si1it..ll1.tL~~ffi.QQLs.:llliID..S.-aJlthQri zed; new i'1de')enQ.mj; 134

23 school systems .o[Ohibi ted. Authori ty is granted t-:> county 115

24 and area ooards at education to establish and meintain

25 public schools within their limits. Existing cO'rnty and 136

26 independent 'school systems shall be continued. exceot that 137

27 the General Assflrnbly may, by general or 'loc'll law. or'Hid';! IB

28 for the consolidation of any two or morp. county 5chool 119.

29

systems, independent school systems, or any c0~bin'ltion

30 thereof into a single county or area school system ~nder the 140

3 J control and management of a cou,ty or area oO'lri of 141

32 education. No such consolidation shall beco'lle qffectivp., 142

'B until approved by. a majority of the voters voting In a

34 referendum in each seoarate school. sY5tem being 143

35 consolidated. Any county or area school sYstem so 144

- 4 -:

2 3
4 5 6 7 8 y 10 II 12
13
14
15
16 17 18 19 20 21
- 22 23 24 25 26 27 28 29 30 31 32 13
-- .14
15 36

estRblished shall constitute a sp.oarate nolitieal I 4~

subdivision of this state, and the school syr,tems 145

incorporated t~erein shall stand abolished, and title to ~ll 146

school properties and assets therein shall vest in the 147

county or area board of education. No indeoendent school

system shall hereafter be established.

14~

Para~raph II. ~rds of ~~. Eac~ school -150

system shall be under the management and control of a board 151

of education, the memberS of which shall be elected or 152

appointed as prOVided by law. School board memhers sh~ll 153

reside within the territory embraced bv the school system

and shall have such other and further Qualifications as ~ay 154

be required by la~. Paragraoh I I I. ~QQQL..5.1!oer.intfilldent5.. (i'I) Ther"! 155

shall be a school superintendent of each system who shall be 157

appointed by Ule members of the board of p.ducation of s'Jch 159

school system. The school suoerintendent shall be the 159

execut.ive officer of the board of education and shall have

such qualifications, powers, and duties as prOVided by 16Q

general la~; but the board of education of each system may 161

prescribe the term of office Rnd causes ~nd method of 162

removal of the school superintendent t~ereot.

(b) All school suoerintendents in office on June 164

3D, 1983, shall serve out the remaind"!r of their respective 165

terms. As eac~ term of office exoires, a successor shall be 166

appointed as provided in this Paraqran~.

Para;)raph IV.

The 16'3

composition ot school b03rds, the term of oftice. 3nd the 169

methods of s~lecting board me~ber5, including w~ether 170

elections shall De partiSAn or no ncH'lrt i s'ln, sha 11 be as 171

prOVided by lAW apPliCAble thp.ret~ on J~ne 10. 1983. but ~'lv

be chfmged thereafter only by local la"~' condi tioned lIoon In

approval by 3 majority ot the qualified voters votin;) in a 173

referendum in the system affected

ParAg;ar)h V. .e.Q:~eLQ.L.b..Q.at;:lc; to _contracL~illL9.3b 175 Q.truu:.. (a) Any two or more boards of educ 'It Ion r.1ay 176

- 5-

Paragraph V. fgwer of boards to contract with eAch 175 2 Qihu. (a) Any two or more boards of education may 176

3 contract with each other for the care. education, and 177 04 transportation of pupils and for such other activities as 178

5 they may be authorized by law to perform .

6

(b) The General Assembly may provide by general or 180

7 local _ law tor the sharing of facilities or services by and 181

8 between local boards of education under such joint 182

9 administrative authority as may be authorized.

10

Paragraph VI. power of boards to accept beQue~ 184

.J I ,donations. grants. and transfers. The board of education of 185

12 each school system may accept bequests. donations. grants. 186

13 and transfers of land. buildings, and other property for the 187

14 ,use of such system.

15

Paragraph VII. ~tl!!l schoQU. (a) The General 189

16 Assembly may provide by general or local law for the 190

17 creation of special schools in such areas as may require 191

18 them and may provide for the participation of local boards

19 of .education!n the estabUshmentof such schools under such 192

20 terms and conditions as It may prOVide.

193

21

(b) Notwithstanding subsection (a) above, no 195

22 political subdivision may be authorized to incur bonded 1.96

23 indebtedness or may. require the levy of a school tax for the 197

204 support of such schools Without approval by a majority of 198

25 the qualified voters voting 'ina referendum held thereon in.

26 each of the systems affected. Any such schools shall be 1.99

27 operated in ~onformity with regulations of the State Board 200

28 of Education pursuant to prOVisions of law. The state is 201

2~ hereby authorized to expend funds tor the suoport and

30 maintenance .of such schools in such amount and manner as may 202

31 be provided by law.

32

(c) Nothi.ng contained herei n sha 11 be construed to 204

33 al'tect the authority of local boards of education or ot the 205

304 state to support and maintain special schools created prior 206

35 to June 30, 1983.

- 6-

SECTION Vl.

209

2,

LOCAL TAXATION .FOR EDUCAtION

210

',,--, 3
4 5 6
7
8 9 10 JI 12 13 '14 15 16
/17 18
1 19 20 21 22 23 '- 24
25 26 27 28 29 30 31 32 33 3 4 ~. 35

Paragraph I. L~ taxation for education. (a) 213

The board of education of each school system shall annually 214

certify to its fiscal 'authority or authori ties a school tax 215

not gre ate r than, 20 mills per do llar for the support and 216

maintenance of education. Said fiscal authority or

authori ties shall annually levy s,aid tax upon the asse.ssed 217

value of all taxable property within the territory served by 218

said school system, prOVided that the levy made by an area 219
board ot education, which levy shall not be greater than 20

mills per dollar, shall be in such amount and Within such 220

limits as may be prescribed by local law applicable thereto. 221

(b) School tax funds shall be expended only for 223

the support and maintenance .of public schools, public 224

.e.ducation, and activities necessary or incidental thereto, 225

including school lunch purposes.

Cc) The 20 mill limitation provided for in this 227

Paragraph shall not apply to those school systems which are.228,

authorized on June 30, 1983, to levy a school tax in excess 229

thereof.

Cd) The method of certification and l.evy of the 231

SChool tax prOVided for in .this Paragraph shall not apply to 232

those systems that ,are authorized on June 30, 1983, to 233

.utilize a different method of cert1ficatio.nand levy of such 234

tax, but the General Assembly .may by general or local law

require that such systems be brought into conformity With 235

the method of certification and levy herein prOVided.

236

ParagraphII. Increasing ~tAmoying t~x~. 238

The 20 mi.ll limitation prov.1ded in Paragraph I may be 239

increased or removed by action of the ,respect! ve boards of 240

e.ducation, but only atter such acti.on has been approved by a

majority of the qualified voters voting in a referendum held 241

.In the manner prOVided by law in the particular school 242

system to b.e affected.

- 1-

J.
2 3

ro C(I'~MITIEE

REVISE ARTl..CLE...il

8

FINAL DRAFT

9

December 1. 1980

10

4

SECTION 1.

12

5

COUNTIES

13

6 7 8 9 10 '~ 11 12 13 14 15 16 17 18 19 20 "--' 21 22 23 24 25 26 27 28 29 30 31
--- 32
33 34

Paragraph I. CQunties a body corporate and 17

pQlitic. Each cQunty shall be a body cQrpQrate and pQlitic 18

with such gQverning authQrity and with such powers and 19

limitatiQns as are provided in this CQnstitution and as 20

prQvided by law. The Qoverning authQrities Qf the several

cQunties shall remain as prescribed by law Qn June 30. 1983, 21

until Qtherwise provided by law.

Paragraph II. Number of counties lim1ted; count~ 23

QQundsries and cQunty s1tesl ~Qunty CQnsolidation.

24

[here shall nQt be mQre than 159 cQunties in this state.

25

(b) Tne metes and bQunds Qf the several counties 27

and the cQunty sites shall remain as prescribed by law on 28

June 30, 1983, unless changed pursuant tQ a general law.

29

(c) [he General Assembly may prQvide bv law for 31

the cQnsQlidat iQn Qf tWQ Qr mQre cQunties into one 0r til.. P

divisiQn Qf a county and the merger of portions thereof into <3

other cQunties under such terms and cQnditions as it may 34

prescribe; but nQ such cQnsQlidatiQn. division. or merger 35 shall becQme effective unless aoprQved by a majority of the

qualified voters~oting thereon in each of the counties 36

prQpQsed tQ be consQlidated, divided, Qr merged.

37

Paragraoh I I I

39

Q~satiQn. (a) The clerk Qf the suoeriQr court, judge Qf 40

the prQbate cQurt, sheriff, tax receiver. tax collector, and 41

tax cQmmissioner, where such Qffice has replaced t~e tax 42

receiver and tax collectQr. shall be elected by the

qualified vQters Qf their resoective counties for terms of 43 tour years and shall have such qualifications! powers. anrl 44

duties as provided by general law.

- 1-

(bl ~inimum com~ensation for said countv officers 46

2

shall oe establish~d by the General Assemblv by qeneral law.

.-47

3 Such minimum compensation may be sunplemented bY local law 4

4 and, if such authority is dele~3ted by local law, by action 49

5

of the county ~overning authority.

6

(c 1 rne General Assembly may consolidate the 51

7 offices of tax receiver and tax collector into the otfice of 52

8 tax commissioner.

9

Paragraph IV. ~1Yil seryjc a systams. The General 54

10 Assembly may by general l~w authorize the establishment bv 55

.11

county governin~ authorities of civil service

56

12 13

covering county employses or covering county employees and employees of the elected county officers.

-57

14

SECTION I I

60

15

HOME RULE FOR COUNrrES AND MUNICIPALITIES

61

16

Paragraph I.

authQri zed -t.a. 64

17 ~oate its gower. The General Assembly is 1'luthoriz"!rJ to 65

18 enact general laws providing for the self-1overnment of M

19 counties or municipalities, or both, and to that end is 67

20 expressly given the authority to delegate its power so that

2\ matters pertaining to counties or municipalities, or both. 68

22 may be dealt With Without the necessity of action by the 69-.

23 General Assembly.

24

Paragraoh II. Supplementary powers. (a 1 In 71

25 addition to and supplementary of all powers Dossess"!d by or 72

26 conferred upon any county, municipality, or any combination 73

27 thereof, any county, municipality, or any combiniltion

28 thereof may exercise the following Dowers and provid"! the 7<1

29 following services:

30

(I) Police and tire orotection.

76

31

(21 Garbage and solid waste collection ilnd 78

32

disposal.

-

33

(31 Public health facilities and services, 30

34

including hospital5. ambulance and emer:::iency r"!scue 31

35

services. and animal control.

- 2-

2 3
4
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22
- 23 24 25 26 27 28 29 30 31 32 33
""......
34 35

(4) Street and road construction and 83 maintenance, including curbs, sidewalks. strp.et 84

lights, and devices to control the flow of tr~ffic

on streets and roads constructed by counties and 85 municipalities or any combination thereof.

(5) Parks. recreational areas, programs, and 87

f ac il1 tie s. (6) Storm water and sewage collection and 89

disposal systems.

(7) Development,

storage.

treatment, 91

purification, and distribution of watp.r.

(8) Public housing.

93

(9) PUblic transportation.

95

(10) Libraries.

97

(II) Terminal and dock facilities and parking 99

f ac 11i ties. (12) Codes, includin~ building, h~using, 101
plumoing, and electrical codes.

(13) Air quality control.

10'1

(14) The cower to maintain and modify 105

heretofore existing retirement or pension systems. 106

including such systems heretofore created bY general laws of local aoplication by population 107

classification, and to continue in effect or modify 10'3

other benefits heretofore provided as a Dart of or in addition to such retirement or pension systems 109

and tne power to cre~te and maintain retirement or 110.

pension systems for any elected or anoointed public

officers and employees whose compensation is paid 1J 1

in whole or in part from county or municioal funds .112

and for the beneficiaries of such officers and employees.

(b) Unless otherwise provided by law.

114

(1) No county may exercisp. any of the powers 116 listed in subparagraph (~) of this Paragraoh or 117

- 3-

2 3

provide any service listed therein in~ija t~e bound'lries 01' any municipality or fln'l oth!'lr county exceot by contract with the municioality ~r county

-117
11 '3
11 ,

4

affected; and

5

(2) 40 municipality may exercise ~nv ~f the 121

6

powers listed in subparagraph (a) of this PAragraph 1 2~

7

or provide any service listed t'1erein o'ltside its

8

own boundaries except by contract with the cnuntv

9

or municipality affected.

10

(c) Nothing contained within this Paragraoh shall 125

.11

operate to prohibit the General Assembly fro~ e,actin~ 12-)

12 general laws relative to the subject matters listed in 127

13 SUbparagraph (a) of this Paragraoh or to prohibit the 17-"

14 General Assemoly by genp.ral

from re?ulating,

15 restricting, or limiting the exercise of the powers listed 12:1

16 therein; but it may not withdraw any such Dowers.

17

(d) Except as otherWise provided in sub'~r3)r90h 131

18 (b) of this Paragraph, the General Ac:;sembl'l shall 'lct tv)')n

19

the subject matters listed in subparagranh (~) ~f thi~ 1 ~3

20 Paragraph only by general law.

21

I V::;

22 authority of each county and of each municipality may ad~Dt 13 "i

23 plans and may exercise the power of zonin9. Thi 5

24 authorization shall not prohibit the General Assemblv frnn

25 enacting general laws establishing conditions and nrOCed'lrRS 131 26 for the exercise of such power.

27

Paragraph IV. Eminent doma.1Ll. Thejoverninq 1 41

28 authority ot each county and of each municinality may 142 29 exercise the power ot eminer1t dorni'lin for Clny ollblic D'lr'Jose.

30

Para:;Jr3ph V.

1 4'5

31

provided in tnis Paragraph. soecial districts may be created 146

32 tor the provision 01' local jovernment services wi thin s'lcn 147
33 districts; and tees, assessments, and taxes may be levied 14A

34

and collected within such districts to O~Y. w~ollv ~r

35

oartially, th~ cost of providing such services t~er~in anrl 14)

- 4-

2
'---
3
4
5 6 7 8 9 10 II 12 '--- 13 14 15 16 \7 18,
19
20 21 22
'_ 23 24 25 26 27 28 29 30 3\ 32 33 34 35

to construct and maintain facilities therefor. Such special 150

districts may be created and fees, a~se~~ments, or taxp-s may 151

be levied and collected therein by any one or more ~f the

following methodsl

152

(a) By general law which directly creates the 154

districts.

(b) By (Jeneral law which requires the crel'ltion of 156

districts under conditions specified by such general law.

157

(c) By municipal or county ordinance or 159

resolution, except that no such. ordinance or resolution may 160

supersede a law enacted by the General A~sembly pursuant to 161

sUbparagraphs (a) or (b) of this Paragraph.

Paragraoh VI. Commun1ty~yelopment. (a) Thp. 163

General Assembly may authorize any county, municiol'llity, or 16t.1

housing authority to undertake and carry out community 165

redevelopment, which may inc lude the sale or other 166

disposition of prooerty acquired by eminent dom9in to

private enterorise for private uses.

167

(b) In addition to the authority granted by 16}

SUbparagraph (a) of this Paragraph, the ()@.neral A~sem!:>lv. bv 17')

general law, is authorized to grant to counties or 171

municipalities such additional oowers as may be necessary or In

convenient for redevelopment purposes and programs, 8S such

purposes and programs may be defined by such Jeneral law. 171

In aid of such redevelopment purooses and programs, such \74

additional powers may include, but are not limited to, the 175

followingl

() The power to grant tax incentives and ad 177

valorem property tax exemptions.

(2) The power to issue bonds, includinl, but \79

not limited to, tax allocation bonds, as may be IRO

defined by law, and the oower to incur obligations

wi thout either such bonds or obli Jelt ions 181

constituting debt within the meaning of Section V 182

of thiS article.

- 5-

(3) [he power to enter into contract~ tor ~nv 194

2

perioj not exceedinq 30 vears with oriv~te nersons,

3

firms, corporations. and business entities.

4

(4) rhe power to create cublic cornor~tions 1'17

5

or designate existing public corooratio"1s as

6

redevelopment agencies.

7

(5) All additional

190

8

convenient tor accomplishing the redevelooment 1;>1

9

purooses and oroqrams proviued bv la''''.

10

Paragraph VII. l..ilnil..2t.iQn Qn iha-txi n9 ?Q''1er "!nd 191

II

coptributions of cQunties, ..lIl.!J.D.icipalities,_ 2nd QQ..li.U2.l. 194

12 subdiviSions. The General Assembly shall not authQrize any 193
~.
13 county, municioality, or other political subdivisio~ ot this 1
14 state, through taxation. contribution, or other~ise, to

15 appropriate money for or to lend its credit to any cerson or 1;>7

16 to any nonpuolic corooration or association exceot for 19'3

17 purely charitaQle purposes.

18

Paragraph VIII. ~ua1.~!!ll!l!.!.Dll:L.. of cQ'.mties...... 210

19

munic i oa11 ties, and other~illial subdiyis igns. Counties, 201

20 municioalities, and other political subdivisions shall enjoy

21

the same imm~'ity trom suit as the state, unless otherwise 201

22 provided by la'",

23

SECTrOt\! I II,

24

INTERGOVERNMENTAL RELATIONS

;>'07

25

Paragraph I. Ipterooyern1ental- contracts, (a) 21J

26 rhe state, or any institution, rlepartment, or otoer a1encv 211

27 thereof, and any county, municipality, school jistrict, or 212

28 other political subdivisiQn of the state may contr~ct for

29 any oeriod not exceeding 50 years wi th each 'Jther or -'/i t:!1 211

30 any other oualic agencv, oublic cornQrati'Jn, or public

31

authority for joint services, for the provision of ~arvicas. ?I}

32 or for the joint or sepdr3t3 use of facilities 0r ~""ip"1ent~

'33

but such contr3cts must deal With activities or s~rvicas 21"'>

34 which the contracting ?arties Are authorized bv law to 217

- 6-

,--. 2 3 4 5 6
7 d 9 10 JI
12 '-- 13
14 15 16
17
18 19 20 21 22 '- 23 24 25 26 27 Jtl 29 30 31 32 33
'-
34 35

undertake or orovide. This authorization shRll not prohibit 218

the GaneFal -Assembly from enacting general laws relative to 219

such contracts.

(b) Any county, municioality, or co~hin3tion ~21 thereof may, in connection '.ti th any cnntrActs allthoriz~rf in 222

this Paragraoh, convey any existing facilitip.s or equioment 223

to any public agency, pUblic corporation, or public authority, subject to such limitations as may be providerl hy 224

gener'll law.

Paragnph II.

225

The General Assembly shAll orovide by general law for any 227

matters nece sS3ry or convenie"t to authorize thp. 223

consolidation of the governmental and corporate cowers and

functions vested in municipalities with the govern~ental and 22)

corponte powers and functions vestp.d in counties i'1 ,.,hich 238

such municipalities are located. Such general law ~ay 3ls~ 211

prOVide alternatives for the reorganization of county ~nrl 232

municipal governments, including, but not limitei to,

procedures to establish a sin1le qoverninJ body as the 211 governing autnority of a county and a municioalitv or 234

municioalities located within such county. or for t~e merJer 235

of services or the redistrioution of 00Wprs het'"p.p.n 2 C,)'lnt'l and a muni~i~ality or municioalities locatp.d within the 235

county. Such general law shall provide procedur3s and 237

reqUirements for the establishment of charter commissions to 213

draft proposed charters to establish a form of 90Vern~e'1tal

reorganization authorized by this Paragraoh, and the Sener'll 21:;>

Assembly is ex')re5s1y authorized to delAgate its !")I')w~rs t'1 24')

such charter commissions for such ourposes S0 t~at the 241

govern~ental reorganization orOOOSAO by a charter CO~~i~5ion 24~

may become effective without the nece~sitv of further action '2 4 1 by the General Assembly, or such general law m9V .reo'li,"!

that the recommendations (')f any slIch ch"lrtp.r C0T"'''li .s5i0rl be 2114

imolemented by a local law. Anv law enacted D'rrSlIant t"J t;18 215

authority of this Paraqraoh shall re(')uire any for~ 0f 24~

- 7-

~overn~ental r~orq~nizAtion authorized bv this ParAgranh to 247

2

be aoproved by a majority of the qualified voter~ votinl

3

'vi thin the county or, counties affected t~er~bv "l~ a

-

4 condition of its becomino effective.

5

SEC[ION IV.

251

6

[AXATIO"1 clO!'cK of CO!J:'HY AN.! MUNICIpAL GoVERN,\:::NrS

7

Paragraph I.

8

governing authori ty of Anv county. ~unicio"llitv. or 25"

9

combination tn9reot may axercise the oower of tav1tion "l~ ?57

10 authorized by tnis Constitution or by l"lw.

II

(b) fhe governing authori tv of Anv county,

12

municioality, or combination then~of m"lV ex')en':f oll":>lic funds

13 to perform any oublic service or Gubllc function

261

14 authorized by this Constitution or bv la'tI or to ')"!rfOrl"l'W

15 other service or function as autnori zed bv this C0"'lSt it'.!!: i:Jn

16 or by general law.

17

(c) No levy ne~d state the f):lrticular purooses 1'or

\8

which the Silme \'135 made nor shflll any taxes c011ecte:j ';"! 2'S5

19 allocated for any oarticular ouroose. 1101"1"5 ot")e,'''is''!

20 orovided by this Con$titution or by law.

21

SEr::TIoN V.

22

LPqfATIO~ ON LOCAL DEBT

_ 2~~
24

Par'l9r'3oh I. Debt -l.lmit",tioQs

25 debt incurred by any county, mU"'licioelitv.

275

26 oolitical SUbdiVision of thiS state shall never "!yceed 10

27 percent of the assessed value of all taxi3ble t:n'nert,

28

therein; and no such county, ~unicipalitv, or oth?r 7.77

29 political subdivision shall incur any n<?w debt wit'1ollt tll"!

30 assent" ,of a majority of the qUo'ilified voters of sl.lch

31

subdivision voting in an election held for that OIJro()~a as

32

prOVided by la~.

- 8-

2 3
4 5 6 7 8 9 10 II 12 ....... 13 14 15 16 17 18 19
20 21 22
23 24
25 26 27 2d '29 30 31 32 33 34 35

lb) ~otwithstanding 5ubparaqraph l~) of t~i5 281
rJaragraph, all local school systems \~hich ar"! i'HJthori zP',j by 282

law on June 30, 1983, to incur d"lbt inp.xcess of 10 percent 231

of the assessed v~lue ot 111 taxablp. prooerty therein shall

continue to be authorized to incur such debt.

284

Para~raph II.

~cia1 distL1~abt. ~it~in thp.

28'S

debt limitations as to amount provided for in Artic1"! IX, 287 Section V, Paragraph I, any county, municioality, or 2'B

combination thereof may incur debt on behalf of any so~cial

district created pursuant to Paragraoh V of Section II of 28;l

this article. Such debt may be incurred on behalf of such 290

special district where the county, municioality. or 291

~olitical subdivision shall have, at or before the time of 292

incurring bonded indebtedness, provided for the a5sessment

and collection of an a~nual tax within the soecial district 29:1

sufficient in amount to nay the nrincioal and interest of 291

said debt witnin 30 years from thp. incurrence thereof; and 295

no such county, municipality, or other political subdivision

snaIl incur any debt on behalf of such seecial district ?9S Without the assent of a maj~rity of the qualified voters of 297

, such district votinq in an election held for e13t oflroose as 29,:1

provided by 13~. The proceeds of the tax collect~d as 299

provided ~erein shall be e13ced in a sinkinq fund t~ ~e userl

exclusively tor the purpose of retiring 5uch debt.

3GO

Paraqraph III.

UQiunQin2- of ~Jtstand~ 302

indebtp.dne<:s. The governing autr10ritv ot any COiJnty, 301

municipality, or other political subdivision of this 5tate 104

may provide for the refundin~ of outstandinq hnndAd

indebtedness without the nec~ssity of a referendum jein] 103

neld therefor, provid~d that neither the t~r~ or the :3:)">

original debt is extended nor the interest r9te ~f the 107

original debt is increased. rhe orincip'll amolJ'"It '"Jf an"

debt issued In connection with such rp.fundina ~aY eYc?~d the 3en

principal amount beln~ refunded in order to reduce the totel 10} orincioal and interest e~y~ent rJluirements over the 31 )

- <.) -

remaining tar~ ot th~ ori~inal i~su~. [he oroceejs of the 310

2 3

refunding issu~ ~hall be us~d solelY to retir' the nri,ln a l debt. The orilinal debt refunded shall not constitute rleht

-311
,1

4 within the meaninq of Para9ra~h I of this sp.ctl0n.

5

Paragraph IV.

<\ 1

6

NotwithstandinJ the debt limitations p(ovIderl in p~rA]r9nh [

7 above and witnout the necessity for i'l referenrJI/ITl bai'l'l ':plJ

8

therefor, the qov"lrning authority of any C0U'1tV.

9 municioality, or other oo)itical subdivision of this stat,

10 may:

11

(I) Incur debt not to excf>ed one-fi fth 0 f

12

percent of the assessed value of all taxable ,21

13

property then~in to Simply ci'lSllal ddici''lcies in

-

14

revenue.

15

(2) Accept and use funds 'lranterl hy Ann 3?2

16

obtain loans from the federal qov~rnment or Anv

17

agency thereof pursuant to conditions imcos?J ~v

18

federal law.

19

(3) Incur debt in order to pay In whola or In

20

patt the cost of orop~rty V'!lu8tion and 32'S

21

equalization cro~rams for ad valore~ tax nur~oses.

22

(4) Incur debt by obtaininq temoorarv laans

23

in 'In'! calendar year to pay exoenses for sIlch VA8 r ,

24

provided that tne aqaregate amount of a 1.1 such

25

loans outst'lndin1 shall not he in excess of th,

26

total anticioated revenue fnr such y~ar and t~at

27

there is no loan outstandin'"1 ,.Ihieh was mariA in9ny

28

orior year under the oravisinns of this o9r''lrAoh.

29

All sucn loans shall be oay~blp. 0n or D~fnre nn~

30

year from the date on w'lich incllrred.

31

ParagraOi"l V.

32

fund reauired. Any county. ~unici~ality. or other aolitical

33 subdiVision of this state snaIL at or before the tim~ of

34

incurring bond3d indebtednec;s' orovirl~ for the 1'l<;sp.c;C;'71~nt and

35 collection of an annual tax sufficient in amount ta OBV the

- 10 -

2 3 4 5 6 7
8 9
10 11 12 13
'"-'
14 15

princioal and interest ot said debt within 30 vqars fro~ tho 13) incurring ot such bonded indebtedness. The proceed~ 0f this 34J tax, together ~ith any other amount collected for this 341 purpose or tor the ourpose of retiring such bonded 342 indebtedness, above the amount needed to nay the orincio~l and interest 0n such bonded indebtedness riue in the year of 341 such collection shall bA pl~ced in a sinking fund to be used 344 exclusively theretor and sh~ll be keot separate and aoart 34~ tram the other revenue collected. Monevs in the sinking 346 fund may be invested and reinvested as orovi~ed by law.
Paragraph VI. validity of oriar bond i~U~. An" and all bond issues valid"lted and issued orior to June 30, 349 1983, shall continue to be valid.

SECfION VI.

3'32

R!::VENUE BONDS

351

16 17
18 19
20 21 22
'--
23 24 25 26 ,27 28 2'>1
30 31 32
'"-,
33 34

ParagraDn I. ~~ill.!LbQ.Qds; o<!nenl -li:!i1.1.liQilS. 356

Any county, m'JOicioality, or other naUtical SUbdivision of 157

this state or nublic authority may issue revenue hands as 353 provided by general law. The d<!bt reoresented ~v revenue 35~

bonds shall be reaayi'lble only out of the revenue Jerived

from the project and shall not he deemed to be a debt of the 36J

issuing oolitical subdiVision. No such issuing ~olitical 361

subdivision sh3l1 exercise the Dower of taxation for thp 36~

~urpose of paying any Dart of the princioal or intprpst ,f 361

any such revenU3 bonds.

Paragr3~h II. Rey!'!olle bonds i ~tl2.L linit,1UQll.:i. 16')

Any county, T!unici~ality. or other oolitical slJiJdivi<;ion of Vi:) this state rna\, issu!'! revenue boods in order t') ~JIJV, 367

construct, extend, ooerate, or maintain ~AS or el!'!ctrtc 16~

~eoeratiog or distrioution sYstems and nJl

30purtenances thereof but only after a majority vnt? 3t an 16)

electioo held for that Duroose io the sa~e ~Jnn3r RS if 171

incurring debt. ~here such revenue bonds are issue~ for

this ouroos!'! and the gas or electric

or 171

- 11 -

(
.!

. distribution sV5te"'1 e"tend5 b'lynnd the limi ts')f t'1e c')lJntv

2

in which th"! ,,'micipalitv or other onlitical 311~divisi':Jn i3

3 located, then its services rendered and I)rnoertv 10cat9d

4

outside said county shall be s'~ject to ta,,3ti0~ 8nd

5

regulation in t:"le same :nanner a5 ar"! oriv'3t'lI'/ 0"''le-J 'l7'1 r f

6 operated utilities.

7

Paragraph I II.

8

development ot trade, CO"'1merce, industry, and e"'1oloV~Ant

9 opoortunities .:..Jeing a public nurnose vit"'l to t"1e '~"!lfare 0f

10 the people of this state. the Generi'll Assembly 'Tl3" cr'late

II development authorities to oromote and further such nur0')ses

12 or may authorize the creation of such an authority bv any

13 county or municipali ty or combination the r e0f under "'1C:'

14 uniform terms and conditions as it may deem necessar:'. T1e

15 General Assemblv may exemot trom taxation develnorrlent

16 authority obli1ations, properties, activitia5, or incom"! and

17 may authorize the l'ssuance of revenu'l bonds hv slIch

td authorities which shall not constitute an iniebt"!ines3 nf

1.,1 the state within the me.'ming of S"!ct ion V of this article.

20

iJar"lgr30h IV. Y3lidatioQ. The G':!n"!ra I A<:s'3:nhlv

21

shall provide for the v'.Illdflt ion of a~v reve1nue ')nnJs

22

authorized and shall provide that such vali~atinn s'1all

23 . thereafter be incontestable and conclusiv"!.

24

Paraqrao"1 v.

25 ~s.. All revenue bonds issued and val idatad:"lrinr t'1 , 26 June 30, 1981, shall continue to be valid.

''1::> '171 '177 '17'3
vn
v:n
-.JJJ

- 12 -

OTHER RECOMMENDATIONS

ARrI~IE I. SECIlUH-II. PARaQBAEtl-Yll

5

2 3 4
5 6 7
--,-"
8 9

Paragraph VII. General laws' uniform Q~1nnL 8 how varied. Laws of a general nature shall have uniform 9 operation throughout this state and no local law shall b~ 10 enacted in any case for which provision has bMn mada by an .11 existing general law, except that the GRneral Assembly may by general law authorize local governments by local 12 ordinanca or resolution to exercise police powers which do 13 not conflict With general laws.

ARTICLE III. SECTION VII. PARAGRApH XIII

5

2

No population bill, as the General Assembly shall 9

3 define by general law, shall be passed. No bill using 10

4 classification by population as a means of determining the 11

5 applicability of any bill or law to any political

6 subdiVision or group of political subdivisions may expr~ssly 12

7 or impliedly amend, modify, suoersede, or repeal the gen~ral 1'3

8 law defining a population bill.

2 3
4
5 6 7 8 9 10 II 12
'-- 13
14 15 16 17 18 19 20 21 22 23 24 25
26
27 28 29 30
31
32
33 34 35 36

"Section 47-1501. (a) Except as hereiMfter 16 provided, 'population bill' means Any bill using 17 classification by population as a means of determining the applicability of any bill or law to any political 18 subdivision or group of political sUbdivisions of the 19 state. 'Population bill' shall not include the 20 following l
(I) A bill containing a combinati~n of 22 population classifications which includes the 23 population of all political sUbdivisions of the state including but not limited to state-wide 24 minimum salary bills.
(2) A bill classifying all oolitical 26 sUbdivisions below a certain population.
(3) A bill classifying all oolitical 28 sUbdivisions above a certain population.
(4) A bill classifying on the basis of the 30 population of standArd metropolitan statistical 31 areas.
(5) A bill amending a law which classifies on 33 the basis of population and iscontjnued in force 34 and effect by the 1982 Code of Georgia.
(6) A bill which only repeals a law or laws 36 classifying on the basis of population. (b) Nothing in this section shall be construed to 38 invalidate any judicially imposed requirements for Acts 39 classifying on the basis of population but which are 40 otherwise excluded from the definition of 'population bill' under paragraphs () through (5) of sUbsection (a) 41 of this section. (c) As used in subsection (a) hereof, 'political 43 subdivision' means any county or municipality or county 44 school district or independent sChool district or 45 judicial circuit, militia district, or other geographical area of the state which does not include 46 the entire area of the state.

(d) This Act is passed pursuant to the Authority 48

2

of Article III, Section VII, Paragraph XIII of the 49

3

Constitution; and no bill using cla5sification by 50

4

population as a means of determining the applic~bility

5

of any bill or law to any political subdivision or group 51

6

of political subdivisions may expressly or imoliedly 52

7

amend, modify, supersede, or repeal this Act. 1I

1.
i'

PRO POSEn MUNI CI PAl HoME RULE STAIllIE

10

2
~
3 4 5 6, 7 8 9 10
II
12 "'-' 13
14 15 16
17 18 19
20 21 22 '- 23 24 25 26 27 28 29 30 31
32 33
'v
34 35

1/69-1017. Home rule for municipal1tip.s. (A) Thp. 13

governing authori ty of each muriicipality shall have 14

legislative power to adoot ordinances, resolutions. or 15

regulations relating to its property, affairs, or lOCAl government for which no provision has b.een mAde by gp.neral 16

law and which are not inconsistent With the Constitution or 17

any charter provision applicable .thereto. Any such charter 18

provision shall remAin in force and effect until amended or

repealed as provided in subsection (b) of this Code sAction. 19

The General Assembly shall not pass any local law to reDeAl, 20

modify, or supersede any action taken by a municipal 21

governing authority under. this Code section, exceot as

authorized under Code Section 69-1018.

22

(b) Except as provided in Code Section 69-1018. a 24

municipality may, as an incident of its homp. rule power, 25

amend its charter by following either of the procedures 26

hereinafter set forth.

(1) Municipal charters may bp. Amended by 28

ordinances duly adopted at two regular consecutive 29

meetings of.the municipal governing authority not

less than seven nor more than 60 days apart. A 30

notice containing a 'synopsis of the proposed 31

amendment shall be published in the official organ of the county of. the legal situs of thp. 32

municipali ty or in a newspaper of gAneral 13

circulation in the municipality once a week for

three weeks within a period of 60 days i~mediately 34

preceding its final adoption. Such notice shall 35

state that a copy of the proposed amp.ndmp.nt is on

file in the office of the clerk or the recording 36

officer of the municioal governing authority and in 37

the office of the clerk of the superior court of

the county of the legal situs of the municioality 38

for the purpose of examination and insoection by 39

- I-

the public. The recording officer of the municinal 39

2 3

governing authority shall furnish anyone unon written request a copy of the proposed amendment.

-40

4

No amendment hereunder shall be valid to change or 41

5

r.epeal an amendment adopted pursuant to a 42

6

referendum as provided in paragraph (2) of this

7

subsection or to change or reneal a lot'll Act of 43

8

the General Assembly ratified in a referendum as 44

9

provided in paragraph (2) of this subsection or to

10

change or repe al a local Act of the General 45

.J I

Assembly ratified in a referendum by the electors 46

12

of such municipality unless at least 12 months have

13

elapsed after such referendums. No amendment 47.-.

14

hereunder shall be valid if provision has been made 48

15

. therefor by general law.

16

(2) Amendments to such charters or amendments 50

17

to or repeals of such ordinances, resolutions, or 51

18

regulations adopted pursuant to subsection (a) 52

19

hereof may be ini tiated by a petition filed with

20

the governing authority of the municipal1 ty 53

21

contaIning, in cases of municipalities with a

22

popUlation of 5,000 or less, the signatures of at 54

23

least 25 percent of the electors registered to vote 55","""

24

in the last general municipal election, in cases of

25

municipalities with a population of more than 5,000 56

26

but not more than 100,000, at least 20 percent of 57

27

the electors registered to vote in the last general

28

. municipal election, and in cases of a municinality 58

29

with a population of more than 100,000, at least 15 59

30

percent of the electors reg.1stered to vote in the

31

last general municip.al election, which peti tion 60

32
33 34

shall specifically set forth the ~xact langua~e of the proposed amendment or repeal. authori ty shall determine the vCll1di ty of such

-61
62

35

petition within 50 days of its filing with the 63

36

governi ng authori ty. In the event the governing

- 2-

2 \.....- 3
4
5 6 7 8
9 10 .11 12
-- 13 14 15 16 17 18 19 20 21 22
'- 23 24 25 26 27 28 29 30 31 32 33 ',- 34
35 36

authority determines that 5uchpetition is valid. 64 it shall be the duty at such authority to issue the 65 call tor an election tor the purpose at submitting such amendment or repeal to the registered electors 66 at the municipality tor their approval or 67 rejection. Such call shall be issued within one week ~fter the determination at the validity of the 68 petition. The governing authority shall set the date at such election for a day not less than 14 69 nor more than 30 days after the date of the 70 issuance of the call. The governing authority shall cause a notice of the date of said election 71 to be published in the ofticial organ ot the county 72 at the legal situs of the munlcipality or in a newspaper of general circulation in the 73 municipality ooca a week for two weeks immediately preceding such date. Said notice shall also 74 contain a synopsis ,at the proposed amendment or 75 repeal and shall state that a copy thereof i5 on file in the ott ice at the clerk or the recording 76 otticer of. the muni~ipal governing authority and in 77 the oftice at the Clerk of the superior court of the county of the legal situs at said municipality 78 tor the purpose of examination and inspection by 79 the public. The recording oiticer at the municioal governing authority shall furnish anyone upon 80 written request a copy at the proposed amendment. It more than one-halt at the votes cast on such 81 question are for approval ot the amendment or 82 repeal, it sha 11 become ot tu 11 torce and etf ect; otherwise it shall be void and of no force and 81 effect. The expense of such election shall be 84 borne by the municipality and it shall be the duty of the governing authority to hold and conduct such 85 election. Such election shall be held under the 86 same laws and rules and regulations as govern
- 3-

speci~l elections of the municipality, exceot as 87

2

otherwise provided herein. It shall be the duty of 88

3

the governing authority to canvass the returns and

4

declare and certify the resul t of the elt'lction. It 89

5

shall be the further duty of the governing 90

6

authority to certify the result thereof to the

7

Secretary of State. A referendum on any such 91

8

amendment or repeal shall not be held more often

9

than once each year. No amendment hereunder shall 92

10

be valid if provision has been made therefor by 93

II

general law.

12

In the event that the governing authority 95

13

determines that such petition is not valid, it 96

14

shall pUblish in explicit detail the reasons why

"""

15

such,oetition is not valid; prOVided, however, 97

16

that, in any proceeding in which the validity of 98

17

the petition is at issue, the tribunal considering

18

such issue shall not be 'limited by the reasons 99

19

assigned. Such publication sha 11 be in the

20

off1!:ial organ of the c_ounty of the legal situs of 100

21

the municipality or in a newspaper of general 101

22

circulation in the municipality in the wAek

23

immediately follOWing the date on which such 102
--.

24

petition is declared to be not valid.

25

69-1018.

Limitations on home rule for 104

26

municipalities. The power granted to municipalities in 105

27

subsections (a) and (b) of Code Section 69-1017 shall 106

28

not be construed to extend to the following matters or

29

any other matters which the General Assembly by ~eneral 107

30

law has preempted or may hereafter oreempt, but such 108

31

matters shall be the subject of general law or the

32

subject of local Acts of the General Assembly to the 109

33

extent that the enactment of such local Acts is 110

34

otherWise permitted under the Constitutioh'

35

(a) Except as authorized in Title 34A of the Code .112

36

of Georgia, action changing the composition, form, 113

- 4-

2 3
4 5 6 7 8 9 10
.11 12 .......... 13 14
15 16 17 18 19 20 21
22 '- 23
24 25 26 27 28 29 30 31 32 33 34
35 36

procedure for election or appointment, continuance in 114

o~fice, and limitation thereon for the members of the

.munlcipal governing authority.

(b) Action defining any criminal otfense or 116

providing for criminal punishment other than to define 117

ordinance violations for. acts which are not also

violations of the criminal laws of this state and to .118

prescribe penalties for such ordinance violations.

.119

(c) Action adopting any form of taxation beyond 121

that authorized by the Constitution or by law.

122

(d) Action affecting the exercise of the power of 124

eminent domain

(e) Action expanding. the municipality's power of 126

regulation over any business activity regulated by the 127

Georgia Public Service Commission beyond that authorized 128

by the Constitution or by general or local law.

(f) Action affecting any court or the personnel 130

thereof, except any municipal ~ourt having jurisdiction 131

over municipal ordinances.

(g) Action changing charter provisions relating to 113

the establishment and operations of an independent 134

school system.

69-1019. Salary, compensation, and expenses of 136

municipal employees and members of the municipal 137

governing authority; how fixed. (a) The governing 138
I
authority of each municipality is hereby authorized to

fix the salary, compensation, and expense~ of its 139

municipal employees and members of its municipal

governing authority and to provide insurance, retirement 141

and pension benefits, coverage under federal old-~ge and

survivor's insurance programs, hospi talizat ion benefi ts, 142 and workers' compensation benefits for its employees and 143

their dependents and survivors, provided that any action 144

to increase the salary or compensation of the elective

members of the municipal governing authority shall be 145

subject to the followin~ conditions and reauirementsl

146

- 5-

(1) Any such increase shall not be effective 148

2

until after the tak1.n;, of office of those elected 149

3

at the next re~ular municipal election which is

4

held immediately following the date on which the

5

action to increase such compensation was taken; and 151

6

(2) Such action shall not be taken during the 151

7

period of time beginnin~ with the date that 154

8

candidates for election to membership on the

9

municipal governing authority may first qualify as 155

10

such candidates and ending with the date members of 156

.11

the municipal governing authority take off i ce

12

following their election; and

157

13

(3) Such action shall not be taken until 152....

14

notice of intent to do so has been oubli~hed in a 16'-.)

15

newspaper of general circulation designated as the

16

legal organ in said county and in such municipality 161

17

at least once a week for three consecutive weeks 162

18

immediately preceding the week during w~ich such

19

action is taken.

20

(b) As used in subsection (a) of this Code 164

21

section, the phrase 'elective members of the municioal 165

22

governi n9 authori ty' means, notwi thstanding any

23

terminology or designation .of a municioal governi ng 166

,

24

authority or governing body contained in any municipal 16.

25

charter, any elective municipal official who exercises

26

any e xecut i ve or legi s lati ve or execllt i va and 168

27

legislative powers of the municipality, specifically 169

28

including a mayor, vice-mayor, president or chair!Tlan of \70

29

a city council, member of a city council, mA.mbA.r of a

30

board of aldermen, or member of a board of 17\

31

commissioners. Such phrase shall also include any 172

32

person who is appointed to fill a vacancy in any such

33 34

elective office. (c) As used in subsection (a) of this Code

--1i

35

section, the words 'salary or compensation,' as applied 176

36

to the elective members of a municipal governing

- 6-

2 3 4 5 6 7 8 9 10 .II 12
"- 13 14 15
16 17 18 19 20
21 22
- 23 24 25 26 27 28 29 30 31 32 33 "- 34
35 36

authority, shall include any expense allowance or any 177 form of payment or reimbursement of expenses, except 178 reimbursement for expenses actually and necec;s!'lrlly incurred by members of a municipal governing authority 179 in carrying out their official duties; and the governing 180 authority of each municipality shall be authorized to 181 provide by ordinance for the reimbursement of such actual and necessary exoenses.
69-1020. Filing and oublication of laws. No 183 amendment or revision of any charter made pursuant to 184 this law, except for local Acts adopted by the General 185 Assembly, shall become effective until a cooy of such amendment or revision, a copy of the required notice of 186 pUblication, and an affidavit of a duly authorized 187 representative of the newspaper in which such notice was 188 published, to the effect that said notice has been published as provided in this law, has been filed With 189 the Secret3ry of State and. the office of the clerk of 190 the superior court of the county of the legal situs of the municipality. The Secretary of State shall provide 191 tor the publication and distribution of all such 192 amendments and revisions at least a~nually.
69-1021. Legislative intent. It is hereby 194 declared to be the intention of the General Ac;sembly 195 that this law is a general law within the meaninq of 196 Article I, Section II. Paragraph VII of the Constitutionl and no local laws shall be e nac ted on 197 subject matters OVer which municioalities are authorized to act pursuant to this law. Any provision of any 198 municipal charter heretofore enacted covering subject 199 matters over which municipalities are authorized to act 200 pursuant to this law shall be amended. modified. superseded, or reoealed only in accordance with 201 subsection (bl of Code Section 69-1017. It is further declared to be the intention of the General Assembly to 202 vest general powers in the governing body of each of the 203
- 7-

incorporated municipalities of this state, such powers 204

2

to be .in addition to, or cumulative of, th~se which any

3

municipality may now have under its charter or any other 20~

4

special or general law.~

_0

,.
I
2 3
4
5 6 7 8 9
10 JI
12
.,-, 13
14 15 16
17
18 19
20 21 22 \.-. 23 24 25 26 27 28 29 30
31 32 '- 33 34 35

PROpoSED COUNTY HOME RUL~lAIJJI.E

10

1123-1017. Home rule for counties. ( 3) Thp. 13 governing authority of each county sl-)311 have 14 legislative power to adopt ordinances, resolutions, or regulations relating to its property, affairs, or local 15 government for which no provision has been m~de by 16 general law and which are not inconsistent wit" the 17 Constitution or any local law aoplicable thereto. Any such local law shall remain in force and effect until 1B amended or repealed as provided in SUbsection (0) of 19 this Code section. The General Assembly shall not pass any local law to repeal, modify, or supersede any action 20 taken by a county governing authority under this Code 21 section, except as authorized under Code Section 22
23-1018.
(b) ~xcept as provided in Code Section 23-1018, ~ 24 county may, as an incident of its home rule power, ~mend 25 or repeal the local Acts applicable to its governing 26 authority by followin~ either of the procedures hereinafter set forthl
(I) Such local Acts may Qe amenJed or 28 repealed by a resolution or ordinance duly adopted 29 at two regular consecutive meetings of the county governing authority not less than seven nor more 30 than 60 days apart. A notice containing 3 synopsis 31 of the .proposed amendment or repeal sh~ 11 be published in the official county organ once ~ week 32 for three weeks within a ceriod of 60 days 13 immediately preceding its final adoption. Such notice shall state that a COpy of the oro~osp.d amend~ent or repeal is on file in the office of the 3'1 clerk of the superior court of the county for the purpose of examination and insoection hy the 36 public. The clerk of the suoerior court c;hall furnish anyone uoon written request a copy of the 37

- 1-

proposed amendment or reDeal. No amendment or

2 3

repeal hereunder shall be valid to change or reDeal an a'l1endment adopted Dursuant to a referendu'll as

-3'

4

provided in oaragraph (2) of this subsection or to 40

5

change or repeal a local Act of the Gener~l

6

Assembly ratified in a referendum by the electors 41

7

of such county unless at least 12 months have 42

8

elapsed after such referendum. ~o amendment

<;

hereunder shall be valid if provision has been ~ade 43

10

therefor by general law.

.II

(2) Amendments to or repeals of such local 45

12
13

Acts or ordinances, resolutions, or regulations adopted pursuant to subsection (a) hereof may be

-46

14

initiated by a petition filed with the jud1e of the 47

15

probate court of the county containing, in cases of 48

16

counties with a population of 5,000 or less, the

17

signatures of at least 25 percent of the ~lectors 49

18

registered to vote in the last general election, in 50

19

cases of counties with a population of more than

20

5,000 but not more than 50,000, at least 20 percent 51

21

of the electors registered to vote in the last 52

22

general election, and in cases of a county With a

23

population of more than 50,000, at least 10 oercent

24

of the electors registered to vote in the last

25

general election, which. petition shall specifically

26

set forth the exact language of the proposed 55

27

amend'l1ent or reDeal. The judge of the probate 56

28

court shall determine the validity of such petition

29

within 60 days of its being filed With the jUdle of 57

30

the probate court. In the event the JUdge of the

31

probate court determines that such petition is 59

32

valid, it shall be his duty to issue the call for 60

33 34

an election for the DUrpt"lSe of slIbmi tt in? sllch amendment or repeal to the registered elect~rs of

--61

35

the county for their aoproval or rejection. Such 62

36

call shall be issued not less than ten nor more

- 2-

2 3
4
5 6 7 8 9 10 .II 12
'- 13 14 15 16
17
18 19
20 21 22
-" 23 24 25 26 27 28 29 30 31 32 33 '-- 34
35

than 60 days after the date of the filing of the 63 petition. He shall set the date of such election for a day not less than 60 nor more than 90 davs 64 after the date of such filing. The judge of the 6"3 probate court shall cause a notice of the date of 1)6 said election to be published in the official organ of tne county once a week ,for thr~e weeks 67 immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendm~nt 68 or reoeal and shall state that a copy thereof is on 69 file in the office of the judge of the orobate 70 court of the county for the purpose of examination and inspection by the pUblic. The judge of the 71 probate court shall furnish anyone upon written 72 request a copy ot the proposed amendment or reoeal. If more than one-halt of the votes cast on such 73 question are tor aooroval of the amendment or 74 repeal, it shall become of full force and effect; otherwise it shall be void and of no force and 75 effect. The expense of such election shall be 76 borne by the county and it shall be the duty of the judge of the probate court to hold and conduct such 77 election. Such election shall be held under the 78 same laws and rules and regUlations as ~overn special elections. exceot as otherwise prOVided 79 herein. It shall be the duty of the JUdge of the probate court to canvass the returns and decl~re 80 and certify the result of the election. It sh'311 81 be his further duty to certify the result thereof to the Secretary of State in a~cordance with the 32 provisions ot Co~e Section 23-1020. A referendum 83 on any such amendment or repeal shall not be held more otten than once each year. No il"1endment hereunder shall be valid if provision has ~een made therefor by general law.
- 3-

I~ the event that the jUdge of thq orobate 37

2 3

court determines that such petition was not valid, he shall cause to be pUblished in explicit detail

-83

4

the reasons why such petition is not v~lid; 89

5

provided. however. that, in any oroceqdina in w~ich

6

the validity of the petition is at iO:;5ue, the

7

tribunal considering such issue s~all not be 91

8

limited by the reasons assi~ned. Such oublication

9

shall be in the official organ of the county in the

10

week immediately fo 110wing the date on w'1ich such 93

II

petition is declared to be not valid.

12

23-1018. Limitations on home rule for countie~. 95

13

rhe power granted to counties in subsections (a) anrl (hl

14

of Code Section 23-1017 shall not be construed to extqnrl

15

to the following matters or any other mattqrs which the 98

16

General Assembly by general law has preempted 0r may

17

hereafter preemot. but such matters shall be the subject 99

18

of general law or the subject of local. Acts of the I '.)J

19

General Assembly to the extent that the enactmqnt 0f

20

such local Acts is otherwise permitterl under the 101

21

Constitution:

22

(a) Action affecting any elective county office. 103

23

the salaries thereof, nr the personnel thereof, BXCqot

-104

24

the personnel subject to the jurisdiction of the C0untv I:)')

25

governing authority.

26

(b) Action changing the composition, form, 107

27

procedure for election or aooointment, 3alary. 103

28

compensation and exoenses, continuance in office, and 109

29

limitation thereon of the members of the county

30

governing authority.

31

(cl Action defining any criminal offense or I II

32

providing for criminal ounishment other than to d~fine 112

33

ordinance violations for acts which are not also

~

34

violations of the criminal laws of this state and to II

35

impose a fine not to e xc "led $ 1,000. 00 fo.r each such 114

36

violation.

- 4-

2 3 4 5 6 7 8 9 10 11 12 _. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

(d) Action adopting any form of taxatio~ bevonrl

that authorized by the Constitution or by law.

(e) Action affecting the exercise of th~ P0w~r of ellinent dOllain.

(f) Action expanding the county's Dower of

re~ulation over any business activity regulated bv the GP.orgia Puolic Service CO"lmission beyond tl-t"lt allt!lorized

by the Constitution or by general or local law.

(g) ,,"ction affectin~ any COllrt or the ljers0nnel

thereof.

(h) Action affecting any pUblic schoo; sy<;te"l.

23-1019. Salary, compensation, and exoenses of county employees; how fixed. The governing authority of

each county is authorized to fix the salary.

compensation, and expenses of thoqe efTloloyed by qllc'1 governing 3uthority and to est"lblish and m"lint"lin

retirement or pension systems, insurance, wark~rq'

cOllpensation. "lnd hosoitalization benefitq for said employees.

23-1020. Filing and Dublication of l"lws. No

amendment 0r revision of any local Act made purqU3nt to this law, except tor loc"!l A.cts adooted bv th~ Jeneral Assembly, ';'1,,11 become effective until a capv of such

amendment or revision, a copy of the required notice of publication, and an affidaVit of a dulY authorized

representative of the newspaper in which such notice was

oublished. to the effect that said notice has bpsn

published as prOVided in this law, has b~en filed with

the Secretary of State and the office 0f the clerk of

the superior court of the county. The Sp.cret"lrV of State shall provide f0r the publication and distribution

of all such amendments and revisions at least '1nnu'I11v.

23-1021. Legislative intent.

It is hereby

declared to be the intention or the Gener"ll Ass~"lhly

that this law is a aeneral law within the ~~"lnin? of

Article I. Section II, Paraqraoh VII 0f the

115 117 11-)
121 122
121
125
127
12~
13J 131
13') 135
117
11'3 13y 14J
141 142
143
144
146 147
1 4~

- 5-

Constituti~n; and no local laws shall be enactpd on 14~

2

subject matters over which counties erg Rut~orizqd to

-I"iJ

3

act pursuant to "this law. Any provision of any local

4

Act apolicabla to the county Qoverning authority 151

5

heretofore enacted covering subject matters over ~hich

6

counties are authorized to act pursuant to this law

7

shall be amended, modified, superseded, or reoe;lad only

8

in accordance with subsection (b) of Code Sectio~ 1'31

9

23-1017. It is further declared to be the intention of 1'3'3

10

the General Assembly to vest general power~ i:"l thA

II

governing body of each of the counties of t~is state, 156

12

such powers to be in addition to, or cumulativA of, 157

13

those which any county may now have under its local law

.-..

14

or any other special or general law."

15'3

- 6-

L~ 7 3667

Select cam1i.ttee on constitutional. Revision January 9, 1980

A RESoLUTI ON

~roposl~ an a~endment ~o the Constltutlon so as to 24

2 revise complet;ely Article iC relating to retirement systems 25 3 and educational scnol arshlps and to cha~e other provisions 26

4 ot the Constitution in connectlon wlth such revision; t;o 27

5 provide for the subm1ss10n ot . thls amendment tor

6 ratification or rejection' and tor ot;ner purposes.

29

7

aE IT RESOLVElJ af fHE OENERAL AS:iE1.taL'f OF GEORGIA:

31

8

~11aa-l. Article III, Sect;1on VIII, Par~raph 34

9 XII of the Constitution is hereby anende\J by addin<; at tne 35

10 ena of sald iJaraQraph XI I two new subparaQraphs to oe 36

II desi9nated suoparaQrapns <} and 10 and to read as follows:

37

12

"9. Wnenever the Board of Human Resources is 38

13

en t1 tled to rece1ve federal funds made avallaole 39

14

.pursuant to any federal vocational rehabilitation

15

prOQram, said Soard mall be authorized to receive and 40

16

edm1nist;er such funds in accordance With the terms of 41

17

sa1d tederal proQl"Cll1, and where tne pro~ram so provides,

18

said Board may d1sourse sa1d fUnds to nonprofit 42

19

corporations o.r associations whlcn are engaged solely in 43

20

vocat1on al rehaolli tat ion ot d isaoled pe rsons.

44

21

10. The expendi ture of puolic t unds pursuant to tne 4:i

22

prov1sions ot Art;icle X ot tnis ~onstitution shall not 46

23

constitute a violation of subparaQrapn 1 or 2 ot this 47

24

ParaQrapn. II

40

25

Article VII, Sectiol1 II, Para.;rapro I, 50

26

8 sUbpar~raph ot the ~onstitution is 'hereoy amended oy 5 J

27 st;rikln;7 said subpara.... rapn a in its entirety and 52

- I-

- _--_. .. --------~--_._."'

...

LC -, 366 7

sUbst! tut1nq 1n l1eu thereot d new swpara~raph d to read as 52

2 tollows'

53

3

"8. For T.he pUQoses set torth 1n Art!cle X ot 54

4

th1s Cons ti tut!on and tor the pur;>ose ot mak1nQ such 5:3

5

employer contr1but10ns under tederal old-age and soc1al 56

6

secur1 ty proqrams as may be necessary or des1rable to

7

prov1de covera'1e ard part1c1pat10n there1n by publiC: 57

8

otficers and employees, their dependents and surv1vors." 5d

y

~tlaD--J. Art1cle VIII, Sect10n IV, ParaQraph II 61

l O o t the Const1tution is hereoy amended oy str1kinQ said 62

II

ParaQr aph II, wh 1cn re ads as follows I

63

12

IIPara'1raph II. tXQJt.am for El det:l..L~~. [he 64

13

Board or ReQents 1s nerebi autnor1zed and d1rected to 65

14

estaol1sh, by not later T.han the b8\Jinn1nQ ot the tall 66

15

quarter ot 1977, a proqram wnereby c1tizens ot tn1s

16

State who are 62 years of aQe or older :nay attend uni;;s 67

17

ot the Un1versity System ot Georgia w1T.hout payment or 6d

18

tees, except for stppl1es and laboratory or shop tees, 69

19

when space is avallaole 1n a course scheduled tor

20

resident cred1r.. Sucn proqram shall not include 70

21

attendance at classes in Jental. medical, veterinary, or 71

22

law scnools. Persons who attend units ot the Universi ty

23

System ot Veor;i3 under the pro~ram established pursuant 72

24

to this Para~aph shall not be counted as stUdents uy 73

25

the aoard 01' Reqents tor budgetary purposes. The Board 74

26

ot Re~ents shall adopt and pro.nuL..ate rules and

27

reQulations, not .incons1stent with this flaraqraph, to 7:3

28

1mplement and carry out the prov1sions or tnis 76

29

Paragrapn. ",

77

30 in 1ts entirety.'

79

- 2-

LC 7 3&:.7

Article VIII. :Jection V, Paragrapn II 81

2 of the Conse ieue ion is nereoy am8nIJeCl oy adding ae the end 82

3 thereot a new para(frapn (e) to read as follows'

84

4

II (e) Any councy board of ec.iucation arid the board 84

5

ot education of any countywide school districe are 85

6

euthorized co expend education tunds tor the purpose ot 86

7

supporti~ any hereeotore exise ing local reUrement

6

system coveri~ employees of such ooard ot education 87

9

and, except as hereinafeer provided. are vested wi th tne 66

10

authority to maintain and moaity any such local 8Y

II

retirement system. ,'1hen employer contriout1ons to any

12

such local retirement system have been paid hereeofore. 90

13

in whole or in part. from couney fU"lds pursuant to tne 91

14

requirements of a local Ace of ene General Assembly, ene 92

15

continued use of county funds tor such purpose is

16

authorized. and the control over such local retirement 93

17

system shall cominue to be vested in the General 94

18

Assembly. Any heretofore exise ing -local Act ot tne

19

General Assembly which increased ene benefits being paid 95

20

to benet ic iaries under any such loca 1 retirement system 96

21

supported in wnols or in. part by employer contributions '97

22

paid from couney tunds is hereby ratified and confirmed.

23

The I.>eneral Assemoly may reqUire employer contributions 9d

24

to such local retireinene system co be paid from tne .99

25

education funds ot tne county ooare of educat ion whose I CO

26

employees are covered under such local retirement syseem

27

or may require thae such employer con eribue ions be paid 101

26

from a combination ot county funds and ed uc at ion tunds 102

29

in such manner as the General Asse;nbly shall determine.

30

No provision of tnis iJar~raph shall operate to prohioit 1.J3

31

the General Assembly trom enacting any general law 104

32

co ntroII in.:t the subJece matter of this paragraph."

105

- 3-

LC 7 360 7

~~llcn-.i. Arti cle IX, Section II, Para.;rapn I of J 07

2 the Constitution is heraoy' aillenaea oy adding iilmeaiataly 1U3

3 precedinQ the perlod appearlng at the end of sUbparaQrapn I 109

4

of paraQraph (c) thereot tne,tollowln~1

J 10

5

u, and except as otherwlse prov l.:zed in Sect 10n I V, 111

6

Paragraph II, suopara~rapn (16) and Sectlon V, Paragrapn 112

7

II, 5ubparaQrapn 10 01' this Artlcle",

113

8 50 that when s,., amended sald paragrapn (c) shall read as 114

9 follo"sl

I !~

10

D(C) rhe power ~ranted

to

countles

in 116

II

sucparaQraphs (a) and (0) above shall not be construed 117

12

to extend to thefollowl~'matters or any other matters

13

which the General Assembly by ~eneral law has preempted I JCl

14

or may oereat'ter preempt, out sucn matters shall be toe 119

15

sUbjec't ot general law, or the subject 01' local acts 01' 120

16

the General Assemoly to tne extent thae the enactment 01'

17

such local acts is otherwlse permitted under this 121

18

Consti tution 1

122

19

I. Action atfecting any el ec ti ve co un ty 123

20

ottice, the salarles thereof, or the personnel 124

21

the re 01' , except the persomel suojec't to tne

22

jurisdlctlon 01' the county governing authority, and 125

23

except as otherwlse provlded In Section I V, 126

24

Para..;raph II, suoparagraph (16) and Sectlon V,

25

Paraqraph II, suoparagrapn 10 ot thls Article.

126

26

2~ Action aftecting the composltlon, forin, 129

27

procedure tor electlon or appointment, compensatlon 130

28

and expenses and allowances In the nature of

29

compensatlon, 01' the countY governing authori ty.

132'

30

3. Action defining any crlmlnal offense or 133

31

providi ng l' or crt ::Ilna l punl soment.

134

32

4. Actlon adoptln~ any form of taxation 135

33

beyond that aU'tl1orized by law or by tnis 136

34

Const i tut 10n.

137

- 4-

LC 7 3667

5. Ac tion ex tend!n<J che power of regulation 133

2

over any business activity re'Julated by tOe Puol ie \39

3

Servi ce Corrmission beyono that authori zed oy local

4

or general law or by this Const itution.

14\

5

6. Action affecting the exerc ise of the power 142

6

ot eminent domain.

143

7

7. Action af fectin~ any court or cne 144

8

persoMel chenot.

145

9

CI. Action affecting any publIc SChool 146

\0

system."

147

II

~~. Article IX, Section II, Paragraph II of 149

12 the COnstitution is hereby amended by 'striking therefrom t~e ISO

13 tollowinQI

151

14

"retirement or pension systems, ",

153

15 so that Imen so 3IIlended said tJara.;raph I I shall read as 1S4

\6 follows'

155

17

"Para9raph II.

156

18

The qovernin~ authori ty of each countY is 157

19

authorized to fix the salary, compensation and expenses 150

20

ot those employed oy such governinQ authority and to

21

establish

and maincain insurance, workmen's 159

22

compensation~ and hospitalization benefits for said 160

23

em pI oy ee s."

16\

24

~~.uaO-l. Artie Ie IX, Section I V, IJaragraph I I of 163

25 the Consticution is nereoy amended by addinQ immediately 164

26 follow ing suoparagraph (15) coereor a new SUbparagraph (16) 165

27 to read as tollo;.ts'

166

28

"( 16J fhe power to maintain and moo1fy herecotore 167

29

existinq retirement or pension syscerns, includinq such 168

30

systems heretofore created oy Qeneral laws ot local 169

31

epplieat ion by population cl assi ti ea ti on. and co

- 5-

L.; 7 3607

continue in effect or modify otner oanefits liaretotore 17J

2

proviaeo as a part or or in addition to such retire;;:ent 171

3

or pension systems and the pOI'ier to create and !!Iaintain 172

4

retirement or pension systems tor any elected or

5

appoInted puc11 c offIcers and employees whose 173

6

compensation is paid In Whole or in part from county or 174

7

municipal fundS and for the beneficiarIes 01' such

8

offIcers an.::l employees."

JI:)

9

~~. Article LX. SectIon IV. ParaQraph I II 177

10 of the ConstItution Is hereby amended by adding immedIately 178

II precedln.;J the perIod appearifl;J at the end of saId ParaQraph 179

12 II I the followlnQI

160

13

"or to prevent the expendIture 01' any pUblic funds 1131

14

of a political subolvlslon tor tne purposes set torth In 182

15

Article X. Section I 01' tnls Canst Itutlon".

163

16 so that when so amended saId tJar~rapn II I shall read as 184

17 tollowsl

1135

18

II jJaraQraph I II. IU1.o.~'r.lU" <n<i-I,;Q.at.t.1Q.l.lUaos..c!. 136

19

CoQ.lJD.UAs.- c.u.11Ui....alxLJ:al.u.. i c al S.l.Q.\ll.l1.U.QQ.L..B.e.uz:.~. 167

20

The General AsseillOly snall not autnorlze any county. 188

21

municipal corporatIon or politIcal slbdlvlslon 01' tnis 1139

22

State. through taxatIon. contrloution or otherwIse, to

23

beco~e a stockholder in any company, corporation or 190

24

associatIon. or to approprIate money tor. or to loan its 10>1

25

credIt to, any corporatIon. company. assocIation,

26

InstItution or IndIvIdual except tor purely charltacle 192

27'

purposes. Tnls restriction shall not operate to prevent 193

28

the stJ;:lport 01' scnools by municIpal corporations 'o'I1tnin 1:.14

29

theIr respective l1mits or to prevent tne expendIture 01'

30

any publ1= tunas ota po11 tical sLbdl vision tor t:le 1:.15

31

purposes set torth In Article X. SectIon I 01' this 196

32

ConstItution."

197

- 6-

LC 7 3667

~t1~. Article IX, ~ection V, Paragrapn II of Iw

2 the Constitution is hereby anended by striking subparagraph 200

3 10 thereof in its entirety and sl.Dstitutin", in l1eu tnereot 201

4 a new sUbparagraph 10 to read as tollows I

202

5

"10. To provide insurance, hospita!1zation 203

6

benefits, workmen's compensation oenefits and covera~e 204

7

under federal old-age and social security proqrams for 205

8

its officers and employees, . incluai~ elective county

9

otticers and their employees, and tor employees ot tne 206

10

county board ot education and tor the beneficiaries .of 207

II

any such off icers and employe es and to provide

12

retirement and pension oenef its' as authori zed under 208

13

Section IV, Para~raph II, sUbpar~raph (16) ot tnis 209

14

Article. -rne funds necessary for any benefits

15

authorized herein tor employees or county boards of 210

16

education and their beneficiaries shall oe paid from 211

17

education fUnds, except as otherwise provided by

18

paraqraph (e) ot Article VIII, Section V, Paragraph II 212

19

of tnis Consti tution."

213

20

Article X of tne (.;onstitution is 215

21 hereby amended by striking said Article in its entirety and 216

22 substi tuting in lieu thereof a new Article X to read as 217

23 followsl

218

24

lIAR! ICLE X.

219

25

RETIREMENT SXSfEMS ~~D

220

26

EDUCA fI ()l'l AL ASS IS iAi'iC E

221

27

Section I.

222

28

Ret ir eClen t Sy steiil s

223

29

Paragraph r

~25

30

~~Q~~. Public funds may be expended for tne 226

31

purpose ot payinq oenetits and oti"ler costs ot retirement

- 7-

- ----,-----

.

--

'_._-._--'-.--.,,~=-----

L~ 7 3607

and pension syste.lIs for puo11c otr1cers and employees 227

2

and t.'1e1 r oenet1 ci ar1es.

221:3

3

Paragraph II.

229

4

. Public tUnds may be expended tor the purpose of 230

5

in cr ea si n.; benefits

paid pursuant to any 231

6

retirement or pens10n system wholly or part! ally

7

supported from puclic funds.

a

Para~raph II I.

232 fne 233

9

method 01' tUnd1ng the F1re,nen's Pe.ns10n System as set 234

10

torth 1n the ACt creating sa1d System, approved March 3, 235

11

1955 (Oa. Laws 1955, p. 339), as amended, 1s cont1nued

12

until changed by law.

236

13

Paragraph I V. EuCld.1JlQ..s.t.mda.l:d.~ It shall be tne 237

14

duty of the veneral Assembly to enact legislation to 238

15

detine tundi~ standards which will assure the actuarial 239

16

soundness ot any retirement or pension system supported

17

~olly or partially from pUb11c tuods and to control 240

18

leQislative procedures so that no b111 or resolution 241

19

creat1~ or amending any such retirement or pension 242

i.o

system shall be passed oy. the !Jeneral Assembly without

21

concurrent provisions tor funding in accordance wi th tne 243

22

aetined fundin~ stanoards.

244

23

Section U.

246

24

Educational Assistance

247

25

Paragraph !

249

26

~Qtjz~. (a) Pursuant to laws now or hereafter 250

27

enacted by the General Assembly, pUblic funds may be 2S1

28

expended for any at t.'1e following purposes I

2:52

29

(I) '10 provide ~rants, scholarships, loans, 253

30

or other assistance to students ard to iJarents at 2:54

31

s tuaents ror educ at 10nal purpos es.

2::iS

- d-

LC 7 360 7

(2) To provide tor a program of guaranteed 2:56

2

loans to students and to parents of students tor 2";7

3

educational purposes, to pay interest. interest 258

4

sLDsidies and fees to lenders on such loans' and

5

the General Assembl y is authori zed to provide such 259

6

tax exemptions to lenders as shall be deemed 260

7

advisable in comect1on with such proQr"am.

261

8

(3) fo match funds now or hereatter availaole 262

9

tor stUdent assistance pursuant to any tederal law. 263

10

(4) To provide 9rents. scholarships. loans. 265

II

or .other assistance to State employees tor 266

12

educat10nal purposes.

267

13

(b) ContribUtions made in support ot any 268

14

educational assistance program now or hereafter 269

15

establiShed under provisions ot this Section may oe

16

deductible tor State income tax purposes as now or 270

17

hereatter provided by law.

271

18

ParaQraph II. lJuaUllU~a.m~Jlmr... Guaranteed 272

19

revenue debt may be incurred to provide funds to make 273

20

loans to students and to parents ot students for 274

21

educational purposes, to purchase loans made to s-cudents

22

and to parents ot students tor eaucational purposes, or 275

23

to lem or make deposits ot such funds with lenders 276

24

which snall be secured oy loans mace to students and to 2i7

25

parents ot students for educational purposes. Any such

26

debt shall be incurred in accordance with the procedures 2/ti

27

and requirements of Article VII, Section I II ot this 279

28

Constitution.

2ao

29

Par ~ raph I II

~l.Ib.u.'--Q.lJ.to:l.Q.I:.u.as..

flu 01 i c 20 I

30

authorities or puol1c corporations heretofore or 2d2

31

hereafter created for sucn purposes snall be authorized 203

32

to administer educational assistance pr~rams and. in

33

comection therewith, may exercise such powers as may 2el4

34

nol'l or here03tter oe proviJed oy law.

2d:;

- ~.-

. _-._--_._-------=-......--

J-lara..;raph IV. hgueJ:...J:l.L..IJ.Llllcc.. !'he Board of ;;;66

2

Regents ot tne university System 01' ueorgla snall oe 2d7

3

authorized to estaol1sh proQra;~s allowing attendance at 2C:8

4

units ot the Universi ty System ot Georgia ~l1tnout

5

payment ot tuition or other tees, but the General 289

6

Assemoly may provide by law for tne establ1shment ot any

7

such program for tne benefit ot elderly citizens of tne 290

a

State. II

291

9

S&UQl.....LL. The followin'1 amendnen ts to tOle 293

10 Constitution of 1945 and to the Constitution of 1877 which 294

II were continued in torce and effect by Article XIII, Section 295

12 I, ParaQraph I I of the Const! tution ot 1976 are hereoy 296

13 repealed in their entirety I

297

14

A. The amendment autnorizin~ the General Asseooly 2y8

15 to enact laws authorizing Chatnam County to create a 2W

16 retirement tund and a system of' retirement pay tor county 300

17 employees which was ratified on June 8, IY37, and which is

IS set forth in Georgia Laws 1937, pages 16-ld.

302

19

8. Ihe amendment authorizin~ the General Assemoly 303

40 to enact laws authori Zln~ rUl ton County and the gO';erning 304-

21 author !ties ot the SChool s ot said county to create a 3O:J

22 retirement and pension tund and a syste.rl'l ot retirement pay

23 tor county employees and tor county scnool employees and to 306

24 levy taxes tor that purpose which ~as rat it!ed on June 6, 307

25

1939, and whiCh is set torto in Geor~ia Laws 1939, pages 3~

26 39-41.

309

27

C. The amendment authorizing tne General Assemoly 310

28

to enact laws autnorizin~ IHchmond Count y to create a 311

29 retirement or pension tund and a system 01' retirement or 312

30 pension pay tor county employees wnlch was ratified on

31

August 3, 1'>143, and which is set tortn in Jeorgia Laws 1943, 313

32 pages 4d-5 I.

314

- 10 -
1.

_ _"",-,=...,,

.. __...,_.c.--
~

LC 7 3c67

D. The amendment extendiOQ coveraqe ot the pension 315

2 system authorized by. the I.:oo"lstitution tor county employees 316

3 in FUlton County to provide that tne oenetits of said 317

4 pens ion sys.tem shall be avail aole to all Stat e, State and 318

5 county and county otticers, deputies and employees and the

6 deputies ot such ott icers whose salad es or wages are paid 319

1 in whole or in part trom the tunds ot Fulton County which 320

8 was ratitied on November 2, 1948, and which is set tortn in 321

9

GeorQiaLaws 1941, p~es 174<,1-1751.

322

10

E. The amendment authorizin." tne General Assembly, 323

II

wi th respect to lUbe ~ounty, to enact laws constituti ng 324

12 pension or retiremoent plans for all or any persons elected 325

13 or appointed, or appointed oy any el eCted or appointed 326

14 ofticial, whetner .or not a county or State otficer, whose

15 salary, waQe or compensation is paid wholly or in part from 321
16 the tunds ot Bibb County, which was ratified on November 7, 328

11 1950, and which is set fort.'l in Georgia Laws 1950, pages 329

18

431-434.

330

19

F. The amendnent empowering the governing 331

20 authority ot Bibb I.:ounty to adopt, revise, amend, and modify 332

21 pension, disability and retirement plans for all or any 333

22 persons elected or appointed, whetner or not a county or a 334

23 State of ticer, whose salary, waQe or co~ensation is paid

24 wholly or in part by dibo County, which was ratitied on 335

25 November d, IY66, and which is set forth in GeorQia Laws 336

26

1966, pages 88 l-ad3.

337

21

G. The amendment authorizing an increase in 338

28 retirement oenetits of retired employees of the City of 339

2<,1 Griffin which was ratified on Novemoer 7, IYi2, and which is 34v

30 set forth in Georgia Laws 1'171, pa ...es 93:5-'>136.

341

31

H. fhe amendment authori zin:;l an increase in 342

32 retirement benei its ot persons retired under the retirement 343

33 system ot the Board ot education for the ~i ty ot Sav3mah 344

- .1 J -

---_. . . . ~_._-_.

LC 7 3to 7

and the County of ~hathc!m whicn was rati tied on oovember:5, 344

2

1974, and which is set forth in (,ieorgia Laws 1974, paqes

3

1692-1693.

346

4

I. The amendment a uthori zi n~ the governirq 347

5 authority or Fulton ~ounty to provide from time to time for 34d 6 the increase of retirement or otner benefits of retired 349 7 persons who have retired or wno retire in the future

8 pursuant to any retirement system, annuity and benefit fund 350

9 system, pension system or any similar system established for 351 10 any eq:lloyees of Fulton ~ounty wnich wasrat1tied on 3:52

II

November 5, 1974, and which is set torth in Georgia Laws 353

12

1974, paQes 1809-1 all.

354

13

J. The anendinent authorizin~ tne City Council of 355

14 the Ci ty ot East Point to provide oy orainance from time to 356

15 time for the increase of retirement or pension benefits or 357

16 retired persons who retired at any time prior to January I, 35d

17 1975, pursuant to any retirement system, pension system or

18 any similar system heretofore created oy law or by tl)e 359

19 governing authoritY of the City 01' East Point and to 360

20 author ize the Ci ty Council of said City to appropr iate runds 361

21

for such purpose, which was rati tied Novenoer 5, 1974, and 362

22 which is set tor~~ in ueorgia Laws IY73, paQes 1495-1496.

363

23

K. The anendment providin-J that in all cities of 364

24 this State havinQ a population ot more than 300,000, as 365

25 disclosed by the United States Decennial ~ensus ot 1970, or 366

26 anytuture sucn census, the governin; authority shall ce 367 27 authorized to provide, trom time to time, tor the increase
28 ot retirement or pension benefits of persons who ha'/e

.29 retired from employment with any sue:-. mlJ1icipal corporation

30 and who ret1red pursuant to any retirement system, annui ty 370

31 and cenerit fund, pensi.on sy stem or any similar system

32 heretorore or hereatter created oy law, which was ratified 371

33 on oovember 5, 1'>174, and which is set forth in Georgia Laws 372

34

1973, pa~es 14>13-14'>':).

373

- 1-2 -

LC 7 3667

L. 'fne amenomEl ." autnori zing .. he governing 374

2 authority 01' Floyd County to.include witnin any retirement 375

3 system or plan here ..otore or hereatter creal:ed by such 376

4 governing authority any or all persons, excepl: elecl:1ve 377

5 county otticers, whose cOJJ+lensal:ion, or at least 50%

6 thereof, is paid trom the funds 01' Floyd County, which was 378

7 ratitied on l'Ovemoer 2, 1.>'76, and whlen is set torth in 3i9

8 Georgia Laws 1976, paQes I 887-1!:l..Jd.

380

9

It(. The amendment autnori zing the governing 381

10 authority of the City 01' Marietta to proviae for an increase 382

II

in retirement benetits of retired employees ot said Ci;;y, 383

12 ~ich was ratified on Novemoer 2, !\)76, and ....nicn is set

13 torth in veoNia Laws 1)/76, pa;;jes 137.2-1873.

3l::l5

14

Se.s;.Uco...-.U..1he follo\Vin\,l amenc:inenl:s to tl1e 3b7

15 Consti tUl:ion of 1976 are heracy repealed in l:neir entirClty: 3di:3

16

A. The amendment increasing t",e pensions paid to 390

17 certain widows and children of deceased members 01' the 391

18

Firemen and Police ~ensionFundof the City of Macon which 3<,12

19 was ratitied on Novemoer 7, 19713, and which is set fOrl:h in 3)13

20 Veore"ia La'lIS 1977, pa..;es J61od-1614, and in Georqia La.~s

21

1978, pages 23 11-2312.

394

22

8. The anend/nent authorizing the General Asseroly 395

23 to provide by law tor. the increase 01' retirement or pension 3)16

24 benefits 01' individuals who retired pursuant to an Act 397

25 providiny a sYSl:em 01' pension and re .. irement pay for 3913

26 teachers and employees 01' l:ne Boara or Education 01' fulton 27 County, approved Feoruary 2,1'1'45 (Ga. Lcr.~s 1'>145, p. 52dJ, 39'1

28 as amended, and the beneficiaries of sucn individuals, whi:h 4())

29 WaS rat1I'ied on Novemoer 7, 1978, and which is set tortn in 4Ul

30 VeorQia Laws 1',177, pages 1562-1564, and in Georgia Laws

31

1978, pages 2312-2313.

403

- 13 -

.- .=---_.. _----_._-------- ---_.... -
LC 7 366 7

S~llcc--Ll. -lhc .:leove pro,:;ose-:l a::le:"Idr.l.-.1t to t;.e

2 Consti tution shall oe ;Jubl1shed ana suomitted as provided in

3 Article XII, Section It tJara;,raph I of the Constitution.

4Jd

4

The ballot submitting the above proposed amendment 409

5 shall have wri tten or printed thereon the tollowingl

412

6

II( l fES Shall tne Constitution be amended so as

4 (4

7.

to revise completely Article X relating

415

8

l NO to retirement systems and educational

418

9

scholarsnips and to change other

423

10

provisions of the Constitution in

II

connection with such revision?"

426

12

All persons desiring to vote in favor of ratifying 427

13 toe proposed amendment shall vote .. Yes." All parsons 429

14 aesiring to vote against ratifying the proposed amendmel1t 430

15 shall vote '''1'0.''

431

16

It such amendment shall oe ratitied as prOVided in 4.32

17 said Paragraph of the Consti tution, it shall become a part 433

18 of the Const itut ion of this state.

435-

19

~tiWl.-JA. It this amendment to the Constitution 437

20 is ratified as prOVided by Section 13 aoove, it shall become 438

21

effective on July It 1)/81.

-14 -

ARTICLE XI. THE LAWS OF GENEllAL OPERATION
IN FORCE IN THIS STATE
SECTION I.
Paragraph I. Supreme law. The laws of general operation in this State are, first, as the supreme law: the Constitution of the United States, the laws of the United States enacted in pursuance thereof and all treaties m~de under the authority of the United States.
Paragraph II. Second in authority. Second, as next in authority thereto: this Constitution.
Paragraph III. Third in authority. Third, in subordination to the foregoing: all laws enacted by the General Assembly.
Paragraph IV. Local laws and private acts. Fourth: local laws passed for the benefit of counties, municipalities, and other political subdivisions and private acts passed for the benefit of private persons.
Paragraph V. County and municipal ordinances and resolutions. Fifth: ordinances and resolutions adopted by counties, municipalities, and any combination thereof, as authorized by the Constitution or by law.
Paragraph VI. Preservation of existing laws; judicial review. All laws, acts, ordinances and resolutions in force and effect on June 30, 1983 not inconsistent with this Constitution shall remain in force and effect until the same are modified or repealed, but such enactments shall be subject to judicial decision as to their validity when passed and to any limitations imposed by their own terms.
Paragraph VII. Proceedings of courts and administrative tribunals confirmed. All judgments, decrees, orders, and other proceedings of the several courts and administrative tribunals of this State, heretofore made within the limits of their several jurisdictions, are hereby ratified and affirmed, subject only to reversal by motion for a new trial, appeal, bill of review or other proceedings, in conformity with the law in force when they were made.

ARTICLE XII AMENIlmNTS TO THE CONSTITUTION
SECTION I CONSTITUTION, ROW AKENl)ED
Paragraph I. Proposals to ame~d the Co~stitutioni new Constitution. Revisions of or amendments to this Constitution or a new Constitution may be proposed by the General Assembly or by a constitutional convention, as provided in this Article. Upon the effective date of this Constitution, no amendments except those of a general nature having uniform operation throughout the State shall be proposed or passed and no amendments using population as a basis for classIfication shall be proposed or passed.
Paragraph II. Proposals by the Genersl Assembly; submission to the people. A proposal by the General Assembly to revise or amend this Constitution or for a new Constitution shall originate as a resolution in either the Senate or the Bouse of Representatives and, if approved by two-thirds of the members to which each Rouse is entitled in a roll call vote entered on their respective journals, ahall be submitted to the electors of the entire State at the next general election which is held in the even-numbered years; provided that the Governor shall cause a summary of such proposal prepared by the Attorney General, the Legislative Counsel, and the Secretary of State to be published, as provided by law, in one or more newspapers having general circulation in each c~unty once each week for three consecutive weeks immediately preceding the day of the general election at which such proposal is to be submitted and shall cause 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 for a similar period. The language to be used in submitting a proposed revision or amendment or a new Constitution shall be in such words as the General Assembly may provide in the resolution, or in the absence thereof, in such language as the Governor may prescribe. A copy of the entire proposed revision or amendment or of a new Constitution shall be filed in the office of the judge of probate court of each county and shall be available for public inspection, and the summary of the proposal shall so indicate.

If such 'proposal is ratified 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 as provided in Paragraph VI of this Article. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately, provided that related changes in one or more articles, and one or more new articles, may be submitted as a single amendment.
Paragraph III. Repeal or amendment of proposal. Any proposal by -the e
General Ass8lllbly to revise or amend this Constitution or for a new Constitution may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative vote of two-thirds of the members to which each House is entitlted in a roll call vote entered on their respective jouroals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted to the people.
Paragraph IV. Constitutional conventionj how called. No convention of the people shall be called by the General Assembly to revise or amend this Constitution or to propose a new Constitution, unless by the concurrence of two-thirds of the members to which each House of the General Assembly is entitled. The representation in said convention shall be based on population as near as practicable. A proposal by the convention to revise or amend this Constitution or for a new Constitution shall be advertised, submitted to, and ratified by the people in the same manner provided for advertisement, submission and ratification of proposals by the General Assembly. The General Assembly' is hereby 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.
Paragraph V. Veto Not Permitted. The Governor shall not have the right to veto any proposal by the General Assembly or by a Convention to revise or amend this Constitution or to provide a new Constitution.
Paragraph VI. Effective date of amendments, revisions, or of a new Constitution. Unles8 the amendment, revision, or the new Constitution itself or the resolution proposing the amendment, revision or the new Constitution shall provide otherwise, an amendment or revision to this Constitution or a new Constitution shall become effective on the first day of January following its ratification.

..
ARTICLE XIII MISCELLANEOUS PJOVISIONS

SECTION I MISCI!LLANEOUS PROVISIONS

Paragraph I. Continuation of officer., boards, coasissions and

authorities. (a) Except as otherwise provided in this Constitution, the

officers of the State and all political subdivisions thereof in office on

June 30, 1983, shall continue in the exerci.e of their functions and duties,

subject to the provis~ons of laws applicable thereto and subject to the

provisions of this Constitution.

(b) All boards, commissions, and authorities specifically named in

(

the Constitution of 1976 which are not specifically named in this Constitution

shall remain as statutory board coasissions and authorities. and all

constitutionsl and statutory provisions relating thereto in force and effect

on June 30. 1983 shall remain in force and affect a. statutory law unless

and until changed by the General Assembly.

Paragraph II. Continuation of certain constitutional 8IIIendments for a period of four years. All m.ting constitutionsl amendments which fall into either of the categories listed below shall be continued in effect for a period of four years from the effective date of this Constitution, at which tme they shall be automatically repealed. unles. they shall have been continued in effect without amendment by general or local law.
(
1. Amendments to the Constitutions of 1877 and 1945 which were continued in force and effect as part of the Constitution of 1976 by Article XIII, Section I. Paragraph II of the Constitution of 1976.
2. Amendments to the Constitution of 1976 which were determined to be not general and which were not submitted to and ratified by the people of the entire State, including all such amendments which were ratified at the same time this Constitution was ratified. Amendments falling into either of the abOve categories which are continued
in effect by general or local law shall be legal, valid and constitutional under this Constitution, but such amendments may not thereafter be revised or amended except as provided in Article XII. Laws which were enacted pursuant to specific authorization contained in such amendments are likewise continued in force and effect as such laws existed on June 30, 1983 and are declared to be legal, valid and constitutional under this Constitution.

..

- -' j
Paragraph III. Spedal cOlllllliuion created. Amend_lUts to th",

Constitution of 1976 which were determined to be,genera~ and which wer'
submitted to and ratified by the people ~f the entire State at th;;'8~e
time this Constitution was ratified shall beLincorpofated and "de~, p~rt

of this Constitution es provided in this Paragraph. There is hereby

created a cOllllllission to be compoeed of the President of the Senate, the

Speaker of the House of Representatives, the Attorney General, the Secretary

of State and the Legi.lative Counsel, which i. hereby authorized and directed

to incorporate such amendments into thia Con.titution at the places deemed

most appropriate to the commission. The commi.sion shall make only such

changes in the language of this Con.t1tution and of .uch amendm*nts as are

neces.ary to properly incqrporate .uch amendments into thi. Con.titution

(

and,ahall complete its duties prior to July 1,1983. The commiion .hall

deliver to the Secretary of State this Cattstitution With those amendments

incorporated therein and such docUllletlt shall be the eoustitution of the '
7""-
State _?f Georaia of 1982. In order that the cOllllil:1ssion may perfoTIII its

dut~es this Paragraph shall become effective as .oon as it has been

officially deteTlllined that this Constit~t1an~haa been ra~ified.- the'

; 1'[[-;,'1

!

I ': : ~t.~" # ;.:

.. ~~. ,7:' .~_; t{;"

caum1ssion shall stand ...bo1i.bed,upon the c~letion of its duties, ,.

I

"~~ ~~; ,,,r.J.~.".

--'-l'-vqrapb, ,IV. Effective date~;::;!xee~fi'~~prbviC\~:'1f}a.ragrap1ini of

',,"'-; tlits Section, this ~sti~~t:i.~--'h&il'becOlli"effectj,y4Lon J~lY 1, 1~83. and

" ~.", '~" "~~'-=-'::" -~~.~,

r.')

. _-~

f -.i ",J i ;rf,) [\1 p:c::ept . . otherwise provfaa4 1njorth~. COQ.lt1tution, the ConstitutiQtt.8 of

), ,::,~.~~,;~.;~~s.: and:i9?,6, alid all amenclmen~~ theretP:~~~~l1'thereupon .tand'r~~~~t~{;

\ ",' "

,) '1:



I

:l
o?l'! ..r

l.1
, (;;,11
i

..::, .'

PAGE 1

2

STATE OF GEORGIA

3

4

SELECT COMMITTEE

5

ON

6

CONSTITUTIONAL REVISION

7

8

9

10

Czl 11 io=
0..
12 ~
l Q r ~ ~14 I':z": 15 .:l
Cl
;;;)
16 ~... Q
Z
17 ::; THE

HONORABLE

GEORGE

BUSBEE,

MEETING OF LEGISLATIVE OVERVIEW COMMITTEE AND SELECT COMMITTEE
Governor of Georgia, Presiding

18

19

20

21

22 ROOM 341 STATE CAPITOL
23 ATLANTA, GEORGIA

24 FRIDAY, JUNE 5, 1981 9:00 a.m.
25

2
3
4 5
6
7
8 9
10 Cz!I
11 i=
'o"
0-
12 ~
~~r~ ~ ! 14 ol-n :r:: 15 ~ C!I '"::;) 16 .~.. Q Z 17 ::;
18
19
20
21
22 23
24
25

I NDE X

PAGE 2

Call to Order, George Busbee, Chairman, Select Committee on Constitutional Revision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 3

Introductory Remarks, J. Robin Harris, Executive Director, Select Committee on Constitutional Revision ....... 3

Remarks regarding analysis of local constitutional amendments, 1959-1979, Michael J. Henry ............................. 5

Presentation of Proposal for treatment of

Local Constitutional Amendments in force

and effect on July 1, 1983, Mr. J.

Robin Harris

17

Motion to Adopt, Representative

A~L. Burruss; second by Senator

Al Holloway

22

Adoption of Proposal ........... 42

Adj ournment

43

PAGE 3

PRO C E E DIN G S

2

GOVERNOR BUSBEE: All right. If the meeting will

3 corne to order, we will proceed.

4

If you will recall, on yesterday Mr. Tidwell went

5 over the notebook; he mentioned some of the items that have

6 been requested that will provided at the very earliest possiblE

7 date, and in all events before we meet again.

8

I know you took your thick books horne with you last

9 evening, and I just wondered if there's any suggestions, any

10
"z
11 i=
.'o."....
~ 12 ~
~r~ ! 14 I':"r ".. 15 oll ::;) 16 .~.. oz 17 :

additional information for any additional information other than what he has already stated would be provided.
All right. If not, I calIon Mr. Harris then. MR. HARRIS: All right. GOVERNOR BUSBEE: Wai"t a minute before you start. I look out at the audience you know, I mentioned yesterday that we had a very hard chore ahead of us and that we have gone through this process now on two occasions, and this was

18 the third shot around, and the odds seem to be against us, but

19 as I look up and see Bill Shipp sitting here as a part of this

20 process today I'm sure we'll succeed in our endeavor. We're

21 glad to have him.

22

The Speaker is the one that asked me to say that.

23

Mr. Harris.

24

MR. HARRIS: Mr. Chairman, as was announced

25 yesterday afternoon, basically the sole issue that we will

PAGE 4

ask that you take up and decide today is whether or not

2

local constitutional amendments shall be continued, permitted

3

to be continued following the adoption of this proposed

4

Constitution.

5

For the past two years the Office of Legislative

6

Counsel and the staff of the Select Committee made a sincere

7

effort to pull together into one place Georgia's Constitution

8

so that you could see it, the public could see it, and

9

everyone would know what we were talking about.

10
III
11 5Z
.o.....
@J;I'"
g 14! I'<"C( :I: 15 oll III '";:) 16 ~... Q Z <C( 17 ~

And I hate to admit to you that we have failed. We have partially succeeded, and here Mr. Henry is bringing down the 58 percent of Georgia's Constitution. The other 42 percent we have not as yet brought together, so that nowhere in this state does Georgia's Constitution exist as one document.
A VOICE: It's a nice little wagon MR. HARRIS: This is the size of the product, and

18 this is the one we would ask that you address.

19

Now, in proposing to eliminate local constitutional

20 amendments we are not doing it in such a manner as would

21 preclude the adoption of local laws subject to, with or

22 wi thout a referendum in those maj'or areas that have been the

23 subject matter of local constitutional amendments in the past,

24 and I would like at this time to calIon Mike Henry who is of

25 the staff to run through briefly what we are proposing instead

PAGE 5

of the 'continuation of the ability to have local amendments.

2

Mickey, if you will come forward at this time and

3 run through briefly how we propose to handle this problem.

4

MR. HENRY: The staff of the Select Committee

S compiled and analyzed those 633 local amendments right there

6 looking for the constitutional limitations in the present

7 document which gave rise to the need to amend the constitution

8 that many times.

9

If you will take on your memorandum and pullout the

10 back page the chart on the back page --

GOVERNOR BUSBEE: Is this the one that has local

amendments 1959 to 1979?

MR. HENRY: Yes.

GOVERNOR BUSBEE: All right.

A VOICE: Do you have some extra copies?

GOVERNOR BUSBEE: All you want right here.

(Pause.)

18

GOVERNOR BUSBEE: All right. We will proceed.

19

MR. HENRY: The staff selected the survey period from

20 1959 until 1979 because we felt that this would give us an

21 idea of what the most recent problems were with the Georgia

22 Constitution that would necessitate a local constitutional

23 amendment.

24

As Mr. Harris pointed out, this represents 58

2S percent of all local constitutional amendments in existence.

PAGE 6

At best count there's 1,092 local constitutional

2 amendments.

3

In doing this study we found that approximately 78

4 percent of all the amendments in this study fell into seven

5 general categories, subject matter categories, and you will

6 note on your chart that I listed the categories and listed

7 the percentages.

8

The results of this study were made known to the

9 Committee to Revise Article VII and Article IX, and also

10 Article VIII and Article VI where it was applicable.

In the first area is tax exemptions. This is

generally local homestead tax exemptions. I think of

particular significance is the fact that 30.8 percent of all

the local amendments ratified from 1969 to 1979 fall into this

cagegory. This is generally to get around the provision in

the present Constitution which says that all laws exempting

property from taxation other than the property enumerated 18 in the Constitution shall be void.

19

The Committee to Revise Article VII was aware of

20 this problem and attempted to address it. They would authorize

21 local homestead exemptions to be granted by local law subject

22 to a refereBdum so that you would basically have the same

23 protections that you now have, it just wouldn't be a part of

24 the Constitution, it would be a local law rather than a local

25 constitutional amendment.

---.----_._---

PAGE 7

The second subject matter area of J.P. jurisdiction

2 generally was to increase the J.P. jurisdiction throughout

3 the state. Presently J.P. jurisdiction is set in the

4 Constitution, and it is limited in civil cases to $200.

5 The local constitutional amendments generally would increase

6 this civil monetary jurisdiction, and you have now from 200

7 up to I think $5,000 in some cases.

8

In the third subject matter category is listed

9 county licensing/ordinance/regulation of businesses. This

10 basically authorizing counties to license business in the

CzI
11 I.oc...r-..: unincorporated areas of the county.

That by a court decision

9;1 has found to be a tax, and by allowing it only in the unincorporated areas of the county it was found to be non-

! 14 I- uniform, so that in order to allow counties to do this you

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15 .:l had to have a local constitutional amendment.

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The Committee to Revise Article VII knew of this

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17 : problem and proposed to allow the General Assembly to

18 authorize counties to tax businesses or license businesses

19 in the unincorporated area either by local law or if the

20 General Assembly opted to set up a general statute.

21

One thing that's kind of curious about this subject

22 matter category is that there was an amendment added to the

23 Constitution in 1964 which authorized this, but it came out

24 subsequently in 1966 when the county home rule provisions were

25 put in the Constitution.

PAGE 8

The next subject matter area is the creation of

2 special districts and the provision of a local government

3 service within that district and the taxation or the levy of

4 a tax or a fee only within that district to provide that

5 service. This again otherwise violates the uniformity of

6 taxation provision of the Constitution which says that all

7 taxes shall be levied and collected, or shall be uniform

8 within the jurisdiction levying the tax.

9

The Amendment 19 effectively took care of this in

10 1972 where it's now authorized in the Constitution and will be

11 5\z:I continued to be authorized for the counties to set up special
o...
~ - ~ ~ ~ 12 ~ districts for service delivery and proposed tax only within that district.

! 14

The next subject matter area is development

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15 ~ authorities. You will note there was 40.2 percent of the

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16 ~ local constitutional amendments ratified between the period

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17 : 1959 and 1969 that created or authorized the creation of

18 development authorities.

19

In 1968 there was a general provision added to the

20 Constitution which authorized the General Assembly to adopt

21 legislation which would create development authorities in

22 all 159 counties, so that if you will note from 1969 to 1979

23 after the law was passed you had a drop down to 7.2 percent,

24 and this was generally because there are so many development

25 authorities created by local constitutional amendment that

PAGE 9

the only way to change that, say to change the members on the

2 authority, to change the interest rates of the bonds, do do

3 various other things, was to come in and amend uhat prior

4 local amendment with a later local amendment. This can now

5 be provided by law, and in fact the law sets up a development

6 authority in every county subject to being activated by the

7 local government.

8

The Article IX Committee also recommended that the

9 general provision that's in the Constitution right now be

10 continued so as to allow development authorities to be set up

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by

law,

and also added a

provision on community redevelopment

@ ; j which would authorize some of your downtown development authorities which are kind of a new twist in the development

! 14 authorities that have come out within the last five or six

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In the next area, county board of education

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17 ::; composition, these local amendments authorize the changing

18 of the members from -- the changing of the number of members

19 on the county boards of education, the terms, the method of

20 selection or appointment. If you will note 13 percent of all

21 amendments from 1959 to 1969 dealt with this issue. There

22 was in 1966 a general provision added to the Constitution

23 which authorized counties or local jurisdictions to do it on

24 a local option type basis. That has been continued in the

25 present Constitution, and it would appear that there is no

PAGE 10

longer a need for local constitutional amendments in this area.

2

The next area is city and county taxation or bond

3 issuance for certain purposes. This is a rather broad area.

4 Basically as is presently in the Constitution there is a list

5 of purposes for which counties can tax, and in order to

6 authorize the county to tax for a purpose other than those

7 enumerated you would have -to have a local constitutional

8 amendment.

9

The Article IX Committee took out those enumerated

10 purposes and said that the General Assembly can authorize

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11 i= the counties to tax for any public purposes provided by law 0: 2...
@);I or for any other purposes provided by general law, so that you could do this by law now.

! 14

Another aspect of that subject matter area is the

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17 g in the Revenue Bond Law of 1937 as amended through 1939, and

18 any amendment after 1939 would be of questionable

19 constitutional validity, so that you're resticted to the way

20 that law exists as of 1939.

21

The Committee to Revise Article IX said that

22 revenue bonds can be issued for any purposes authorized by

23 law, so that all the purposes added since 1939 would now be

24 valid purposes for the issuance of revenue bonds.

25

That basically takes care of those seven categories.

PAGE 11

In other words, the committee has addressed all

2 seven of these categories, and all seven of these categories

3 the local amendments would be obviated or would be made

4 unnecessary by the committee proposals.

5

Now, there were several other categories which were

6 not numerous enough to rank being its own special subject

7 matter category.

8

If you will look down your memo on page 2, Local

9 Retirement Systems, I believe that Senator Holloway told you

10 yesterday the Committee to Revise Article X researched the

issue, pulled out all the local constitutional amendments that

applied to local retirement systems, addressed the problem

in their draft, and in fact recommended that the 16 I believe,

16 or 18 of the local constitutional amendments that exist

be repealed so there would no longer be a need under the

Article X Committee proposal to have a local constitutional

amendment on local retirement systems.

18

On the issue of consolidation of city and county

19 governments, almost all consolidation efforts have been

20 initiated by local constitutional amendment. The Committee

21 to Revise Article IX was aware of that and put a general

22 provision in there which would authorize the General Assembly

23 by general law to set out procedures by which consolidation of

24 city and county governments could take place.

25

Consolidation of county and independent school

PAGE 12

systems. There were many local constitutional amendments

2 which effectuated the consolidation of county and independent

3 school school systems.

4

The Committee to Revise Article VIII did essentially

5 the same as the Committee to Revise Article IX, and provided

6 a general provision whereby the General Assembly by general

7 law could set up a procedure by which these types of school

8 systems could be consolidated.

9

Number 11, the creation of county civil service

10 systems. At present in order to bring the employees of

..11

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officer

into

a

county civil

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service system -- for instance, bringing the sheriff's employees or the tax commissioner's employees under the

! 14 t- general county civil service system requires a local CIt :z:

15 .:I constitutional amendment.

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The Committee to Revise Article IX was aware of this

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17 ~ and provided a general provsion whereby the General Assembly

18 could provide by general law for the creation of such system.

19

In the area of county government police powers, at

20 present counties may not -- they can adopt ordinances, but

21 they can't prescribe penalties or fines for those ordinances

22 unless it is done by local constitutional amendment.

23

The Committee to Revise Article IX proposes that

24 counties be able to set penalties for county ordinance

25 violations.

PAGE 13

The Committee to Revise Article VI has recommended

2 that county ordinance violations be placed in some court of

3 limited jurisdiction so that you wouldn't be violating the

4 uniformity of jurisdiction provision.

5

The next item, special service district debt. In a

6 lot of the local constitutional amendments creating special

7 districts and authorizing the levy of a tax in that district

8 for the provision of a service they also went on to authorize

9 the incurring of bonded indebtedness to build capital facilitie~

10 for the provision of that service in the district.

The Committee to Revise Article IX recognized this

and provided a provision whereby the county could incur debt

on behalf of the special district and have the debt serviced

by the taxes levied only within that district.

That basically covers all the subject matter areas.

Just a few more brief comments on the results of the

study. It was determined that there's two primary reasons why

18 a local constitutional amendment is msed, either to circumvent

19 a provision of the general law -~ as you know, the

20 Constitution provides that general law shall have uniform

21 application, no local laws may be enacted where the subject

22 matter has been preempted by general law, so that if there is

23 a general law that applies to all local governments or all

24 counties or all cities and a local government wants to come

25 does not want that general law to apply to it, it has the

PAGE 14

option of getting a local constitutional amendment, and that

2 local constitutional amendment can alter the effect of that

3 general law on that local subdivision, so that is one of the

4 primary reasons for local constitutional amendments to alter

5 the effect of a general law in the various jurisdictions.

6

The second, and I guess the most obvious is to

7 circumvent a provision of the Constitution itself. Every

8 amendment to the Constitution, whether it's general or local,

9 stands with equal dignity, so that you have a general provisior

10 in there that says that you can't exempt property from

11

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you

have

a

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amendment

that

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@);;.~.. you can; they stand on equal dignity, so the other reasonis to circumvent a provision of the constitution itself.

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The Committee to Revise Article VII and Article IX have recommended that local constitutional amendments be prohibited in the future and that existing local constitutional amendments be continued in effect for four years, and

18 during that time period all the local governments would be

19 asked to review their local constitutional amendments,

20 determine whether they were obsolete due to nonuse, because

21 there are some of them that are still existing that were

22 adopted in 1877, or to find out whether they continue to need

23 to have that authority based on the new proposals, and if

24 the new proposal covers the situation that was covered by

25 one of their local constitutional amendments, then hopefully

PAGE 15

that amendment could be repealed, but the committee further

2 recommended that if it is found that a local jurisdiction has

3 a local constitutional amendment that's absolutely necessary

4 that they have been operating under for years and that the

5 proposal doesn't take care of it, they stili need it, then

6 it could be continued by either a general law or a local

7 law, but that it would be continued without amendment.

8

That concludes my remarks.

9

MR. HARRIS: Thank you.

10

GOVERNOR BUSBEE: Senator Bell.

SENATOR BELL: It's a procedural question really,

and I'm not sure who to direct it to.

The question is this. If we adopt the question

before us about not having local constitutional amendments,

adopt it at this point, that presumes that we are going to

have the flexibility in the Constitution that makes it

unnecessary to have local constitutional amendments, and if18 some of those are not adopted later on, how do we reopen this

19 question?

20

GOVERNOR BUSBEE: You would have the opportunity,

21 Senator Bell, of reconsidering. We're going to address --

22 when we start to discuss the proposals we're going to discuss

23 this.

24

Of course, as you say, it will necessitate us

25 addressing these seven categories that comprise 78 percent of

PAGE 16

all amendments, and you might want further reflection at the

2 end of that time, but you might want to consider also we have

3 a proposal that Mr. Harris is going to talk about in just a

4 moment that is the procedure as to how you can go about

5 continuing the local constitutional amendments in force and

6 effect, so we might have some improvement on that language,

7 so you will have an opportunity to reconsider.

8

SENATOR BELL: The question I'm asking is and I

9 support the concept we're talking about here -- but if I also

10 wanted something in the Constitution that would allow

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flexibility

and

that didn't pass,

the

procedure

for

reopening

@;I that question so that we could get this back in at a later date.

! 14 I-

GOVERNOR BUSBEE: This committee can reconsider

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15 olI anything, and I'm sure --

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SENATOR BELL: At any time?

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GOVERNOR BUSBEE: You will have the opportunity

18 before final adoption, yes.

19

All right. Mr. Harris.

20

MR. HARRIS: Mr. Chairman, as

21

GOVERNOR BUSBEE: Excuse me. There's another

22 question? Representative Rudolph Johnson.

23

REPRESENTATIVE JOHNSON: Mr. Harris, I'm a little

24 confused by some of Mr. Henry's terminology; he used the

25 term local government on occasion, and on occasion he used

PAGE 17

the term local law, and particularly on -- he said Amendment

2 19 creating county tax districts that it would be done by

3 local law.

4

Now, does he mean by local act of the General

5 Assembly, or local act of the county commission?

6

And on the development authorities he used the term

7 local government. Are local development authorities going to

8 be allowed to be created by county commissioners by

9 resolution, or is it going to take action of the General

10 Assembly?

MR. HARRIS: My recollection from having read that

proposal in Article IX is that it would be done by an act of

the General Assembly.

GOVERNOR BUSBEE: That's correct. It's a local act

of the General Assembly. I'm correct on that?

MR. HENRY: Right.

MR. HARRIS: That's my recollection.

18

REPRESENTATIVE JOHNSON: In both cases?

19

MR. HARRIS: Yes, sir.

20

GOVERNOR BUSBEE: Proceed, Mr. Harris.

21

MR. HARRIS: It is the belief of the committees that

22 have worked on these new proposals that only amendments to the

23 constitution that are of general nature and of uniform 24 application should be permitted in the future.

25

The proposal is -- and this is subj ect to change as

PAGE 18

we go through, but we are throwing out to you the proposal

2 that existing amendments which are not general, that are of

3 force and effect on July 1, 1983 -- and that will be the

4 effective date of the proposed new Constitution -- would be

5 treated in the following manner:

6

They would be continued for a period of four years,

7 or in short they would be permitted to remain in force and

8 effect until July 1, 1987.

9

GOVERNOR BUSBEE: Mr. Harris, let me get you to hold

10 up just a minute.

Mr. Tidwell is passing out the proposal that you're

speaking of, and let each member get a copy before we proceed.

(Pause.)

GOVERNOR BUSBEE: All right. Proceed.

Is that a question, or do you want a copy of this?

SENATOR LITTLEFIELD: I have a question.

There are several school boards that existed prior

18 to the Constitution of 1877, and from time to time they come

19 under local constitutional amendment or local amendments to

20 the school board. What kind of effect would this have on

21 those school boards that existed prior to the 1877

22 Constitution?

23

MR. HARRIS: This does not directly deal with those,

24 but they are dealt with in Article VIII, and basically they

25 are not continued as they have been in the past. There were

PAGE 19

five areas basically as I recall where they differed as to

2 the method of levying the tax, the method of selecting members.

3 The article committee reported on that yesterday, and there's

4 only one area really that's not otherwise covered by the

5 proposal in that article, and so they would no longer be

6 considered to be

This doesn't have any effect on them,

7 but they are treated in that article that we will come to when

8 we take it up. Macon, Savannah -- I've forgotten who all is

9 involved.

10

Anyway, these local amendments would remain in

effect through July 1, 1987, at which point they stand

abso1ished unless prior to that time it was determined by

the local governing authority, whether it be the city or

county, that they wanted to have it continued in force and

effect, in which event the General Assembly could either by

local bill or by general bill, with or without a referendum

as the local delegation might determine, continue them

18 forward.

19

Those that are not specifically continued forward

20 having the force and effect of law would stand abolished.

21

REPRESENTATIVE GREER: Mr. Chairman.

22

GOVERNOR BUSBEE: Representative Greer.

23

REPRESENTATIVE GREER: John Greer, Fulton County.

24

Robin, let me ask you a question about it, you may

25 have already explained it.

PAGE 20

The question of pensions or retirement that have

2 been passed that are under contract, some of them have been

3 been under constitutional amendments that would run on out

4 over a period of years, how would they be affected by this?

5

MR. HARRIS: They are treated specifically in

6 Article X that Senator Holloway was addressing yesterday,

7 the local pensions. They are treated specifically in

8 Article X, and this would not really have any effect on

9 this in and of itself would not affect the local pension

10
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17 :

situation. That is dealt with separately. GOVERNOR BUSBEE: Senator Ballard. SENATOR BALLARD: Robin, why did you not go into it
and make all of these continue as by operation of law, and then if they wanted them out they would pass a bill to take them out instead of requiring all of this legislation to put them back in? Why didn't you do that?
MR. HARRIS: The problem you run into when you just

18 generally and it's easy to do, it's the easiest way to go

19 about it, is to say everything that's valid before continues

20 to be valid, but nobody knows what was valid before, and

21 nobody takes the trouble to look at it, and certainly nobody 22 at that point is going to be concerned with repealing it, 23 so we took the reverse tack and said they're going to be void

24 in four years unless they're specifically acted on and there's

25 a need to continue them.

PAGE 21

Now, whether you do it the other way or not is a

2 matter for this group to decide, and the General Assembly.

3 This is simply a recommendation.

4

The first question really has to do with shall we

5 prohibit in the future after July 1, 1983 constitutional

6 ronendments that are purely local in nature.

7

GOVERNOR BUSBEE: Senator Holloway.

8

SENATOR HOLLOWAY: Mr. Chairman, in the Article X

9 it so happened that there were just a few constitutional

10 amendments to the extent that we could research and be

absolutely sure that we picked them all up.

However, it would be my suggestion if we put all

others in the four-year continuance I would suggest that we

put them all in the same basket, not go on and repeal those

fifteen out of a thousand.

MR. HARRIS: Of course that's a matter that

addreses itself to the body. This is the recommendation

18 that's coming to you from the article committees.

19

Mr. Chairman, if there are no other questions I

20 will --

21

GOVERNOR BUSBEE: Representative Burruss.

22

REPRESENTATIVE BURRUS: Mr. Chairman, assuming the

23 adoption of this proposal, how would we determine what is a

24 general or uniform constitutional amendment? Who would make

~ that decision?

PAGE 22

GOVERNOR BUSBEE: It's my understanding, 2 Representative Burruss, on each of the amendments that have 3 been proposed in the past there was a determination made then 4 as to whether they be treated as local or general constitu-

5 tional amendment. We have a committee that makes this

6 determination, and it will be treated the same as it was at

7 the time it was passed.

8

REPRESENTATIVE BURRUS: Are you ready for a motion?

9

SPEAKER MURPHY: I want to make a motion to amend

10 this thing.

GOVERNOR BUSBEE: The question is are we ready for

a motion on this. I think the procedure should be if we could go on and get a motion on the floor, and then any amendments

proposed, then we could have discussion on it, and the

speaker had one amendment he would like to offer to it, so

I think it would be in order for you to move for the

adoption and let him move to amend.

18

REPRESENTATIVE BURRUS: I so move.

19

SENATOR HOLLOWAY: Second.

20

GOVERNOR BUSBEE: The motion has been made that we

21 adopt the proposal that has been laid before you on doing

22 away with the local amendments and carry forward as provided

23 in the proposal, and there has been a second to that motion.

24

Now I recognize the speaker.

25

SPEAKER MURPHY: Let me borrow your microphone.

PAGE 23

What I would like to do, Mr. Chairman, is at the

2 end of the first paragraph there where it says that " be

3 specifically continued in force and effect pursuant to the

4 provisions of a general or local law enacted prior to July 1,

5 1987," -- since all these things were enacted by vote of the

6 people and to make it specifically and certainly clear to

7 add right there at the end of that "with or without a

8 referendum as provided by law" where the people or members

9 of this body could have the opportunity to give the people

10 the right to change those things by referendum.

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11 i..o<=..r..:

That was the purpose of that.

~ 12 ~

GOVERNOR BUSBEE: I might say in this connection

(@!)F~ yesterday we had the staff, the Lieutenant Governor, the

! 14 ... Speaker and several of us that were discussing this, and it

'"

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a 16 ~.cz.. referendum, and the Speaker said he wanted to make absolutely
17 certain if you wanted to put a referendum contingency on your

18 local legislation to extend it you would have that right to

19 do so, so from the attorneys' standpoint they feel that this

20 already the sense of the resolution, but the Speaker wanted

21 to make it absolutely certain that you could put a contingency

22 on a referendum.

23

SENATOR HOLLOWAY: I move the adoption of the

24 amendment

25

SENATOR HOWARD: Second.

PAGE 24

GOVERNOR BUSBEE: The motion has been made that the

2 amendment offered by Speaker Murphy be adopted, and there has 3, been a second.

4

Senator Ballard, do you have a question?

5

SENATOR BALLARD: Yes. If we vote on this in the

6 affirmative, is this going to mean that we're doing away with,

7 that we have already voted to do away with local constitu-

8 tional amendments? Is that what we're doing right now?

9

GOVERNOR BUSBEE: It would mean you're going to do

10 away with future local constitutional amendments.

SENATOR BALLARD: That's what I'm talking about. GOVERNOR BUSBEE: Then you would carry forward these

constitutional amendments we referred to, and that would mean that you could address as you go about writing this

constitution that you're going to propose to the legislature,

that you could address these seven categories in the articles

in the manner that we would include by general constitutional 18 provision the 78 percent, that is those categories, but then 19 we have to do this initially so we will know how to address 20 these other articles.

21

SENATOR BALLARD: One further question. Don't you

22 think we better debate this situation some now before we do

23 what we're talking about voting on?

24

GOVERNOR BUSBEE: Under the rules of procedure that

25 we're operating under, the motion has been made, it's been

PAGE 25

seconded, we've got now a motion to amend. Now, the motion

2 to amend, I don't see where there could be an objection to

3 that, and then we would be ready to debate, so the motion is

4 made on the Speaker's amendment, it's been seconded by -- or

5 moved by Senator Holloway and seconded, and so is there

6 objection to the adoption of the amendment?

7

The Chair hears none; the amendment is adopted.

8

Now the consideration is on the main proposal as

9 amended, and we're open to debate.

10

All right. Representative Terry Coleman.

REPRESENTATIVE COLEMAN: I understood yesterday as

part of the scheme, or maybe I might have misunderstood, if

we did away with the local constitutional amendments that

under the new proposal there would be a provision for a

gubernatorial or executive branch veto of the substitute

for these. Is that --

GOVERNOR BUSBEE: That's not a part of this at all.

18

REPRESENTATIVE COLEMAN: I know it's not a part of

19 it, but is it a part of the plan later on?

20

GOVERNOR BUSBEE: No, you would not have that.

21

MR. HARRIS: You wouldn't need it.

22

GOVERNOR BUSBEE: You wouldn't need it. You would

23 not have future local constitutional amendments, so there

24 would be no need to have a gubernatorial veto of

25

REPRESENTATIVE COLEMAN: But the gubernatorial veto

PAGE 26

could be enacted on these local bills passed not as a part,

2 not as a constitutional amendment?

3

GOVERNOR BUSBEE: I don't think there would be any

4 major push to do so in answer to your question, Terry, but

5 technically I think you could be correct. I mean this

6 committee can recommend anything it wants; I just don't see

7 the necessity of it if it's already there, but if you wanted

8 to add it you could do that.

9

REPRESENTATIVE COLEMAN: But if we went ahead and

10 did away with the provision for local constitutional amend-

III Z
11 j: ment, it would put us in the position of having at some future
...Ioll:
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@);I time a local law that could be vetoed by a sitting governor? Is that correct?

! 14 ~ '" %
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SPEAKER MURPHY: It would be done by referendum. GOVERNOR BUSBEE: Anybody else on this side? Senator Ballard? SENATOR BALLARD: Is it not true with the question

18 he asked that if you change from a constitutional amendment

19 it would automatically put it in the form of a law and the

20 governor could veto it?

21

GOVERNOR BUSBEE: It would mean as you address these

22 seven articles and you give these powers to the General

23 Assembly by way of statute the governor could veto it, yes.

24

You also have another provision in there that you

25 can come back and override the governor's veto.

PAGE 27

Senator Holloway?

2

SENATOR HOLLOWAY: Well, of course I wouldn't be in

3 favor of it, but if this group so desired we could write into

4 the Constitution that the governor could not veto a local bill

5 that had a referendum.

6

GOVERNOR BUSBEE: Anything could --

7

SENATOR HOLLOWAY: It could be done.

8

A VOICE: I think that would be bad.

9

GOVERNOR BUSBEE: I'm trying to go from House to

10 Senate. Any further questions now about the proposal as

11 ~z~ amended?
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All right. Judge? A JUDGE: A parliamentary inquiry.

Shall members

! 14 of the Select Committee be allowed to vote, or just the

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~

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16 ~

GOVERNOR BUSBEE: Under the rules I think everybody

~

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17 ~< can vote, but it's going to require a majority of the House

18 and the Senate membership for passage.

19

SPEAKER MURPHY: Just the Overview Committee

20

GOVERNOR BUSBEE: This will just be the Overview

21 Committee voting because, Judge, technically it's got to pass

22 by the House and the Senate, we'll do it as a group. If

23 there's a division and the House and the Senate members don't.

24 agree, there's a difference, then of course we go to the

25 conferee process, so it will just be the committee.

PAGE 28

.All right. Mr. Collins.

2

REPRESENTATIVE COLLINS: Governor, I would like for

3 them to explain to us now -- he says that we can have no

4 constitutional amendments, what's there will last through

5 1980-something.

6

Are you going to have a flat spot in there where

7 somebody wanted to increase their homestead exemption or they

8 wanted to tax the life and casualty companies and all where

9 they can't, but you've got some of the counties that are doing

10 it now. How are you going to leave it where the other counties

~ 11 i=
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can enact these taxes if they so desire? SPEAKER MURPHY: A local act with a referendum. MR. HARRIS: Mr. Chairman, if I may respond to Mr.

! 14 ... Collins, the local constitutional amendments would be

<':"z: 15 ~ prohibited beginning July 1, 1983. You only have one more

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16 ~... general election in 1982

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17 ~

There would be nothing that would prohibit a local

18 constitutional amendment at the next session of the General

19 Assembly to be acted on in 1982 changing local homestead

20 exemption, so there would not really be a hiatus.

21

Then beginning July 1, 1983, in that period of time

22 thereafter changes in local homestead exemptions would be done

23 by a local act sponsored by you if in your district, subject

24 to a referendum.

25

REPRESENTATIVE COLLINS: What date did you say the

PAGE 29

new Constitution is going into effect?

2

MR. HARRIS: July 1, 1983.

3

REPRESENTATIVE COLLINS: Three?

4

MR. HARRIS: Three. So the prohibition would not

5 take effect until July 1, 1983.

6

GOVERNOR BUSBEE: This is covered, Representative

7 Collins, under Number 4 down towards the bottom, and that

8 would be the amendments to the Constitution of '76 of the

9 type provided in the immediqtely preceding two subparagraphs

10 (2) and (3) of this paragraph which were ratified at the same

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time

this

Constitution was

ratified,

so you

have

another

round.

REPRESENTATIVE COLLINS: Some of us have a little

! 14 l;; difference in this. What you all do, you all look at it all
-:<z:l
15 ~ the time and explain it to us quickly here and have asked us CI IX
:;)
16 .~.. to make our mind up. I think it's something that's large o Z -<l
17 lJ!i enough we need more than two minutes to make our mind up on

18 it.

19

GOVERNOR BUSBEE: Senator Bell.

20

SENATOR BELL: Could I ask Robin to -- Robin,

21 go through the process if you will -- assume that we adopt

22 this and then we want to pass a local law changing the home-

23 stead exemption in a local county. Is that

Go through

24 the process and also touch on the idea that it may be ruled

25 that this is not necessarily a local bill because it could

PAGE 30

affect state revenue because of the quarter mill. I'm trying

2 to see how we get the flexibility in that will protect local

3 people from -- to at least have that opportunity if they want

4 it.

5

MR. HARRIS: The method that would be in effect

6 after July 1, 1983, would be the passage of local bill in

7 whatever manner the House and Senate rules provide for

8 passage of local legislation, but with respect to homestead

9 exemptions it would have to be coupled with a referendum.

10

GOVERNOR BUSBEE: That's provided in the article

1:1 Z
11 jo....:..
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now,

Senator Bell. MR. HARRIS: That's in the taxation article. SENATOR BELL: Could I ask another question?

! 14 ... '"<C( :t
15 ~
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16 ~... Q Z <C(
17 :

GOVERNOR BUSBEE: I have Senator Deal next . SENATOR DEAL: Mr. Harris, as I read Article VII the only provision of the constitutional revision that would require local referendum deals with the homestead exemption.

18

The section dealing with Paragraph IlIon the right

19 of local authorities to impose taxes would not require a

20 referendum as the constitutional article is drafted. Is

21 that correct?

22

MR. HARRIS: That's correct, but it could be

23 provided if you wanted to.

24

GOVERNOR BUSBEE: Representative Burruss.

25

REPRESENTATIVE BURRUSS: To follow up on Mr.

PAGE 31

Collins' question, there would be one year you could not do

2 anything about the local homestead exemption; that would be

3 the '83 session. You would not be able to pass a bill until

4 the '84 session.

5

MR. HARRIS: All right. You're correct. Here's

6 what you would have to do.

7

I am not a parliamentarian, but in '82 you can put

8 on the ballot a local constitutional amendment providing,

9 changing your homestead exemptions in your respective

10 jurisdictions that would be on the ballot in '82. It would

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be preserved because

it's

specifically provided that

local

amendments ratified at the same time as this constitution is

ratified are effective.

! 14 I-

You could conceivably if you wanted to introduce

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15 ~ local legislation at the '83 session, but in any event it

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16 ~... could never be voted upon until 1984, which would be the

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17 ~ same situation you find yourself in if you didn't have this

18 prohibition and proposed a local constitutional amendment to

19 change homestead exemptions that would have to be voted on

20 in 1984.

21

REPRESENTATIVE BURRUSS: That's the point I was

22 trying to make. You would not actually be able -- you would

23 not be able to change any homestead exemptions until the

24 1984 session because your local constitutional amendments,

25 the last chance to adopt those would be in '82 . The new

PAGE 32

Constitution takes effect in '83. Is that correct?

2

MR. HARRIS: That's correct.

3

REPRESENTATIVE BURRUSS: So you would not be able

4 to change any local homestead exemptions until the '84

5 session which is a year earlier than you would be able to do

6 it under the local constitutional amendment, because you

7 would have to have ratification in '84, so actually you

8 could take action a year earlier under the new procedure than

9 you an under the old.

10

MR. HARRIS: No, because you still have to have a

referendum.

REPRESENTATIVE BURRUSS: You could have it self-

enacting, though, with a referendum.

SPEAKER MURPHY: Al is right, you could get it a

year early.

MR. HARRIS: You're not penalizing anyone by this

as far as homestead exemptions.

18

GOVERNOR BUSBEE: All right. Are there further

19 questions?

20

SENATOR GILLIS: Mr. Chairman, there's some

21 dissention about whether it's '83 or '84. You couldn't vote

22 on it in the regular general election until '84.

23

SPEAKER MURPHY: Senator Gillis, the situation is

24 Mr. Burruss is eminently correct, you could pass a

25 constitutional amendment this session that the people would

PAGE 33

vote on in the next general election of next year; then under

2 the local constitutional amendment if you passed one they

3 couldn't vote on it until two years under the present law.

4 Do you understand that?

5

But if you pass this one and it's adopted the next

6 year you could pass it and get it a year early because you

7 could call your referendum at any time the commission wanted

8 and you provided in your law. You could get it a year earlier.

9

It makes it more flexible, it still gives you

10 control to pass the bill, then let the commission, the

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county commission or commissioner,

or whatever you've

got

@;~

call your referendum. Mr. Burruss is eminently correct, you can get it a

14 .~.. year earlier if you want it

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GOVERNOR BUSBEE: Senator Howard.

;:)

16 .~..

SENATOR HOWARD: Mr. Chairman, I would like to ask

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17 ::; Mr. Harris a question.

18

There seems to be some opinion that there is a

19 division as to when a part of the Constitution goes into

20 effect. The judicial article is proposed to go into effect

21 in '84, the rest of it in '83. Is that correct?

22

SPEAKER MURPHY: The Constitution all goes into

23 effect at one time.

24

MR. HARRIS: The effective date of the whole

25 document would be proposed to be July 1, 1983. There would

PAGE 34

be some phase-ins following that.

2

GOVERNOR BUSBEE: It's a single effective date.

3

MR. HARRIS: The total document.

4

With respect to the judicial article there will be

5 some phase-ins following July 1, '83, but the document itself

6 would have an effective date of July 1, '83.

7

GOVERNOR BUSBEE: Further questions?

8

If not, is there objection to adoption of the

9 previous question?

10

The Chair hears none, the previous

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11 j:
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All right. Senator Ballard? SENATOR BALLARD: When are we going to debate? GOVERNOR BUSBEE: Right now.

! 14

A VOICE: That was it.

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GOVERNOR BUSBEE: I thought that's what you have

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16 .~az.. been doing yesterday and today, but if you want to be

~
17 : recognized and come to the front and be heard on it we'll

18 be delighted to hear from you. This time would be the

19 appropriate time.

20

All right. The previous question is not ordered

21 then, and we recognize Senator Ballard for debate.

22

SENATOR BALLARD: Ladies and gentlemen, we are

23 moving into something now that we're not handling it like

24 you're handling it when you're in session either in the House

2S or in the Senate.

PAGE 35

Now, if you're getting this all together at this

2 time and it's going to be handed in to you when you go in

3 to the other members of the House and Senate, when you walk

4 in you're going to have a package, you're going to say

5 "Oh, we've been through this, it's been worked out such and

6 such, let's shoot it in right quick," so I think we need to

7 look at these things just a little bit closer.

8

Marcus had a thing there about it's dropped in right

9 quick, it's been studied by other people a good while. I

10 don't do things quite that fast.

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I like to know what's going to happen and what's

@;;."o.". corning ahead.

Now, let's get the horse in front of the cart

in this thing. We'd better get back and decide what we're

! 14 ~ going to have, what we are going to end up with before you ell <:zl::

15

oll
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do

this

and

say

you're

doing

away with what

you've

already

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You have not come in with an animal, number one, as

18 to the vetoes; you do not have that in there now whether this

19 thing could be vetoed corning in. Number two, you have another

20 question corning up, are we going to have the right to use

21 something like a constitutional amendment, a local constitu22 tional amendment with the dignity of a local constitutional

23 amendment.

24

Now, these are the things we need to do before we

25 get into this thing here now and vote on mat we're voti ng on

PAGE 36

today.

2

I am very surprised. There are some very astute

3 people in here that know what happens when we step into these

4 things too soon and we get hemmed in, and once you're hemmed

5 in you've got your problems for you because they're going to

6 cut you out coming back in.

7

I think that we should go back now and let's get

8 the animal that we're going to travel on; let's get that

9 animal perfected, and then come back when we adopt that

10 animal we'll do away with what we've got now and get it into

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a..jo..::..

this thing.

As to how you wish to do it, I have no problem

with that, that's your business because that's what we're

14 ~... all here for, but I just think that we are steamrolling just
'"
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15 01) a little bit too fast and I don't want to get caught under
"a:
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16 ~... it, and I think if we would, let's determine and debate some
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17 g and decide what the animal is that we're going to have,

18 what priorities it's going to have, what we're going to be

19 able to do when we get through, and does this same thing

20 carry the dignity of a local constitutional amendment.

21

Now, I don't care what you call it. If you say you

22 want to get them out of the Constitution, perfect, that's

23 okay. You can call it and put it another section of the 24 code, you can put it anywhere you want to, you can change

25 the name of it, but I am afraid to let this thing go, local

PAGE 37

constitutional amendments, you have taken away the power

2 that you have now to let the people in your local jurisdiction

3 do things, you send it back up here for me and you and the

4 Governor to tell them what to do more so than now because

5 you've got another stopgap in the thing.

6

Now if you've got a local constitutional amendment

7 you can send it up here, you can get it through both houses

8 and send it back down there.

9

NoW, if you want something with that dignity I have

10 no problem, but I am afraid that if we do what we are doing

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right now we

are

going

to

drop

it

back

and we're

going

to end

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up with plain

local

bills

that

can

be vetoed,

that

can be

handled, be pushed out of the way.

! 14 ~ '"

Let's determine these things right now and let's do

:I:

15 .:> it before we go and vote the thing out, because you're doing

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16 ~... away with it right now
az

17 ::;

REPRESENTATIVE LEE: Let me ask you something,

18 Senator.

19

GOVERNOR BUSBEE: Mr. Lee wants to ask you a question.

20

REPRESENTATIVE LEE: Senator, have your people ever

21 got on you about all them number of local constitutional

22 amendments on the general elections?

23

SENATOR BALLARD: No. You can change the name of

24 it, I have no problem.

25

REPRESENTATIVE LEE: Do you ever get out with them

PAGE 38

and see what they're saying? They give me fits about it.

2

SENATOR BALLARD: I talk to them all the time.

3 We don't have any problems with our local constitutional

4 amendments because I never put in one before, I've never put

5 the first one in.

6

REPRESENTATIVE LEE: I have, and they forgot about

7 it.

8

SENATOR BALLARD: The House does that a good bit

9 but I've never put one in. But I do know that any time you

10 take something away from your people -- and I don't like to

put in local bills because I get in trouble when I do, but I

let somebody else do that.

REPRESENTATIVE LEE: Let's get rid of all that.

SENATOR BALLARD: You're taking it away from the

people. I don't mind letting the people vote on anything,

I like them to vote on it because I think the majority of

those people are smarter than I am.

18

GOVERNOR BUSBEE: Senator Reynolds wanted to ask a

19 question.

20

SENATOR REYNOLDS: What would be wrong on a piece

21 of local legislation just as you do with a constitutional

22 amendment, you could put a provision for a referendum on any

23 piece of local legislation when it's proposed and then let

24 it go to the people.

25

SENATOR BALLARD: Just as long as you can go to the

PAGE 39

same areas that you go to now on local constitutional

2 amendments I would have no problem whatsoever. I have no

3 fuss with that. I'm just saying let's determine what we're

4 going to have before we do away with what we've got.

5

GOVERNOR BUSBEE: I'm going to recognize

6 Representative Burruss. Would you come up to the podium

7 there? It would be easier.

8

REPRESENTATIVE BURRUSS: Ladies and gentlemen of

9 the committee: I rise to support the adoption of this

10 proposaL

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11 j:
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If you recall in yesterday's proceedings the

, 12 '" question of local constitutional amendments was holding up

@FI the final draft of all the articles. We were told yesterday

! 14 I- that this would be the issue that should be resolved today

'~"

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15 ~ so we could go ahead with the other business.

"'":)

16 ~...

All of the questions that have been asked are

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17 : answered in the proposals that are outlined in this sheet.

18

The various subcommittees involved with the

19 perfection of each article need this question resolved so

20 they can go ahead with their work, either leaving the local

21 constitutional provision in or taking it out.

22

Now, I disagree with the Senator that we are doing

23 something today that can't be reversed. What we do here

24 today has no effect of law at all, it just perfects a

25 mechanism to get down to the point where we can go to both

PAGE 40

houses and say this is a proposed constitution which we

2 support or don't support, and then the debate will take place

3 as it does on any other piece of legislation.

4

I think we need to go ahead and adopt this proposal,

5 put the subcommittees back to perfecting the final drafts,

6 and then when we come back here week after next we can get

7 down to resolving the issues involved in each article.

8

If we are not satisfied with the provisions written

9 into the article, then we can go back and reinstitute the

10 local constitutional amendment if we so desire.

III

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@;;11 ~ oQ.'"...

with those remarks, I urge the adoption of the

proposal.

GOVERNOR BUSBEE: Thank you, Representative Burruss.

! 14 I was going to say something you said for me. I agree with

~

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15 ~ what you said.

III

'";:)

16 .~..

Representative Dixon .

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17 ~

REPRESENTATIVE DIXON: As I understand the motion

18 has been, the proposal has been amended by -- I didn't

19 understand that part of it.

20

GOVERNOR BUSBEE: Do you want to explain that, Mr.

21 Speaker? Do you want to take up the slack in the chain there?

22

SPEAKER MURPHY: On the third paragraph on this

23 sheet at the end of July 1, 1987 it added the words "with or

24 without a referendum as provided by law."

25

The Constitution provides in these tax things that

PAGE 41

it does require a referendum so the people would have to vote

2 on that.

3

SENATOR BALLARD: Mr. Chairman.

4

GOVERNOR BUSBEE: Senator Ballard.

5

SENATOR BALLARD: I would like to make an amendment

6 at this time that we put in there that any local bill of any

7 of the natures we're taking out of here now, that if they

8 have a referendum they cannot be vetoed by the governor.

9

SPEAKER MURPHY: That would have to be in a different

10 article.

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11 I-
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SENATOR BALLARD: I don't know how to word it, and

~ 12 ~ I haven't worded this thing out, and I don't know where it

~r~ would go, but I think we should add that at this time.

! 14 1;;

SPEAKER MURPHY: That would go in the legislative

<I(

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15 article, Mr. Ballard, and I support that.

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16 ~...

GOVERNOR BUSBEE: All right. Any other questions?

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17 :

If not --

18

SENATOR HOLLOWAY: If he still wants to make his

19 motion, he's got a right to make it.

20

GOVERNOR BUSBEE: I think it would go in another

21 article is what you're talking about.

22

SENATOR BALLARD: Do you feel safe that we can get

23 this in the other article?

24

SPEAKER MURPHY: I'm with you if that helps any.

25

SENATOR BALLARD: All right.

PAGE 42

GOVERNOR BUSBEE: All right. Any other questions?

2

If not, all those in favor of the proposal as

3 amended rise and stand until you're counted.

4

(A show of hands.)

5

GOVERNOR BUSBEE: All right. Reverse yourselves.

6

(A show of hands.)

7

GOVERNOR BUSBEE: All right. The vote now

8 announced at this time would be 13 to 5 in favor for the

9 Senate, 29 to 1 in favor in the House, and the proposal

10 as amended is adopted.

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11 j:
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Is that all you've got? MR. HARRIS: That's all we've got until next week. GOVERNOR BUSBEE: Let me say that you --

! 14 I~:r
15 01)
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16 .~..
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SENATOR HOLLOWAY: Mr. Chairman. GOVERNOR BUSBEE: Senator Holloway. SENATOR HOLLOWAY: I'm not familiar with the rules

17 : we're operating on, but that wasn't a majority of the Senate.

18 Is it a majority of those voting? Is that what we're operatin~

19 on?

20

GOVERNOR BUSBEE: The majority of those voting is

21 all that's required.

22

All right. Is there any other business that needs

23 to come before the meeting now?

24

I had an announcement. All right.

25

If not, I would like to express my appreciation for

PAGE 43

the attendance that we have, the good attendance that we have

2 here today.

3

I would encourage you to take your notebooks home

4 and we're going to get the information to you as quickly as

5 we can that Mr. Tidwell promised you.

6

If there is no further business

7

Representative Herb Jones.

8

REPRESENTATIVE JONES: Mr. Chairman, this has to do

9 with procedure.

10

I would like to recommend that our first day of

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meetings

that we meet

at

10:00

o'clock

in

the morning

in

preference to 9:00 o'clock because of the distances some of

us have to travel.

! 14 o~n <

GOVERNOR BUSBEE: I don't have very far.

:I:

15 ~

REPRESENTATIVE JONES: You go home with me and

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16 .~.. you'll change your mind .

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17 :

GOVERNOR BUSBEE: Is there objection that we convene

18 on the next meeting at 10:00 o'clock? The first day is 10:00

19 o'clock, the second day would be at 9:00.

20

If not, that's what we will do.

21

Thank you. We appreciate it.

22

(Whereupon, at 10:20 a.m. the committee meeting

23 was adj ourned. )

~

+++

++

25

+

INDEX Committee Meetings Held on Constitutional Revision Legislative Overview Committee Meeting aeld on June 5, 1981

LEGISLATIVE OVERVIEW COMMITTEE MEETING, 6-5-81
Proceedings. pp. 3-5
ARTICLE XI: MISCELLANEOUS PROVISIONS SECTION I: MISCELLANEOUS PROVISIONS Paragraph IV: Continuation of certain constitutional amendments for a
period of four years. pp. 5... 42 Remar.~s regarding analysis of certain constitutional amendments, 1~59-1979 (by Michael Henry). pp. 5-15 Proposal for treatment of local constitutional amendments in force and effect, July 1, 1983 (by Robin Harris). pp. 17-22 Motion for adoption of proposal and debate. pp. 22-41 Adoption of proposal. p. 42

MATERIALS CONSIDERED AT MEETING OF LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION
AND SELECT COMMITTEE ON CONSTITUTIONAL REVISION HELD ON JUNE 5, 1981

COMMITTEE MEMBERS:
GEORGE BUSBEE GOVERNOR CHAIRMAN
ZELl. MILLER UEUTENANT GOVERNOR
THOMAS B. MURPHY SPEAKER. HOUSE OF REPUHNTAnVES
~H~:;~Ui~~~;UPREMI:COURT
J. KEl.UtY QUILUAN CHIEF JUDGE. COURT OF APPEALS
ARTHUR K. BO..TON ATTORNEY GENERA"
MARCUS B. CALHOUN SENIOR JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATLANTA. GEORGIA 30334
~/8S.71SB

COMMITTEES MEMllIERS:

A" HOI.l.OWAY SENATE PRESIDENT PRO TEMPORE

JACK CONNELl. SPEAKER PRO TEMPORE

ROY E. BARNES

.

CHAIRMAN. SENATE JUDICIARY COMMITTEE

WAYNE SNOW. JR. CHAIRMAN. HOUSE JUDICIARY COMMITTEE

FRANK H. EDWARDS SPECIA.. COUNSE"
J. ROBIN HARRIS EXECunVE DIRECTOR
MELVIN B. HI..... JR. ASSISTANT EXECUnvE DIRECTOR

TO:
FROM: SUBJECT:
DATE:

ALL MEMBERS, SELECT CCHaTTEE ON OONSTITUTIONAL REVISION AND LEGISLATIVE OVERVIEW COMMITtEE ON CONSTITUTIONAL
!-. REVISION
Melvin B. Hill, JrI."L/1,a. n,f,,d Michael J. Henry
Local Constitutional Amendments
May 22, 1981

As background information for the article committees, the staff of the
Select Committee compiled and analyzed all local constitutional amendments ratified during the survey period 1959 through 1979. The purpose of this study was to identify the provisions of the present Constitution which gave rise to the use of local constitutional amendments. This study revealed that approximately 78 percent of all local amendments ratified during the survey period fell into seven general subject matter categories. See chart attached summarizing these findings.

The results of this study were made known to the article committees

and they included provisions in their proposals which addressed these

issues, as indicated below:

.;

1. Tax Exemptions
In the area of local property tax exemptions, the Article VII, Section II, Paragraph I, Exemptions from taxation of property, proposal would autnorize local tax exemptions to be granted by local law,subject to a local referendum.
2. J. P. Jurisdiction
In the area of increasing the monetary jurisdiction of the various J.P. courts; the Article VII, Section II, Paragraph I, Jurisdiction of classes of courts of limited jurisdiction, proposal would allow jurisdiction of such courts to be provided by law rather than stating such jurisdiction in the Constitution as is presently the case.

SELECT COMMtTTEE LEGISLATIVE OVERVIEW COMMITTEE May 22, 1981 Page 2
3. County Licensing/Ordinance/Regulation of Businesses in the Unincorporated areas
In the area of county business licensing, the Article VII, Section I, Paragraph III, Uniformity; classification of property, proposal would allow the General Assembly to authorize counties to license businesses in the unincorporated areas of the county.
4. Creation of Special Districts
In the area of the creation of special service districts and the levy of a special tax or fee to pay for such services, the Article IX, Section II, Paragraph V. Special districts, proposal would authorize either the General Assembly or the local government to take such action.
5. Development Authorities
In the area of the creation of local Development Authorities, the Article IX, Section VI, Paragraph III, Development authorities, and Section II, Paragraph VI, Community redevelopment, proposals would authorize th~ General Assembly to create such authorities by law.
6. County Board of Education/Composition
In the area of changing the number of members and method of selection for local boards of education, ehe Article VIII, Section V, Paragraph II, Boards of education, proposal would allow this to be done by law.
7. County/City Taxation of Bond Issuance for Certain Purposes
In the area authorizing public funds to be spent for certain pur~oses, the Article IX, Section IV, Paragraph I, Power of taxation, proposal would allow the General Assembly to prescribe such purposes by law and the Article IX, Section VI, Paragraph I, Revenue bonds; general limitations, proposal would allow the General Assembly to prescribe the purposes for Revenue bond issuance by law.
In addition to addressing the issues raised by these seven categories of local constitutional amendments, the Committees were aware of and revised other constitutional provisions which gave rise to the use of local constitutional amendments, as indicated below.
8. Local Retirement Systems
The Committee to Revise Article X eliminated the need to use local constitutional amendments in the area of local retirement systems. The Committee reviewed the existing local constitutional amendments on this issue and proposed sufficient flexibility in their proposals so that even the existing local constitutional amendments were rendered unnecessary.

SELECT COMMITTEE LEGISLATIVE OVERVIEW CClfMITTEE May 22, 1981 Page 3
9. Consolidation of City and County governments
Proposals to consolidate city and county governments have been authorized by local constitutional amendments. The Article IX, Section III, Paragraph II, Local government reorganization, proposal would authorize the General Assembly to do this by law.
10. Consolidation of County and Independent School Systems
Proposals to consolidate county and independent school systems have been authorized by local constitutional amendment. The Article VIII, Section V, Paragraph I, School systems continued; consolidation of school systems authorized; new independent school systems prohibited, proposal would authorize the General Assembly to do this by law.
11. Creation of County Civil Service Systems
Proposals to create county civil service or merit systems covering the employees of other elected county officials have been authorized by local constitutional amendment. The Article IX, Section I, Paragraph IV, Civil service system, proposal would allow this to be done by law.
12. County Government Pdlice Powers
Proposals to authorize county governments to define ordinance violations and prescribe penalties therefor have been authorized by local constitutional amendment. The Article IX, Section II, Paragraph I, General Assembly authorized to delegate its power, proposal would authorize the. General Assembly to provide by law for this type of county government authority. The Article IX Committee also proposed implementing legislation which would give counties the authority to take such action.
13. Special Service District Debt
Proposals to authorize local governments to incur debt to build service related facilities in special service districts have been authorized by local constitutional amendment. The Article IX, Section V, Paragraph II, Special district debt, proposal would authorize local governments to take such action.

SELECT COMMITTEE LEGISLATIVE OVERVIEW CCHfiTTEE May 22, 1981 Page 4
In the study of local constitutional amendments, it was determined that there are two prtmary reasons why local amendments are introduced:
1. To circumvent a provision of general law. The Constitution prohibits local laws from being pasaed "in any case for which provision has\been made by an existing general law". Thus, if a local governing authority and its local delegation wish to circumvent or vary the terms of any "existing general law", they must pass a local constitutional amendment to do so.
2. To circumvent a provision of the Constitution itself. Since every amendment to the Constitution, whether general or local, is of equal dignity, a local constitutional amendment can be used to vary the terms of any provision of the Constitution itself.
Because the great majority of local amendments relate to local governments, the Committee to Revise the Local Government Article was asked by the Select Committee to make a recommendation concerning local amendments. The Article IX Committee recommended that local constitutional amendments be prohibited in the future. There were two primary reasons for this recommendation:
1. Many of those matters which had given rise to the need for local constitutional amendments were specifically addressed in the committee proposals, as indicated above.
2. The Committee believed that allowing the basic legal document of the State to be amended locally did not represent sound public p~licy.
The Committee to Revise the Taxation Article also recommended that local constitutional amendments be prohibited in the future.

LOCAL &~NDXENTS
1959-1979
.
633 local amendments for 1959 - 1979 250 local amendments for 1969 - 1979 383 local amendments-for 1959 - 1969

1. Tax Exemptions

77 local amendments for 1969 - 1979; 6 local amendments for 1959 - 1969;
8'3' local amendments for 1959 - 1979;

approximately approximately approxima tely

30:8 % 1.5% 13.1 %

2. J.P. Jurisdiction

18 local amendments for 1969 - 1979;
o local amendments for 1959 - 1969;
"l8 local amendments for 1959 - 1979;

approximately 7.2 % approximately 0 %.
approximately 2:8 %

3. County Licensing/Ordinance/Regulation

21 local amendments for 1969 - 1979; 30 local amendments for 1959 - 1969; 51 local amendments for 1959 1979;

approximately approximately approximately

8.4 %

s7:.o8

% %

4. Creation of Special Districts

8 local amendments for 1969 - 1979; 20 local amendments for 1959 - 1969;
""28 local amendments for 1959 - 1979;

approximately approximately approximately

3.2 % 5.2 %
4":4 %

5. Development Authorities
18 Development Authorities 1969 - 1979; approximately 7.2 % 154 Development Authorities 1959 - 1969; approximately 40.2 % 172 Development Authorities1959 - 1979; approximately 27-.1 %

6.- County Board of Education/Composition
8 local amendments for 1969 - 1979; 50 local amendments for 1959 - 1969;
"58 local amendments for 1959 - 1979;

approximately approximately approximately

3.2 % 13.0 %
---g:-r %

7. County/City Taxation or Bond Issuance for Certain Purposes

21 local amendments for 1969 - 1979;
~ local amendments for 1959 - 1969; 84 local amendments for 1959 - 1979;

approximately approximately approximately

'8.4% 16.4 % 13.2 %

Of 633 local amendments for 1959 - 1979, 494 local amend.nents fit roughly into these categories, therefore 77.9% of local amendments from 1959 - 1979 dealt with these issues.
Prepared by: Michael J. Henry, Staff Attorney Select Committee on Constitutional R~vision

PROPOSAL
Only amendments to the Constitution which are of general and uniform applicability throughout the State shall be proposed or passed.
Existing amendments which are not general which are of force and effect on July I, 1983 shall be treated as follows:
The following amendments to the Constitution of 1877, 1945 and 1976 shall continue in force and effect as part of this Constitution until July 1, 1987, at which time said amendments shall be repealed and deleted as a part of this Constitution, unless any such amendment shall be specifically continued in force and effect. pursuant to the provisions of a general or local law enacted prior to July I, 1987, with or without a referendUlll as provided by law:
1) Amendments to the Constitution of 1877 and the Constitution of 1945 which were continued in force and effect as a part of the Constitution of 1976 pursuant to the provisions of Article XIII, Section I, Paragraph II of the Constitution of 1976 which are in force and effect on the effective date of this Constitution; 2) amendments to the Constitution of 1976 which were ratified as general amendments but which by their terms applied principally to a particular political subdivision or subdivisions which are in force and effect on the effective date of this Constitution; 3) amendments to the Constitution of 1976 which were ratified not as general amendments which are in force and effect on the effective date of this Constitution; and 4) amendments to the Constitution of 1976 of the type provided for in the immediately preceding two 'sub-paragraphs (2) and (3) of this Paragraph which were ratified at the same time this Constitution was ratified.
(B) Any amendment which is continued in force and effect after July 1, 1987 pursuant to the provisions of sub-paragraph (A) of this Paragraph and any law, as it existed on July 1, 1987, enacted pursuant to the specific authorization of any such amendment shall be legal, valid and constitutional under this Constitution.

PAGE 1

2

STATE OF GEORGIA

3

4

SELECT COMMITTEE

5

ON

6

CONSTITUTIONAL REVISION

7

8

9

10

MEETING OF LEGISLATIVE OVERVIEW COMMITTEE

18 THE HONORABLE GEORGE BUSBEE, Governor of Georgia, Presiding
19
20
21
22 Room 341 State Capitol
D Atlanta, Georgia
24 Wednesday, June 17, 1981 10:00 a.m.
25

PAGE 2

2
3
4 5
6
7
8 9
10
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11 j:
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@;I ! 14 $ :I: 15 oll Cl Ill: :;) 16 ~... zQ 17 g 18
19
20
21
22
23 24
25

I NDE X

Opening Remarks, Governor Busbee ........ 3 Consideration of:
Article I, Preamble ....................... 9 Article I, Section I 17 Article I, Section II ..................... 63 Article I, Section III ................... 84 Article I, Section IV ................... 96

Article 11 ............................. 128 Article II, Section 1 .. 150 Article II, Section 11 ..... 151

Adj ornrnent

159

PAGE 3

PRO C E E DIN G S

2

GOVERNOR BUSBEE: If everyone will take your seat,

3 we are going to get started.

4

What about the handouts for the committee?

5

MR. HILL: We are going to hand out now a set of

6 materials that you can use today rather than trying to wade

7 through your notebook to find the things you're going to be

8 working with,.so we'll pass them out now and as soon as you

9 have them I'll explain what they are.

10

(Pause. )

"z

11 i=
.'2"..

GOVERNOR BUSBEE: Does everyone have the material

~~\rl~ we're handing out? 12 Okay. If you have that material in front of you,

14

~
~

I'm going

to

give

you

one

thing

in

the

way

of

an

index

I

::&:

15 olI had prepared yesterday afternoon where you'll know what's in

"'";)

16 .~.. this notebook. I want to go through it, just what the material

oz

17 = is you have, but I wanted them to give you a copy of it where

18 you would not have to make notes for an index. If you all

19 will, pass that out to them.

20

(Pause. )

21

GOVERNOR BUSBEE: If I can have your attention.

22 I'm not going to have a roll call, we have an obvious quorum

23 in both the House and the Senate this morning.

24

Let me call your attention to the last handout, this

25 is the one single page that's an index to what's in the

PAGE 4

notebook, Tabs 1 throuh 10. I think you'll find this most

2 useful. You might not need it today because we have the

3 information on Articles I and II that will be considered

4 today, and Article VIII on education tomorrow, that you'll 5 be given handouts.

6

Mel is going to explain the handouts to you for your

7 consideration today.

8

What I would like to do, though, is to call your

9 attention to what's in the notebook and where you can look

10 and see the notes in there.

1:1

%

11 j:

Some of you have already made notes in the notebook

llC

.2..

@;I and you can refer back on that. All right. On Tab 1 that you have in your notebook

$ 14 I it's the Judicial Article. That will be everything on

z:

15 0/) Article VI will be under Tab 1.

~

~

16 .~..

I'm not going to you can flip through it and you

azQ
17 can see the notes that are in there also.

18

Then on Tab 2 is going to be on Article VII on

19 Taxation;

20

Tab 3, Article VIII on Education;

21

Tab 4 is your Local Governments.

22

Now, under Tab 5 we have Articles I, II, III, IV, V

23 and X. You can follow all that very easily, but there was a

24 lot of confusion when you got to Tab 6, 7, 8, 9 and 10 as to

25 what they were.

PAGE 5

If you will note, under Tabs 6, 7, 8, 9 and 10,

2 I'll give you a brief description of what's in there and I

3 think you can follow it a lot easier if you'll refer back to

4 that.

5

I had the holes put in there, and if you'll put that

6 in the front of your notebook I think you'll be able to turn

7 to that during the discussions today if you care to do so,

8 and certainly when you go home.

9

In addition now you have had handouts made for today

10 for the discussions we're going to have. I'm going to call on

11

"%

~
.'o"".-.

Mel

at

this

time

to

explain what

the

handouts

are

that we

have

@;i prepared. MR. HILL:

All right.

In addition to the handouts

! 14 that the governor just explained to you, you have a large ~ :z: 15 Q package that is the final draft of the Committee to Revise
"'";:) 16 .~.. Article I. Now that's the primary thing we're going to be
co %
17 ~ working with today is Article I, at least this morning and

18 this afternoon, and you have everything in this package

19 you're going to need, so if you haven't gone through your

20 notebook and made notes in it you can just use this. This

21 is verything you'll need, and I'm going to tell you what to

22 pullout of it in order to work from it in a minute.

23

The other two things are a smaller package on

24 Article II. That will be the second article we will consider.

25

Then there is a two-page sheet about recommendations

PAGE 6

of the Article VI committee that would go into Article I, so

2 those are the three things that you have.

3

To get started, I think what you should try to pull

4 out is the strike-through underlined version of Article I from

5 this package.

6

The package on Article I, the fat package has a clean

7 copy of the proposed revision of Article I, and then it has a

8 strike-through and underlined copy of Article I showing what

9 the present constitutional provisions are and what the

10 proposed revision would delete and add to the present

constitution. I think you should pull that out and we'll

work from that particular document primarily.

After that you have a cross-reference table from the

present constitution to the proposed revision. We may make

reference to that, but you don't have to pUll that one out.

Likewise with the notes and comments on the proposed

revision, you don't have to pull that one out, but I think you 18 should pullout the last material in here which is entitled 19 Synopsis of Changes in the Original Article Committee Version

20 which were proposed by the Select Committee, by the House and 21 by the Senate Judiciary Committee at the last session -- I

22 mean at the 1980 session.

23

So what you have in front of you to work from are

24 two documents: First of all, the strike-through underlined

25 version of Article I, and the synopsis of changes in the

PAGE 7

original article committee recommendations.

2

As you know, in 1980 these revisions, these pro-

3 posals were considered by both the House and the Senate, and

4 this chart or this progression table will show you what

5 happened to those during the '80 session and should facilitate

6 the consideration of these this morning.

7

GOVERNOR BUSBEE: All right. Are there any questions

8 about the handout you have now?

9

The underscored and strike-through, the second part

10 of Article I there, a request was made we have this for you

today, and we do have it.

Is there any other information you're going to need

before we proceed?

Let me just explain as we go through the article

paragraph by paragraph we're going to have the staff first

to go through and explain each provision, each change, and we

can have the chairmen of the articles committees that will be

18 here today to be able to answer any questions, to make any

19 comments they desire on the particular article.

20

Before proceeding, if you recall at the first

21 meeting we never had any formal policy agreed to, but we had

22 requests of various individuals, various organizations who

23 would like to come and speak to you as you go paragraph by

24 paragraph through the constitution.

25

We said that all these people would have the

PAGE 8

opportunity to speak to the individual articles committees 2 as they were drafting the recommendations and they have 3 already been heard from, but I want to bring up to you that 4 we have three or four groups and a number of individuals who 5 desire to speak to you today, and I think some might be 6 sitting here like the Mothers on the March, the Right to Life 7 group and other involved individuals.

8

I want some direction on this. Let's adopt a policy

9 on this now because we didn't formally do that to begin with.

10 Do you have any comment on that?

SPEAKER MURPHY: All the articles committees had

public hearings on their articles, they have heard all of that.

If we start hearing all that stuff again we ain't gonna finish

in time to be ready for the legislative session. We ain't

even going to get through it if we start that again.

GOVERNOR BUSBEE: Do you want to say anything?

LT. GOVERNOR MILLER: No. That was the question I

18 was going to ask. They have been heard from?

19

GOVERNOR BUSBEE: We did have public hearings on all

20 articles. The public was invited to these, and you have

21 already adopted the schedule as to when you're going to hear

22 these articles, giving two days at a time, so I would entertain

23 a motion for a policy statement.

24

Senator Holloway?

25

SENATOR HOLLOWAY: I move that in light of the public

PAGE 9

hearings we have already had and the time constraints that

2 any group or individial be invited to submit any further

3 information to the committee by writing, but otherwise we

4 proceed here in our own group.

5

GOVERNOR BUSBEE: The motion has been made on the

6 policy. Is there a second?

7

(Motion seconded.)

8

GOVERNOR BUSBEE: The motion is made and seconded.

9 All those in favor rise and stand until you're counted.

10

(A show of hands.)

n..

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11 j:
'2"

GOVERNOR BUSBEE:

til

12 ~ opposition. It's adopted.

Opposed?

There's one in

~r~

All right. At this time I'm going to calIon Mel to

14 ~I present Article I, the preamble.

<4(
:z:

15 Q

MR. HILL: I would like to point out that Albert

:il

::I

16 ~ Thompson, the chairman of the Committee to Revise Article I til

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17 : is with us today. He will be adding information you might

18 need about the policy discussions as we go along.

19

I will try to explain very briefly what the changes

20 are, what the rationale for them was, and hopefUlly we can

21 move through this quickly.

22

The Article I committee considered the preamble.

23 Even though it wasn't exactly part of Article I, they felt it

24 was within their domain, and they decided to add as you see in

25 the strike-through underlined version a phrase "and of the

PAGE 10

family" to affirm this as one of the guiding principles in

2 ordaining and establishing this constitution. That is the

3 only change in the preamble.

4

SENATOR BELL: I have a question.

5

GOVERNOR BUSBEE: All right. Senator Bell.

6

SENATOR BELL: Could we get some of the background

7 on why you put in there "of the family"? I know that's getting

8 to be pretty controversial. I would like to know why it's in

9 there.

10

MR. HILL: There was a recommendation that that be

added by a member of the committee, and they discussed it and

agreed to it.

SENATOR BELL: Is there any definition of "the

family" because we might as well be open about what we're

doing here.

If we're coming up with a constitution that has

anything in it that groups oppose, then it's going to auto-

18 matically pick up the opposition to those, and there ought to

19 be I think an overriding reason to put it in there because it's

20 going to automatically pick up the opposition, and without

21 definition of things like this -- that's what's going on in

22 Washington right now, and that's why I'm curious about the

23 phrase "of the family" without the definition.

24

MR. HILL: This was not a subject of much controversy

25 in the committee at the time it was proposed, it was rather

PAGE 11

widely accepted at the time.

2

The position of the staff was that the preamble has

3 never been cited in a legal opinion as having the force of law,

4 it's more or less a statement of general principle. It doesn't

5 have the teeth, the legal teeth so to speak, and so there

6 wasn't a fear about this that might be generated if it were

7 in the substance, the actual body of the article. That may be

8 one of the reasons they didn't hesitate to add it, but it is

9 the judgment of this group as to whether to leave it in there

10 as the committee recommends or to eliminate it.

III

tZ
11

GOVERNOR BUSBEE: Senator Holloway.

2...

SENATOR HOLLOWAY: I'd just like to hear one good
~\ ~ 12
~r~ reason for it being put in there, one.

14 I
$

GOVERNOR BUSBEE: Senator Ballard.

:z:

15 .:I

SENATOR BALLARD: I would like a reason. I have not

~

;)

16 .~.. heard any reason whatsoever for putting it in

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17

GOVERNOR BUSBEE: It might not be fair, Senator

18 Ballard, for the chair to comment on this. I don't think there

19 was any discussion much in the article committee at the time

20 that it was adopted.

21

There has been a lot of discussion in view of some

22 litigation in California since it has been placed in there

23 that there's some opposition to it, and it was for the reason

24 that Senator Bell stated, what the definition of the family is.

25

I think the traditional concept that we have of the

PAGE 12

family as we sit here today is quite different than what the

2 court is doing in California today, and this has promoted 3 some heated objections to this being placed in the constitution,

4 not because they don't desire to do things for the family as 5 we think of the family.

6

Representative Greer.

7

REPRESENTATIVE GREER: Mr. Chairman, I don't know

8 what reason they put it in, but to me I'd say it would be a

9 good reason for us to leave it in on the standard that the

10 civilization of this country has been built around the family

which means a man and his wife and his children.

That doesn't mean that all families have both now;

some of them have passed away, but I think that to me is a good

reason to leave it in the thing from the standpoint of what we

have read or heard and discussed in the last few years, it

makes good sense to me to put it in there.

GOVERNOR BUSBEE: Okay. In order to establish the

18 parliamentary posture we're in, I think the senator moved and

19 I don't know that I heard a second -- there was a second made,

20 so the motion has been made and seconded that the preamble

21 remain as in the present constitution.

22

SENATOR BELL: No. Excuse me, I'm sorry, I don't

23 mean to interrupt you, but my motion was to take out "and of

24 the family."

25

GOVERNOR BUSBEE: That's correct. That would leave

PAGE 13

it like it is. That's the only thing that's underlined.

2

SENATOR BELL: I'm sorry.

3

GOVERNOR BUSBEE: So the motion is made and seconded.

4 Any further discussion on the motion?

5

All right. Terry?

6

REPRESENTATIVE COLEMAN: Governor, I would like

7 Senator Bell to explain to me and to the rest of the committee

8 why he opposes legislation promoting family life in Georgia.

9

SENATOR BELL: I'll be glad to.

10

GOVERNOR BUSBEE: All right. Senator Bell.

@;;5CzI 11 o......

SENATOR BELL: I'm not going to offer an explanation

as to why I oppose -- what did you call it, the family life?

I have no opposition, of course, to family life, but I am

14

tI
:z:

saying

in

all

sincerity

that

if

we're

going

to

pass

a

15

.:I CI

constitution

that

automatically

is

going

to

raise

in

the

Ill:

:)

16 ~... minds of many people some problems because we don't have

Q

Z

17 :: definitions in there, that we're probably not going to be

18 able to pass the constitution out in the general public.

19

This is going to immediately draw attention from

20 people who are very much concerned about the definition of the

21 family, and as the Governor pointed out since this was put in

22 there has been litigation come up and it's being discussed in

23 Congress right now. without any overriding reason to put it

24 in, I see no reason to jeopardize the constitution with that

25 language when it's not necessary, and that's why I made the

PAGE 14

motion, but I want to be sure that you understand that I do 2 support the family.

3

GOVERNOR BUSBEE: Senator Lester.

4

SENATOR LESTER: As I understood the explanation by

5 Mel, the preamble does not have any force of law. Is that

6 correct?

7

MR. HILL: It has not been cited in any case that we

8 have found.

9

SENATOR LESTER: It's merely a statement of policy

10 really when you come down to it, and so therefore the defini-

11 5~ tion would not be necessary as being appropriate in the

.o...

~~I::I constituion.

1 4~'

GOVERNOR BUSBEE: SENATOR BALLARD:

Senator Ballard. Mr. Chairman, I feel this way,

:<zC:

15 olI that if we're going to work on this constitution let's have

"'"::t

16

~
III

reasons

for

making

the

changes

that

we

make.

zCI

17 g

I heard reasons, I was voted down last time. Let's

18 have reasons for it, and I have not heard a reason for making

19 the change here now.

20

I think that's probably it. If you've got a reason,

21 there's a good basic reason, but there's no reason been given.

22

GOVERNOR BUSBEE: Representative Buck.

23

REPRESENTATIVE BUCK: Mr. Chairman, I just wondered

24 if Judge Thompson who was chairman of this article committee

25 might make a statement on why this was put in.
/

PAGE 15

JUDGE THOMPSON: The biggest advocate of changing

2 this was Cheatham Hodges. I think all of us know Cheatham,

3 and he wanted to recognize the family as an entity and included

4 in the preamble, and of course he was using the definition of

S a family that we commonly use, a married couple with children

6 if any, or a single parent with children as being a family,

7 and it was merely the recognition of the family, and that's

8 the reason he wanted to put it in here.

9

He felt very strong about it. There were other

10 members of the committee who felt equally as strong.

ez"
11

GOVERNOR BUSBEE: All right. Any other questions?

e ; i.2.. All right. previous question?

Is there any objection to ordering the

! 14 t;

The chair hears none, the previous question is ordere~.

~

%

15 ~ All those in favor of the motion to strike and delete the words

~

;;)

16 .~.. "and of the family" from the proposed preamble rise and stand

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17 until you're counted.

18

(A show of hands.)

19

GOVERNOR BUSBEE: All right.

20

A VOICE: I'd like to have a roll call vote on this

21 one. 22 23 24

GOVERNOR BUSBEE: All opposed. (A show of hands.) GOVERNOR BUSBEE: All right. Now I'll have to count

2S separately. Now there was one for the House while ago, and it

PAGE 16

was eight for the Senate.

2

All right. Now rise in opposition to deleting it.

3 Rise and stand until you're counted again.

4

A VOICE: This is against the motion, right?

5

GOVERNOR BUSBEE: All right. Let me explain. Put

6 your hands down, I'm going to explain and we'll keep going.

7

All in favor of striking this, as I just stated

8 there was a vote of eight by the Senate to strike, one by

9 the House to strike.

10

SPEAKER MURPHY: Let's start over.

1:1

Z

11 i= oIll:

GOVERNOR BUSBEE: Let's start over.

II.

@);IIII The motion is made, and in favor of striking was eight and one.

! 14 I-

All against striking and in favor of leaving in the

'-"e

:I:

15 olI words "and of the family" rise and stand until you're counted.

1:1

Ill:

;;;)

16 ~ III

(A show of hands.)

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17

GOVERNOR BUSBEE: Nine and 23. The motion to strike

18 is defeated by both the House and the Senate.

19

I will now entertain a motion that the proposed

20 preamble be adopted. All in favor rise and -- wait just a

21 minute. Is there a motion?

22

REPRESENTATIVE LEE: I move.

23

GOVERNOR BUSBEE: Is there a second?

24

(Motion seconded.)

25

GOVERNOR BUSBEE: The motion is made and seconded.

PAGE 17

All in favor rise and stand until you're counted.

2

(A show of hands.)

3

SPEAKER MURPHY: All those in favor over here hold

4 up your hand. I can't count as fast as them senators.

5

GOVERNOR BUSBEE: All the senators in favor of

6 adopting the preamble rise and stand until you're counted.

7

(A show of hands.)

8

SPEAKER MURPHY: 26 over here.

9

GOVERNOR BUSBEE: The preamble is adopted.

10-

All right. Mel, would you go into Article I?

"z
11 j:
.Io.l..l..:

All right. All opposed?

~~\ri12 ~

(A show of hands.) GOVERNOR BUSBEE: Three, four; none in the House,

14

~
Ii;

four

in

the

Senate.

The preamble is adopted.

~ :z:

15 .:I

Article I, Mel.

"Ill:
;;)

16 .~..

MR. HILL: Some of the paragraphs in Section I of

zIII

17 : Article I have been rearranged so that in the strike-through

18 and underlined version you may see that it's been deleted.

19

GOVERNOR BUSBEE: Let me interrupt you just a minute.

20

Senator Holloway.

21

SENATOR HOLLOWAY: A parliamentary inquiry. I'm a

22 little confused.

23

As I understood, the voting would be done on the

24 basis of a majority of the Senate and a majority of the House.

25 Is that the way we're counting now?

PAGE 18

GOVERNOR BUSBEE: That's the reason --

2

SENATOR HOLLOWAY: How many are present?

3

LT. GOVERNOR MILLER: Nineteen. One just came in.

4 There are nineteen present.

5

SENATOR HOLLOWAY: I didn't know how many were

6 present.

7

SPEAKER MURPHY: There are 27 House members present.

8

SENATOR HOLLOWAY: Congratulations.

9

GOVERNOR BUSBEE: Continue

10

MR. HILL: As I was saying, some of the provisions

have been reorganized in Section I, and I'll indicate where

that happens.

Article I, Section I, Paragraph I has been given a

new title. The title has been changed from "Life, Liberty

and Property" to "Due Process, Equal Protection," and a phrase

has been added incorporating the equal protection and the anti-

discrimination language used in Article I of the proposed

18 consitution of 1970.

19

This language was approved by the House of

20 Representatives as part of the Constitution of 1970 at that

21 time, and it was subject to a good bit of controversy in 1980,

22 and you might want to refer to the progression table to see

23 what happened to this provision in the 1980 session. It shows

24 you what the original Committee to Revise Article I proposed,

2S what the Select Committee on Constitutional Revision proposed,

PAGE 19

what the House of Representatives finally approved, and what

2 the Senate Judiciary Committee did with it in the 1980 session.

3

GOVERNOR BUSBEE: All right. We are considering

4 Paragraph I, Section I, Article I. We have the proposed

S changes.

6

I'll entertain a motion.

7

(Motion made.)

8

GOVERNOR BUSBEE: The motion is made that Paragraph

9 I, section I, Article I be adopted. Is there a second?

10

(Motion seconded.)

GOVERNOR BUSBEE: The motion is made and seconded.

Is there discussion?

Representative Pinkston.

REPRESENTATIVE PINKSTON: Mr. Chairman, I would just

like to have a little bit more detailed explanation of what

all this does as far as the state ERA and the national ERA

and the problems involved in that, if that's the proper place

18 that it's put in there and the real import of it for

19 edification and education on my part.

20

MR. HILL: Well, number one, the ERA was not an

21 issue as such in 1970 when this proposal was considered.

22

As part of our background material for the committees

23 we would present to them versions of earlier constitutions 24 that had been adopted, and when they got to Article I,

2S Section I, Paragraph I they saw this language in a version

PAGE 20

which the House of Representatives itself had approved back

2 in 1970, and a majority of the committee was persuaded that

3 this was something that they would like to see in the

4 Constitution, and it was approved by that committee.

5

Albert would like to speak to us on that.

6

JUDGE THOMPSON: Mr. Chairman, members of the

7 committee: This has the additional language in there "nor be

8 denied the enjoyment of civil rights or discriminated against

9 in the exercise thereof because of race, sex" et cetera, and

10 I think a lot of people are objecting to that as being a

Little ERA, but the one thing that has amazed me right straight

through this is that the opponents to the Equal Rights

Amendment have said all along, they have said "We aren't

particularly against it, we just think it's what states ought

to do rather than the United States government," and now that

the constitutions are recognizing the fact that women have

rights they're saying "We don't want that."

18

I don't really know what they want, but I thought

19 that this provision was particularly good; it says exactly

20 what I thought it should say, and it left no questions as to

21 what it meant.

22

GOVERNOR BUSBEE: Senator Holloway.

23

SENATOR HOLLOWAY: I'd like to make this observation.

24 The committee chairman says that the proponents of ERA

25 favor this. I introduced a state ERA about eight years ago

PAGE 21

and they fought it like cats and dogs, the proponents of ERA,

2 and I suggest that the general philosopies of the two groups

3 don't coincide in this area at all.

4

REPRESENTATIVE SNOW: What's the motion right now?

5

GOVERNOR BUSBEE: We have a motion made and seconded.

6 We're in discussion.

7

Senator Bell.

8

SENATOR BELL: As I understand the motion that's

9 before us is that we adopt it as is. Is that the motion?

10

GOVERNOR BUSBEE: That's correct.

"z
11 j:
'o.D".o.

SENATOR BELL: I would like to offer an amendment to

~ 12~ that motion that we adopt it as is by striking the word "sex."

~r~! GOVERNOR BUSBEE: All right. So you have a 14 substitute motion. Is there a second to the substitute motion? I:zi;:

15 olI

(Motion seconded.)

~

:;)

16 ~...

GOVERNOR BUSBEE: The motion is made and seconded,

zQ

17 : so the substitute will be the matter we'll deliberate first.

18

Senator Greer.

19

REPRESENTATIVE GREER: Mr. Chairman, if he takes out

20 the word "sex" does that mean that we can prevent women from

21 voting? If we take out the word "sex" would that say you

22 could prevent women from voting for doing anything else that

23 men can do?

24

I think it's ridiculous to take it out is the point

25 I'm making. I don't think it has anything to do with the ERA,

PAGE 22

I think if you're going to take "sex" out what you're doing

2 is establishing a paragraph there that says that the male

3 members of the sex are better off than the women. That's why

4 I object to taking it out.

5

GOVERNOR BUSBEE: Okay.

6

SPEAKER MURPHY: Could I make a substitute motion?

7

GOVERNOR BUSBEE: Mr. Speaker.

8

SPEAKER MURPHY: Mr. Chairman, as I understand the

9 law all individuals whether they're male or female are

10 persons, the way I understand the law, and it says no person

shall be deprived of life, liberty.

I like the Select Committee's language better than I

do the other one, because I deem male and female to be persons

which is included in it, and I ask you to look at the Select

Committee's language.

A VOICE: Where is that, Mr. Speaker?

SPEAKER MURPHY: It's in this book, it reads "Life,

18 Liberty and Property. No person shall be deprived of life,

19 liberty or property without due process of law, nor be denied

20 the equal protection of the laws, nor be denied the enjoyment

21 of civil rights or discriminated against in the exercise

22 thereof," putting all of us in the same -- all the people in

23 the same thing.

24

I like that language, and I move we adopt it in lieu

25 of Senator Bell's motion.

PAGE 23

(Motion seconded.)

2

GOVERNOR BUSBEE: All right. You have a motion and

3 a second. We have an amendment to an amendment, and that will

4 be the last substitute you have or amendment.

5

A VOICE: Read it.

6

SPEAKER MURPHY: It's in the book, Senator.

7

A VOICE: Whereabouts in the book?

8

GOVERNOR BUSBEE: It's under Tab 5, under synopsis

9 under Tab 5.

10

MR. HARRIS: It's in the package that was passed out

11 "~z this morning in connection with Article I.
.2..
@;~ SENATOR BELL: Just read what's knocked out and they'll understand it better. Just read what's knocked out.

..! 14 Iii

A VOICE: They struck out "because" after "exercise

:z:

15

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thereof,"

left

out

all

that

"because. w

16 .~..
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A VOICE: What page is it in the package?

17 :

SPEAKER MURPHY: Look under Tab 5, Senator Gillis,

18 and look about --

It ain't in that package.

19

MR. HARRIS: About ten pages from the back.

20

GOVERNOR BUSBEE: All right. It's nine pages from

21 the back of the package that was handed out today. It's nine

22 pages from the back.

23

SENATOR BARNES: Mr. Chairman.

24

GOVERNOR BUSBEE: Senator Barnes.

25

SENATOR BARNES: Let me just ask one question.

PAGE 24

Of course, what we're doing is striking "because of

2 race, sex, national origin, religion or ancestry," and what

3 we've left in is "no person shall be deprived of life,

4 liberty or property without due process of law, nor be denied

5 the equal protection of law."

6

Does that prohibit any discrimination as to the

7 denial of equal protection? In other words, can we pass a law

8 then that says convicted felons can be denied certain rights

9 because you limit what you can do to discriminate against, but

10 if you strike all that out it does not say you'll have no

I!l

Z

11

i=
.'o."....

difference

in

the

law.

@;I

SPEAKER MURPHY: Can I have your mike? The gentleman being an eminent constitutional lawyer

! 14 I- from Cobb County is well aware of the fact that when you're
':"z:

15 olI convicted of a felony under our constitution you forfeit certain

~

;;;)

16 ~... of your constitutional rights, and the gentleman being an

17

oz
:

eminent

constitutional

lawyer

I'm

sure

is

aware

of

that

fact.

18

SENATOR BARNES: Not when you change it. You're

19 changing it.

20

SPEAKER MURPHY: No, you aren't.

21

GOVERNOR BUSBEE: The present paragraph reads "No

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

23 by due process of law."

24

The Select Committee on Constitutional Revision

25 which is the second paragraph you're looking at reads:

PAGE 25

"No person shall be deprived of life, liberty or property

2 without due process of law, nor be be denied the equal protec-

3 tion of the laws, nor be denied the enjoyment of civil rights

4 or discriminated against in the exercise thereof."

5

GOVERNOR BUSBEE: All right. The motion was made.

6

Senator Evans.

7

SENATOR EVANS: Mr. Chairman, I think I have a

8 folIo-up question on the question of Senator Barnes, and I

9 guess I would have to ask do we have a constitutional lawyer

10 here who can address that, because if we adopt the proposed

language without any of those classifications are we not in

effect removing all suspect classifications from the

application of equal protection provision and completely

opening it up?

Right now my understanding is the courts will look

to the existence of a suspect classification, and if there is

a suspect classification of race or nationality then they ask

18 is there a compelling statement for this type of provision

19 which has been challenged.

20

If we take all those suspect classifications out of

21 that article of the consitution, how will that leave us with

22 respect to discrimination cases?

23

GOVERNOR BUSBEE: The chair is going to make this

24 observation, if I might, and I'm not anticipating any debate

25 on this, but the present constitution as I just stated reads

PAGE 26

"No person shall be deprived of life, liberty or property

2 except by due process of law." This provides "No person shall

3 be deprived of life, liberty or property without due process

4 of law." I would say there is no change in that wording

5 there.

6

Now, the additional phrase that you have "nor be

7 denied the equal protection of the laws, nor be denied the

8 equal enjoyment of civil rights or discriminated against in

9 the exercise thereof," I honestly can't answer because I don't

10 know what civil rights you're referring to.

If it's statutory civil rights given by the Congress,

this would be an additional matter placed in our constitution.

MR. HILL: I think it's important to add this. The

Georgia Constitution is not without an equal protection

provision. There is no language as such in the Constitution

"nor be denied the equal protection of laws," but there is in

Section II of Article I a provision that says that protection 18 to person and property is the paramount duty of government 19 and shall be impartial and complete, and that has been 20 construed to mean our equal protection clause in the Georgia

21 Constitution.

22

The Article I Committee, because they had recommended

23 this languag~ be included here, "nor be denied the equal

24 protection of laws," had eliminated that other section from

25 Section II, but when it got to the House and Senate in 1980

PAGE 27

it was added back in again, and that will be the decision

2 you'll make, but it's not as if the Georgia Constitution does

3 not have an equal protection clause in it at the moment. It

4 does, and it's not in so many words, and it's in another

5 section.

6

GOVERNOR BUSBEE: Senator Barnes.

7

SENATOR BARNES: The only I'm not worried about

8 the due process clause. What it says, though, and what we're

9 adding is new which is not even in the Constitution of the

10 United States, is "Nor be denied the equal protection of laws"

which is in the Fourteenth Amendment to the Constitution of

the United States, "nor be denied the enjoyment of civil

rights." A civil right is the right to vote. I mean that is

one of our civil rights, and you've got a flat prohibition

against being prohibited, against discrimination of civil

rights. That is a right to vote, and if he's a convicted

felon you can't discriminate against him.

18

GOVERNOR BUSBEE: That is new.

19

SENATOR BARNES: It doesn't say without due process,

20 it says no person shall be deprived of life, liberty or

21 property without due process, and the next section is nor

22 denied the equal protection of civil rights.

23

A VOICE: It says without due process.

24

SENATOR BARNES: If you put it at the end of it,

25 I say put it at the end instead of in the middle.

PAGE 28

SENATOR BALLARD: Mr. Chairman.

2

GOVERNOR BUSBEE: Before you speak, Senator Ballard,

3 may I make a suggestion and see what you think of it.

4

The reporter is trying to take this down word for

5 word, and several of you have some questions and you want to

6 talk with some of the lawyers. Would there be any objection

7 we're going to have a recess in just a few minutes, and I

8 think this is about the only thing we have that has much

9 controversy to it -- could we put this off until right after

10 the recess and corne back to Paragraph I? Is there any

Iz-'

11

j:
.'o"."-.

objection

to

postponing

consideration on that

and corning back

@);I right after the recess to it? That way you can ask any private questions that

! 14 ... you're trying to ask

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15 olI

All right. Senator Ballard.

I-'

'";;)

16 ~...

SENATOR BALLARD: All I wanted to say was to answer

Q
z

17 ~ all of the questions they're talking about, that the wording

18 "without due process of law" at the end of it instead of in

19 the middle of it, I think you've got the whole thing answered.

20

GOVERNOR BUSBEE: That might be a good observation.

21

Is there any objection to postponing further

22 consideration of Paragraph I until after the recess?

23

MR. HARRIS: Mr. Chairman, let me respond to Senator

24 Barnes' question.

25

GOVERNOR BUSBEE: All right. Senator Harris.

PAGE 29

I apologize either to the Senate or to Mr. Harris.

2

MR. HARRIS: When we get to Article II after Article

3 I, you'll find in Paragraph III of Section I, "No person may

4 register, remain registered or vote who has been convicted of

5 a felony involving moral turpitude except upon completion of

6 the sentence, or who has been judicially determined to be

7 mentally incompetent unless their disability has been removed."

8

SENATOR BARNES: The only thing that I say --

9

GOVERNOR BUSBEE: Senator Barnes.

10 .,

SENATOR BARNES: The right to vote was just an

~

%
11 ~ example. In other words, you are not prohibited in treating
.2..
[2~ people differently under the equal protection clause as long

~ri! as it's not based on race or other limits. When you take all 14 !;; that language out you are prohibiting all discrimination,
"l :J:
15 .,oll period, and you're not limiting just to those categories .
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16 ~.o.. That's the way I understand it . %

17 :

GOVERNOR BUSBEE: If we have a recess in a few

18 minutes you would have an opportunity to write down what you

19 have not written at this time; is that correct?

20

Any objection? We will postpone further considera-

21 tion of Paragraph I.

22

Paragraph II.

23

SENATOR BARNES: I move it be adopted, Paragraph II.

24

MR. HILL: Paragraph II, the title has been changed

25 from Religious Opinions, Liberty of Conscience, to Religious

PAGE 30

Opinions, Freedom of Religion. I'm sorry, Freedom of

2 Conscience. It has been changed insofar as to have the

3 provision read sex-neutral terms. This was something the

4 Article I committee had sought to do throughout the article,

5 and so the only change in Paragraph II has been to state it in

6 the sex-neutral terms.

7

A VOICE: Move the adoption, Mr. Chairman.

8

GOVERNOR BUSBEE: The motion has been made that we

9 adopt it.

10

(Motion seconded.)

"z
11 i=

GOVERNOR BUSBEE: There has been a second. Is there

..Iol..l..:

@;i further discussion? If not, all those in favor rise and stand until

! 14 you're counted.

to
'z": 15 .:.

(A show of hands.)

"Ill:
~
16 ~...

GOVERNOR BUSBEE: All opposed rise

azQ
17 you're counted.

and stand until

18

Zero, Zero. 23 and 15 it's adopted.

19

Paragraph III.

20

MR. HILL: All right. Paragraph III, the title has

21 bee changed from Religious Opinions, Liberty of Conscience,

22 to Religious Opinions, Freedom of Religion.

n

Within the provision the term "libery of conscience"

24 has been changed to "freedom of religion." The committee felt

25 that this was the freedom of religion clause of the Georgia

PAGE 31

Constitution, and preferred that language to what was in the

2 present constitution.

3

GOVERNOR BUSBEE: Is there a motion?

4

A VOICE: Move it be adopted.

5

GOVERNOR BUSBEE: The motion is made and seconded.

6 Is there a second?

7

(Motion seconded.)

8

GOVERNOR BUSBEE: The motion is seconded.

9

Is there any discussion? If not, all in favor rise

10 and stand until you're counted.

"z
11 j:
.'.o."....
@;i

(A show of hands.) GOVERNOR BUSBEE: All opposed. 24 and 16, House and Senate; nays none. It's

! 14 adopted.

!:zii:

15 o!)

IV.

"'";;)

16 .~..

MR. HILL: All right. Paragraph IV. The title has

Q

Z

17 : been changed to Freedom of Speech and of the Press Guaranteed,

18 and the terminology has been changed to "freedom of speech or

19 of the press, and it has been changed to be sex-neutral

20 throughout.

21

A VOICE: Move the adoption.

22

GOVERNOR BUSBEE: The motion is made and seconded.

23

Is there any -- Rather than rising and standing,

24 I'll ask you if there's any objection; we have a number to do.

25

Is there objection to the adoption of Paragraph IV?

PAGE 32

If not, it's adopted unanimously.

2

Libel, Paragraph V.

3

MR. HILL: All right, Libel. This paragraph has

4 been rewritten to cover civil as well as criminal libel and

5 to clarify the effect of truth as a defense.

6

The provision concerning the power of judges to

7 grant new trials in the case of conviction was dropped as

8 being unnecessary in light of the provsion in Article VI.

9

SENATOR BARNES: I've got a question, Mr. Chairman.

10

GOVERNOR BUSBEE: Senator Barnes.

SENATOR BARNES: Why do we need a rule of evidence

in the constitution?

I move to delete Paragraph V in its entirety.

MR. HARRIS: Mr. Chairman, if I may respond, it's

shown as underlined simply because it's been changed from its

present place in the constitution.

If you will turn to the next page, what used to be

18 Paragraph VIII was this provision on libel, and since it was

19 moved to become Paragraph V because it was felt to more

20 properly follow freedom of speech, since the limitation on

21 freedom of speech would be libel, that is why it is shown as

22 a total underlined paragraph.

23

It's not just brand new language, it was taken from

24 the existing provision.

25

SENATOR BARNES: I still don't see why we need it in

PAGE 33

the constitution. I mean that's the law, that's the statutory

2 law, truth is a defense to libel, and I think it would be

3 unconstitutional in light of Paragraph IV to say that truth

4 was not a defense, and I just don't see why we need it stated

5 in the constitution what the burden of evidence is. I move to

6 strike.

7

GOVERNOR BUSBEE: All right. Is there a second?

8

(Motion seconded.)

9

GOVERNOR BUSBEE: The motion is made and seconded.

10 Is there objection? Is there objection?

A VOICE: I object.

GOVERNOR BUSBEE: All in favor rise and stand until

you're counted.

(A show of hands.)

GOVERNOR BUSBEE: All in favor of striking rise and

stand until you're counted.

(A show of hands.)

18

GOVERNOR BUSBEE: All right. The ayes in the House

19 are how many, Mr. Speaker?

20

SPEAKER MURPHY: Nine.

21

GOVERNOR BUSBEE: Nine. In the Senate?

22

LT. GOVERNOR MILLER: Ten.

23

GOVERNOR BUSBEE: Ten.

24

All opposed to striking rise and stand until you're

25 counted.

PAGE 34

(A show of hands.)

2

SPEAKER MURPHY: Fourteen.

3

GOVERNOR BUSBEE: The Senate?

4

LT. GOVERNOR MILLER: Seven.

5

GOVERNOR BUSBEE: All right. On the motion to strike

6 the House is nine to strike and 14 not to strike; the Senate is

7 ten to strike and seven not to strike. That calls for a

8 conference committee to be appointed, three from the House

9 and three from the Senate. The Lt. Governor and the Speaker

10 will make the appointment.

"z
11 j:
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Paragraph VI.

@;i MR. HILL: This paragraph was moved from Section II, and there is no change.

! 14 I..-. :z: 15 oll
16 ":."~.I'.
aQz
17

GOVERNOR BUSBEE: I'll entertain a motion. A VOICE: Moved. GOVERNOR BUSBEE: It's been moved. Second? (Motion seconded.)

18

GOVERNOR BUSBEE: Is there discussion?

19

If not, is there objection to the adoption of

20 Paragraph VI?

21

The chair hears none, it's unanimously adopted.

22

Paragraph VII.

23

MR. HILL: Paragraph VII had no change.

24

GOVERNOR BUSBEE: Paragraph VII there's no change.

25 I'll entertain a motion.

PAGE 35

(Motion made.)

2

GOVERNOR BUSBEE: The motion is made.

3

(Motion seconded.)

4

GOVERNOR BUSBEE: There is a second. Is there

5 discussion?

6

If not, is there objection that it be adopted?

7

There being no objection, it's unanimously adopted.

8

Paragraph VIII.

9

MR. HILL: Paragraph VIII has been changed to read

10 that the people -- it's really just an editorial revision of

"z

11

...
o..c..&..

the

statement,

it's moving

"by petition or

remonstrance"

to

@;i another place in the paragraph. A VOICE: Move it's adoption.

! 14 !:;z::;

GOVERNOR BUSBEE: The motion is made it be adopted.

15 .:I Is there a second?

"c&
;;;)

16 ~...

(Motion seconded.)

oz

17 :

GOVERNOR BUSBEE: The motion is made and seconded.

18 Is there discussion?

19

If not, all in favor of the adoption -- Is there

20 objection to the adoption?

21

If not, it's unanimously adopted.

22

Paragraph IX.

23

MR. HILL: The title has been changed from Attainder,

24 Ex Post Facto and Retroactive Laws to Bill of Attainder, Ex

25 Post Facto Laws and Retroactive Laws, so there's been no change

PAGE 36

I mean just editorial changes.

2

A VOICE: Move it be adopted.

3

GOVERNOR BUSBEE: There's a motion that it be adopted.

4 Second?

5

(Motion seconded.)

6

GOVERNOR BUSBEE: There's a second.

7

Is there discussion? If not, is there objection to

8 the adoption of Paragraph IX?

9

The chair hears none, it's unanimously adopted.

10

Paragraph X.

.."z
11 i=

MR. HILL: This provision was subject to some change,

.o.....

@~I substantive change. It's been changed to preclude a person from asserting a constitutional right to serve as co-counsel

14 ~I in one's own defense.

:I:

..15 .:
"

Under this proposed change a person would still be

:::l

16 .~.. able to have the assistance of counsel in carrying out one's

Q

Z

17 : own defense, but at the discretion of the trial court rather

18 than as a matter of constitutional right.

19

The provision in the present constitution reads that

20 no person shall be deprived of the right to prosecute or

21 defend that person's own cause in any of the courts of this 22 state in person, by attorney or both, and the "or both" has 23 created certain problems in the trial of cases for some of 24 the judges at the trial level and the committee attempted to 25 respond to that concern by changing the language to assure,

PAGE 37

guarantee a person the right to defend in person or by an

2 attorney, but not both necessarily.

3

GOVERNOR BUSBEE: All right.

4

A SENATOR: Could you cite us an example of what the

5 problem was of using both?

6

MR. HARRIS: As I remember, one of the judges on this

7 article committee described pretty graphically the situation

8 that had existed in several trials where there was an attorney

9 and the accused both attempting to conduct the trial, and it

10 created a bad situation in trying simply to handle the orderly

~

11

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process

of

the

trial.

The accused could jump up and object,

o..I..I..:

[2~ or the lawyer could jump up and object, and they did not

~)~ necessarily object to the same things, and it just created a

14 ~I situation.

on

:I:

15 ~

There was a Supreme Court decision in this matter I

CI
I::I:
16 .~.. think a couple or three years ago, but it was felt by the

Q

Z
17 :: judges and those directly concerned with the trial of cases

18 that this needed to be cleared up in order that they could

19 conduct a trial in an orderly fashion either by the accused

20 with an attorney giving his assistance on the side, or by the

21 accused's attorney.

22

GOVERNOR BUSBEE: I want to call on the Chief

23 Justice.

24

CHIEF JUSTICE JORDAN: Mr. Chairman, I would strongly

25 recommend the proposed change in this article. It has caused

PAGE 38

considerable confusion in many cases. There must be a lead

2 counsel in all cases, and this would eliminate the situation

3 whereby both the accused and attorneys have attempted to be

4 -- there was confusion as to who was the lead counsel.

5

GOVERNOR BUSBEE: Senator Holloway.

6

SENATOR HOLLOWAY: It seems to me under this wording

7 that if the defendant chose to defend himself he could not

8 have an attorney assisting him, because it says either he or

9 the attorney. Is that true?

10

GOVERNOR BUSBEE: You're asking me a question,

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e ; ;11

i=
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Senator.

I agree with the Chief Justice on that, you have to

have a lead counsel, and the way it is now worded has really

created some confusion in the courts of giving the right to

! 14 both to be heard. Now, one has to be lead counsel. I-

':z":

15 olI

SENATOR HOLLOWAY: The question is, he's got to do

"Ill:
::>

16 ~... it either in person or by an attorney, so it will be just one
az

17 :: attorney there, it can't be --

I mean if he elects himself

18 he can't have an attorney as I read this.

19

MR. HARRIS: That's not correct. He can have an

20 attorney at counsel table, but the attorney if the defendant

21 was going to conduct the trial the only use he could make of

22 the attorney would be to turn to him from time to time to seek

23 advice.

24

SENATOR HOLLOWAY: As long as that's clear. It's not

25 clear to me.

PAGE 39

MR. HARRIS: If he conducts the trial, the attorney

2 cannot conduct the trial; it can't be two of them conducting

3 the triaL

4

SENATOR HOLLOWAY: That's not what it says.

5

GOVERNOR BUSBEE: I think the Senator has a point,

6 but I still think it's a good amendment or change.

7

The point is this, you give a man a right to be his

8 own counsel. All right. Once he elects to be his own counsel,

9 yes, he could

you have a right to counsel, he could forfeit

10 that right under the way it's worded, and I agree to that, but

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9 ; ;11

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I

think

he

should

forfeit

it unless

the

court

feels

he

needs

the assistance if he's going to be his own counsel. You can't

have both.

! 14 !;;

All right. The motion is made and seconded.

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15 oll
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SPEAKER MURPHY: In those cases where the court has

<II:

~

16

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Q

appointed counsel

is where

it's

raised,

isn't

it?

Z

17 :;

CHIEF JUSTICE JORDAN: Where the courts have

18 appointed a counsel?

19

SPEAKER MURPHY: Yes.

20

CHIEF JUSTICE JORDAN: That's generally the place

21 where it was raised where the accused said "I don't want

22 counsel, I want to be my own attorney," but the courts in

23 order to absolutely see that the rights of the accused are

24 protected appoints counsel. Even where a man elects to

25 represent himself, additional counsel is appointed if he wishes

PAGE 40

to seek the guidance of that attorney.

2

I don't see anything that would prevent the man

3 representing himself and the courts also appointing an attorney

4 available to him if he so wished to consult with him.

5

GOVERNOR BUSBEE: Representative Pinkston.

6

REPRESENTATIVE PINKSTON: Mr. Chairman, I am looking

7 at Paragraph XII down below headed Benefit of Counsel, "Every

8 person charged with an offense against the laws of this state

9 shall have the privilege and benefit of counsel."

10

There is a conflict between those two, and if he has

the privilege and benefit, has he got to have counsel? And if

he elects to defend himself

GOVERNOR BUSBEE: He would have the privilege and

benefit if he wants it.

REPRESENTATIVE PINKSTON: Has he got to have both,

and then what are you going to do?

GOVERNOR BUSBEE: My understanding, Representative

18
Pinkston, of the present law is the court has to appoint him

19
counsel -- is that right, Judge?-- and if he elects to be his

20
counsel then you've got two counsel there.

21

SPEAKER MURPHY: Judge, check and see if I ain't

22 right about this. Under the federal decisions, the federal

23 constitution, if a person wants counsel the court is required

24
to appoint him counsel; if he does not want a counsel, he is

25 not required to be appointed one.

PAGE 41

This just says here that if he wants him we've got

2 to appoint him. Isn't that all it says?

3

CHIEF JUSTICE JORDAN: I think it does.

4

GOVERNOR BUSBEE: Any further discussion?

5

If not, all those in favor of adoption of the

6 paragraph rise and stand until you're counted.

7

(A show of hands.)

8

GOVERNOR BUSBEE: Opposed?

9

(A show of hands.)

10

GOVERNOR BUSBEE: All right. On the adoption it's

25 in the House in favor, zero in opposition; 15 in favor by

the Senate, one in opposition. It's adopted.

Paragraph XI.

MR. HILL: Paragraph XI was subject to no change.

GOVERNOR BUSBEE: I'll entertain a motion.

A VOICE: So moved.

(Motion seconded.)

18

GOVERNOR BUSBEE: The motion is made and seconded it

19 be adopted. Is there discussion?

20

If not, is there objection to adoption of Paragraph

21 XI? It's adopted.

22

Paragraph XII.

23

MR. HILL: Paragraph XII was amended to require that

24 a person accused of a crime be furnished in all cases with a

25 copy of the accusation, and on demand with a list of the

PAGE 42

witnesses on whose testimony the charge is founded.

2

This provision was subject to some modification

3 during the 1980 session, and I think you'll want to ta~a look

4 at what was done to it in the House and Senate in 1980.

5

So if you have this progression table, turn to pages

6 2 and 3 of the progression table, you can see what happened to

7 this in the House and Senate Judiciary Committee when it was

8 before the House and Senate in 1980.

9

GOVERNOR BUSBEE: Is there a motion?

10

SENATOR BARNES: Move its adoption.

GOVERNOR BUSBEE: The motion is made. Second?

(Motion seconded.)

GOVERNOR BUSBEE: It's been seconded. Any

discussion?

If not, is there objection to the adoption of

Paragraph XII? If not, it's unanimously adopted.

Paragraph XIII.

18

MR. HILL: Habeas Corpus. This paragraph was

19 amended to reinsert the historic exception to the provision

20 which is found in a number of other state constitutions,

21 namely "unless, in case of rebellion or invasion, the public
n safety may require it."

23

Again, this was subject to some modification in the

24 General Assembly. The Select Committee, the House and Senate

25 in 1980 all omitted that last phrase.

PAGE 43

A VOICE: Move its adoption.

2

GOVERNOR BUSBEE: The motion is made. Second?

3

(Motion seconded.)

4

GOVERNOR BUSBEE: Seconded. Any discussion?

5

If not, all those in favor of the adoption of

6 Paragraph XIII --

7

Well, is there objection to the adoption of Paragraph

8 XIII?

9

The chair hears none, it's unanimously adopted.

10

Paragraph XIV.

."z
11 j:
.'o"..

MR. HILL: This paragraph was subject to editorial

@;i revision only. A VOICE: Move its adoption.

! 14 ..:z....:
15 oll
"'";;;)
16 ~... Q z

GOVERNOR BUSBEE: The motion is made (Motion seconded.) GOVERNOR BUSBEE: And seconded. Is there objection?

17 : Is there discussion?

18

Is there objection to the adoption of Paragraph XIV?

19

It's unanimously adopted.

20

Paragraph XV.

21

MR. HILL: This paragraph had no change.

22

A VOICE: Move its adoption.

23

GOVERNOR BUSBEE: Motion. Seconded?

24

(Motion seconded.)

25

GOVERNOR BUSBEE: Discussion?

PAGE 44

Is there objection to the adoption of Paragraph XV?

2

If not, it's unanimously adopted.

3

Paragraph XVI.

4

MR. HILL: This paragraph was revised to encompass

5 all cases in which a new trial is granted after convictimn.

6

GOVERNOR BUSBEE: Is there a motion?

7

A VOICE: Moved.

8

(Motion seconded.)

9

GOVERNOR BUSBEE: Is there discussion? If not, is

10 there objection to its adoption?

If not, it's adopted unanimously.

Paragraph XVII.

MR. HILL: Paragraph XVII was subject to editorial

revision only.

A VOICE: Move its adoption.

GOVERNOR BUSBEE: The motion is made.

(Motion seconded.)

18

GOVERNOR BUSBEE: And seconded. Any discussion?

19

If not, is there objection to its adoption? It's

20 unanimously adopted.

21

Paragraph XVIII.

22

MR. HILL: No change.

23

A VOICE: Move its adoption.

24

(Motion seconded.)

25

GOVERNOR BUSBEE: The motion is made and seconded.

PAGE 45

1 Discussion?

2

Is there objection to the adoption? If not, XVIII

3 is unanimously adopted.

4

Paragraph XIX.

5

MR. HILL: XIX was subject to editorial revision

6 only.

7

A VOICE: Move the adoption.

8

GOVERNOR BUSBEE: The motion is made. Second?

9

(Motion seconded.)

10

GOVERNOR BUSBEE: Discussion?

."z
11 j:
..o.....

If not, all in favor say aye.

9;1 It's unanimously adopted. XX.

Is there objection?

! 14 I-

MR. HILL: Paragraph XX, the term "slavery" was

III

00(

:I:

.15 oll deleted from this paragraph as being encompassed by the term
";:)

16 .~.. "involuntary servitude."

Q

Z

00(

17 :

GOVERNOR BUSBEE: I'll enterain a motion on XX.

18

A VOICE: Move its adoption.

19

GOVERNOR BUSBEE: The motion is made. Second?

20

(Motion seconded.)

21

GOVERNOR BUSBEE: And seconded. Discussion?

22

If not, is there objection?

23

It's unanimously adopted.

24

Paragraph XXI.

25

MR. HILL: No change in Paragraph XXI.

PAGE 46

A VOICE: Move its adoption.

2

(Motion seconded.)

3

GOVERNOR BUSBEE: The motion is made and seconded.

4 Discussion?

5

Is there objection to its adoption? If not, it's

6 unanimously adopted.

7

Paragraph XXII.

8

MR. HILL: This paragraph was amended to clarify

9 that it applies only to criminal cases.

10

GOVERNOR BUSBEE: Motion?

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11 i=
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@;I second?

A VOICE: Move its adoption. GOVERNOR BUSBEE: Let me get a second. Is there a

! 14 t;

(Motion seconded.)

:I:

15 o:J

GOVERNOR BUSBEE: It's been seconded.

"'";;;)

16 .~.. Discussion?

oz

17 ::

Senator Barnes?

All right.

18

SENATOR BARNES: This is something else, why do we

19 need a cost provision in the constitution? Why can't that be

20 handled by statute?

21

GOVERNOR BUSBEE: I think it could be handled by the

22 legislature if you're asking me. I don't know why it's

23 retained. It's in the existing constitution, that's about the 24 only reason I can give you.

25

SENATOR BARNES: I move to delete Paragraph XXII.

PAGE 47

(Motion seconded.)

2

GOVERNOR BUSBEE: The motion is made that it be

3 stricken, be left to the legislature to determine by statute.

4

Is there any discussion? If not --

5

SPEAKER MURPHY: Yeah, there is some discussion.

6

GOVERNOR BUSBEE: All right, Mr. Speaker.

7

SPEAKER MURPHY: There ought to be some discussion

8 because no person ought to be required, and it ought to be in

9 the basic law that they ought not to be required to pay costs

10 until after there's been a conviction or been lost, and if we

leave it up to the legislature it could conceivably be

required that they pay costs before they were convicted,

and I just think it ought to stay in the constitution myself.

SENATOR BARNES: Let me just say one thing.

GOVERNOR BUSBEE: Senator Barnes.

SENATOR BARNES: I don't believe you can require a

defendant constitutionally to pay costs for anything.

18

SPEAKER MURPHY: You can't now, but if you take this

19 out you can.

20

SENATOR BARNES: I don't -- Well, I just disagree.

21

GOVERNOR BUSBEE: Any further discussion?

22

All in favor to strike rise and stand until you're

23 counted.

24

(A show of hands.)

25

GOVERNOR BUSBEE: All opposed.

PAGE 48

(A show of hands.)

2

GOVERNOR BUSBEE: All right. The motion to strike is

3 rejected.

4

The motion to adopt. Second?

5

(Motion seconded.)

6

GOVERNOR BUSBEE: Is there any further discussion?

7

All in favor of the adoption rise and stand until

8 you're counted.

9

(A show of hands.)

10

GOVERNOR BUSBEE: Reverse yourself.

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11 i=

(A show of hands.)

.'2"..

@);~j GOVERNOR BUSBEE: It's adopted 24 to zero in the House, 12 to zero in the Senate.

14 ~I 'z":
15 oll

Paragraph XXIII. MR. HILL: This paragraph was subject to editorial

":':">
16 ~... revision only
Dz

17 :

GOVERNOR BUSBEE: A motion?

18

A VOICE: So moved.

19

GOVERNOR BUSBEE: The motion is made. Second?

20

(Motion seconded.)

21

GOVERNOR BUSBEE: The motion is made and seconded.

22 Discussion?

23

Is there objection? If not, it's unanimously adopted.

24

Paragraph XXIV.

25

MR. HILL: This was subject to a good bit of

PAGE 49

revision, exemptions from levy and sale.

2

This paragraph incorporates changes first proposed

3 in the 1970 constitution. It sets a floor on the amount of

4 property of each person which is exempt from levy and sale.

5

Presently in exemptions this kind of exemption

6 applies only to heads of households and others listed in this

7 paragraph, and it gives the General Assembly broader authority

8 to define to whom and in what manner additional exemptions

9 may be allowed above the minimum set for each person, and it

10 does extend to every person rather than just the select class

tCzI
11 an exemption in the amount of $1600. It allows the General
f...
@;i Assembly to increase this and define to whom additional exemptions should be allowed.

! 14

SPEAKER MURPHY: This is going to get us into

I-

III

:I:

15 olI trouble now. It ought to be uniform, whatever it is.

aC:I

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16 .~..

GOVERNOR BUSBEE: Is there a motion to adopt?

Q
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17 g

SENATOR BARNES: Let me ask you this. Of course

18

GOVERNOR BUSBEE: I've got to have a motion on the

19 floor first, then we'll discuss it.

20

A VOICE: Move its adoption.

21

(Motion seconded.)

22

GOVERNOR BUSBEE: Motion and seconded. All right,

23 discussion.

24

Senator Barnes.

25

SENATOR BARNES: If we don't have this in, can we

PAGE 50

exempt from levy and sale -- this is assuming the

2 constitution -- by statute?

.

3

GOVERNOR BUSBEE: I didn't understand you.

4

SENATOR BARNES: If we do not have this provision in

5 -- we have an exemption from levy and sale now, I believe

6 it's -- of course it gets intertwined with bankruptcy

7 exemption, I think it's five or seven thousand, something

8 like that -- if we don't have this provision in the

9 constitution would that statute still be valid and legal, the

10 statute that we have on exemptions from levy and sale?

GOVERNOR BUSBEE: I don't know. I can't answer your

question. I would have some doubt.

Basically what you're doing here is you have the

heads of households and the definition of who has the exemption.

This says everybody's got the exemption on property up to

$1,600. I don't see how there could be any objection to that

if you're going to have an exemption in the constitution.

18

SENATOR BARNES: If you're going to have an exemption.

19 I mean why not just provide that by statute?

20

I thought that was the whole purpose of trying to

21 reduce the size and take out what was not necessary.

22

My only question is can you have exemptions from

23 levy and sale without a constitutional provision? If you can,

24 then I don't see why we need it.

25

GOVERNOR BUSBEE: I honestly can't answer your

PAGE 51

question. I know what you're asking; I don't know.

2

MR. HILL: I don't see any reason why you couldn't

3 either, but this is a basic protection, a bottom line

4 protection for everyone so the General Assembly could not go

5 below this amount.

6

The only thing this would do is make sure that at

7 least up to $1,600 everyone would have this exemption and the

8 General Assembly couldn't remove that.

9

If you leave it to statute, then you could do away

10 with all exemptions if you chose to.

GOVERNOR BUSBEE: Judge, I don't mean to ask you for

a rUling, but would you have some doubt we could give home-

stead exemptions without having some constitutional basis for

it?

CHIEF JUSTICE JORDAN: I think it ought to be in the

constitution.

GOVERNOR BUSBEE: Or an exemption?

18

CHIEF JUSTICE JORDAN: Yes.

19

GOVERNOR BUSBEE: I think there would be some doubt

20 too, Senator.

21

SENATOR BARNES: Let's leave it alone.

22

GOVERNOR BUSBEE: The motion has been made and

23 seconded. Further discussion?

24

Representative Burrus.

25

REPRESENTATIVE BURRUS: My question is the $1,600

PAGE 52

amount. That's been in there a long time. Should that be

2 raised?

3

A VOICE: This is just a floor.

4

GOVERNOR BUSBEE: This is just a floor. It can be

5 raised by statute to any figure the legislature wants under

6 this language, but this would be the floor.

7

Senator Greene.

8

SENATOR GREENE: I have a substitute motion that we

9 strike the words "of not less than $1,600" and insert the

10 words "as provided by law" so it could be any figure and the

..11

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j:

General Assembly

could

do with

it

as

they

saw

fit

o...

@);i1M GOVERNOR BUSBEE: We have a substitute motion. The

substitute motion is to delete

Give me the words again,

! 14 !ii Senator, the deletion.

0(

:r

.".15 .:l ;:)

SENATOR GREENE: "Not less than $1,600."

16 ~ 1M

GOVERNOR BUSBEE: Of not less than $1,600.

Q

Z

0(

17 : would do away with having a constitutional floor.

That

18

Is there a second to that?

19

SENATOR GREENE: And insert the words "as provided

20 by law," if that's necessary.

21

GOVERNOR BUSBEE: All right. Is there a second?

22

(Motion seconded.)

23

GOVERNOR BUSBEE: The motion is made and seconded.

24 Is there discussion on the substitute to do away with the floOI

25 of $1,600?

PAGE 53

A VOICE: Mr. Chairman, could it not then be reduced

2 to a dollar if you wanted to?

3

GOVERNOR BUSBEE: Yes.

4

All right. Is there any further discussion?

5

All in favor of the substitute motion which would be

6 the adoption of the article as written except for the removal

7 of the floor of not less than $1,600 and then putting as set

8 by statute rise and stand until you're counted.

9

(A show of hands.)

10

GOVERNOR BUSBEE: Opposed.

(A show of hands.)

GOVERNOR BUSBEE: All right. The House ayes one,

nays 24; the Senate ayes four, nays 13. The motion to delete

is lost.

Now to corne to the main motion. All in favor of the

adoption of the article as written rise and stand until you're

counted.

18

(A show of hands.)

19

GOVERNOR BUSBEE: Opposed. Reverse your position.

20

(A show of hands.)

21

GOVERNOR BUSBEE: Okay. It's adopted 24 to zero in

22 the House, and 16 to zero in the Senate.

23

Paragraph XXV.

24

MR. HILL: This paragraph was subject to some

2S considerable change. It was deemed necessary in light of the

PAGE 54

recent Orr ~. Orr decision of the united States Supreme Court 2 in which the court declared unconstitutional on federal equal 3 protection grounds the wives-only alimony provisions of

4 Alabama law.

5

In the 1979 legislative session the General Assembly

6 amended its own laws on the subject of wife's separate estate

7 to comply with the Orr decision, and Section 53-502 of the

8 Code now states that the separate property of each spouse 9 shall remain the separate property of that spouse, except as

10 provided in Code Title 30, "Divorce and Alimony," and except

8);1"z 11 a..jo..::.. as otherwise provided by law. Because of this statutory provision, the Committee
considered the possibility of deleting the paragraph since it

! 14 .tci is covered by the statute, but finally decided to leave it in

:z:

15 olI but to have it read in sex-neutral terms. There was a

"a:
~

16 ~... recommendation at one point that it be deleted

Q

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17 :

GOVERNOR BUSBEE: The speaker had a question.

18

SPEAKER MURPHY: Didn't the Orr decision have to do

19 with leaving the wife's property her separate estate and not

20 making it subject to my-debts? What did it have to do with

21 that?

22

MR. HARRIS: The Orr decision resulted in a statutory

23 change in Georgia with respect to alimony.

24

SPEAKER MURPHY: That's right, but it had not to do

25 with their property.

PAGE 55

MR. HARRIS: And the Georgia statute currently reads

2 the separate property of each spouse shall remain the separate 3 property of that spouse, except as otherwise provided by a

4 certain code section.

S

SPEAKER MURPHY: Is it not conceivable then we could

6 come back by statute and make Georgia a community property

7 state?

8

MR. HARRIS: It is.

9

SPEAKER MURPHY: I ain't fer that.

10

GOVERNOR BUSBEE: Let me just get a

I need a

motion where we can settle this.

A VOICE: Move the adoption.

GOVERNOR BUSBEE: The motion is made. Is there a

second?

(Motion seconded.)

GOVERNOR BUSBEE: The motion is made and seconded.

Now we have had discussion.

18

All right. Representative Galer.

19

REPRESENTATIVE GALER: I need to ask a question

20 about what the speaker said, because I was going to move that 21 we remove this from the constitution. Would you elaborate on

22 what you were talking about, Mr. Speaker?

23

Do you feel we have to leave that in there so that

24 we will not created a community property state? To me this is 2S statutory anyhow.

PAGE 56

SPEAKER MURPHY: It sure isn't statutory to me.

2 I think we ought to go back to the original provision myself

3 and editorially revise it, that's all we need to do.

4

GOVERNOR BUSBEE: I think -- he's looking to get the

5 history of it, but I think I can state that the change in this

6 would be that you could by statute make this a community

7 property state.

8

SENATOR BARNES: Can't you do that now anyway?

9

SPEAKER MURPHY: No, sir, not under our present

10 consititution.

"z
11 j:

REPRESENTATIVE GALER: Mr. Chairman, could you

.oD.o.

@);~ explain -- it's confusting to me because it says this will remain separate except where we may make the changes provided

! 14 by statute. It sounds like it cancels itself.

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15 oll

SPEAKER MURPHY: The existing constitution now

"
:)

16 .a~z.. provides that we could not pass a statute to make my wife's

17 ~ property subject to my debts. In other words, we could not

18 pass a community property statute in Georgia now. If this is

19 adopted, we could pass a community property statute.

20

If you've ever lived in a community property state

21 or know anything about their law, we don't need to get

22 involved in that. Alabama is bad enough, ain't they, Judge?

23

REPRESENTATIVE GREER: Mr. Chairman.

24

GOVERNOR BUSBEE: Representative Greer.

25

REPRESENTATIVE GREER: May I ask this question?

PAGE 57

If I'm following it right as to what Torn said,

2 wouldn't the present constitution where it does exactly what

3 it says here, but goes on to say and the wife shall not be

4 liable for the debts of her husband -- isn't that the point?

5

GOVERNOR BUSBEE: I think what the speaker is

6 alluding to is under the present constitution it reads --

7 it's trying to protect the wife for what's given to her by her

8 daddy and what she's inherited, yes, that that can't be liable

9 for her husband's debts, but the way it now reads is all

10 property of a wife at the time of her marriage and all

CzI
11 j: property given or inherited or acquired by her shall remain
'o.."....
@~j her separate property and not be liable for the debts of the husband.

! 14

REPRESENTATIVE GREER: Why wouldn't that be better

I-
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15 ~ than the change they've made? That's what Torn was talking

CI
'":;) 16 .~.. about I think .

Q
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17 :

GOVERNOR BUSBEE: Senator Lester.

18

SENATOR LESTER: To solve the problem you're speaking

19 of, why not put a period after spouse so it reads "separate

20 property of each spouse shall remain the separate property of

21 that spouse," period.

22

SPEAKER MURPHY: I've got no problem with that.

23

SENATOR BARNES: Yeah, but you couldn't award a wife

24 alimony or property in a divorce case of the husband. I mean

25 if it says the separate property of each spouse shall remain

PAGE 58

the separate property of that spouse you couldn't award a

2 wife any property in a divorce case.

3

He's saying strike that otherwise provided by law.

4

SPEAKER MURPHY: This is way too broad. Maybe

5 somebody could do it, but this is way too broad.

6

GOVERNOR BUSBEE: We're going to have to kind of

7 proceed with some order. If we want to pass, we can do that.

8

All right. Representative Phillips.

9

REPRESENTATIVE PHILLIPS: Mr. Chairman, is there a

10 motion on the floor to adopt?

"z
11 j:
o..'"....

GOVERNOR BUSBEE: There's a motion on the floor to

8~1 adopt as proposed. REPRESENTATIVE PHILLIPS:

Could I make a substitute

! 14 I- motion?

'~:"z:

15 .:I

GOVERNOR BUSBEE: All right.

"'";;)

16 .~..

REPRESENTATIVE PHILLIPS: That the current paragraph,

Q

Z

~

17 : the current constitution Number 24, the language of that be

18 adopted as Paragraph xxv.

19

GOVERNOR BUSBEE: That is what I just read there

20 about the property of the wife.

21

REPRESENTATIVE PHILLIPS: Paragraph XXIV says Wife's

22 Separate Estate: All property of the wife at the time of her

n marriage, and all property given to her, inherited ... " In

24 other words, exactly what's in the present constitution be

~ brought back.

PAGE 59

GOVERNOR BUSBEE: The motion is that we go back to

2 the current constitution which is shown on your version there

3 that is the strike-through.

4

(Motion seconded.)

5

GOVERNOR BUSBEE: The motion is made and seconded as

6 a substitute motion that we have the existing constitution --

7

SENATOR BELL: Mr. Chairman.

8

GOVERNOR BUSBEE: Senator Bell.

9

SENATOR BELL: I have no objection to doing that.

10 I'm just curious what's the background argument for making the

.."z
11 j: change in the first place.

Can you give me a real good reason?

e ; ;..o..... Are we doing something by going back that they didn't want to do?

! 14

A VOICE: It applies to each spouse. The proposal

1;;

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..15 ~ applies to each spouse. The original just protected the wife's
";;)

16 .~.. property .

oz

17 :

GOVERNOR BUSBEE: I think the speaker wants to be

18 heard now, but I think he wants to neuter this by changing the

19 existing constitution as to where it says wife just put spouse,

20 and that way if you inherit something your wife doesn't get

21 what you inherit either and treat all of them just alike, but

22 it would protect what Senator Barnes is talking about.

23

SPEAKER MURPHY: I'll make a substitute motion.

24

GOVERNOR BUSBEE: A substitute motion, Mr. Speaker.

25

SPEAKER ~mRPHY: Go back to the constitution with

PAGE 60

the change, leaving it Spouse's Separate Estate, leave that

2 there, put "All property of the spouses at the time of their

3 marriage and all property given to, inherited or acquired by

4 them," change "her" to "them," -- "shall remain their separate

5 property and not be liable for the debts of the other spouse."

6

SENATOR BARNES: May I be

7

GOVERNOR BUSBEE: Senator Barnes.

8

SENATOR BARNES: But if you do that, won't that

9 prohibit in divorce cases of awarding one's property to the

10 other?

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@;;11 i= ..'o"....

GOVERNOR BUSBEE: It's only SENATOR BARNES: But I mean it didn't stop, it says

"and shall not be .. "

! 14 !;;

GOVERNOR BUSBEE: I'm going to give a ruling on this,

:z:

15 o:J the judge can overrule me.

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'";:) 16 .~..

What the Speaker's proposal would do, Senator Barnes,

oz

17 :: in my opinion is you would neuter the present constitution,

18 and when you do that the effect would be if a husband has

19 inherited property then that would not be subject to alimony

20 that you referred to and would be a change in the way he

21 proposes, but you treat both of them the same.

22

Now, anything that he's acquired subsequently would

23 be subject to that.

24

SENATOR BARNES: I agree with that, but what if

25 you've got a Candler or a Woodruff that doesn't acquire any

PAGE 61

property, inherits it all, he's got five kids and you can't

2 award them any trust award or any trust funds or anything

3 else because he's inherited every bit of it.

4

GOVERNOR BUSBEE: All right. Mr. Phillips.

5

REPRESENTATIVE PHILLIPS: A point of information.

6 Isn't this paragraph talking about debts, not alimony?

7

SPEAKER MURPHY: That's all it's talking about is

8 debts.

9

GOVERNOR BUSBEE: I think your point is well taken.

10

SENATOR BARNES: What was the question?

GOVERNOR BUSBEE: We're talking about debts.

All right. You have a substitute motion by the

speaker, and I think there was a second. Is there a second?

(Motion seconded.)

GOVERNOR BUSBEE: All right, there's a second.

Senator Holloway.

SENATOR HOLLOWAY: A point of inquiry. If it doesn't

18 receive a majority on either side does it also go to a

19 conference committee?

20

GOVERNOR BUSBEE: If it what?

21

SENATOR HOLLOWAY: If it does not receive a majority

22 on both sides, it still goes to a conference committee?

23

GOVERNOR BUSBEE: If were to get -- in other words,

24 be defeated by both sides it wouldn't go to a conference

25 committee, but if it passes in one body and not in the other

PAGE 62

body it goes to a conference committee.

2

All right. You have a substitute motion that it be

3 neutered as read by the speaker.

4

SPEAKER MURPHY: Parliamentary inquiry.

5

GOVERNOR BUSBEE: State your point.

6

SPEAKER MURPHY: Wouldn't it be satisfactory if

7 somebody wanted to make a motion that this be submitted to a

8 conference committee between the two bodies?

9

SENATOR HOLLOWAY: I'm not clear enough to vote on

10 it right now. I so move.

.."z
11 i=

GOVERNOR BUSBEE: The motion is so made that this

..o....

@;i paragraph be referred to a conference committee of three senators and three representatives to be appointed by the

14 ~I speaker and lieutenant governor. Is there objection?

':"z:

".15 .: ;;)

SENATOR REYNOLDS: Can you do that? We haven't even

16 ~... voted .

zQ

17 ~

A VOICE: We can do anything.

18

GOVERNOR BUSBEE: The motion is made that it be

19 postponed and given to a conference committee. I think that

20 motion would be in order. It would be in the nature of a

21 motion to postpone consideration.

22

All right. Out of an abudance of caution, all in

23 favor of referring this to a conference committee rise and

24 stand until you're counted.

25

(A show of hands.)

PAGE 63

GOVERNOR BUSBEE: Opposed to a conference committee.

2 Zero. It's unanimously adopted it be referred to a conference

3 committee to be appointed by the lieutenant governor and the

4 speaker.

5

All right. Next paragraph.

6

MR. HILL: No change in the last paragraph of

7 Section I.

8

GOVERNOR BUSBEE: All right. There's been no change

9 in the Paragraph XXVI. I will entertain a motion.

10

(Motion made and seconded.)

"z
11 j:
'o.."....

GOVERNOR BUSBEE: The motion is made and there's a

~ 12~ second. Is there discussion?

~r~

Is there objection to its adoption? The chair hears

! 14 none, it's adopted.

1;;



%

15 q

A VOICE: Recess.

"'::">

16 .~..

GOVERNOR BUSBEE: All right. We have some people

Q

Z

17 : calling for a recess. We will be in recess for ten minutes,

18 we will reconvene at 13 until twelve.

19

(A brief recess.)

20

GOVERNOR BUSBEE: All right. We're going to corne to

21 order.

22

We're going to Section II, Paragraph I. All right,

23 Mel.

24

MR. HILL: Section II, Paragraph I, no change.

25

GOVERNOR BUSBEE: All right, there is no change in it~

PAGE 64

I will entertain a motion.

2

A VOICE: So moved.

3

GOVERNOR BUSBEE: The motion is made to be adopted.

4 Is there a second?

5

(Motion seconded.)

6

GOVERNOR BUSBEE: The motion is seconded. Is there

7 discussion?

8

If not, is there objection? It's unanimously

9 adopted.

10

A VOICE: What's adopted?

~ z

11 i=

GOVERNOR BUSBEE: Paragraph II.

.'2"..

~;i

MR. HILL: This paragraph restates and reaffirms in more concise language the principles enunciated in

! 14 Paragraphs II and III of Section II of the present It:zil:
15 ol) constitution.

~
'"::;) 16 .~..

I already pointed out that the Paragraph III was

Q

-Ze
17 : eliminated by the Article I committee, protection to person

18 and property shall be impartial and complete, because they

19 felt it was covered in their Article I proposal, but this was

20 reinstated by the House, Paragraph III. This omission was

21 reinstated by the House in 1980, but Paragraph II is changed 22 as indicated in the draft.

23

A VOICE: Move its adoption.

24

GOVERNOR BUSBEE: The motion is made to be adopted.

25 Is there a second?

PAGE 65

(Motion seconded.)

2

GOVERNOR BUSBEE: All right, there's a second. Is

3 there discussion on Paragraph II, Section II?

4

If not, is there objection to the adoption of

5 Paragraph II of Section II? without objection it's unanimously

6 adopted.

7

III.

8

MR. HILL: Paragraph III of the proposed revision was

9 subject only to a change in title.

10

GOVERNOR BUSBEE: Motion?

A VOICE: Move its adoption.

(Motion seconded.)

GOVERNOR BUSBEE: The motion is made and there's a

second. Is there discussion?

If not, is there objection?

It's unanimously adopted.

Paragraph IV.

18

MR. HILL: Paragraph IV was just subject to

19 editorial revision.

20

A VOICE: Move it be adopted.

21

(Motion seconded.)

22

GOVERNOR BUSBEE: The motion is made and there's a

n second. Discussion?

24

Is there objection to its adoption? Paragraph IV is

25 unanimously adopted.

PAGE 66

Paragraph V.

2

MR. HILL: Paragraph V was subject to editorial

3 revision only.

4

A VOICE: Move its adoption.

5

(Motion seconded.)

6

GOVERNOR BUSBEE: The motion is made and there's a

7 second. Is there discussion?

8

If not, is there objection? It's unanimously adopted.

9

Paragraph VI.

10

MR. HILL: All right. This Paragraph VI was

11

"z
i=

amended

to

delete

the

constitutional

prohibition

on

the

.'oA"..-

@);I quartering of soldiers in private homes. It was the consensus of the committee that this specific prohibition was anti-

! 14 ... quated and unnecessary, and it could better be addressed by

VI

::I:

15 ~ statute in any event.

"'":;)

16 .~..

A VOICE: Move its adoption .

Q

Z
17 :il

(Motion seconded.)

18

GOVERNOR BUSBEE: The motion is made and seconded.

19 Is there discussion?

20

If not, it's unanimously adopted.

21

Next paragraph.

22

MR. HILL: All right. I'd like to point out that

23 Paragraph VII of the present article has been moved to

24 Article III. Paragraph VII of the present constitution

25 refers to General Laws, uniform operation, how varied, and

PAGE 67

has been moved to Article III. It has been taken care of over

2 there; you will be considering that one in the future.

3

Paragraph VII of the proposed draft relates to

4 separation of church and state. This paragraph was given a

5 new title and was amended to prohibit any public property from
..
6 ever being appropriated for religious purposes.

7

GOVERNOR BUSBEE: Senator Holloway has a question.

8

SENATOR HOLLOWAY: The question was asked me, would

9 this preclude Billy Graham from using a public stadium?

10

MR. HILL: You mean the second clause?

"z
11 j:
'2."..

SENATOR HOLLOWAY: The last sentence.

12 ~
@rl

MR. HILL: Oh, the last clause. SENATOR HOLLOWAY: Or any other similar --

! 14 ti

GOVERNOR BUSBEE: Can you answer that, Mel? Robin

:I:

" 15 ol) Harris?
'";) 16 .~..
Q

MR. HARRIS: Senator, it would not in my judgment,

Z

17 : it would simply prohibit the government from giving property

18 to religious organizations.

19

SENATOR HOLLOWAY: Why don't we say that?

20

GOVERNOR BUSBEE: They could rent the stadium, you

21 couldn't give it to them.

22

SENATOR HOLLOWAY: What's the definition of

23

appropr~ate? Use?

24

GOVERNOR BUSBEE: I don't think so. I don't think

25 it would preclude it at all, unless you appropriate the

PAGE 68

stadium. You can rent the stadium to anybody you want.

2

SENATOR HOLLOWAY: It depends on the definition of

3 appropriation.

4

GOVERNOR BUSBEE: To appropriate something I don't

5 think it's to rent, but I can't answer your question.

6

Senator Gillis.

7

SENATOR GILLIS: How would this affect grants to

8 private colleges such as BrutonParker College or even to your

9 medical schools?

10

(Pause. )

GOVERNOR BUSBEE: All right. Did you have another

question on it, Senator Gillis?

SENATOR GILLIS: You didn't answer my first one.

How would it affect private religious schools such as Bruton

Parker when you're talking about a grant to a student, or

either grants to Mercer Medical College, or Emory, any of

these colleges.

18

GOVERNOR BUSBEE: Senator, I can't give you any

19 ruling on this. I can't tell you.

20

A VOICE: It's in the constitution now.

21

GOVERNOR BUSBEE: You have it written into the

22 constitution the way it is now written in this version.

23 You have the strike-throughs of the existing constitution.

24 They're just changing on "treasur~' a capital T to a small T,

~ and they're adding "cult or religious demonination."

PAGE 69

A VOICE: In the new version

2

GOVERNOR BUSBEE: I don't think there's any change

3 until you get down to where it says "nor shall any public

4 property ever be appropriated for any such purpose," and

5 that's what the senator is talking about.

6

I can't tell you the effect of the additional

7 language you're talking about, and there is a change "nor

8 shall any public property ever be appropriated for any such

9 purpose," and that's what the senator was asking about, and

10 I can't tell you what that means.

Representative Greer.

REPRESENTATIVE GREER: May I ask this question, sir?

Some years ago back down there where it says about

any sectarian institution we gave, and I was in favor if it,

some money that helped Mercer with a medical school. Now,

Mercer is tied to the Baptist Church, and I wondered whether

this would affect something like that.

18

SENATOR HOLLOWAY: That's what we're talking about.

19

REPRESENTATIVE GREER: That may be what you're trying

20 to block, but I was just asking the question.

21

GOVERNOR BUSBEE: In the present constitution it says

22 no money shall ever be taken from the public treasury, directly

23 or indirectly, in aid of any church, sect or denomination of 24 religionists. I don't think that's a denomination of

25 religionists.

PAGE 70

I don't think that's in debate. What's in debate is

2 the last phrase there, "nor shall any public property ever be

3 appropriated for any such purpose."

4

SENATOR GILLIS: Mr. Chairman, I move it be placed

5 in a subcommittee, in a conference committee.

6

(Motion seconded.)

7

GOVERNOR BUSBEE: The motion has been made and

8 seconded that Paragraph VII be placed in a conference

9 committee.

10

Is there objection? If not, it's so directed.

1:1

11

Z j:

...0o:
Go

All right. Paragraph VIII.

@;~ MR. HILL: Well, there's no Paragraph VIII in Section I. That's the last section that was there, but I

14 .~.. should point out that Paragraph XI on lotteries, Paragraph
':z": 15 q XII on lobbying, and Paragraph XIII on fraud and concealment
1:1 0:
;;)
16 ~... of property that are in the present Article I, Section II, oz
17 : were omitted from the final draft.

18

The Article I committee felt that there was no need

19 to specify particular criminal activities in the constitution,

20 and that all these matters could be dealt with more

21 appropriately by statute,i and in fact are dealt with by

22 statute.

23

Now we're in Section III.

24

SENATOR HOLLOWAY: Question, Mr. Chairman.

25

GOVERNOR BUSBEE: Senator Holloway.

PAGE 71

SENATOR HOLLOWAY: I'm not quite sure what he

2 eliminated there, but as I understood it we can by statute

3 have horse racing with the elimination recommended by the

4 committee?

5

MR. HARRIS: You can have horse racing now; you

6 could have horse racing with pari mutuel betting if this were

7 removed by statute.

8

GOVERNOR BUSBEE: This would remove the constitutiona

9 prohibition, it would be left to the General Assembly. This

10 would make lottery no longer a constitutional crime.

11 E"z

SENATOR HOLLOWAY:

...o
0..

@;I without betting?

Who ever heard of horse racing (Laughter. )

! 14

GOVERNOR BUSBEE: We have them all the time down

l-

U:-zc:I

15 ~ in Hawkinsville; they're trotters.

'"~"

16 ~...

All right. Is there a motion to --

aoz
17

A VOICE: Move we adopt.

18

(Motion seconded.)

19

GOVERNOR BUSBEE: The motion is made and seconded.

20 Is there any discussion?

21

SPEAKER MURPHY: Wait now. We've got a procedural

22 question.

23

MR. HILL: I think we're just moving ahead to

24 Section III.

25

SPEAKER MURPHY: We've got a procedural question.

PAGE 7]]1..

You need to vote whether or not you're going to eliminate

2 Paragraph X as submitted.

3

A VOICE: X, XI and XII. There's three of them.

4

SPEAKER MURPHY: We just put Paragraph VII and VIII

S in a conference committee.

6

A VOICE: I can't hear.

7

SPEAKER MURPHY: We just put Paragraph VII in a

8 conference committee, and the next paragraph has been

9 eliminated by the constitutional revision committee. The

10 question is whether or not we're going to agree to eliminate

that.

GOVERNOR BUSBEE: The motion is, Mr. Speaker, as I

understand it is that that paragraph on lotteries be deleted

from the constitution. That was the motion.

SPEAKER MURPHY: Who made that motion?

SENATOR HOLLOWAY: Nobody made the motion. It was

deleted by the committee is all that was there.

18

GOVERNOR BUSBEE: Let me see if this procedure will

19 be all right. We're working off what the articles committee

20 has recommended. We have this provision in the constitution;

21 I think the proper motion whether or not to put it in. All

22 right.

23

A VOICE: So moved.

24

GOVERNOR BUSBEE: The motion by Representative

2S Burruss is that the present lottery section ,be retained in

PAGE 72

the constitution.

2

(Motion seconded.)

3

GOVERNOR BUSBEE: There is a second to that.

4

All right. Now is there discussion?

5

JUDGE THOMPSON: The committee when we were going

6 through this particular article on lotteries and these

7 specific crimes, we were not commenting that they should not

8 be against the law; the only thing that we were saying is that

9 these are the only crimes created in this article, and it's

10 not a proper place for the creation of criminal law, that

that should be done by statute rather than by the constitution,

and if the General Assembly in its wisdom felt that there

should be no lottery, that's all right, but do it by statute

rather than having it in the constitution.

GOVERNOR BUSBEE: Let me restate. The motion was

that the present provision on lotteries be placed back into

the constitution that you're recommending.

18

The chairman of the articles committee said that it

19 was intent not to legalize it, but to leave it to the General

20 Assembly, so the motion is whether we're going to put the

21 present lottery paragraph into the constitution.

22

All right. Further discussion?

23

Representative Burruss, state your point.

24

REPRESENTATIVE BURRUSS: If we do not put this

25 provision back in, we could -- the legislature could simply

PAGE 73

legalize pari mutuel betting without a two-thirds vote in both

2 the houses. If we put this in, it would take a two-thirds

3 vote to amend the constitution to legalize pari mutuel betting.

4

GOVERNOR BUSBEE: That's correct.

5

All right. Further discussion? Are we ready for a

6 vote?

7

SPEAKER MURPHY: Can I make a comment?

8

GOVERNOR BUSBEE: Mr. Speaker.

9

SPEAKER MURPHY: There's one thing that I think all

10 of us ought to keep paramount in our mind. First of all, we

need to adopt a constitution in this committee that can then

be adopted in the House and Senate, and more than that we need

to ado~t a constitution that will be adopted by the people of

Georgia, and I can guarantee you, almost guarantee a hundred

percent that if this provision is left out of the constitution

then we're wasting our time going any further because the

folks in every church in Georgia would be against it. If you

18 don't believe me, you ask some of the preachers around. You

19 ain't gonna have no new constitution if you leave this section

20 out of the constitution.

21

I understand what the judge and his people have done,

22 I understand that, but I can near about guarantee you the

23 people ain't gonna adopt it, and I for one ain't gonna vote

24 for nothing that allows us just by simple statute to legalize

25 lotteries in Georgia and pari muteul betting, because I've

PAGE 74

done had my folks tell me how they feel about it.

2

GOVERNOR BUSBEE: Senator Holloway.

3

SENATOR HOLLOWAY: Let me state my position, Mr.

4 Chairman.

5

I would support the constitutional change standing

6 on its own, but wrapped up in all this other I would want the

7 people of Georgia to have a clear yes or no on that issue

8 because it is so paramount, and I agree completely with the

9 speaker that it would seriously prejudice the entire document.

10

A VOICE: Amen, brother.

A VOICE: The language ain't no good, though.

GOVERNOR BUSBEE: Let me if I might ask a parlia-

mentary question of the staff.

I think the way we're adopting the constitution,

we're taking into consideration the adoption of other

constitutional amendments at the next session of the General

Assembly, so if we were to put this in there is nothing that

18 would prohibit the General Assembly if they can pass by two-

19 thirds vote in the House and the Senate that such a

20 constitutional amendment be voted on as Senator Holloway

21 suggests. Is that correct?

22

MR. HARRIS: That's correct.

23

GOVERNOR BUSBEE: With that I think it answers the

24 senator's question. If you put it in as the speaker suggests

25 it be put in, then that means that you could come back in the

PAGE 75

legislature in a separate constitutional amendment, submit it

2 to the people, it would not jeopardize the adoption of this

3 total constitution.

4

I tried to remain impartial when I handled that, but

5 if you put it in you can still vote on it separately if you

6 muster a two-thirds vote, and you're going to have to muster

7 a two-thirds vote for the whole constitution, but if you treat

8 it separately you don't jeopardize the passage of the entire

9 constitution.

10

All right. The motion is that the lottery section

11 5z" in the present constitution be placed back into this
o......
9-112 ~ constitution. Terry.

14 ~I
.:.z.::
15 ~
"
:;)
16 ~
zQ
17 ::

REPRESENTATIVE COLEMAN: Representative Lee made a point. Wouldn't it be better if we dressed up that language a little bit? The reference to bingo in there just doesn't appeal to me as a constitutional matter.

18

MR. HARRIS: Because of this provision in the

19 constitution against lotteries you had to amend the

20 constitution to permit bingo games, so if you don't leave the

21 bingo thing in there then you're out of the bingo business

22 again and you're right back to square one.

23

GOVERNOR BUSBEE: All right. Do you understand the

24 motion to put it back in exactly as in the present constituion

2S Is there further discussion?

PAGE 76

All in favor rise and stand until you're counted.

2

(A show of hands.)

3

GOVERNOR BUSBEE: All right. Reverse yourselves.

4

(A show of hands.)

5

GOVERNOR BUSBEE: All right. By a vote of 19 to zero

6 in the House and nine to two in the Senate the present

7 provision on lottery is placed back in the constitution.

8

Next paragraph.

9

SENATOR HOLLOWAY: Mr. Chairman.

10

GOVERNOR BUSBEE: All right, Senator Holloway.

SENATOR HOLLOWAY: I would like to be sure that we

don't come near passing something over that has been left out.

If you will pick up those things that have been left out a

little stronger I would appreciate it.

MR. HILL: Nothing has been left out up to this point

SENATOR HOLLOWAY: We went through that one pretty

fast while ago and we were proceeding on with that being left

18 out is what I'm saying.

19

MR. HILL: All right.

20

GOVERNOR BUSBEE: Senator Bell.

21

SENATOR BELL: I had an amendment to be offered, and

22 I don't know exactly where it comes in, and they've got it up

23 there, and I think we passed over it a section ago, didn't

24 you, Robin? We passed over this public initiative placed in

25 the constitution. I thought we were going to take it up when

PAGE 77

we came to that point.

2

GOVERNOR BUSBEE: If it's new, I'll take it up at the

3 end of the section.

4

SENATOR BELL: Fine with me. I just don't want to

5 let it get lost.

6

GOVERNOR BUSBEE: I'll take it at the end of the

7 section. If it's new and it goes into the section, I'll take

8 it at the end of the section.

9

Is there objection? The chair hears none, so let's

10 proceed. The next paragraph is on lobbying.

CzI 11 j:
..'o.."..

MR. HILL: Lobbying has been left out of the proposed

9;1 draft as a matter that should be handled by statute as well as fraud and concealment of property. Those are the other two

14

~
I-

provisions

that

have

been

dropped

from

the

proposed

revision.

'<"C(

:z:

15 .:l

A VOICE: Move they be dropped.

CI

'"::;)

16 ~...

GOVERNOR BUSBEE: The motion is that you go along

Q

Z

<C(

17 : with the article committee's recommendation and leave that to

18 statute as to how you recognize lobbyists.

19

All right. Is there a second?

20

(Motion seconded.)

21

GOVERNOR BUSBEE: The motion is made and seconded.

22 Is there discussion?

23

Is there objection? If not, it's unanimously

24 adopted.

25

Next paragraph.

PAGE 78

MR. HILL: Mr. Chairman, on the fraud and conceal-

2 ment of property, that's the last paragraph.

3

GOVERNOR BUSBEE: All right. We're now considering

4 the last paragraph of Section II.

5

A VOICE: Move its deletion.

6

GOVERNOR BUSBEE: We're working off the article

7 committee's report, but just in an abudance of caution my

8 legal counsel said you don't need to vote to concur unless

9 there's a motion to put it in.

10

Is there objection to agreeing with the article

CzJ

11

i=
.'oG".o.

committee

on

the

deletion

of

Paragraph VIII?

If not, it's

@);j deleted. MR. HILL: I would like to go back, though, because

! 14 t; there was one thing omitted, and I tried to indicate it was
<C %
15 olI deleted, and it's an important provision in the present CJ '"::J
16 ~... Georgia constitution, and it depends what happens in Article I, zQ
= 17 Section I, Paragraph I as to whether it will be necessary to

18 retain it, and that's Paragraph III of Section II that is now

19 the equal protection language of the Georgia constitution.

20

It says that protection to person and property is

21 the paramount duty of government, and shall be impartial and

22 complete, and I don't believe that should be passed over

23 without

24

GOVERNOR BUSBEE: I'm coming back to that after we

25 resolve what we're going to do with Paragraph I.

PAGE 79

MR. HILL: All right. Section III, General

2 Provisions.

3

This section was subject to substantial revision.

4 As you can see, we have about --

5

GOVERNOR BUSBEE: Which paragraph are you on now?

6 I'm sorry.

7

MR. HILL: That would be Paragraph I on eminent

8 domain.

9

GOVERNOR BUSBEE: Are we talking about Paragraph VIII

10 on page 8?

MR. HARRIS: Section III, old Paragraph I.

GOVERNOR BUSBEE: We haven't gotten to Section III

yet. I think we had an amendment that Senator Bell had to

Section II which would be an additional paragraph to that

section. Is that correct?

SENATOR BELL: I would rather have Mel tell us where

it fits and everything. It's on the sheet of paper.

18

GOVERNOR BUSBEE: All right. You have a public

19 initiative. Where would it fit best in the constitution?

20 He has an amendment to that.

21

MR. HARRIS: Senator Bell proposes to amend Article

22 I in Section II, and the numbering as we go through hopefully

23 you would permit that to be done editorially as against trying

24 to spot things around.

25

It is a new paragraph which would provide pUblic

PAGE 80

initiative, the General Assembly may provide by law for public

2 initiative. It would go in Section II, but as to the number

3 we would like the opportunity to place it if it's voted in

4 at an appropriate number.

5

GOVERNOR BUSBEE: All right. It would be --

6

MR. HARRIS: Article I, Section II.

7

GOVERNOR BUSBEE: All right. The motion is by

8 Senator Bell that his public initiative language be plaoed

9 in Section II of Article I, and that editorially it would be

10 paragraphed in the appropriate place by staff. Is that

cz:I

11

i=
Ill:

correct?

2

j);11M

SENATOR BELL: Yes. GOVERNOR BUSBEE: Is there a second?

! 14 ...

(Motion seconded.)

'<"I(
z:

15 011

GOVERNOR BUSBEE: The motion is made and seconded

c:I

Ill:

:::l

16 .~.. that the public initiative provision be adopted in Section II

Cl

Z

<I(

17 :

A VOICE: I move we put that in a conference committee

18 at this time.

19

GOVERNOR BUSBEE: Is there further objection?

20

SPEAKER MURPHY: Yes, sir, I want to discuss it.

21

GOVERNOR BUSBEE: Mr. Speaker.

22

SPEAKER MURPHY: I feel like that I face pUblic

23 initiative every two years myself in my instance when I meet

24 the people every two years as I have every two years for the

25 last 22 years.

PAGE 81

I feel like that we've had enough evidence of what

2 happened in Boston when public initiative comes as to what the 3 situation is when they do things like that, that they fire 4 policemen, they fire fire protection, they fire everything

S else.

6

I feel like you had an example in California when

7 they had their Proposition 13 to reduce taxes; all they did

8 was put it on somebody else and put folks out of work.

9

I think this is wrong, and I think that that's what

10 the people elect us to do, and I think we ought to continue to

do our job without trying to get out of our obligations and

our responsibilities.

GOVERNOR BUSBEE: All right. Anybody else? Senator

Bell?

SENATOR BELL: There are a lot of discussions whether

we ought to have.public initiative or not. There have been

constitutional amendments offered that clearly spell out what

18 the number of petitions would have to be, whether it would have

19 to come from congressional districts or be spread across the

20 state.

21

What I have offered here is a simple statement that

22 goes in the constitution of the State of Georgia where the

23 people will have the right of public initiative. It will be

24 up to the General Assembly to define in law all of the

2S necessary information that would go in it. It's a simple

PAGE 82

statement, it's a fundamental question as far as I'm concerned

2 and as far as you're concerned to make that decision.

3

We're saying that the General Assembly may provide

4 by law, and I think if you want to pass a constitution you put

5 this out there and the people will adopt it.

6

That's the only question that we have to decide.

7 If you want it, then vote for it; if you don't believe that we

8 ought to have public initiative, then vote against it. That's

9 the only simple question that's offered.

10

GOVERNOR BUSBEE: Senator Gillis.

SENATOR GILLIS: Mr. Chairman, isn't this the same

thing that's been defeated in the senate time after time, neve

has passed? I believe it passed the senate one time, but

never has passed the house.

GOVERNOR BUSBEE: I just see the things that you

pass, Senator. I've never seen it come to my office.

Senator Holloway.

18

SENATOR HOLLOWAY: When I saw this amendment I asked

19 the question did we need a constitutional amendment to effect

20 it, and my answer was yeah, that the lawyers had decided it

21 would be possibly an illegal delegation of authority if it

22 wasn't in the constitution.

23

As far as I'm concerned it's an illegal delegation

24 of authority if we put it in the constitution.

25

GOVERNOR BUSBEE: Any other comments?

PAGE 83

Representative Greer?

2

REPRESENTATIVE GREER: Isn't it true that we have

3 public initiative in that any citizen that has a bill that he

4 wants acted on -- and we get 2,000 nearly every session --

5 any: ,billl that anybody has ever thought of, they can introduce

6 it if they want to, and that's public initiative in my opinion

7

GOVERNOR BUSBEE: All right. Any other observations:

8

The motion is made. The previous question. Is there

9 objection? The chair hears none, the previous question is

10 ordered.

111 Z
11 i=
o~ ......

All in favor of adopting the public initiative

9;1 proposal by Senator Bell rise and stand until you're counted. (A show of hands.)

! 14 I'<x"l(
15
111
~ ;:)
16 .~..
az

GOVERNOR BUSBEE: All right. Reverse your position. (A show of hands.) GOVERNOR BUSBEE: All right. On the motion to adopt

17 : the public initiative provision, in the house the ayes are

18 zero, the nays are 26; in the senate the ayes are four and

19 the nays are nine. It is defeated.

20

That brings us now to the conclusion of Section II,

21 and we're going to stand in recess until 1:30. Now we need to

22 be back at 1:30, we're going to have some controversial things

23 to bring up.

24

(Whereupon, at 12:15 a luncheon recess was had until

25 1 : 3 0 p. m. )

PAGE 84

AFTERNOON SESSION

2

GOVERNOR BUSBEE: All right, the meeting will come

3 to order.

4

Are you all ready, Mel?

5

Okay. We are going to section III, General

6 Provisions. Mel.

7

MR. HILL: All right. Section III was subject to

8 substantial revision. All the provisions relating to eminent

9 domain are consolidated in Paragraph I, and the number of

10 significant changes from the present law proposed.

First of all, in the proposed revision the General

Assembly is required to provide by law for the payment of

reasonable expenses incurred by the condemnee in determining

just and adequate compensation.

The committee felt that as a matter of pUblic policy

the state should be required to pay such expenses in all cases.

The state is not obligated to make such payments under present

18 law.

19

We're talking about attorneys' fees primarily here,

20 and this was subject to a good bit of change when it went to

21 the Select Committee and when it went to the House and the

22 Senate in 1980.

23

The Select Committee decided that it should read

24 that the General Assembly may provide by law for reasonable

25 expenses, and the House of Representatives deleted a reference

PAGE 85

to such expenses all together.

2

I'm not sure how you want to take this up, Governor,

3 because there are quite a few provisions and it was subject to

4 substantial revision in consultation with the counsel from the

5 Department of Transportation, and I would recommend that the

6 version that the committee worked from because it was such a

7 considerable revision and whatnot be the Select committee

8 version which is in that cross-reference table that is in your 9 package. It's on page 7 of that synopsis of changes, and I 10 would suggest that that version be the one that we use rather

than --

GOVERNOR BUSBEE: Mel, let me interrupt you a minute

so we can determine what you're talking from now.

MR. HILL: This is the synopsis of changes in the

original article committee's recommendations that you looked at before; this would be on page 7, the Select Committee

GOVERNOR BUSBEE: I have it. It's on page 7.

18

MR. HILL: Paragraph I, eminent domain.

19

Do you want to proceed through this on a sub-

20 paragraph by subparagraph basis since there is so much

21

involved in ~his?

22

GOVERNOR BUSBEE: I think what we might do if there'~

23 no objection is just take the Select Committee's version

24 he's reading from and consider it as a whole. If you have

25 any amendments, we'll deal with it.

PAGE 86

MR. HILL: It is the second page from the last in

2 your package what we're looking at in case you haven't found

3 it yet.

4

GOVERNOR BUSBEE: Page 7.

5

MR. HILL: What this version does different from

6 what the original article committee version does is state in

7 subparagraph (d) that the General Assembly may provide by law

8 for the payment by the condemnor of reasonable expenses,

9 including attorneys' fees incurred by the condemnee in

10 determining just and adequate compensation.

The original article committee mandated these

payments, the General Assembly shall provide, and the Select

Committee left it that they may.

Then the House itself deleted the subparagraph

altogether.

GOVERNOR BUSBEE: All right. Senator Lester.

SENATOR LESTER: Mel, is that the only difference?

18

MR. HILL: No, that's not the only difference.

19 That is the first important difference.

20

GOVERNOR BUSBEE: All right. Go ahead.

21

MR. HILL: All right. Now, secondly in subparagraph

22 (b) you will see that it states that when private property is

23 taken or damaged by the state or the counties or municipalities

24 of the state for public road or street purposes or for public

25 transportation purposes, or for any other public purposes as

PAGE 87

determined by the General Assembly, just and adequate

2 compensation need not be paid until the same has been finally

3 fixed and determined as provided by law, that such just and

4 adequate compensation shall then be paid in preference to all

5 other obligations except bonded indebtedness.

6

This changes the present language to add counties

7 and municipalities to this listing, and it also includes

8 proposed transportation purposes as well as road or street

9 purposes, and it -- what it does is it gives the General

10 Assembly the opportunity to have this amount determined before

"z

e ; ;11

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oIll:

final

payment is made,

and then you'll

see

in

subparagraph

(c)

Q.

1M

it says the General Assembly may require the condemnor to make

prepayment against adequate compensation as a condition

..14 ~ precedent to the exercise of the right of eminent domain,

'-x"<:l

15 .: and what this would require is that the state at least make

"Ill:
J

16

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some

preliminary

payment

to

a

person whose

property

is

being

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17 : condemned, but final payment would not have to be made until

18 it was finally fixed and determined as provided by law.

19

GOVERNOR BUSBEE: All right. Go ahead.

20

MR. HILL: All right. Another substantial change

21 is in subparagraph (e) which states that notwithstanding any 22 other provision of the consitution the General Assembly can 23 provide by law for relocation assistance and payments to

24 persons displaced due to the exercise of the power of eminent

25 domain or because of public projects or programs, and the

PAGE 88

power of taxation may be exercised and public funds expended

2 in furtherance thereof.

3

In the present section of that article you'll see a

4 long list of provisions relating to the Federal Uniform

5 Relocation Assistance Act of 1970, specific reference to that,

6 and it all really relates to the giving of the state the

7 authority to provide for relocation assistance to persons

8 displaced under that particular program.

9

The committee felt that this authorization should be

10 broadened and that the General Assembly if it chose to do so

11

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i=
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should be

able

to

provide

for

relocation

assistance

to

persons

~;i

under any circumstance not necessarily related to that one federal program.

! 14 t;

SENATOR HOLLOWAY: As I recall, weren't we mandated

:z:

15 olI to make such a provision by the federal --

"'";:)

16 ~...

GOVERNOR BUSBEE: This would be under the federal

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17 ~ highway programs, you do have it, but this extends to all

18 right-of-ways.

19

Go ahead.

20

MR. HILL: That concludes the summary of the

21 significant changes in this provision. As I say, it was the

22 result of consultation with the attorneys for the Department

23 of Transportation that work in this area all the time; it is

24 a very technical area of the law, and they felt comfortable

25 with this, and the Select Committee and the House felt

PAGE 89

comfortable with it in 1980.

2

Albert, did you have anything else?

3

JUDGE THOMPSON: I don't have anything else. I don't

4 have any problems with it.

5

GOVERNOR BUSBEE: What you're speaking of, Senator

6 Barnes, is the Select Committee after this refinement when the

7 lawyers got together and redid it, and Judge Thompson says

8 that they feel comfortable with this after they've made these 9 changes, so the motion would be to adopt the Select Committee's

10 recommendation.

SENATOR BARNES: Which is page 7?

GOVERNOR BUSBEE: It's page 7.

REPRESENTATIVE BURRUSS: So moved.

GOVERNOR BUSBEE: The motion has been made by

Representative Burruss that we adopt it. Is there a second?

(Motion seconded.)

GOVERNOR BUSBEE: All right. The motion is seconded.

18

SPEAKER MURPHY: Adopt what?

19

GOVERNOR BUSBEE: This entire paragraph.

20

There has been a second. Is there any further

21 discussion?

22

SENATOR BARNES: Yes. What we're saying on cost of

23 taking now, other than what the value of the land is the

24 General Assembly has in its discretion whether to come back

25 and allow that or not?

PAGE 90

GOVERNOR BUSBEE: Relocation expenses is what

2 you're talking about?

3

SENATOR BARNES: And also for the attorneys' fees,

4 right. I don't like that.

5

GOVERNOR BUSBEE: I knew you wouldn't.

6

SENATOR BARNES: I mean it's not right that to tell

7 a man that the Highway Department and all condemnors do the

8 same thing, they go out and say "I offer you -- The property

9 may be worth $10,000, but I'm only going to offer you $8,000,

10 and you have to give it to a lawyer and litigate with us, and

11 ~" you're not going to be ever able to get those expenses back,"
.o..

~--- ~12 ::.l and it's not right. GOVERNOR BUSBEE,

Senator, I would just say this,

14 .).0. not being a lawyer at the present time

':~"r
15 ~

SENATOR BARNES: You soon will be.

~

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16 .~..

GOVERNOR BUSBEE: I think the legislature should have

Qz
g 17 that authority to grant it, but you ought to be able to spell

18 out the method you're going to do it.

19

For instance, if the state offered someone $10,000,

20 after they get the place they offer $10,000 and they get a jury

21 with a verdict of $10,000, I don't know that it's necessary to

22 give $3,000 in attorney's fees.

23

If they offer 5,000 and they come back and they get

24 12,000, then the court would fix attorneys' fees or the

25 General Assembly might provide a method, but just in all cases

PAGE 91

they're going to do it under the constitution without having 2 any latitude for the General Assembly to address this, that's

3 what I'm worried about.

4

All right. Senator Lester.

5

SENATOR BARNES: The only thing I'm saying, in the

6 original proposal before we changed -- I had a bill, for

7 example, that would say that the jury had to return a verdict

8 of more than 25 percent of what was offered, and the Highway

9 Department was just as much against that as they are against

10 what you've said, but in the original proposal which is found

on page 6 in the front that wouldn't prohibit -- all it says

is the General Assembly shall provide by law for the payment

by the condemnor of reasonable expenses to the condemnee in

determining just and adequate compensation.

Could you not put a provision in the act that the

jury would have to return more than 25 percent or a third

even though you mandate it?

18

GOVERNOR BUSBEE: But the General Assembly would, still

19 have to act, and they have to act under this.c

20

SENATOR BARNES: They would have to act under both

21 of them. It's mandated in one place, and it's discretionary

22 in another.

23

I don't mind the General Assembly acting, if they'll

24 just act.

25

A VOICE: That's sort of the name of the game, is it

PAGE 92

not, that the General Assembly will act on law?

2

GOVERNOR BUSBEE: Is there any further discussion?

3 Senator Lester.

4

SENATOR LESTER: Governor, how does Georgia Power

5 fit in this?

6

GOVERNOR BUSBEE: I think all of it would be

7 attorneys' fees under eminent domian would be provided for.

8

SENATOR LESTER: Are they given eminent domain in

9 some other section, or --

10

A VOICE: Statute.

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11 ;: ~

SENATOR LESTER:

e;i2... taken by the state or --? GOVERNOR BUSBEE:

This refers to private property This has nothing to do with

! 14 ti Georgia Power.

~:z:

15 ~

SENATOR LESTER: They do right now have the right of

"~
~

16 .~.. eminent domain, and maybe we ought to --

Mel, where does

Q

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17 : that fit in?

18

MR. HILL: As the governor said, the provision here

19 relates to property taken by the state or a county or

20 municipality of the state for public road or street purposes,

21 and it doesn't relate to the Georgia Power Company's power of

22 eminent domain. That's in a separate statdtory provision.

n It doesn't address it.

24

GOVERNOR BUSBEE: It has nothing to do with it.

25

SENATOR LESTER: I was just curious.

PAGE 93

It's addressed in this draft sqrnewhere. Is it

2 addressed in another article?
3
MR. HILL: The power of eminent domain is not

4 addressed in terms of the power of Georgia Power. That's

5 something that can be given to Georgia Power by law, but it's

6

not specifically addressed in the constitution.

7 A VOICE: The consitution does give the legislature

8 the power to grant this?

9

MR. HILL: Yes.

10

GOVERNOR BUSBEE: All right. Is there any further

11

5z~
o

discussion?

~

@r l12 =

The reporter is trying to copy this down.

it to the chair.

Address

14 ~

~

REPRESENTATIVE LEE: You have a motion.

~

%

15 ~

~ ~

GOVERNOR BUSBEE: The motion has been seconded. Is

~

g 16

~
w
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there

further

discussion?

17

Is there objection to ordering the previous question?

18
The chair hears none, the previous question is ordere A

19
All in favor of the adoption of Paragraph I as

proposed by the Select Committee on page 7 of the synopsis

21 rise and stand until you're counted.

22

(A show of hands.)

23

GOVERNOR BUSBEE: Reverse yourselves.

24

(A show of hands.)

25
GOVERNOR BUSBEE: All right. The ayes are 18 in the

PAGE 94

House, and the nays in the House are zero. In the Senate the

2 ayes are 12, the nays are two. It's adopted.

3

All right. Go to the next paragraph.

4

MR. HILL: All right. Paragraph II relates to

5 private ways. This is just a restatement of the present

6 provision on private ways.

7

It was subject to a minor modification by the

8 Select Committee in 1980 to state that in case of necessity

9 private ways may be granted upon just and adequate compensation

10 being first paid by the applicant.

III

Z

11 i= DC

The words "and adequate" were added by the Select

@J;i.f.. Committee in this Paragraph II. SENATOR HOLLOWAY: What does that do?

g 14! t; -ze:

GOVERNOR BUSBEE: The question by the senator was

15 ~ what? I didn't hear it.

III

DC

~

16 ~...

SENATOR HOLLOWAY: I don't know the difference

zQ

17 ~ between just and adequate. Aren't they synonymous?

18

GOVERNOR BUSBEE: They're always used together ever

19 since I've known any law, so I can't give you a distinction.

20 They're always used together, just and adequate compensation.

21 It's in every charge.

22

SENATOR HOLLOWAy: We are voting on just the "just".

23 The word "adequate" is not before us. It would have to be

24 amended to put that in?

25

MR. HILL: As we just did with the proposal on

PAGE 95

eminent domain, we could go to the Select Committee version

2 which is on page 8 and just vote on that version.

3

SENATOR HOLLOWAY: I don't see it in the Select

4 Committee's version, adequate.

5

MR. HILL: That's the committee's report. Go to the

6 next page, page 8 at the top.

7

GOVERNOR BUSBEE: On page 8 it says "In case of

8 necessity, private ways may be granted upon just compensation

9 being first paid by the applicant."

10

It's on page 8. What you're considering is on the

11

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j:
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top of

page

8,

Paragraph

II,

private ways.

Does everybody

tOri12 : have it?
~ ~14 ~ :z: " 15 .:I adopted. '";;) 16 ~... Q
-Zc 17 ::

SENATOR HOLLOWAY: I move we adopt it. GOVERNOR BUSBEE: The motion has been made it be Is there a second? (Motion seconded.) GOVERNOR BUSBEE: Okay. Is there any further

18 discussion?

19

Is there objection to the adoption? If not, it's

20 unanimously adopted.

21

SPEAKER MURPHY: That would be the Select Committee's

22 version?

23

GOVERNOR BUSBEE: Right.

24

MR. HILL: The final paragraph in this section is on

25 tidewater titles confirmed, and this has been carried forward

PAGE 96

unchanged due to concern over the possible ramifications of

2 amending it.

3

There was quite a bit of discussion about whether

4 we could eliminate this, but it was determined that it should

5 be left alone, so there's no change in Paragraph III.

6

REPRESENTATIVE LEE: What does that really do?

7

GOVERNOR BUSBEE: That's at the bottom of page 10,

8 no change.

9

REPRESENTATIVE LEE: I know, but what does it do?

10

A VOICE: It limits it to tidewater.

REPRESENTATIVE LEE: It makes it go up and down?

A VOICE: It approves the act of 1902 affecting

tidal lands and the tidewaters.

GOVERNOR BUSBEE: There's no change.

REPRESENTATIVE LEE: The marshland?

GOVERNOR BUSBEE: It doesn't make any change.

The motion has been made it be adopted. Second?

18

(Motion seconded.)

19

GOVERNOR BUSBEE: Is there any further discussion on

20 tidewater in this paragraph?

21

If not, is there objection to the adoption? If not,

22 it's adopted.

23

Next.

24

MR. HILL: All right. Section IV, provisions on

25 recall were not subject to any change by the article committee,

PAGE 97

but there was a recommendation that these provisions on

2 recall be shifted to Article II, and you will see that they're

3 also in Article II, and there has to be a determination of

4 where you would like to have them.

5

The staff and the committee that worked on them felt

6 that they lended themselves more to voting and elections, and

7 so they were shifted to Article II and could be eliminated

8 from this article.

9

GOVERNOR BUSBEE: Now, the recommendation by staff

10 on recall is that this be placed in where?

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11 j:
oa....t..

MR. HILL: In the elections article, and it's already

12 ~ over there.

@~r~

GOVERNOR BUSBEE: Is there objection to not

14 ~I considering it at this time and deferring it until we consider

'~"

:I:

15 01) that section?

"at
~

16 ~...

All right. Terry

oz

~

17 :

REPRESENTATIVE COLEMAN: Governor, I would like for

18 us to leave it here, and at the proper time I'd like to --

19

GOVERNOR BUSBEE: This would be the proper time.

20

REPRESENTATIVE COLEMAN: I would like to move that we

21 place a period at the end of "officials" in the title and

22 delete "holding elective office," and further down on line 8

23 delete the words "who hold elective office."

24

SENATOR BARNES: I second it.

25

REPRESENTATIVE COLEMAN: Some of these officials we

PAGE 98

might not need later on, and we don't need to lock ourselves

2 into it.

3

GOVERNOR BUSBEE: I know what you're talking about,

4 but what they're saying is I'm elected, friend, over-

5 whelmingly.

6

(Laughter.)

7

GOVERNOR BUSBEE: The proposal is if you'll turn to

8 page 11, is that you pass the recall statute, and I explained

9 what some of the difficulties it might bring when it was

10 passed, but the theory was that if they elected somebody they

would have the right to unelect those people who have been

elected, so what the proposal is is that this be changed so

that every official would be subject to recall whether he was

elected or was not.

REPRESENTATIVE COLEMAN: Only if it passed by the

legislature, Governor.

GOVERNOR BUSBEE: That's what I'm saying.

18

Mr. Speaker.

19

SPEAKER MURPHY: Wouldn't those people be subject to

20 impeachment instead of recall since they were never elected by

21 a public body instead of recall?

22

SENATOR BARNES: Even though you're elected you can

23 be impeached. A judge can be impeached even though he's

M elected.

25

In other words, a member of the General Assembly can

PAGE 99

be impeached.

2

SENATOR BELL: What's the argument for it?

3

SENATOR BARNES: The argument for it is that it

4 allows commissioners and other folks to be recalled.

5

REPRESENTATIVE BURRUSS: Mr. Chairman, I would like

6 to make a substitute motion.

7

GOVERNOR BUSBEE: Represenative Burruss.

8

REPRESENTATIVE BURRUSS: I move that we delete

9 Section IV in its entirety and address this issue when we get

10 into the next article.

GOVERNOR BUSBEE: That would be article what, Mel?

MR. HILL: Two. We will be in Article II shortly.

GOVERNOR BUSBEE: Article II.

All right. Terry.

REPRESENTATIVE COLEMAN: Governor, if I might, that

would address elections. This under what I would like to do

would be a totally separate issue and should be identified

18 separately.

19

GOVERNOR BUSBEE: All right.

20

REPRESENTATIVE BURRUSS: I withdraw my motion.

21

GOVERNOR BUSBEE: The motion by Mr. Burruss, the

22 substitute motion was that we consider this under Article II.

23

A VOICE: He withdrew it.

24

GOVERNOR BUSBEE: You withdrew it, all right.

25

Now we're back to the main motion. The main motion

PAGE 100

was made and seconded that the proposed recall article be

2 extended to all officials of government whether they hold

3 elective offices or not by striking the words "Who whold

4 elective offices." Is that it, Terry?

5

REPRESENTATIVE COLEl'1AN: Yes.

6

SPEAKER MURPHY: Can I ask another question?

7

Suppose for the purpose of argument that you appoint

8 somebody to some office and they recall him. What's to keep

9 you from reappointing him right back as soon as they recall

10 him? It would be an exercise in futility if you're trying to

11

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j:
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get

at

the

appointed authority.

~;i

SENATOR BELL: Unless the statute says it. If the statute prohibited it, then you couldn't put him back in,

! 14 and that would be upon the General Assembly.

~:-zc:

15 olI

It appears to me that what you're talking about here

"'";:)

16 .~.. is giving broad general law area to the General Assembly, and

zQ

17 ~ they might decide that they don't -- the General Assembly

18 might want to recall an appointment of a governor just because

19 the guy wasn't popular, not because he had done anything wrong,

20 he just might not be popular.

21

You've got some decisions like --

22

GOVERNOR BUSBEE: Judge Thompson.

23

JUDGE THOMPSON: First I don't quite know what

24 official means. When you start talking about all officials,

25 does that go down as far as dog catchers, et cetera, and the

PAGE 101

second thing is this: If we put this in there would that

2 mean that this is the method that the city council would have

3 to use for getting rid of one of its officials? I mean would

4 it give the impression that this is replacing the ability to

5 fire that person as opposed to

6

GOVERNOR BUSBEE: It would go to city administrator,

7 anybody else in public office I think.

8

All right. Representative Greer.

9

REPRESENTATIVE GREER: Governor, isn't it true that

10 many of the appointments that you make, they do not

necessarily cover either the whole state or some specific

area. It would be every board in state government, it would

bearery local official you have, every county administrator,

everything would be thrown in this whether they're elective

or not, and you would be having a recall on every country

road every other day. I think that's where the troub1e would

be in trying to put this in.

18

SENATOR REYNOLDS: Would this not extend out to

19 clerks?

20

GOVERNOR BUSBEE: Yes.

21

SENATOR REYNOLDS: City hall?

22

GOVERNOR BUSBEE: Even Duluth, Georgia, would be

23 inc 1uded .

24

SENATOR REYNOLDS: That's bad.

25

GOVERNOR BUSBEE: Senator Holloway.

PAGE 102

SENATOR HOLLOWAY: I'd just like to say in my

2 judgment this would result in just a gross intrusion on the

3 balance of power between the legislative, and I certainly

4 would be opposed to the adoption.

5

GOVERNOR BUSBEE:' All right. Is there any further

6 discussion? Terry?

7

REPRESENTATIVE COLE~~N: Governor, there seems to be

8 a lot of interest in it, but I might say that none of these

9 things would happen unless there was a statute passed by the

10 legislature, and the same legislature creates these

CzII

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j:
I..oE....

departments

and boards

and

creates

by

law these.

As you know, the city councilmen and other elected

officials are already covered by recall. This simply does not

14 ~I lock us into the elected officials, it doesn't discriminate

~

15 .:t against elected officials in my version of it, and that's

CII

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16 ~... simply all I'm trying to do .

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Z 17 :

GOVERNOR BUSBEE: All right. Further discussion?

18

If not, all those in favor of the amendment will

19 rise and stand until you're counted.

20

(A show of hands.)

21

GOVERNOR BUSBEE: All right. All opposed.

22

(A show of hands.)

23

GOVERNOR BUSBEE: All right. The ayes in the House

24 are two, the nays are 16; in the Senate the ayes are three,

25 the nays are 10. It's lost.

PAGE 103

All right. Now I think a motion would be in order,

2 Terry, to put this into the next article.

3

Excuse me. Representative Burruss.

4

REPRESENTATIVE BURRUSS: I think the proper motion

5 would be to just delete this from this article and then we'll

6 cover it when we get to the other, so I move that we delete

7 Section IV shown on page 11 of the marked out copy.

8

GOVERNOR BUSBEE: All right. Then we can take it up

9 -- as I understand we'll take it up in the next article.

10

Is there objection? If not, it will be done.

All right. Mel.

MR. HILL: When we take it up the staff has a

recommendation about the last sentence.

GOVERNOR BUSBEE: All right.

MR. HILL: Governor, that completes the --

GOVERNOR BUSBEE: We have to go back now in order

to complete this article, we're going to have to go back to

18 Paragraphs I and II.

19

If you'll go back to Article I, Paragraphs I and II.

20

A VOICE: Do you want a motion?

21

GOVERNOR BUSBEE: We have already had some dis-

22 cussion on this, and there is no motion on the floor at this

23 time.
24

If I could I would like to speak, and I would like t<

25 relinquish the chair if I could.

PAGE 104

Will you recognize me?

2

LT. GOVERNOR MILLER: Governor.

3

GOVERNOR BUSBEE: If you'll take your handout that

4 you have there for the proposal that was made, there was a lot

5 of additional language that was placed in Paragraph I.

6

I'm goning to get Charlie to pass out a proposal

7 that several people have worked on at lunch.

8

(Pause.)

9

GOVERNOR BUSBEE: I would like to call your attention

10 to the language that is in your notebook and in your handout
11 u5z where you have the words in the middle of it about nor be o ~
12 ~ denied the enjoyment of civil rights, and point out in the
~--- ~ handout that you have that we historically have when we

14 ~ discuss constitutional rights at the national or at the state
~
~
%
15 ~ level, historically we've had suspect classes when it comes to
u
~ ~
16 ~ discrimination. These are because of race, because of sex,
oz
~
17 : because of national origin, because of religion or because of

18 ancestry.

19

I have talked to numerous lawyers here and several

20 that are not members of the committee, but no one can identify

21 any suspect class that is not included in these provisions.

22

I propose the language that was handed out to you,

23 and it still has some controversy left to it, but I think that

24 you should recognize in the basic document that you're not

25 going to have any discrimination against suspect classes,

PAGE 105

which include race, sex, national origin, religion or

2 ancestry.

3

Once you have done that, then it would not be

4 necessary to have the words "nor denied the enjoyment of

5 civil rights" or to have the words "in the exercise thereof"

6 included in the provision, so what you have before you as

7 Paragraph I that I handed out would be the identical Paragraph

8 I that you have in your notebook and in your handout with

9 the words "denied the enjoyment of civil rights" and "in the

10 exercise thereof" stricken.

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11 j:
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The one reason for that is that if you go and cover

@ ; j all of your suspect classes in the basic document, your constitution, they're already protected there, but if you

! 14 ... were to extend that beyond that and put the enjoyment of ':z": 15 olI civil rights, that would go over beyond that to include
16 .~":':."0. statutory provisions made by the Congress which would be oz
17 : incorporated by this reference into your constitution.

18

I have talked to the chairman of the articles

19 committee about this concern, and even with that and having

20 included all the suspect classes there's still some concern,

21 and I think you should be aware of it, as to whether or not

22 sex be included.

23

This is no little ERA that I'm proposing, this is

24 just every suspect class that's been historically identified

25 in all constitutional cases on discrimination, and all of them

PAGE 106

would be protected without any elaboration and without the 2 words "civil rights" being used, and so, Mr. Chairman, I

3 would just like to propose that.

4

We deferred it, and we were trying to come up with

5 some language we could all resolve to come up with, and I

6 would just like to propose that at this time.

7

A VOICE: Move it be adopted.

8

LT. GOVERNOR MILLER: You move it be adopted. Is

9 there a second?

10

(Motion seconded.)

CzI 11 j:
.'oG".o.

LT. GOVERNOR MILLER: All right. Now discussion.

@;j Mr. Speaker. SPEAKER MURPHY: The question I want to ask, if you

!.. 14 ... do exactly what you say doing, I think everybody will agree :~r
15 ~ that "person" includes sex. Why do you need the words CI '"::I
16 .~.. "because of race, sex, national origin, religion or ancestry,"
az
~
17 ::; why don't you just stop with "nor be discriminated against,"

18 and that certainly includes everybody.

19

GOVERNOR BUSBEE: To answer you, I think that any

20 basic document on suspect classes would have to include the

21 suspect classes in order to have any meaning to it, and I

22 don't think there's any way that you could write a

23 constitution without.putting this about race, national

24 origin and all in there.

25

If you include all the suspect classes you have

PAGE 107

covered it and there's no reason to go into the civil rights

2 thing over and beyond it, you've protected it all, and all

3 suspect classes would be covered in it.

4

LT. GOVERNOR MILLER: Senator Holloway.

5

SENATOR HOLLOWAY: I would like to ask a question.

6 In the current constitution one of the criteria was to keep

7 it as brief as possible and to the point. The current

8 constitution says no person shall be deprived of life,

9 liberty or property except by due process of law.

10

Now, by not having these classes in here, what

11

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cases

--

I

mean what's

happened

that we would want

to

happen

by putting these classifications in here in the law?
~\ ~ 12
~r~ I mean I just don't understand the necessity for

14 ~ any of it as long as you say no person.

t; :-er

15 q

GOVERNOR BUSBEE: Senator, I don't know that I could

~

;:)

16 ~... effectively argue against what you say, except that were you

Q

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17 :: have distinctions by statute because of these suspect classes

18 in the past under constitutional law these statutes have been

19 allowed without this language being in there.

20

SENATOR EVANS: ~r. Chairman.

21

LT. GOVERNOR MILLER: Senator Evans.

22

SENATOR EVANS: Senator Holloway, I may give you an

23 example that might help. If you had an employer and he had

24 two applicants for a job, one of those persons was a racial

~ minority and the other was not, if he hired the second

PAGE 108

employee because of the race of the first, then he would have 2 violated that person's equal protection rights.

3

If, however, he had two employees both of whom were

4 white, and one had been fired five times before for having

5 come late to work at other sources of employment, if you

6 remove all these suspect classes then he can claim his equal

7 protection was violated because we have removed from the

8 protections those enumerated provisions which allow him to

9 raise the equal protection clause.

10

You see, in other words what I'm saying here is that

"z

11

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'2"

you can discriminate provided that

the

discrimination

is not

1M

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based on race, ancestry.

on sex,

on national origin,

on religion or on

! 14 t; :r

If you remove all those, then you are prohibiting

15 olI all forms of discrimination, some of which might be very valid.

~

~
16 ~ I hope that addresses it. 1M Q

Z 17 :

GOVERNOR BUSBEE: That's very good.

18

LT. GOVERNOR MILLER: Senator Barnes.

19

SENATOR BARNES: Under the constitution now we do

20 not have a provision in the constitution tha~ says no person

21 shall be denied the equal protection of laws. What we do have,

22 and what the courts have interpreted to be the equal protec-

23 tion laws is this: Protection to person and property is a

24 paramount duty of government, and shall be impartial and

25 complete.

PAGE 109

Now, that's what the courts as I understand have

2 interpreted to be the equal protection clause, and what the

3 committee tried to do was because that is foreign to the

4 language generally associated with the equal protection is

5 to put due process and equal protection in one provision,

6 and then to take out this section about the duty of government

7 being paramount.

8

But if you prohibit all discrimination and do not

9 allow -- just like Senator Evans said, allow some discrimina-

10 tion but not on these suspect criteria, then you prohibit all

discrimination. And the income tax, for example, is

discriminatory. It takes more from some people than it does

from others, and so you've got to say discrimination is okay

as long as it is not on some of these suspect criteria.

That's the way I u~derstand it. I could be wrong.

LT. GOVERNOR MILLER: Senator Bell.

SENATOR BELL: I think we're still back where we

18 were in the beginning pnd the caution that was made by the

19 speaker and the president pro tern about encumbering this whole

20 constitution with some questions that possibly should be

21 addressed by a separate constitutional amendment. I think

22 it's a very valid point.

23

When you put sex in here you're going to immediately

24 make the question of pro-ERA and anti-ERA the question

25 surrounding this document, and I may not agree with it, but

PAGE 110

I've had a lot of people talk to me about that simple

2 question that concerns them more than many of the more

3 important things that are in this document.

4

I think we ought to strike "sex," and if we want to

5 put it back in as a separate constitutional amendment and

6 let it stand on its own and see if it can be put in, then put

7 it in, but you put it in here this way and we're going to have

8 a problem I think passing the whole document before the

9 general public, and I move to strike "sex."

10

GOVERNOR BUSBEE: He moves to amend.

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11 i=
a..o..t..:

LT. GOVERNOR MILLER:

@/);i striking the word "sex." SENATOR BELL: Yes.

You move to amend this by

! 14

LT. GOVERNOR MILLER: Any other questions? Any

!;;
:z:

15 ~ other discussion?

"at:
;;)

16 ~...

I recognize Senator Evans

zo

17 :

SENATOR EVANS: I would just point out that if you

18 were to strike the word "sex" in the proposal made by the II
19 governor, then you would have an interesting situation whereby

20 someone who is not even a citizen of the United States who

21 might be from South America or the Middle East could claim,

22 could raise an equal protection issue and say "Because of my

23 national origin you can't discriminate against me," and he

24 would have a valid claim, but a woman who is born and raised

25 in Georgia who is discriminated against would not be able to

PAGE III

make that claim if the word "sex" is taken out.

2

LT. GOVERNOR MILLER: Any other persons who wish to

3 be recognized?

4

I recognize Senator Burruss~ Representative Burruss.

S

REPRESENTATIVE BURRUSS: Has a motion been made to

6 adopt the governor's --

7

LT. GOVERNOR MILLER: No. We've got an amendment to

8 that to strike the word "sex."

9

A VOICE: I made the motion to adopt it, and he

10 amended it.

LT. GOVERNOR MILLER: Senator Gillis moved to adopt it.

The question is on the adoption of the amendment. All those who favor the adoption

I recognize Senator Holloway.

SENATOR HOLLOWAY: A parliamentary inquiry. Is one

more amendment permissible?

18

LT. GOVERNOR MILLER: Yes, one more.

19

SENATOR HOLLOWAY: I move we eliminate the amendment

20 as amended, and adopt the constitution Paragraph I as it now

21 is written, and that is "No person shall be deprived of life,

22 liberty or property except by due process of law."

23

A VOICE: I second.

24

LT. GOVERNOR MILLER: Does everyone understand that

2S motion, that amendment?

PAGE 112

SENATOR BELL: We're going back to what's in the 2 constitution now?

3

LT. GOVERNOR MILLER: His amendment now would go back

4 to what's in the constitution now.

5

Senator Barnes.

6

SENATOR BARNES: If you do that, you've got a due

7 process clause, but we have already eliminated the old

8 language which says protection to person and property is a

9 paramount duty of government and shall be impartial and

10 complete in another section, so we'll have due process but no

" 11

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j:

equal

protection.

o..'."...

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A VOICE: We can correct that when we get to it. SENATOR BARNES: We have already been by it.

! 14 ...

LT. GOVERNOR MILLER: Any other member of the

':"r
15 ~ committee wish to be recognized?

"'";;)
16 .~..
aaz
17

Senator Holloway . SENATOR HOLLOWAY: I would include --

Would we

18 have to reconsider that too? I'm talking about going back to

19 Paragraph III that we eliminated and putting that back in also

20 in Section.II of the present constitution.

21

A VOICE: You would have to reconsider that and go

22 back--

23

SENATOR HOLLOWAY: Did we adopt Section II?

24

LT. GOVERNOR MILLER: Governor Busbee.

25

GOVERNOR BUSBEE: You are still going to vote now,

PAGE 113

then you could reconsider that.

2

LT. GOVERNOR MILLER: You wouldn't do it right now.

3

SENATOR HOLLOWAY: I would want it known that's my

4 intent to fill that void created by this motion if it does

5 pass.

6

LT. GOVERNOR MILLER: The question is on the

7 adoption of the Holloway amendment which would put it back

8 just as it reads, "No person shall be deprived of life,

9 liberty or property except by due process of law," and then

10 I understand later you would have a motion to reconsider.

SENATOR HOLLOWAY: Yes.

LT. GOVERNOR MILLER: All those who favor that rise,

stand and be counted.

(A show of hands.)

LT. GOVERNOR MILLER: Those opposed.

Six to six. It is lost.

The next amendment would be --

18

GOVERNOR BUSBEE: Wait a minute.

19

LT. GOVERNOR MILLER: We're going to have to

20 appoint a conference committee on that.

21

SENATOR HOLLOWAY: It's not lost I don't think,

22 .Governor.

23

GOVERNOR BUSBEE: Let me ask if there would be

24 objection to doing this. Would there be any objection to

25 having a conference committee which has to be appointed under

PAGE 114

the posture that you're in now, does it not --

2

A VOICE: That was just the amendment.

3

LT. GOVERNOR MILLER: That was just the amendment.

4 We go now to the Bell amendment, do we not?

5

A VOICE: I move we reconsider AI's motion.

6

SENATOR HOLLOWAY: Mr. Chairman.

7

LT. GOVERNOR MILLER: I recognize Senator Holloway.

8

SENATOR HOLLOWAY: I would like to ask this body to

9 reconsider their action on the Holloway amendment.

10

SPEAKER MURPHY: Parliamentary procedure says we

11

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agree

to

do

it,

and

you all

reconsider

it

by yourself,

or what

1M

~;i do we do? LT. GOVERNOR MILLER:

I think we would reconsider it

! 14 ... by ourselves, Mr. Speaker .

':-z"c:

15 q

SPEAKER MURPHY: Go ahead.

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16 ~ 1M

LT. GOVERNOR MILLER: The motion is that the Senate

Q

z

17 : reconsider its action on the Holloway amendment.

18

I recognize Senator Bell.

19

SENATOR BELL: A parliamentary inquiry.

20

LT. GOVERNOR MILLER: What's your point?

21

SENATOR BELL: If the Senate votes to sustain

22 Senator Holloway's position, then it goes to conference

23 committee; is that correct?

24

LT. GOVERNOR MILLER: That's correct.

25

A VOICE: No, no.

PAGE 115

LT. GOVERNOR MILLER: No, it would not. Then that

2 would be it, that would be the wording as adopted.

3

SENATOR BELL: I've got you.

4

LT. GOVERNOR MILLER: The question is on the

5 adoption of the Holloway amendment. All those who favor its

6 adoption, rise, stand and be counted.

7

A VOICE: The vote to reconsider.

8

LT. GOVERNOR MILLER: On the motion to reconsider --

9 this is to reconsider only.

10

(A show of hands.)

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12 ~
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LT. GOVERNOR MILLER: Those opposed (A show of hands.) LT. GOVERNOR MILLER: It is reconsidered eight to

! 14 I- three. ':"z:

Four.

..15 .:J CI

Do you understand what we're about to vote on,

::I

16

~
1ozM

Senator

Lester?

17 ::i

SENATOR LESTER:

I plead ignorance.

18

LT. GOVERNOR MILLER: The motion is on the Holloway

19 amendment.

20

All those who favor its adoption rise, stand and be

21 counted.

22

(A show of hands.)

23

LT. GOVERNOR MILLER: Those opposed.

24

(A show of hands.)

25

LT. GOVERNOR MILLER: Nine to seven, and the Holloway

PAGE 116

amendment is adopted.

2

SENATOR HOLLOWAY: A parliamentary inquiry, Mr.

3 Chairman.

4

LT. GOVERNOR MILLER: State your point.

5

SENATOR HOLLOWAY: What would be the proper time for

6 me to make my motion on Paragraph III in Section II?

7

LT. GOVERNOR MILLER: Now is the proper time,

8 Senator, to make that motion.

9

SENATOR HOLLOWAY: will you identify that paragraph

10 for me, Mel?

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11 j:

MR. HILL: It's in Section II, Paragraph III. It

.'oG".o.

@;I would be struck out of the version that you have. You have to go to your strike-through and underlined version, it's

!..14 Section II, Paragraph III of the strike-through underlined

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15 ~ version.

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16 .~..

It's page 6, you'll see it's been struck out, it

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17

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says

"Protection the

duty of government."

18

SENATOR HOLLOWAY: Follow me, Mel, and see if I'm

19 quoting from the right spot.

20

My motion is that we reinsert in Section II,

21 Article III which reads "Protection the duty of government.

22 Protection to person and property is the paramount duty of

23 government, and shall be impartial and complete."

24

MR. HILL: Yes.

25

SENATOR HOLLOWAY: I so move.

PAGE 117

GOVERNOR BUSBEE: The motion has been made and

2 seconded. Is there further discussion?

3

If not, is there objection? The chair hears none,

4 it is unanimously adopted.

5

All right. Mel, go ahead.

6

MR. HILL: The committee to revise the Judicial

7 Article, which is not up for consideration today of course

8 but has a provision about the right to trial by jury. It is

9 in Article VI at the present time, and I handed out a separate

10 memo, and you should have this in your material, a three-

~ z

11 ~ page memo.

.o..

~\ 12 ~

GOVERNOR BUSBEE: That was handed out to you this

~r i morning, it says "Section VI, Right of trial hy jury." The

14 .~.. staff thinks it should be in this article rather than that

:~z:

15 .: article.

a~r:

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16 .~..

MR. HILL: The committee itself recommended that this

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17 : be in the article, and the staff proposal for inclusion is on

18 the last page of this three-page handout, and Wayne Snow may

19 have some changes.

20

GOVERNOR BUSBEE: What you're considering now is

21 entitled the Staff Proposal for Trial by Jury Provisions.

22 Do you have it before you?

23

Is there a motion? I just want to get it on the

24 floor for discussion.

25

(Motion made.)

PAGE 118

GOVERNOR BUSBEE: The motion is made. Second?

2

(Motion seconded.)

3

GOVERNOR BUSBEE: All right. Discussion.

4

REPRESENTATIVE SNOW: Mr. Chairman, I would move to

5 amend on line 2 of subparagraph (b) relative to the trial jury

6 shall consist of twelve persons in the second line, the word

7 "five," and change that to "six" so it would read not less

8 than six.

9

There were some cases in Georgia, I think one of the

10 Paris Adult Theatre cases, where the federal court ruled that

it would have to be a six-man jury, at least a six-person

jury.

GOVERNOR BUSBEE: The legislature would still have

that right, wouldn't they, to make it six?

REPRESENTATIVE SNOW: If it's a federal ruling, it

possibly could be --

GOVERNOR BUSBEE: The motion is made that "five" be

18 changed to "six" so the legislature could not make it less

19 than six.

20

MR. HILL: There are three pages in this memo. The

21 first page is my summary of what we're doing; the second page

22 is the present provisions on the jury trial in Article VI;

23 and the third page is a staff proposal for their incorporation

24 into Article I, where the committee felt they should be put.

25

Wayne has just moved that Subparagraph (b) of the

PAGE 119

staff proposal be amended to state not less than six rather

2 than five.

3

If you don't have this three-page package you're not

4 going to be able to follow what's going on. Now, how many

5 don't have that?

6

They're being handed out now. They were handed out

7 earlier.

8

GOVERNOR BUSBEE: There's been a recent decision on

9 that for the five. Mr. Snow says he's going to withdraw his

10 amendment to change six to five.

With that, we have the main motion which is for the

adoption of the entire staff proposal.

All right. Is there any further discussion on this?

Senator Deal.

SENATOR DEAL: On this Section (a) as I read it it

says there shall be a trial by jury except where there is no

issuable defense and a jury is not demanded in writing. Are

18 those two tagged together and, if so, is that not a substantial

19 change from our present situation?

20

My point is that in civil cases now most courts do

21 not require a written demand for jury trial be filed, but a

22 jury trial is automatic. As I read this, this would require

23 you to file a written demand for a jury trial in order to get

M a jury trial.

25

GOVERNOR BUSBEE: I think the senator is correct.

PAGE 120

I think Wayne was going to move later that be changed to "or,"

2 "and" to "or."

3

GOVERNOR BUSBEE: As I read it, you would have to

4 demand a jury trial.

5

SPEAKER MURPHY: I think you ought to strike that

6 from "and" on out.

7

MR. HILL: Wayne, the question was raised about

8 Subparagraph (a) whether to have the "and" --

9

GOVERNOR BUSBEE: And or was what I was trying to

10 say.

REPRESENTATIVE SNOW: That will be changed to "or."

SPEAKER MURPHY: It ought to be changed more than

that.

GOVERNOR BUSBEE: Mr. Speaker.

SPEAKER MURPHY: I move that Paragraph (a) read:

"The right to trial by jury shall remain inviolate except

that the court shall render judgment without the verdict of a

18 jury in all civil cases where no issuable defense is filed,"

19 period.

20

SENATOR BARNES: I second it.

21

A VOICE: You're striking the rest?

22

SPEAKER MURPHY: Yes.

23

GOVERNOR BUSBEE: I think the speaker has an

24 amendment he was going to offer. Mr. Speaker.

25

SPEAKER MURPHY: I would move that we change

PAGE 121

Paragraph (a) to read as follows:

2

"The right to trial by jury shall remain inviolate,

3 except that the court shall render judgment without the verdict

4 of a jury in all civil cases where no issuable defense is

5 filed, unless waived in writing by all parties."

6

That means you could waive a jury trial, and every-

7 body could waive one and the court could decide it without a

8 jury trial; otherwise, you get a jury trial unless you waive

9 it.

10

GOVERNOR BUSBEE: All right. The motion would be

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11

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..'o"....

that

it

be

amended

to

read

as

follows:

12 ~

"The right to trial by jury shall remain inviolate,

~r~ except that the court shall render judgment without the verdict

! 14 of a jury in all civil cases where no issuable defense is lo-n

<:aC::

15 .:I filed, unless waived in writing by all parties."

CI

'"::> 16 .~..

Is that your motion, Mr. Speaker?

zQ

17 :

SPEAKER MURPHY: Yes.

18

GOVERNOR BUSBEE: Is there a second?

19

(Motion seconded.)

20

GOVERNOR BUSBEE: All right. Is there further

21 discussion on the amendment?

22

We will take these by subparagraphs. All right,

23 there being no objection it's unanimously adopted.

24

All right. "(b) A trial by jury shall consist of

25 12 persons, but the General Assembly may prescribe any number,

PAGE 122

not less than five, to constitute a trial jury in courts of

2 limited jurisdiction."

3

Is there a motion to adopt this?

4

MR. HILL: Wayne just moved --

5

GOVERNOR BUSBEE: He's withdrawn his motion.

6 All right. Senator Lester.

7

SENATOR LESTER: I want to go back to (a). I didn't

8 realize -- I thought we were going to vote on it, on the

9 amendment to the provision that was presented. I mean

10

GOVERNOR BUSBEE: All right. I'll go back. Is there

1:1 Z
11 j: objection to reconsidering just for a moment subparagraph (a) Ill: .f..
@);~ that we adopted so that Senator Lester can be heard? All right. The amendment was, that we adopted was

! 14 that the right to a trial by jury shall remain inviolate, Ii; -e %
15 .:t except that the court shall render judgment without the
1:1 Ill:
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16 ~... verdict of a jury in all civil cases where no issuable Q
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17 :: defense is filed, unless waived in writing by all parties.

18

SENATOR LESTER: Are you going to put that to a vote?

19

GOVERNOR BUSBEE: I asked if there was objection to

20 that.

21

SENATOR LESTER: All right. There is objection.

22

GOVERNOR BUSBEE: All right. All in favor rise, 'and

23 stand until you're counted.

24

(A show of hands.)

25

GOVERNOR BUSBEE: All right. All opposed rise.

PAGE 123

(A show of hands.)

2

GOVERNOR BUSBEE: All right. The amendment is

3 adopted 22 to zero in the house, and 12 to 2 in the senate.

4

Now, the amendment having been adopted, is there

5 objection to Subparagraph (a) as amended being adopted?

6 If there's none, it's unanimously adopted as amended.

7

(b). You have heard this. Is there objection to

8 adoption of Subparagraph (b)?

9

The chair hears none. Subparagraph (b) is adopted.

10

Subparagraph (c). Is there objection to the adoption

of Subparagraph (c)?

The chair hears none. Subparagraph (c) is adopted.

Is there anything else to be considered in that

article?

MR. HILL: The only other thing I would point out is

that omitted from the present Article I are the provisions I

have on the front of the memo, "The jury in all criminal

18 cases shall be the judges of the law and the facts. The

19 power of judges to grant a new trial in case of conviction is

20 preserved."

21

These have not been carried forward. The Article I

22 committee felt that the first sentence was an inaccurate

23 statement of the law, and they felt that the second sentence

24 could be provided for by statute, and I do understand the

25 Article VI committee report will contain something about the

PAGE 124

power of judges to grant new trials, so that that will be

2 preserved, the second sentence.

3

I will just assume this is satisfactory.

4

GOVERNOR BUSBEE: We will be considering that

5 article.

6

All right. Is there objection? If not, it will be

7 so considered.

8

Is there any other matter that anyone wishes to bring

9 up in Article I?

10

If not, I would entertain a motion that Article I

11

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j:

as

amended

be

adopted.

'."o".-.

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A VOICE: So moved. GOVERNOR BUSBEE: The motion is made.

! 14 ... second? .:z": 15 o!I
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16 ~...
gaz
17 adopted.

(Motion seconded.) GOVERNOR BUSBEE: Is there objection?

Is there a If not, it's

18

Article II.

19

MR. HILL: All right. I'm going to calIon Jim

20 Pratt from the --

21

GOVERNOR BUSBEE: Just a minute. We have a question.

22 Senator Gillis.

23

SENATOR GILLIS: Did you just adopt Article II, the

24 whole article?

25

GOVERNOR BUSBEE: No. We're going to Article II

PAGE 125

right now.

2

SENATOR GILLIS: Very well.

3

REPRESENTATIVE LEE: Article I isn't completed,

4 though. We've got two or three conference committees. We

5 can't adopt the whole article.

6

GOVERNOR BUSBEE: That's subject to the conference

7 committee. Just those portions were adopted.

8

Now, then, is there any other discussion on Article

9 I? It's all adopted except for those paragraphs that were

10 referred to conference committee.

All right. Article II.

MR. HILL: I'm going to call on Jim Pratt from the

office of the Attorney General who worked with this committee,

and he will explain these changes in Article II to you.

GOVERNOR BUSBEE: You have your handout. Where it

says Article II, that's what we will be using.

SPEAKER MURPHY: Before we leave that Article I,

18 I want to appoint the conference committee from the House on

19 Paragraph V about libel, Section I, Paragraph V.

20

I'm going to put Mr. Lee, Mr. Snow and Mr. Buck.

21

GOVERNOR BUSBEE: Senator Holloway.

22

SENATOR HOLLOWAY: Parliamentary inquiry.

23

Are the speaker and the lieutenant governor under

24 the rule which we usually work under required to appoint those

25 people who voted affirmatively with the majority, or voted

PAGE 126

with the majority?

2

GOVERNOR BUSBEE: You're out of my bailiwick right

3 now.

4

SENATOR HOLLOWAY: It's a very serious bailiwick.

5 Don't you agree, Mr. Speaker?

6

SPEAKER MURPHY: We'll work out something we can

7 agree to.

8
9 about.

SENATOR HOLLOWAY: You understand what I'm talking

10

GOVERNOR BUSBEE: We didn't have a rollcall vote.

~

11

i=
.'o"..

I

don't

see how we can do

it.

I think it will be up to the

1M

~;! speaker and the lieutenant governor. Representative Snow.

14 !...

REPRESENTATIVE SNOW: A point of clarification on

':<z"C:

15 q this Article I, please.

I!I

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16 ~ 1M

On the speaker's amendment we adopted, now is it my

Q

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17 :: understanding that that would read as far as the

What

18 was your langauge after the word "filed," and then it says

19 " . unless waived in writing by all parties."

20

REPRESENTATIVE SNOW: What is waived?

21

SPEAKER MURPHY: Unless a trial by jury is waived.

22

REPRESENTATIVE SNOW: That needs to be in there.

23

SPEAKER MURPHY: That's what we're talking about in

24 that paragraph.

25

REPRESENTATIVE SNOW: I know, but we need to make

PAGE 127

sure there's no question about it. We want to make both

2 subject matters

We're not talking about the same subject

3 matter, we're talking about two different things.

4

One is default judgments; the other is where you

5 waive a trial by jury, where both parties -- A default

6 judgment you only have one party involved. I just don't think

7 we ought to have any confusion about it.

8

SPEAKER MURPHY: Why are you talking?

9

REPRESENTATIVE SNOW: I'm just seeking clarification.

10

SPEAKER MURPHY: Do you want to say unless a jury

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11

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o..ll..l..:

trial

is waived

in writing by all

parties?

How about that?

~r~ ~\ ~ 12 in?

GOVERNOR BUSBEE: Is there objection to putting that It might be redundant, but do you see any objection to

! 14 l- putting it in?

ll>
:z:

15 .:

If there's no objection to that wording, unless jury

"lll:
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16 .~.. trial is waived by all parties .

az

17 ~

SPEAKER MURPHY: On the same article, Section I,

18 Paragraph XXV, I'm going to put Mr. Burruss, Mr. Ross and

19 Mr. Pinkston on that. Are you listening, Mr. Pinkston?

20 You and Mr. Burrus and Mr. Ross are on that Paragraph XXV of

21 Section I on the separate estate conference committee for

22 the House.

23

GOVERNOR BUSBEE: Senator Holloway.

24

SENATOR HOLLOWAY: Mr. Speaker, I assume as a

25 parliamentary inquiry from the speaker our three o'clock

PAGE 128

meeting will be put off until we adjourn from here?

2

SPEAKER MURPHY: Until we adjourn, yes, sir.

3

GOVERNOR BUSBEE: All right. Article II.

4

SENATOR GILLIS: Mr. Chairman, we've got one more

5 conference committee to appoint.

6

SPEAKER MURPHY: Where is it?

7

SENATOR GILLIS: On Section II, Paragraph VII.

8

SPEAKER MURPHY: Yes, you're correct.

9

I'm going to put Mr. Collins on that, Mr. Coleman

10 and Mr. Adams on that one.

GOVERNOR BUSBEE: All right. Anything else on

Article I now?

We've got conference committees from the House. The

lieutenant governor will be back in just a few minutes, and

we'll talk to him about appointing conferees.

If there's nothing else, Article II. Mr. Pratt.

MR. PRATT: Governor Busbee, Lt. Governor Miller,

18 Speaker Murphy:

19

Let me just say if we're going line by line into the

20 Article II which is quite short compared to Article I and many

21 of the articles you'll be considerng~ just a couple of 22 things that the article subcommittee had in mind as a general

23 matter.

24

First, their general philosophy was that along with

25 the rest of the constitution Article II ought to be a lot

PAGE 129

shorter than it is now, it ought to be a lot more under-

2 standable than it is now, and the way those two things could

3 be accomplished is by including only the fundamental matters

4 in the constitution, leaving a great deal that's currently

5 in Article II of the constitution to the General Assembly,

6 leaving a lot of the detail out that the average citizen

7 reading the constitution wouldn't need to know, wouldn't care

8 about, things that have led to a lot of amending of the

9 constitution in the past as these details were changed.

10

One other point as far as Article II goes, the

11 5z~ general philosophy of the subcommittee was that much of the o ~
~--- ~ ~ ~ 12 ~ rewriting that needed to be done in this article had to do with a shift in the way in which voting is regarded in the

14 ~ state and this country.

~

~

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15 ~

Originally the idea was that voting was that voting

~

~

16 m~ ~ was a very narrowly restricted right, that it had to have all

oz

17 =~ kinds of special qualifications, including the one-time

18 property holding in order to exercise the right to vote, and

19 there was a special status to a person called an elector who

20 could register to vote.

21

The philosophy now more generally is that anybody

22 meeting minimum requirements such as being a citizen of the

23 united States, a resident of Georgia and being of age, which

24 is 18 years now, would have the right except for specific

25 disqualifications.

PAGE 130

Most of the division on the committee was over the

2 details of these disqualifications and other matters.

3

With that preface let me go quickly through the

4 text of the proposal, and if anyone has any questions I will

5 do my best to answer them or have the chairman take care of

6 them in a general discussion.

7

Consistent with the general attitude of making this

8 thing more understandable, the committee has changed a lot

9 of the titles. These are not substantive, but the elective

10 franchise term gave way to Voting and Elections on the theory

@;;11

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that

it would

be more

easily

understood

by

the

average

person.

Getting into Paragraph I, the only substantive

change -- the only thing that the committee felt ought to be

! 14 ... in there that wasn't in there already was a provision that

'x" 15 011 elctions by the people shall be by secret ballot. That of

"a:::
16 ~... course was already provided by law, but it was felt to be a

Q

17

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fundamental

matter

that

deserved

to

be

in

the

basic

document.

18

In Paragraph II this is where we pick up a lot of

19 what I talked about in the preface about the attitude about

20 people voting in general.

21

The proposal makes it clear that any person who is a

22 citizen of the united states and a resident of Georgia, which

23 by force of the U.S. c~nstitution makes a person a citizen of

24 Georgia, and is of age being 18 years old at least has the

25 right to vote with some specific exceptions, and that is

PAGE 131

introduced by the phrase " and not disenfranchised by this

2 artic1e "

3

Let me go through those two or three things very

4 briefly and point up where there was some difference of

5 opinion and some discussion by the article committee and by

6 the Select Committee.

7

First there's a requirement " who meets minimum

8 residency requirements as provided by 1aw "

9

The current constitution requires that there be at

10 least a thirty-day duration of residency requirement, that you

had to be living in Georgia at least thirty days, and the

General Assembly could extend that.

The current draft allows the General Assembly to set

up this kind of residency requirement, but does not put any

fixed minimum in there. The matter whiGh was discussed and

perhaps was of a little controversy was the question as to

whether duration of residency needs to be or ought to be in

18 the constitution at all.

19

Very briefly, under the U.S. constitution, the U.S.

20 Supreme Court and a three-judge court in Georgia looked at

21 these kinds .of residency requirements, and their enforceability

22 is let me say very much in doubt.

23

There is a possibility that the district court

24 decision would be reversed by the Supreme Court, but an earlier

25 decision out of Tennessee working with a one-year residency

PAGE 132

requirement, the language makes it very likely that none of

2 these residency requirements could be enforced.

3

Now, in terms of their necessity one thing should

4 be borne in mind, and that is that Georgia does have, and it 5 clearly may have what's called a registration cutoff. In 6 other words, you can require somebody to register substantially

7 in advance of the election, thirty days or possibly -- I

8 believe Georgia's is thirty days, and that's been approved so

9 that the election officials can get their records in order.

10

That fulfills about the same function as a duration

.. 11

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of

residency requirement,

but again

some other people

took

o......

e);~i

the view that certainly allowing the General Assembly to keep in these things couldn't do any harm even if it became

14 ~I necessary by the U.S. constitution to not have them. There's

%

15 oll no requirement that it be put in there.

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16 .~..

That was one thing that the article committee talked

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17 :::; about at some length, and it gives the history of the present

18 provision.

19

Two other exceptions to the right to register and

20 vote which were considered by the committee dealt with the

21 disenfranchisement of people who have been convicted of 22 crimes and people who are mentally incompentent.

23

The changes with respect to the conviction of a

24 crime were basically two. Number onE!, the definition has been

25 rewritten to put it in more modern language, and also to limit

PAGE 133

it to people convicted of a felony involving moral turpitude.

2

Now, that is a feature of the present constitution.

3 The present constitution went into enumerating some other

4 crimes. To the extent they are already felonies it was felt

5 this was unnecessary; to the extent that some of these crimes

6 were only misdemeanors the committee felt that it was

7 unnecessary to include them, to disenfranchise people on these

8 grounds.

9

For example, the present constitution allows people

10 to be disenfranchised for larceny. That would include petty

11 5CzI larceny such as shoplifting, and that was something that was
o......
@ ; j just felt to be out of proportion to the offense. So the definition of the crimes which lead to the

14 .~.. loss of the right to vote was changed

':"z: 15 .:I

Second, there was a change in when the right to vote

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17

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The

committ~e felt

that

there

shouldn't

be

any

requirement,

18 especially in view of the fact that pardons in many of these

19 cases are more or less rubber-stamp affairs, and that it ought

20 to be automatic upon the completion of the person's debt to

21 society.

22

There was some discussion about making a division

23 between completion of the sentence and release from.

24 incarceration. ,The current one is upon completion of sentence

25 which, for example, if a person was serving one year and on

PAGE 134

probation for an additional three, the right to vote would be

2 restored at the completion of the fourth year, so the person

3 would be out in society but would not be able to vote until

4 the sentence was completed, even though it did not involve

5 any continuing prison term.

6

There was some discussion on that, but the majority

7 of the article committee decided to keep it upon completion of

8 the sentence, which would in certain cases delay the

9 restoration of the right to vote.

10

The final thing dealing with the right to vote itself

"z
11 joa:: exceptions to the right to register and vote, deals with "1M
~;I mostly with the mechanics of elections, and it was the disenfranchisement of mental incompetents.

14 .~..

The current constitution provides flatly that idiots

VI

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15 olI and insane persons do not have the right to vote, and the

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administration

of

that

is

really

in

the

hands

of

the

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17 : individual registration official or poll officer.

18

The committee felt before the right to vote it lost

19 or taken away that there ougnt to be a j~dicial determination 20 on that subject, and that's the way the present provision

21 reads.

22

It includes people who have been judicially

23 determined to be mentally incompetent unless the disability

24 has been removed. Let megiv~ a caution about the administra-

25 tion of this. This would require the General Assembly if this

PAGE 135

provision is going to mean anything to institute a procedure

2 where this disability could be established. There is no

3 procedure like that under Georgia law at present.

4

Now, there is a procedure for declaring a person

5 incompetent to manage his affairs where there's a guardian of

6 the estate of the person, or a guardian of the property, but

7 that probably would not be the kind of proceeding which could 8 be used for this, so it would need to be a separate proceeding, 9 and one of the things that the committee considered is whether

10 it's realistic to think that anyone is going to institute a

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proceeding

to

take

away

the

right

to

vote

of

an

individual

person who happens to be mentally incompetent. The odds of

it being an effective procedure which would actually have a

14 ~I role to play in deciding who are the public officials

:I:

15 .:. elected in Georgia is frankly pretty small; however, it's Q

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16

.~..
oz

something

the

General

Assembly

could

consider

doing,

and

it

g 17 might work out to be a major factor in some cases.

18

There was some sentiment. on the committee that given

19 these difficulties it just wasn't worth the trouble to attempt

20 to disenfranchise people th~ough judicial proceedings for

21 mental incompetence, but the currertt draft, the one that was

22 presented to the Select,Committee, adopted by the Select

23 committee and is, for your consideration provides that

24 disenfranchisement for mental incompetence can be accomplished

25 if there is a prior judicial proceeding and there has been no

PAGE 136

lifting of the disqualification through expiration of the 2 judicial order or a subsequent judicial proceeding to affirm 3 or review that.

4

Anyone who c0mpares the current provision with the

5 proposal will see that there are some other things that I

6 haven't discussed in so many words because they're things

7 which have been dropped out of the present article, and they

8 go more by the general philosophy that I outlined before.

9

For example, the present article provides for an

10 alternative either of good character or literacy; one of those

1:1

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11

j:
o..Il..l..:

two

would

have

to be

shown

in ways

prescr.ibed

in

the

~;i constitution in order for a person to exercise the right to vote. Those matters are things which the committee felt time

! 14 I- had passed by, they are in addition matters which have been ':"z: 15 ~ unenforceable under the Voting Rights Act of 1965, one of the
1:1
Ill: ;)
16 .~.. provisions which applies to all states of the union, including Q Z
17 ::; Georgia.

18

Those are things which the subcommittee felt that

19 were unnecessary limitations on what should be a general right

20 to vote.

21

Going to Section II, this is called the general

22 provisions of the Article II.

23

GOVERNOR BUSBEE: Just a minute. Representative

24 Pinkston wanted to ask a question.

25

REPRESENTATIVE PINKSTON: Before we go to Section II,

PAGE 137

on line 19 there where there is " has been judicially

2 determined to be mentally incompetent," we now have a procedure

3 in this state that provides for the appointment of a guardian

4 for an incapacitated adult, and to the best of my knowledge

5 this is not a judcial determination of mental incompetence.

6

MR. PRATT: I think your point, Representative

7 Pinkston, is exactly right, is if this procedure were going to

8 be implemented there would need to be a separate procedure

9 established by the General Assembly and enforced in individual

10 cases, that this does not refer to the appointment of a

"z:
11 ~ guardian of a property or an estate, so that that would not do
@;;.2.. this. REPRESENTATIVE PINKSTON: I'm speaking of a guardian

! 14 :tz;: of the person, and it's a guardian of the person and/or the

15

q
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property

for

an

incapacitated

adult.

It's very close to

16 ~... mental incompetence, but there's no adjudication made of

Q
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= 17 mental incompetency, and the act provides I think for the

18 taking away of voting rights, and I've just seen the court

19 order that does that, that the person shall or shall not have

20 the right to vote.

21

NOW, are we going to limit him to a judicial

22 determination of incompetency or just incapacitation of

23 unable to manage their own affairs and so forth?

24 MR. PRATT: Representative, I wasn't aware that the

25 current statute or judicial orders under whatever the current

PAGE 138

law is talks about loss of the right to vote. I think it is

2 questionable under the current constitution whether that can

3 be done by judicial order, since the current constitution

4 refers directly to idiots and insane persons, and makes it

5 the duty of the poll officer or the official conducting the

6 registration to make a decision and then there's an appeal,

7 so--

8

REPRESENTATIVE PINKSTON: I'm not suggesting the act

9 is unconstitutional or constitutional, but it may be a

10 possible conflict is all I'm saying.

"z
11 j:

MR. PRATT': I think the attitude of the committee

'.2"..

@;i it may not have been familiar with any act you're referring to the attitude of the committee that looked at this was that

14 ~I there wasn't a current procedure to implement this kind of

15

<:Cr olI

thing,

this

judicial

determination

of

mental

incompentency,

16

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~...

and

that

without

such

a

procedure

there

could

be

no

disen-

zQ

17 = franchisement on this ground, that something would have to be

18 set up for this purpose and the current procedures would not

19 do it.

20

That was the origin of the feeling among some

21 members of the article subcommittee that the chances of there

22 being lawsuits initiated so that so and so wouldn't be able

23 to vote in the next election, it was the kind of thing which

24 would be a dead letter even if there was a procedure enacted

25 to cover it, and the odds of that kind of thing having any

PAGE 139

practical effect were very small, but perhaps on the theory

2 that if there is an authorization it can't do any harm and

3 the General Assembly can look at the question and decide

4 whether to implement it or not. That may be the reason why

S it's in its current form and has come to this committee in

6 this form, if I have answered the question.

7

GOVERNOR BUSBEE: Further qu~stions?

8

Senator Kidd.

9

SENATOR KIDD: Did I understand in your new section

10 dealing with voting and election laws that you are not in any

way -- and I want to commend you on cutting it down, I think

we should do this more in all the areas -- that a state

employee could run for office under the way you have this

written today?

MR. PRATT: I haven't gotten to that section of the

article on that. Now, Section II, Paragraph III talks about

pe~sons not eligible to hold office, and going to that it

18

requires that people be registered voters which enables the

19 article to be shortened quite a bit .instead of spelling out

20

all the things necessary to registration the second time,

21

and it talks about criminality in a slightly different

22

version because it requires the pardon or the restoration of

23

civil rights, it includes the current provision about holding

24

public funds illegally, but then it does go on to authorize

2S

the General Assembly starting at line 7 of the second page

PAGE 140

additional conditions of eligibility to hold office, it goes 2 first to write-in vote and that gets rid of a lot of the

3 detailed language in the current article and allows that to

4 be handled by statute, and it goes on to say " and for

5 persons holding offices or appointments of honor or trust

6 other than elected offices created by this constitution may

7 be provided by law," so I think that is a matter which we

8 left generally to the General Assembly except for the

9 specific offices created by the constitution such as governor,

10 secretary of state, attorney general and certain other

constitutional elective offices where the conception was

that in the part of the constitution which covers those

offices there would be the description of exactly what is

required and by implication is not required.

So to answer your question, Senator Kidd, I think

that is a matter which the article leaves in most cases to

the best judgment of the General Assembly.

18

That pretty well covers -- Let me catch a couple

19 of things that I haven't already commented on in Section II.

20

Paragraph I, "Procedures provided by law" is in the

21 general spirit of having the General Assembly decide how

22 procedures would be implemented. There is quite a detailed

23 set of procedures set out in the current constitution which

24 simply is too technical to justify being in the basic

25 document, and if a change was thought to be needed it would

PAGE 141

be time consuming and expensive and difficult to make a minor 2 change because it's in the constitution. Those things are 3 better left to statute was the feeling of the article

4 committee.

5

On "Run-off election," this is new to this article

6 but was not really drafted by the article subcommittee; it is

7 moved from Article V. In its present form it is attached to

8 the office of governor. It would have a more general

9 applicability in this article dealing with run-off elections.

10

Going to the last paragraph of the article,

Paragraph IV, Section II, the paragraph dealing with recall

of public officials holding elective office, I think there

was some discussion of this from the Article I deliberations.

This is something which is currently in Article I.

The feeling is it's more appropriately in this article, but

that because of a question of timing when this article was

in a slightly different form and submitted to the people in

18 1978 the recall question was also being submitted to the

19 people, and the feeling was they shouldn't be attached

20 together since one was mostly a technical rewrite and the

21 other was a matter of -- apt to be of some general public

22 concern, and the feeling was the public ought to get a

23 separate crack at each of them, so at that time it was

24 necessary to put that in a different article.

25

At this time and with the rewrite of Article II

PAGE 142

containing so much material as it does on office-holding I

2 think the general feeling by the staff of the Select Committee

3 is that this ought to be in Article II.

4

LT. GOVERNOR MILLER: Representative Bray has got a

5 question.

6

REPRESENTATIVE BRAY: I have one question, it's not

7 earth-shaking but it could come up on possibly Section II,

8 Paragraph lIon the run-off elections that you're referring

9 to.

10

MR. PRATT: Yes.

I!I

Z

11 ~

REPRESENTATIVE BRAY: It's something you might think

..'o."...

@);i about, or did you think about it. We're putting in the constitution that the two persons designated, and since we

14 ~I require a majority vote there could be an election that might %
15 olI arise where you would have more than two candidates because
I!I
'";) 16 .~.. you could have three candidates, two of them receiving the
zQ
17 : same number of votes. Did you all consider that?

18

For instance, you might have a candidate receiving

19 10,000, and another one receiving 10,000, and the third

20 candidate receiving nine, and other candidates receiving

21 lesser votes which would mean you would have three persons

22 in a run-off. Was that considered?

23

MR. PRATT: I understand your point, and it seems

24 like -- I can't say that I considered it or the Article II

25 committee considered it since this was not a provision

PAGE 143

considered by the Article II committee.

2

This was moved from Article V to Article II after

3 the Article II committee completed its work, so I would have

4 no comment on that except to the organizational point that

5 the run-off election provision probably ought to be in

6 Article II.

7

As far as the text goes, that was not considered by

8 the Article II committee, so that's something where you may

9 well be right and I can't claim to have any real familiarity

10 with that.

REPRESENTATIVE BRAY: I don't have a solution to it

right now, but it appears to me though that we might need to

change that in the constitution because it might very well

be more than two persons. You could have a tie situation

where you would have three persons, and two persons might

have the same identical number of votes and you would have

to have three people in the election, and that could occur.

18

A VOICE: The two that tied ought to run.

19

REPRESENTATIVE BRAY: You could have two that

20 received say 9,000 votes, and one receiving 10,000, and neither

21 one of them have a sufficient number for a majority. You

22 could have a situation wh~re there would be more than two

23 persons.

24

MR. PRATT: I would think that could be redrafted.

25 You could say for the two persons, or in the case of a tie

PAGE 144

for the second place, the first three or something like that.

2

REPRESENTATIVE BRAY: That's the point I'm making.

3 I don't want to take a lot of time on it. It would seem to me

4 we might need to redraft that because it might very well not

5 be two persons.

6

GOVERNOR BUSBEE: Let me ask you if there would be --

7

Jim, does that pretty well cover it?

8

MR. PRATT: Except for any questions or any

9 discussion that would be the conclusion of my presentation.

10 That's the whole article.

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11 j:
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GOVERNOR BUSBEE: Let me ask you, Representative

@;I Bray said later on they might need to corne back and look at a little change in the language, which we could always do with

14 ~ reconsideration. Would there be any objection if we just

I-

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15 .: went section by section rather than paragraph by paragraph

"Ill:
:)

16 ~... where we can dispose of this?

Q

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17 ::

All right. Representative Burruss.

18

REPRESENTATIVE BURRUSS: I don't object, but in

19 view of what Representative Bray just said I think we need to

20 eliminate the word "two" on page 1, line 32, and then the

21 corrections that have to be made would have to be made in the

22 run-off statute.

23

If we leave the word "two" in here, then you have a

24 situation where you have --

25

GOVERNOR BUSBEE: Give me your proposed amendment.

PAGE 145

REPRESENTATIVE BURRUSS: Okay. I move we strike

2 the word "two" on line 32, page 1.

3

GOVERNOR BUSBEE: All right, and do what? Just

4 strike it?

5

REPRESENTATIVE BURRUSS: Just strike it.

6

GOVERNOR BUSBEE: Is there objection? That's

7 technical. Is there objection to just striking the word "two"?

8

If not, it's stricken.

9

All right. Now that takes care of that.

10

Is there any objection to proceeding section by

11 5zCJ section now? .o.....

If not, do I hear a motion?

12 ~

Representative Coleman.

@rl

REPRESENTATIVE COLEMAN: I would like to ask a

! 14 question just for information; it's going to come up later on

Ii;

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15 olI page 2, line 4, where it says " .. unless that person's civil

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16 .~.. rights have been restor~d. " I suppose it's talking about

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17 :i through a pardon.

18

Was there any discussion in the committee about what

19 effect a pardon had? You know, we've got several court cases

20 and it's going to come up later in another part of the

21 document I'm sure as to the actual effect of a pardon.

22

MR. PRATT: Only in this narrow context about holding

23 office generally. I know there have been cases about the

24 particular offices, even a pardon didn't do it, and other

25 effects. The only thing that this article committee

PAGE 146

considered was the effect of a pardon or its equivalent on

2 the right to vote and the right to hold office generally,

3 and the decision of the committee -- and I think it will be

4 reflected in this draft, whatever the vaguenesses in the

5 present law are -- that a person convicted of a crime

6 leading to disenfranchisement would regain the right to vote

7 upon completion of the sentence without the necessity for

8 any pardon or any other restoration of civil rights, but

9 before a person would regain the right to hold office there

10 would need to be a restoration of civil rights.

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11 t=

Now, the definition of exactly how that would take

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place would be something to be decided elsewhere, and I believe there's some constitutional provision where many

14 ~ years ago there was the governor's right to pardon, and now
I:ir;
15 ~ there's the provision of the pardons and paroles, and there
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16 .~.. may be some room in those things for the General Assembly
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= 17 to do some definition; I'm not sure, but however it is

18 decided in other parts of the constitution or in the statute

19 law for the restoration to take place, that would be the

20 trigger for holding the, right to -- for the regaining of the

21 right to hold office generally. There could still be

22 specific exclusions for the office of sheriff or something,

23 but that would have to be dealt with separately.

24

GOVERNOR BUSBEE: Senator Kidd.

25

SENATOR KIDD: Are you stating that in the new

PAGE 147

version that the word "pardon" has been removed since in our

2 laws today the governor does not have that right, nor does

3 the pardon and parole board, so we are removing the word

4 "pardon" and spelling it out in that the rights have been

5 restored by the pardon and parole board then they could vote

6 or they could hold office or whatever it might be? Is that

7 correct, sir?

8

MR. PRATT: I think that's correct on that the

9 committee chose a general -- rather than using a technical

10 term like a pardon, it referred more generally to restoration

11 "5z of civil rights, something which the meaning would be supplied
..o....
~--- I12 ~ by other parts of the constitution or perhaps the statute law. SENATOR KIDD: The pardon has been taken out in its

! 14 entirety, the word "pardon". Is that right? !;;

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15 ~

MR. PRATT: If you say so. That's

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16 ~

SENATOR KIDD: I'm not saying so. I'm asking.

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17 ~

MR. PRATT: I wouldn't say either way. This

18 committee did it in terms of a general description by

19 restoration of civil rights.

20

SENATOR KIDD: I do think you should check and make

21 sure that it's taken out because it's not applicable to our
n laws today the word "pardon, because the rights have been

23 taken away from the governor, the rights have been taken away

24 from the pardon and parole board.

25

MR. PRATT: The only part that I would claim

PAGE 148

familiarity with is this article. Whether the term "pardon"

2 is proposed to be taken -- is not in the current constitution

3 or will be taken out by things now under consideration by

4 this body I don't know. I could certainly check.

5

SENATOR KIDD: It is in the current law.

6

MR. PRATT: It is in the current law, but then that

7 would be essentially left to the decision of the General

8 Assembly, and that was not regarded to be so critical to the

9 elective process that it was required to have a place.

10 That was a decision which you may agree or disagree with,

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11

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but

it was

the

sense

of

the

article

committee.

@;i GOVERNOR BUSBEE: you took?

What was the other deletion that

14 ~
:tzo:

MR. PRATT: There is a reference to soldiers,

15 olI sailors and marines not gaining the right to vote in Georgia

~

:l

16 ~... solely by reason of their being stationed in the state .

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a 17 This was felt to be an obsolete provision.

18

Under current law if somebody is stationed in the

19 state and intends to make Georgia his or her home, then the

20 person becomes a resident of Georgia andis qualified to vote,

21 so the provision about being stationed in Georgia essentially

22 harkens back to an earlier time when those declarations could

23 not apparently so easily have been made.

24

There was a suggestion in the committee that it

25 dealt with the Reconstruction era when there were a lot of

PAGE 149

troops of the United States in the state and concern over the

2 impact they might have on elections. This is a situation

3 which, assuming there was a real problem at the time, it's

4 something which time has essentially passed by, and the

5 feeling is that people in the service of the United States

6 should be treated essentially the same as anybody else, if

7 they have established residence in Georgia, are of age, are

8 citizens of the united States, then their right to vote would

9 be regulated the same as a person who was not in the service

10 of the United States.

I think I mentioned all of the other rewrites and

deletions. If I missed one, I'll be happy to review the

article and make mention of it.

REPRESENTATIVE LEE: I move we adopt the section.

MR. PRATT: Oh, pardon me. Excuse me. Senator

Holloway is right to ask.

Evidently there's one other thing that is out.

18 There is a reference in the current constitution to the

19 privilege of electors from arrest, saying that there is this

20 privilege for voters going to or from elections. That

21 language is a privilege only from civil arrest. There is a

22 reference that says except for treason, felony and breach of

23 the peace.

24

That trilogy of terms has been construed as a unit

25 to mean that that covers all forms of criminal arrest, so the

PAGE 150

privilege is only from civil arrest, and it goes back to a time

2 early in the history of the country or the state when some

3 forms of civil process, some forms of lawsuits were commenced

4 by attaching the person in which you could hold the person,

5 the sheriff would take the person into custody, and that was

6 the start of a civil lawsuit between a plaintiff and that

7 person being a defendant.

8

That no longer occurs in the law, so that is an

9 obsolete provision and there is no need to bulk up the

10 constitution with that kind of provision.

GOVERNOR BUSBEE: Okay. You have heard the deletions

Now, the procedure will be that we will go through

the article committee's recommendations, vote on those. If

you have additions to the paragraph, which would include any

deletions you want to be inserted, we can make that motion at

the time of the completion of the consideration of these.

All right. Is there objection to proceeding on a

18 section by section basis on Article II?

19

If not, I'll entertain a motion on Section I.

20

A VOICE: So moved.

21

(Motion seconded.)

22

GOVERNOR BUSBEE: The motion is made and seconded.

23 All right. Is there any discussion on the adoption of all of

24 Section I?

25

Hearing none, Section I is adopted.

PAGE 151

Section II.

2

SPEAKER MURPHY: I've got an amendment to Section II.

3

GOVERNOR BUSBEE: All right.

4

SPEAKER MURPHY: Paragraph II, Section II. In

5 Paragraph II of Section II where you struck the word "two"

6 in line 32, I move that after :the word "designated" we add

7 "for the run-off," so that it will be clearer as to what

8 we're talking about that " .. for the persons designated in

9 the run-off shall be counted in the tabulation."

10

GOVERNOR BUSBEE: Do you follow that? It's kind of

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11

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technical;

it

just really is a matter of clarity,

"..

and

e;~ only those votes cast for the persons designated for the run-off shall be counted in the tabulation and canvass of the

! 14 l- votes cast."

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15 .:I

Senator Holloway.

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16 .~..

SENATOR HOLLOWAY:

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17 : it.

That probably would take care of

18

What is the law now if a person dies? What if one

19 of the two dies between the primary and the run-off?

20

A VOICE: Number three man moves up.

21

SENATOR HOLLOWAY: That would take care of it under

22 your language, wouldn't it?

23

REPRESENTATIVE LEE: You have to have an election

24 where you lose somebody.

25

MR. HILL: Mr. Chairman, the staff would recommend

PAGE 152

the last sentence of the recall provision in Paragraph IV

2

GOVERNOR BUSBEE: We're on this eliminating the

3 "two" and adding the words "for the runoff." Is that what

4 you're talking about?

5

SPEAKER MURPHY: We have already eliminated the "two. I

6 All I want to do is after the word "designated" add "for the

7 runoff."

8

GOVERNOR BUSBEE: Mel is talking about the addition

9 of those words by the speaker. Is that what you're addressing?

10

MR. HILL: I'm addressing another matter.

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11

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@;i one.

GOVERNOR BUSBEE: We'd better get through with this All right. Is there objection to adding the words

! 14 ... "for the runoff" after the word "designated"? The chair

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15 q hears none, they are added.

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16 .~..

All right. Is there objection to the adoption of

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17 g Section II as amended?

18

MR. HILL: One last thing. In Paragraph IV, this

19 last sentence on recall is unnecessary. This was a transitiona

20 sentence. This general law on recall has been enacted, no

21 local law can be enacted when a general law has been enacted

22 as it has, and this is unnecessary, and the staff would

23 recommend its deletion on page 2, the last sentence in

~ Paragraph IV.

25

A VOICE: I move we delete it.

PAGE 153

GOVERNOR BUSBEE: There's a motion made that we

2 delete it. Is there a second?

3

(Motion seconded.)

4

GOVERNOR BUSBEE: Discussion? If not, is there

5 objection? None being heard, it's adopted.

6

All right. Now, are there any other amendments

7 before we consider Section II?

8

Senator Holloway?

9

SENATOR HOLLOWAY: Mr. Chairman, I'm looking at the

10 current Article V and it gives me some concern personally.

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11 j: I would just as soon it be deleted as was the wishes evidently
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.. of the committee, but as I recall it concerns the sale of
e ; i liquor on election days, it precludes the sale of it.

! 14

As I recall, we addressed that situation in the

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15 ol) General Assembly this past term and passed a constitutional

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16 ~ amendment which only precluded it on general election days,

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17 : special elections, which eliminated referendums on bonds,

18 and I question us putting it up before the people --

19

GOVERNOR BUSBEE: What page is that in the present

20 constitution?

21

SENATOR HOLLOWAY: 11, Paragraph V.

22

GOVERNOR BUSBEE: What the senator is referring to

23 and you don't have that in front of you, but you have your

24 history. It's page 14, and it says "The General Assembly

25 shall be law forbid the sale of intoxicating drinks in this

PAGE 154

state or any political subdivision thereof on all days for

2 the holding of any election in the area in which such election

3 is held and prescribe punishment for any violation of the

4 same."

5

Now, what are you saying we passed?

6

SENATOR HOLLOWAY: What we tried to do was get this

7 same language, but we couldn't do it. We wound up as I

8 recall watering it down to the extent that it was just limited

9 by special elections, and we got it through the General

10 Assembly that way, but I wonder how many votes it's going to

11

"z
..joa..::..: cost

just

knocking

that

thing

out

of

there.

@;I GOVERNOR BUSBEE: the sale now.

You have a statute that prohibits

! 14 t;

SENATOR HOLLOWAY: A statute?

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15 .:J

GOVERNOR BUSBEE: You do have a statute I was told.

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16 ~...

MR. HILL: It's still against the law, it's just not

Qz

i 17 unconstitutional.

18

SENATOR HOLLOWAY: What did we amend in the last

19 session? Was it the constitution or a statute?

20

GOVERNOR BUSBEE: You have a statute on it now.

21

Unless there's a motion to put it in, it's been

22 covered by statute. Is there a motion?

23

Any other additions that you want to make?

24

Representative Ross.

25

REPRESENTATIVE ROSS: Mr. Chairman, would you go

PAGE 155

back to Paragraph II in Section II on line 29 it says "A

2 run-off election shall be a continuation of the general

3 election .. " Now, should we have anything in there about

4 primary election?

5

GOVERNOR BUSBEE: It's not an election, it's a

6 primary, but I defer

Jim? Did you hear the question?

7

MR. PRATT: In talking with Mr. Tidwell he makes a

8 point which makes sense to me that this really deals with

9 write-in candidates; you don't have write-in candidates in a

10 primary election.

III

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11 i=
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Now, again, as far as my personally having worked on

@ r l12 ~ this and saying, you know, that was in there for this reason, this is something that was moved from another article, and it

! 14 I::nc was probably put in this form by the Article V committee,

15 olI but I think what Mr. Tidwell says seems to make sense to me, III

'~" 16 .~.. and it may answer the question .

Dz

17 ~

MR. TIDWELL: That was the purpose for that

18 particular provision. It's just to make it clear that you

19 would not have a write-in candidate in the run-off, and that's

20 the only purpose that that language serves.

21

GOVERNOR BUSBEE: Representative Ross.

22

REPRESENTATIVE ROSS: Mr. Chairman, if that's the

23 explanation of it, then I think the editing of it ought to be

24 write-in in run-off elections.

25

MR. HILL: There's two things involved here. This

PAGE 156

is a limitation on the voting rights of someone, and it is in 2 Article V at the moment, and the reason why the Article V

3 committee moved it here is because it relates more to

4 elections and voting rights, and it says that you're only

5 allowed to vote in a run-off election if you were entitled to

6 vote in the general election so that it was clear that that

7 limitation would be a constitutional matter.

8

If you tried to provide for this by statute, this

9 limitation, it could be challenged because it would be a

10 limitation on the voting right.

All of the other election matters, including primary

voting, are provided for by law, by statute and were not

deemed of constitutional significance. You don't have to say

any more in the constitution about this issue than what is

right here.

GOVERNOR BUSBEE: Is there any other question on it?

All right. If not, on Section II of Article II is

18 there objection to the adoption as amended of Section II of

19 Article II?

20

If not, it is adopted.

21

A VOICE: That's all, Mr. Chairman.

22

GOVERNOR BUSBEE: That's it.

23

The Lt. Governor would like to announce his three

24 conference committees. The Speaker has already announced the

25 ones for the House.

PAGE 157

LT. GOVERNOR MILLER: The conference committee on

2 Section I, Paragraph V that relates to libel, Senator Barnes,

3 Senator Evans and Senator Littlefield.

4

On Paragraph XXV of section I that relates to

S spouse's separate estate, Senator Holloway, Senator Deal

6 and Senator Starr.

7

On separation of the church and state, Section II,

8 Paragraph VII, Senator Gillis, Senator Reynolds and Senator

9 Lester.

10

REPRESENTATIVE LEE: I have a question.

GOVERNOR BUSBEE: Representative Lee.

REPRESENTATIVE LEE: On the conference committees

that have been appointed, what time frame do they operate

under? When are they supposed to report progress, no progress

or what?

GOVERNOR BUSBEE: Six o'clock every Monday morning.

(Laughter.)

18

GOVERNOR BUSBEE: The speaker had an announcement.

19

We have one thing I must bring to your attention

20 now concerning the next meeting, the following meeting. Your

21 schedule calls for on June the 30th and July the 1st which

22 will be the next meeting that we consider Articles IX and Xi

23 then on July the 14th and 15th we would consider Articles

24 III, IV and V which need to be considered together.

2S

I have a letter, and the speaker and the lieutenant

.1

PAGE 157

governor have identical letters from the Association of

2 County Commissioners of Georgia saying that until recently

3 that they thought that this Article IX which is local

4 governments would be considered later in July, and now it's

5 presently scheduled to be heard on June the 30th. They're

6 requesting if we could change the order of this that they

7 would appreciate it.

8

I have conferred with staff, the speaker and the

9 lieutenant governor. Unless there is objection, we would

10 like to change the schedule to where on the same days we have

I:J
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11 j: the hearings, but we would switch the order of hearing these'
..o....

~ [2~ articles so that on June the 30th and July the 1st we would

~r~ hear Articles III, IV and V, and then on July the 14th and

! 14 15th we would hear IX and X.

t;

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..15 .:J I:J

Senator Kidd.

;:)

16 .~..

SENATOR KIDD: Governor, while we're talking about

oz

17 g changes, I know that you, the speaker and the lieutenant

18 governor have stressed very much the National Legislative

19 meeting here in Georgia the latter part of July, and we have

20 two of our meetings set up during that particular week.

21 I'm wondering if you would not want to move them forward one

22 week to possibly the 5th and 6th of August so it would not

23 interfere with some sixty people, and I'm sure everyone would

24 be in attendance according to your order at this particular

25 meeting.

PAGE 158

Are you going to listen to me, or are you going to

2 listen to Charlie?

3

GOVERNOR BUSBEE: Hold on just a minute.

4

(Pause. )

5

MR. HILL: I would like to remind you that the

6 meeting tomorrow begins at nine o'clock, and the subject is

7 Article VIII, Education. We will have a package ready for

8 you similar to the ones today on that article with the

9 proposals in it.

10

GOVERNOR BUSBEE: If we could be at ease just for a

.." 11

z
j: minute

@;;..o....

(Pause. ) GOVERNOR BUSBEE: Let me have everybody's attention.

! 14 ~ We are trying to resolve all these problems. I have been :z:
..15 ~ talking to a lot of the people about the fact that the
";;)
16 .~.. President is coming down, but what we would like to recommend Q .Zc
17 :: is let's go ahead with the existing schedule that we have and

18 we just suspend for it and work around it, and you will have

19 plenty of time for whatever you need to do in that meeting

20 over across the way.

21

The speaker just said we've got a problem with

22 switching the order of these things. They have already been

23 established, and some things have come up that it's impossible

24 for us to make the switch I was just suggesting, so unless

25 there's objection we'll go on with the schedule exactly as

PAGE 159

you published it and received it, and we'll go with that and

2 work around it.

3

Is there objection? All right, we'll go in that

4 order then.

5

Is there anything else that needs to corne before the

6 meeting today?

7

You're going to be on Article VIII tomorrow which is

8 Education. Take your notebooks back to the hotel and work

9 hard.

10

SPEAKER MURPHY: I would like to suggest that the

conference committees meet in the morning at eight o'clock

and work until nine where they can report to us back here at

nine o'clock in the morning.

GOVERNOR BUSBEE: You are aware now that we will be

convening -- since it's the second day you elected we convene

at nine o'clock on the second day of these meetings and ten

on the first, so we will start at nine o'clock in the morning.

18

Hold up just a minute before you leave.

19

LT. GOVERNOR MILLER: Let me make one change on one

20 of those conference committees. I think Senator Starr had

21 already left before I appointed him. Let me appoint Senator

22 Kidd in his place. That's on the spouse's separation of

23 estate. You will meet at eight o'clock in the morning.

24

(Whereupon, at 3:40 p.m. the committee meeting was

25 adjourned.)

INDEX Committee Meetings Held on Constitutional Revision Legislative Overview Committee Meeting Held on June 17, 1981

LEGISLATIVE OVERVIEW COMMITTEE MEETING, 6-17-81
Proceedings. pp. 3-9
PREAMBLE. pp. 9-17 ARTICLE I: BILL OF RIGHTS SECTION I: RIGHTS OF PERSONS Paragraph I: Life, liberty, and property. pp. 18-29, 103-116 Paragraph II: Protection to person and property, equal protection.
pp. 18-29, 78, 103-117 Paragraph III: Freedom of conscience. pp. 29-30 Paragraph IV: Religious opinions; freedom of religion. pp. 30-31
Paragraph V: Freedom of speech and oi the press guaranteed. pp. 31-32
Paragraph VI: Libel. pp. 32-34 (referred to Conference Committee) Paragraph VII: Citizens, protection of. p. 34 Paragraph VIII: Arms, right to keep and bear. pp. 34-35 Paragraph IX: Right to assemble and petition. p. 35 Paragraph X: Bill of attainder; ex post facto laws; and retroactive
laws. pp. 35-36 Paragraph XI: Right to trial by jury; number of jurors; selection and
compensation of jurors. pp. 117-124, 126 Paragraph XII: Right to the courts. pp. 36-41 Paragraph XIII: Searches, seizures, and warrants. p. 41 Paragraph XIV: Benefit of counsel; accusation; list of witnesses;
compulsory process. pp. 41-42 Paragraph XV: Habeas corpus. pp. 42-43 Paragraph XVI: Self-incrimination. p. 43 Paragraph XVII: Bail; fines; punishment; arrest, abuse of prisoners.
pp. 43-44 Paragraph XVII: Jeopardy of life and liberty more than once forbidden.
p. 44 Paragraph XIX: Treason. p. 44

Legislative Overview Committee 6-17-81 Page 2
Paragraph XX: Conviction, effect of. pp. 44-45 Paragraph XXI: Banishment and whipping as punishment for crime. p. 45 Paragraph XXII: Involuntary servitude. p. 45 Paragraph XXIII: Imprisonment for debt. pp. 45-46 Paragraph XXIV: Costs. pp. 46-48 Paragraph XXV: Status of citizen. p. 48 Paragraph XXVI: Exemptions from levy and sale. pp. 48-53 Paragraph XXVII: Spouse's separate propeity. pp. 53-63 (referred to
Conference Committee) Paragraph XXVIII: Enumeration of rights not denial of others. p. 63
SECTION II: ORIGIN AND STRUCTURE OF GOVERNMENT Paragraph I: Origin and foundation of government. pp. 63-64 Paragraph II: Object of government. pp. 64-65 Paragraph III: Separation of legislative, judicial, and executive
powers. pp. 65, 116-117 Paragraph IV: Contempts. p. 65 Paragraph V: What acts void. p. 66 Paragraph VI: Superiority of civil authority. p. 66 Paragraph VII: Separation of church and state. pp. 67-70 (referred to
Conference Committee) Paragraph VIII: Lotteries. pp. 70-76
(Public initiative. pp. 79-83)
SECTION III: GENERAL PROVISIONS Paragraph I: Eminent domain. pp. 84-94 Paragraph II: Private ways. pp. 94-95 Paragraph III: Tidewater titles confirmed. pp. 95-96 Adoption of Article I: pp. 124-125 (less paragraphs referred to
Conference Committee)

Legislative Overview Committee 6-17-81 Page 3
ARTICLE II: VOTING AND ELECTIONS SECTION I: METHOD OF VOTING: RIGHT TO REGISTER AND VOTE Paragraph I: ~ethod of voting. p. 130 Paragraph II: Right to register and vote. pp. 130-132, 148-149 Paragraph Ill: Exceptions to right to register and vote. pp. 132-139
SECTION II: GENERAL PROVISIONS Paragraph I: Procedures to be provided by law. pp. 140-141 Paragraph II: Run-off election. pp. 141-145, 151-152, 154-156 Paragraph III: Persons not eligible to hold office. pp. 139-140, 145-148 Paragraph IV: Recall of public official~ holding elective office.
pp. 96-103, 141, 152-153 Adoption of Article II. p. 156 Deleted provisions in the 1976 Constitution.
ARTICLE II, SECTION III: GENERAL PROVISIONS Paragraph I: Privilege of electors from arrest. pp. 149-150 Paragraph V: Sale of liquors on election days. pp. 153-154

MATERIALS CONSIDERED AT MEETING OF LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION'
AND SELECT COMMITTEE ON CONSTITUTIONAL REVISION HELD ON JUNE 17, 1981

T.

JVr".L~ '

FINAL. DRAFT

9

2

CO',(MIT!.EE To RE'I!SE ARTICLE

10

3

December 5, 1979

JI

4

CoNSTI TlIT I ON

13

5

OF !HE

14

6

STArE OF COROIA

15

7

PREAMBLE

17

8

To perpetuate the prlnciples of free government, 21

9 Insure justice to all, preserve peace, promoh the interest 22

10 and happlness of the citizen and of the family, and transmit 23

J I to posterity the enjoyment of liberty, we the oeoole of 24

12 GeorQla,. relyiOQ upon the protection and guldance of

13 Alm1'ghty Ood, do' ordaln and establlsh thls Consti tution.

25

14

ARTICLE I.

28

15

BILL OF RIGHTS

29

16

SECTION I.

30

17

RIGHTS of PERSONS

31

18

Paragraph I. Qye gro,e,,1 :qyal prote,tioo. No

19 person shall be deprived of Ufe, liberty, or property 35 20 without due process of law; nor be denied the equal 36

21 protection of the laws, nor be denied the enjoyment of civil

22 rights or discriminated against In the exercise thereof 37

23 because of race, sex, national origin, re l1g10n, or 38

24 ancestry,

25

Paragraph II. ~egom of ,o05,1-oc,. Each person 40

26 has the natural and inalienable rlght to worship God, each 41

27

a~cordiog to the dictates of that person's own consci~nc"l 42

28 and no human authorlty should, 10 any case, cootrol O~ 4."3

29 interfere wlth such right of conscience.

30

Paragraph IrI. Rel1g1g!lS opiO'ooct

45

31 religigo. No inhabltant ot this State shall be molested io 46

32 person or property or be ~~ohibited from holding any public 47

- I-

office or trust on account ~f re11g10us op1n10ns; but the 48

2 r1;ht 01' freedom 01' re11Q10n shall not be 50 construed ~s to

3 excuse acts of licent10usness or Justity oractices 49

4 inconsistent With the peace and safety 01' the State.

50

5

Paraqraph IV. Fr-,dom of 5P-e bb and of tbe pre" 52

6 :;luT,nt-ag,. No law shall be passed to curtail or r~strain 53

7 the 1'reedom of speech or 01' the press. Every oerson may 54

8 speak, write, and publish sentiments ~n all subjects but 55

9 shall be responsible tor the abuse 01' that liberty.

10

Paragraph V. L1bal. In all civil or criminal 57

II actions tor libel, the truth may be Q1ven in evidence. and, 58

12 it it shall appear to the trier of fact that the matter 59

13 charqed as libelous is true, the party shall be discharged. 60

14

Paragraph VI. C1t1zen,. grotebt1gn ~. All 62

15 citizens 01' the United States, resident 1n th1s St.ate, are 63

16 hereby declared 'cit1zens of this State. and it shall be the 64

17 duty 01' the Oeneral Assembly to enact such laws as will 65

18 protect them in the _tull enjoyment of the ri~hts,

19 privileges, and immunities due to suchcit1zenship.

66

20

Paraqraph VII. Arm,. 'right tg "-'g :!Cd ba"". The 68

21 right of the people to keep and bear arms sball not be 69

22 infringed, but the General Assembly sh.all have power to 70

23 prescribe the ~anner in wh1ch arms may be borne.

24

Paragraph VlrI. R1ght to "ambl- ,nd gotltlpn. 72

25 The people have the r1ght to assemble peaceably tor their 73

26 common good and to apply by pet1tion or remonstrance to 74

27 those Yested with the power~ of QOvernment tor redre.'!s of

28 grievances.

29

Paragraph r~. Bill of attainger, .x post ~ 76

30 law" ond retrpetly, l~. No bill of attainder, ex post 77

31 tacto law, retroactive law, or laws impairing the cbliQation 78

32 of contract or makinQ irrevocable grant 01' sP",CiH 79

33 pr1vileges or immunities shall be passed.

34

Paragraph X. R1,ht to the bPyrts. ~o person sh~ 11 61

35 be deprived 01' the ri;ht to prosecute or defend, ~it~er in 92

- 2-

J(

per~on or by an attorney, that person's own cause in any ot 83

2 the courts ot this State.

3

Par!Qraph XI. s."rcb'$. :a_iZ'Jros. and wa,.....'ots. 85

4 The ri~ht ot the people to be secure in their persons, 86

5 houses, papers, and ettects against unreasonable searches 81

6 and se.izures shall not be Violated; and no Wi!rrant shall 88

1 issue except upon probable cause suooorted by ~ath or

8 attLrmation particularly ducri.bing the place or places to 89

9 be searched and the persons or things to be seized.

90

10

Paragraph XII. 8enaf1t of CQy03ell ,CSY3-tignl 92

J1

93

12 person charged wi th an o.tfense against t'he laws ot this 94

13 State shall have the privilege and beoet~t ot counsel; shall 95

14 be furnished with a copy ot the accusation and, on demand,

15 with a list ot the witnesses on whase testimony such charge 96

16 is founded; shall have compulsory process to obtain the 97

J 7 testimony ot that person's owo witne.sses; shall be 98

18 contronted with the witne~ses testitying against such

19 person; and shall have a public and speedy trial by an 99

20 impartial jury.

21

Paragraph XIII. Habeu ,gratis. The writ ot habeas 101

22 corpus shall not be suspended unless, in ease ot rebellion 102

23 or invasion, the public satety may reQuire it.

24

Paragraph XIV. Salt-incriminatloo. ~o person 104

25 shall be compelled to give testimony tending in any manner 105

26 to be selt-incriminating.

21

Paragraph XV. Bai 11 tines! punlcbment!

107

28 aby" 2t pr13Qo-r,. Excessive bail shall not be required, 108

29 nor exces~ve tines imposed, nor cruel and unusual , 09

30 punishments intlicted; nor shall any cerson be abused in

31 being arrested, while under arrest, or in prison.

J 10

32

Paragraph XVI. JeQQa~dy 9' lit, gr libA~~v ]q~Q "-2

33 than gnce tgrplgdeo. ~o person shall be put in Jeop3r=y ~t 113

34 11te or liberty more than once tor the sa~e of tense exce~t , 14

35 when a new tri~l has been granted atter conviction or in 113 36 case ot mistrial.

- 3-

Paragraph XVII. Ir'03Qo. Treason agalnst the 117

2 State 01' Geor;U shall consl.st 01' lnsurrectlon agalnst the J 18

3 State, adherlnQ to the State~s enemles, or Qlvlnq them ald 119

4 and comtort. No person shall be convlcted 01' treason e~cept 120

5 on the testlmony 01' two wltnesses to the same overt act or

6 eontesslon in open court.

121

7

Paragraph XV I I I Cgoy1 Stian, ett-,t -!J.t.. No 123

a conviction shall work corruption 01' blood or tort4ltur. 01' 124

9 estate.

10

Paraqraph XIX. Bonishment ,nd whIppIng O~ 126

J 1 pynlshment tor sr1m,. NeIther ban1shment beyond the limIts 127

12 01' the.State nor whipR1nq shall be allowed as a punishment 129

13 tor crime.

14

Paraqraph XX. Iayg! ynt UY ",nUpd.. There sha 11 130

J 5 be no 1nvoluntary servltude w1thln the State 01' Geor;1a 131

16 except as a punishment tor crlme atter legal convlction 132

17 thereot or tor contempt 01' court.

la

Paragraph XXI. Impr1 sgnm-ot t0L:. d:bt. There sha 11 134

19 be no imprlsonment tor debt.

20

Paragraph XXII. ~. No person shall be 136

21 compelled to pay costs in any cr1minal case except atter 137

22 conv1ction on tinal trial.

23

Paraqraph XXIII. Sutq~ at tbe ,.!tlt-c. The 139

24 soc1al status 01' a citlzen shall never be the subject 01' J 40

25 leqislation.

26

~ara9raph XXIV. fr-mptlons ttom l:yy ,nd ,.1'. 14:2

27 The General Assembly shall protect by law trom levy and sale 14)

28 by virtue 01' any process under the laws ot thls State a 144

29 portlon 01' the property 01' each person in an amount 01' not 145

30 lass than $1,600.00 and shall haya authorlty to detine to

31 whom any such additlonal exemptions shall be allow'd; to 146

32 spec1ty the amount 01' such exemptions; to provide tor the 147

33 manner 01' exempting such property and tor the sal.; 149

34 alienation, and encumbrance thereot. and to provide tor the

35 waiver 01' said exemptlons by the debtor.

t 49

- 4-

Paragraph XXV. Spouse', , .. parate '"stFlte. The 15 I

2 separate property of each spouse shall remain the separate 152

3 property of that spouse except as otherwise provided by 153

4 statute.

S

Paragraph XXVI. Enymuiltigo of rights not denial 155

6 of gthers. The enumeration of rights herein contained as a 156

7 part of this Constitution shall not be construed to deny to 157

8 the people any inherent rights which they may have hi therto 158

9 enjoyed.

10

SEC1'ION I I.

161

JI

ORIGIN AND STRUCTURE OF OOVl:RNMENT

162

12

Paragraph I. Origin ocd fg!lodettgn Of ?au"nm,nt. 165

13 All government, ot right, originates with the people, is 166

14 founded upon their will only, and is instituted solely tor 167

15 the good of the whole. Public officers are the trustee~ and 168

16 servants ot the people and are at all times amenable to

17 them.

18

Paragraph II. (1bfect of goy.remaot. The people ot 170

19 this State have the inherent right ot r!gulat1ng their 171

20 internal government. Government 1s instituted for the 172

21 protect10n, security, and benet1t ot the people; and at all 173

22 times they have the right to alter or retorm the same

23 whenever the public good may require it.

174

24

Paragraph

III.

~.lguotlgn...oL- legislative' 176

25 ludlchl, and uecytive aowers. The leg1s1ative, judicial, 177

26 and execut1ve powers shall forever remain separate enrl 178

27 dist1nctl and no person discharging the duties ot one shall

28 at the same time exercise the funct10ns ot either ot the 17~

29 others except as herein prOVided.

30

Paragraph IV. CQnte~gt5. The power ot the courts 181

31 to pun1sh tor contempt shall be limited by legislative ects. 182

32

Paragraph V. What oct, voId. Legislative acts in 134

33 violat10n of this Const1tut10n or the Constitution of the 18S

34 United States are v01d, and the JudiCiary shall so declare 186

35 them.

- 5-

Parac;rapn VI. Syoar19rft., gt 1:111.1 ,,,tharBy. The 188

2 civil authoTity shall be suoerior to the military.

189

3

Paragraoh VII. Sepantioo at Ghlm:h and StU-. '10 191

4 money shall ever be talcen trom the public t.reesury, directly 192

5 or indirectly, in aid ot any church, aect, cUlt, or ly3

6 rel1gious denomination or at any sectarian institution; nor 194

7 shall any public property ever be appropriated tor any such

6 purpose.

9

SECTIoN III.

197

10

QSNERAL PRoV I SIcmS

198

II

Para;r'Sph I. emInent domain. Cal Private 201

12 property shall not be talcen or damaged tor public purposes 202

13 Without just and adequate compensation being paid in the 203

14 manner and at the time provided by law. The General

15 Assembly shall provide by law tor the payment by the 204

16 condemnor at r~asonable expenses incurTed by the condemnee 205

17 La determiniOQ just and adequate compensation.

16

(bl The General Assembly shall by law requir~ the 207

19 condemnor to ma~e prepayment against adequate comoensation 208

20 as a condition precedent to the exer~isa at the ri~ht at 209

21 eminent domain and shall provide tor t~e disbursement at the

22 same to the end that the rights and eauities at the property 210

23 owner, lien holders, and the State and its subdivisions may 2JI

24 be protected.

25

(cl Notwithstanding any other provision at the 213

26 Constitution, the General Assembly may provide by law tor 214

27 relocation assistance and payments to persons displaced 215

28 through the exercise at the power of eminent domain.

29

Paragraph II. P~1y,t, way,. In case ot necessity, 217

30 private ways may be granted upon just compensation b.ing 219

31 first paid by the aoplicant.

32

Pareqraph III. ~t,~ t~tl., ~gnt~~~.~. T.~. 22J

33 Act at the General Assembly acproved OecembAr' I~, 1~02, 221

34 which extends the t1 tle ot ownershi~ ot lands abutting "0 222

- 6-

,

tidal water to low water mark, is hereby ratified and 222 2 c ont..! rme d.

3

SEcn ON I V

225

4

RECALL

226

5

Paragraph r. Req!! Of Pub!lc officials ho 1dlQg, 229

6 e 1,ctly!! ott.1sa.. The -General Assembly is hereby authorized 230

7 to provide by ~eneral law tor the recall ot public ott1clals 231

a who hold elective ottice. The procedures, grounds. and all 232

9 other matters relative to such recall shall be provided for 233

/0 in such law. On the date any such law becomes e ttec t1 ve,

J I all local laws relative to recall shall stand repealed and 234

12 no local law relative to recall shall be enacted atter such 235

J3 date.

- 7-

FINAL DRAFT
COMMITTEE TO REV~SE ARTICLE I

December 5, 1979

COlISTITUT 10"/

9

2

of THE

10

3

STATE OF GEORGIA

11

4

i3

5

1., To oer"etuats t~9 ~rinci:)les of free gove "'11"'~n.:,

6

insure .Justice to all, ;:>reserve oeace, pro~ote the intRrec;t 17

7

and ha:)piness of tn'!! citizen aod ...,t t,,~ t.a:ll.~, '!n:l transJ'1it

8

to ~osterity the ~nJov,e~t ~t li~erty, we the neo~le ~t

19

9

10

!\lmi~hty God, 10 ordain anc establish this ConstitlJti~n.

21

11

ARTICLE I.

23

12

BILL OF ~ WHTS

24

13

SE~rr()N I.

14

RIGHTS OF PERSONS

21)

15

Paragraph I.

16

17

31

20

21

22

23 Eaer g,.s?n ha'i the. natt!~al and inalienable ri':]ht tn ../orshi"

24

God, 'lach according to the dictatss ot ~~ lML~'l~"""'\'" ,.,..,.,

25 conscienceTl. 3nd :10 hu."an authority should, in '!nv C3~H,

26

control or int3rfer~ with s~~h ri;ht of conscience.

27 2d

.-,,

29

inhabitant of this St~te shall be molested in nqrson or

30 property, or ~ prohibited tro~ hnlding any public "ffice,

31

or trust, on account of ~M n~l1giouc; "pi nionSl b'Jt t"le

32

33

so const?,,'jOd 35 t.., e~cuse c~ts of !icF!ntiot.!snq~s, or JIJstity

- 1-

practices inc~nsistent with t~e pe~ce and 5at~ty ot tn~ ~7

2 ;:itate.

3

4

1"' . . . _ ......=._a.:.. ...~

:: .... -et~ ....,......,

,...1'

~""'I~~r~

of' ... ~c:\ O""\r~t"'~ ..... .." .... ~P"ilr~o;

-- - " ' - '- ' - ' ~.....:...---..-------..-~-----

.-----~'-"'------

5

No law shall ~e~ bR o~s5~d to curtail. or rA~train the '51

,6

7

~very ?erson ~~y 5peak, ~rite. and oublish ~~ 5~nti~~nt5T 5'3

a

on all sUbJects.-~&~~ ~ S1~11 ge resoonsibl-. tor th~

9 abuse ot that liberty.

55

10

56

.11

12

13

14

Para~rap~ H ti. Citizt'!os. vrQt~;;ti?n li.

6\

15 citizens of the United States. resident in this StRte, ~re 62

16

hereby declared citizens of this State.~ and it sh~ll bp. t~t'! 63

17

duty ot the General Asse~bly to enact suc~ l~~s a~ ~il1

10

protect them in the fUll enjoy~ent of t~q rionts,

19

priVileges. ~nj immunities ~ue to such citiz"~5~1~.

20

Parag:"a9h .~. Arcs. p Uht.-12_ !.;'?,,, ~ ~ . -.:: I

21

Th. right of the people to keeo ~nd bear armST s~~ll not be

22 infringed, but the General Assembly shall have 00'-/111'" to

23 prescribe the manner in which arms may be borne.

70

24

71

25 rhe people have the ri1ht to assemble peaceably tor their 72

26

73

27 those vested with the powers of government tor redre~s nt

28

7:;

29

30

77

31

73

32

facto law, retroactive law. or rew ~ lmpairin~ the

33

SJ

34

grant of sp3ci31 privile;es or i~munitip~. 5hall be ~a~sqj.

- 2-

2

:~t~tr--~~~~-~~~~e~~~~~~~-+~4+~~~~~-~~p--~~~r--~~

3

f:~"!'l-~'f'-&&~t-... e-~-!-~-E!'~tte-~~+-~~-~e---jtt!"'~-~~-a-+t--e-!"'~t-~;;T

d4

4

E!'~.--~~e~~--5e--~~&-~&~~~-~~-;~~~e-~~-~~e~r-~

6

&~~...!-&~t-e~-!-~~~~~...~

37

7

1-* Paragraph

,X. Rig,t to the cQurt- 5 ~ ;-10 oe r!'lon Be

a shall be deprived of the right to pro5ecute or defe~d~ 39

9 either-i.lL ?ersno "r by an attQrney. ~~ t"'3t Q~rC:1")1'5 o;,/n 90

10

cause in any of the cpurts of this State'--!-~~~~~~T-~1

II

e~~~!"'~1;-e!"'~~~.

92

12

* Xl. ?aragraph

~~rche5. c:~izure!'l. ~n? w~rr~~.

93

13 The right of the people to be secure in their parsons, ;14

14 nouses, papers, and effectsT against unreasonable searches 95

15 and seizuresT shall not be Violated; and no warrant sh~ll

16 issue except upon prooable causeT suaported ~y oathT or

17 affirmationT particularly describing the place. or ,lacesT

18 to be searchedT and the carsons or things to be saized.

19

Paragraph 4 ill. BaMf! t of CQunc:e 1 j ~ccUc:a.U.Qlli I'})

20

list of witoessa!'lj CQDoulC:Qry prgcec:~-tr1al~~. Every 101

21

person charged With an offense against the laws of this 'O~

22 State shall have the priVilege and benefit of counsel; shall , 01

23

be furnished~~~~eA~with a copy of the ACCusAtion. ~nd~ 104

24 on demand. ,,,1 ttl a list of the witnesses on \'/hose tes ti "lOny

25

trft& ~ charge e~e!-~l!--Fr!-llt is founded; s'"la 11 h~v .. 10';

26 compulsory process to obtain the test imony of i'l~ t'l''!r !')'S

27 , person's own witnesses; shall be confrontp.d wit:1 the 107

28

witnesses testityin~ against i'l~ ~~~QD; and s~AIl h'3ve IO~

29 a public and speedy trial by an impartiAl Jury.

1001

30

u..u.. Paragraph *H

l{ahe~s CoPyc:. The~rit of

111

31

Ha&eo3:!t~~~l:I~ tubuc; cgrpus shall not be sus09nded IJQ1,"$<;.

111

32 .1.0.. case of ieba lli'J.C.-2 r loV;3c:iQO, tb~ ?ubl1c ;,hb'~ 112

33 tegy1re it.

III

34

Paragraph *;H llY,.

35

113

- 3-

to give testimony tendin? in any .,anner to e!"1-"'t1-_~-#t+-~~'" II')

2

117

3

Paragrapn ... ~" 't.Y,.. 81'111j tipa,q "'IJQi<:;:Y1'\~n!-j ,)r"'~ , I ~

4

ablJ"~ 2L..!lWTi"!"'S.. c~cp."<:;ive bail shall not be requirg,j, 1 l:;l

5

nor excessiv9 fines imposed, nor cruel an~ lJnusu~1 12')

6

ounis~ments inrlicteJ; nor shall any pprson he ~bus~j in 121

7 oeing arrested, wnile under arrest, or in pri50n.

In

8

m. Paragnph *:,1

,,.0Qardv aLUf"! nr l1o"rtv ,..,"',.... 123

9 Wll-.Qnc" !gr')1,",.d'lO. No O'lrson shall be put in Jeopardy of 12.1

10

lifA or liberty '1ore than once for the same offans"!T-~~~~~ 125

II

~1-~T~~-~~~~-~~~R-~!" except when 1'1 new trial has ?p"n I'-~

12 Qrant~d after convictionT or in case of mistrial.

123

13

Paragraph. ~~~. Irpa<:;Qo. Trp.1'Ison a~1'I1nst tne 12 :;l

14

State ot OeorgiaT shall consist ~~&~~~~--w~~ ~ 13')

15

insytr~~tion against ~~ ~ State. adherin~ to ~~ ~ 111

16

State'~ enemies+~ giving them aid and comfort. No oerson 112

17 shall be convicted ot tr.easooT except 00 the testi~nnv of I ~l

IS two '<(itcesses to the same overt actT nr confe .. s1("l!1 1:"1 ooen 11.1

19 court.

115

20

*"H Paragraph

XY.lll.. Conv 1r;.t1..Q.ll. P. ff .. ct Qt. ~:o 115

21 conviction shall wo,rk corruption of'bloodT or forfeiture of 117

22 estate.

I3g

23

Paragraph *HH W.Ban1soma.cL-AQ;L ':/b1?p:'ng U 139

24 oun1shment fot...~11'" :Jeither banishment beyond the l1"lits 14')

25

of tne StateT nor whiopin~~&~-&-~~~~~~~-~~~!"~shall 1.11

26

a5 be allowed

3 puoi"b~eot for cr1~",

143

27

Paragraoh *H

28

29

1~wolunt1'lrv

14~

30 servitudeT--9'a:'Ht with1p tj" StOlt.. lJ.L.Qa!2tJ1'! 'l'(r;,,'ll. '!s "! 147

31

ounishment for cr1me af~er legal conviction t~ereof ~~~

32

14:)

33

m. Paragraph ~*

[mpr15?O~PD- f~t~. Thera

15)

34

shall be no imor1son~ent for debt.

152

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3 contained as "3 p;,rt o.t this Constitution sh311 n.,t hI'!

4 construe':i to :lon, t~ t:1e oeoole any i ronerent ri:, ,ts "I'lie.,

5

they may hav~ hitherto enjoyed.

6

SECfIoN r I.

1;11

7

ORIGIN AND SnTJCT1JRE DF GOVERN'lE'/T

a

9

All government, of right, or:ginat~s with the oq~pl~, 15

10

found9d uoon their will only. and 15 institut9d sol~ly tOT

11

the good of the ,w:101e. Public ofticE'lrs Bre th"! tru5t~as :'I~d

12

servants of the oeopleT and ~ at all times~ amE'!na~le to

13 them.

14

2')')

15

rhe people or this State have thE'! inherentr-~r~~ 2')1

16

17

Id

20

21

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22 public gOQd may DaVir" it.

207

23

24

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211

26

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212

27

21,

28

judic13'. 30d e'l'oc'rtlyE'l ?Q,e"'~. The lec;islative. Ju:Hci~l. 21 A.

29 and executive Dowers shall forever remain Sep"3Tntp. ~nd 21'3

30 distinctT1. and no cerson dischargi nq the dutiqs,f Ono.T .~15

31

shallT at the Sa"l9 timeT e'(qrc isa the functions of ai th~r of

32 the otherST except as herqin orovidad.

219

33

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34

~~~ C~'lr;;~ t.:l :-unish for cont9"1ot snall be li'!11t'!:i ~Y' ~21

35

le~islative acts.

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262

a

SECTION rrr.

9

GENERAL PROVISIONS

10

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- 10 -

SECfION IV.

345

2

RECALL

347

3

Para;r3ph 1. '~eq" it Q'!:;llli-2ffi,:~~~ "'''''-F''''"' 150

4 electiyA gfticA. ine General Assembly is hereby authorized 151

5 to orovide by ~eneral law t"r the rec'311 .of oubUc offici"!l!'; 3'5~

6 Who hold elective otfice. The procedures,. groundc; ... 'lnd i'lll 351

7 other matters relative to such recall shall be orovide1 for 354

8 in such law. On ,the date any sllch la~1 becomes effective,

9 all local laws relative to recall shall stand reoealed T i'I~d 35';

10 no local law relative to recall shall be enacted i'lft~r such 3"i5

.II date.

,

- .11 -

PRESENT PROVISION Preamble Article I, Section I, Paragraph I
Article I, Section I, Paragraph I! Article I, Section I, Paragraph II!
Article I, Section I, Paragraph IV
Article I, Section I, Paragraph V

CROSS-REFERENCE TABLE ARTICLE I BILL OF RIGHTS

PROPOSED PROVISION Preamble Article I, Section I, Paragraph I
Article I, Section I, Paragraph II Article I, Section I, Paragraph III
Article I, Section I, Paragraph IV
Article I, Section I, Paragraph VI!

CHANGES
The proposed Preamble adds ~he phrase " ... and of the family . " after the phrase " ..happiness of the citizen.. "
1. Title of paragraph has been changed from "Life, Liberty, and Property" to "Due Process; equal protection".
2. A phrase guaranteeing equal protection of the laws, and a phrase prohibiting discrimination on the basis of race, sex, national origin, religion, and ancestry have been added. There is no "equal protection" provision in the present Constitution, but present Article I, Section II, Paragraph III does provide that '~rotection to person and property .. shall be impartial and complete".
No change.
1. Title to paragraph has been changed from "Religious Opinions; Liberty of Conscience" to "Religious opinions; freedom of religion" .
2. Within the provision, the term. "liberty of conscience" has been changed to "freedom of religion".
1. Title to paragraph has been changed from "Liberty of Speech or of the Press Guaranteed" to "Freedom of speech and of the press guaranteed".
2. Within the provision, "liberty of speech" has been changed to "freedom of speech", and "any person" has been changed to "Every person".
No change.

lRESENT PROVISION Article I, Section I, Paragraph VI Article I, Section I, Paragraph VII Article I, Section I, Paragraph VIII
Article I, Section I, Paragraph IX
Article I, Section I, Paragraph X Article I, Section I, Paragrpah XI

. CROSS-REFERENCE TABLE ARTICLE I BILL OF RIGHTS

Page 2

PROPOSED PROVISION Article I, Section I, Paragraph VIII Article I, Section I, Paragraph IX Article I, Section I, Paragraph V
Article I, Section I, Paragraph X

CHANGES
Minor reorganization of senttence.
Title changed from "Attainder; Ex Post Facto and Retroactive Laws, etc: to "Bill of Attainder; ex post facto laws; and retroactive laws."
1. Title changed from "Libel; Jury in Criminal Cases; New Trials" to "Libel".
2. Proposed provision includes civil as well as criminal libel. The present provision covers only prosecutions and indictments.
3. The proposed provision includes a statement which effects truth as a complete defense.
4. Proposal deletes statement making the jury judges of the law and the facts.
5. Proposal deletes second sentence which preserved the power of judges to grant new trials.
Proposed provision gives all persons the right to either represent themselves in court or be represented by an attorney. Present provision allows both the attorney and the individual to present themselves as co-counsel in a case.
This paragraph has been changed to preclude a person from asserting a constitutional right to serve as co-counsel in one's own defense. Under this proposed change a person would still be able to serve as co-counsel, but at the discretion of the trial court rather than as a matter of constitutional right.

Article I, Section I, Paragraph XI
Article I, Section I, Paragraph XII

No change.
Proposed provision requires that a person accused of a crime must be furnished a copy of the accusation, without demand.
Present provision requires that a persons must demand a copy of the accusation before it is furnished.

~RESENT PROVISION Article I, Section I, Paragraph XII
Article I, Section I, Paragraph XIII
Article I, Section I, Paragraph XIV Article I, Section I, Paragraph Y0l
Article I, Section I, Paragraph Y0l1 Article I, Section I, Paragraph Y0lII Article I, Section I~ Paragraph Y0lII1 Article I, Section I, Paragraph XIX
Article I, Section I, Paragraph XX

CROSS-REFERENCE TABLE ARTICLE I BILL OF RIGHTS

Page 3

PROPOSED PROVISION Article I, Section I, Paragraph XIII
Article I, Section I, Paragraph XIV
Article I, Section I, Paragraph Y0l Article I, Section I, Paragraph XVI
Article I, Section I, Paragraph Y0l1I
Article I, Section I, Paragraph Y0l1I1 Article I, Section I, Paragraph XIX

CHANGES
Proposed provision adds language to reinstate the historic exception to the provision that permits suspension of the writ of habeas corpus when "in case of rebellion or invasion, the public safety may require it" ..
1. Title changed from "Crimination of Self Not Compelled" to "Selfincrimination',' .
2. Within the provision, "criminate himself" has been changed to "self-incriminating".
No change.
Proposed provision prohibits double jeopardy, except when a new trial has been granted after conviction or in case of mistrial.
Present provision prohibits double jeopardy, except upon motion for a new trial or in case of mistrial.
Proposed provision changes the words "levying war" to the word "insurrection" .
No change.
Minor reorganization of sentence.

Article I, Section I, Paragraph XX
Article I., Section I, Paragraph XXI

1. Title changed from "Slavery and Involuntary Servitude" to "Involuntary servitude".
2. The word "slavery" has been deleted from the provision.
3. Proposal authorizes the imposition of involuntary servitude as a punishment for contempt of court.
No change.

?RESENT PROVISION Article I, Section I, Paragraph XXI Article I, Section I, Paragraph XXII Article I, Section I, Pargraph XXIII
Article I, Section I, Paragraph XXIV
Article I, Section I, Paragraph XXV Article I, Section II, Paragraph I

CROSS-REFERENCE TABLE ARTICLE I BILL OF RIGHTS

Page 4

PROPOSED PROVISION Article I, Section I, Paragraph XXII Article I, Section I, Paragraph XXIII Article I, Section I, Paragraph XXIV
Article I, Section I, Paragraph XXV

CHANGES
Proposed provision clarifies, that this provision applies only to criminal cases.
Proposed provision changes "the citizen" to "s. citizen".
1. Proposed provision gives every person at least a $1,600 property exemption from levy and sale, and authorizes the General Assembly to provide additional exemptions. Present provision gives a $1,600 property exemption to certain persons only, including every head of a family, every aged or infirm person, and every persOn who has support of a dependent female.
2. Proposed provision has deleted the last sentence, stating: "The Laws now of force with respect to the exemptions provided herein shall remain in full force until changed by law."
1. Title changed from "Wife's Separate Estate" to "Spouse's separate estate".
2. Proposal provides for the separate property of each spouse "except as otherwi/Je provided by statute". The present provision delineates the separate property of the wife.
3. Proposed provision deletes statement which protects wife's property from debts of her husband.

Article I, Section I, Paragraph XXVI
Article I, Section II, Paragraph I

No change. No change.

PRESENT PROVISION Article I, Section II, Paragraph II
Article I, Section II, Paragraph III
Article I, Section II, Paragraph IV Article I, Section II, Paragraph V
Article I, Section II, Paragraph VI

CROSS-REFERENCE TABLE ARTICLE I NILL OF RIGHTS

Page 5

PROPOSED PROVISION Article I, Section II, Paragraph II
Article I, Section II, Paragraph II
rticle I, Section II, Paragraph III Article I, Section II, Paragraph VI
Article I, Section II, Paragraph IV

CHANGES
1. Title changed from "State Rights" to "Object of Government';.
2. Proposal changes the words "inherent, sole, and exclusive right" to "inherent right".
3. Proposal deletes the words "and the police thereof".
4. The proposed provision changes the phrase "and of altering and abolishing their Constitution whenever it maybe necessary to their safety and happiness" to "and at all times they have the right to alter or reform the same whenever the public good may require it."
1. Proposed Paragraph II incorporate, much of the language of present Paragraph III. The proposed provision changes "Protection to person and property is the paramount duty of government" to "Government is instituted for the protection, security, and benefit of the people".
2. The proposal deletes the words "and shall be impartial and complete", because proposed Article I, Section I, Paragraph I mandates all persons be given equal protection of the laws.
Title changed from "Legislative, Judicial, and Executive Powers, Separate" to "Separation of legislative, judicial, and executive powers".
1. Title changed from "Civil Authority Superior to Military" to "Superiority of civil authority".
2. Proposal deletes the statement which prohibits the quartering of soldiers in private homes.
No change.

.?RESENT PROVISION Article I, Section II, Paragraph VII
Article I, Section II, Paragraph VIII Article I, Section II, Paragraph IX Article I, Section II, Paragraph X
Article I, Section II, Paragraph XI
Article I, Section II, Paragraph XII

CROSS-REFERENCE TABLE ARTICLE I BILL OF RIGHTS

Page 6

PROPOSED PROVISION Article III, Section VI, Paragraph IV(a) and IV(c)
Article I, Section II, Paragraph V Article I, Section I, Paragraph VI Article I, Section II, Paragraph VII
Deleted
Deleted

CHANGES
1. Title changed from "Gene;ral Laws; Uniform Operation; How Varied" to "Limitations on special legislation".
2. Proposed Article III, Section VI, Paragrap~ IV(a) changes the words "no special law" to "No special or local law".
3. Proposed Article III, Section VI, Paragraph IV(c) prohibits any "special law relating to the rights or status of private persons" to be enacted. Present Article I, Section II, Paragraph VII allows special legislation to affect private rights, if consent is given by the affected persons.
No change.
No change.
1. Title changed from "Appropriation~ to Churches, Sects, Etc., Forbidden" to "Separation of church and State".
2. Proposal adds "cult" to list of forbidden recipients, and changes the term "denomination of religionists" to "religious denomination".
3. Proposal adds the clause "nor shall any public property ever be appropriated for any such purpose" .
This paragraph is covered in Georgia Code Chapter 26-27 on Gambling ~ Related Offenses and in Georgia Code 88 92-621 through 92-633 and 92-9983 on "Bingo Games".
This paragraph is covered by Georgia 47-1001 through 47-1006 which provide for the registration of lobbyists and penalties for non-compliance and define what activities are prohibited.

PRESENT PROVISION Article I, Section II, Paragraph XIII
Article I, Section III, Paragraph 1(1.) first sentence Article I, Section III Paragraph I (1.) second sentence
Article I, Section III, Paragraph 1(1.) third sentence
Article I, Section III, Paragraph 1(2)

CROSS-REFERENCE TABLE ARTICLE I BILL OF RIGHTS

Page 7

PROPOSED PROVISION Deleted
Article I, Section III, Paragraph II

CHANGES
This paragraph is covered by" Georgia Code Chapter 26-17 on Deceptive Practices and in Georgia Code Chapter 8-4 on Attachments Against Fraudulent Debtors.
No change in sentence relating to the granting of private ways.

Article I, Section III, Paragraph I(a)
Article I, Section III, Paragraph I(b)
Article I, Section III, Paragraph I(c)

The proposed paragraph authorizes the General Assembly to provide the manner and time for the payment of compensation in cases of eminent domain. The present provision guaran tees that just and adequate compensation be first paid, except under certain circumstances. The proposed paragraph requires the General Assembly to provide by law for the payment of reasonable expenses incurred by the condemnee in determining just and adequate compensation. The Committee felt that as a mstter of public policy the State should be required to pay such expenses in all cases. The State is not obligated to make such payments under present law.
The proposal requires the General Assembly to provide by law for prepayment by the condemnor against adequate compensation as a condition precedent to the exercise of the right of eminent domain in all cases. Under current law the condemnor is required to make such payment only under the "declaration of taking" method of condemnation; used when private property is taken for "public road and street purposes" or for "public transportation purposes".
The proposal authorizes the General Assembly to provide for relocation assistance to persons displaced by the exercise of the power of eminent domain. The present provisions on relocation assistance are tied to the federal "Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970"; the proposed revision broadens the authority of the General Assembly to provide for such assistance where it might be deemed appropriate for persons displaced by government action.

""RESENT PROVISION
Article I, Section III, Paragrpah II Article I, Section IV, Paragraph I

CROSS-REFERENCE TABLE ARTICLE I BILL OF RIGHTS

Page 8

PROPOSED PROVISION
Article I, Section III, Paragraph III

CHANGES
A broad grant of authority for the General Assembly to participate in Federal programs is contained at proposed Article III, Section VI, Paragraph II(a)(3). Specific reference to the Federal Relocation Assistance pr~gram is contained in proposed Article III, Section VI, Paragraph II(b)
No change.

Article I, Section IV, Paragraph I

No change.

NOTES AND COMMENTS
Article I. Bill of Rights.
The Committee to Revise Article I agreed at the outset that it would make every effort to present to the Select Committee a revision of Article I that was neuter in gender throughout. The Committee was successful in this effort.
The final revision of Article I follows closely the format and substance of the present Article. The revised draft includes the following noteable changes from the present provisions.
Preamble
The Committee considered the Preamble part of its charge, though it is not really included in Article I. and agreed with a recommendation of one of its members that the Preamble be amended to affirm as one of the guiding principles in "ordaining and establishing this Constitution" the importance of the family.
Section I. Rights of Persons.
Some of the paragraphs in this section were rearranged to provide for a more logical sequence of provisions. The paragraph on "Libel". for example. was moved so as to follow 1IIIIIIediately the paragraph on "Freedom of Speech". since libel is a specific qualification of that freedom. Also. the provision now in Section II of Article I on "Protection of Citizens" was moved up to Section I because of its importance.
In addition to these minor alterations. this section was subject to a number of significant changes. as indicated below. Note in particular numbers 1. 3. 4 and 9.
1. Paragraph I. Due Process; Equal Protection.
This paragraph has been given a new title and incorporates the equal protection and anti-discrimination language used in Article I of the proposed Constitution of 1970. There is no "equal protection" provision as such in the present Constitution. Paragraph III of Section II does provide that "protection to person and property . shall be impartial and complete."
2. Paragraph II. .ill!.!..
This paragraph has been rewritten to cover civil as well as criminal libel "and to clarify the effect of truth as a defense. The provision concerning the power of judges to grant new trials in case of conviction was dropped ~s being unnecsssary in light of Article
VI. Section rv. Paragraph VI.

NOTES ~~D COMMENTS - ARTICLE I December 4, 1979 Page 2
3. Paragraph X. Right to the courts.
This paragraph has been changed to preclude a person from asserting a constitutional right to serve as co-counsel in one's own defense. Under this proposed change a person would still be able to have the assistance of counsel in carrying out one's own defense, but at the discretion of the tria~ court rather than as a matter of constitutional right.
4. Paragraph XII. Benefit of counsel, etc.
This provision was amended to require that a person accused of a crime be furnished in all cases with a copy of the accusation and, on demand, with a list of the witnesses on whose testimony the charge is founded.
5. Paragraph XIII. Habeas Corpus.
This paragraph was amended to reinsert the historic exception to this provision, namely, "unless in case of rebellion or invasion the public safety may require it."
6. Paragraph XVI. Jeopardy of life, etc.
This paragraph was revised to encompass all cases in which a new trial is granted after conviction.
7. Paragraph XX. Involuntary Servitude.
The term "slavery" was deleted from this paragraph as being encompassed by the term "involuntary servitude."
8. Paragraph XXII. ~.
This provision was amended to clarify that it applies only in criminal cases.
9. Paragraph XXIV. Exemptions from levY and sale.
This paragraph incorporates changes first proposed in Article I of the 1970 proposed Constitution. It sets a floor on the amount of property of each person which is exempt from levy and sale (presently the exemption applies primarily to heads of households) and it gives the General Assembly broader authority to define to whom and in what manner additional exemptions may be allowed above the minimum set for each person. This exemption is not referred to as a "constitutional homestead" exemption in this draft in order to avoid confusion with the "homestead exemptions" provided for in the Ta.'ution Article.

NOTES AND COMMENTS - ARTICLE I December 4, 1~79 Page 3
10. Paragraph XXV. Spouse's S.parate Estat
A chang. in this provision was deemed nec.ssary in light of the r.cent Orr v. Orr decision of the United States Supreme Court in which the Court declared unconstitutional on federal equal protection grounds the "wives-only" alimony provisions of Alabama law. In the last l.gislative session the General Assembly amended its own law. on this .ubject to comply with the Orr decision. Georgia Code Annotated, Section 53-502, now stat~that "the separate prop.rty of each spou.e shall remain the separate property of that spou.e, except a. provided in Code Title 30 (""Divorce and Alimony") and except a. otherwise provided by law."
Because of this statutory provision, the Committee consid.red the pos.ibility of deletins this par.sr.ph .ltogether from the revised draft of Article I, but finally decided to leave it in to avoid any confu.ion that might .rise from omittins it.
Section II. Origin and Structure of Gover1llll8nt.
The paralraphs in thi. section were al.o .ubject to .om. rearrangement, and fn noteable changes were made, as indic.ted below.
1. P.r.gr.ph II. Object of loverament.
Thi. parasr.ph re.t.tes and reaffirme in mare conci.. l.nguage the principle. enunciated in P.r.lraphs II and III of Section II of the pre.ent Conatitution. As DOted previously, the provllion in eld.stinl Parasraph III .tatins that "protection to p.rson .nd property shall be impartial and complete" i. omitted as beins encomp.ssed by the new equal protection provision in Par.gr.ph I of Section I.
2. Paragraph IV. Contemptsi Par.graplJ V. What Acta Void.
These par.sr.phs were retained in Article I as .pecific qualifications of the "sep.ration of power." doctrine stated in Par.sr.ph III.
3. Parasraph VI. Civil Authority .up.rior to milit.ry.
Thi. p.ralr.ph waa amended to delete the con.titutional prohibition on the quarteriDs of .oldi.ra in private homea. It was the con.en.us of the Committ that this apecific prohibition va. .ntiqu.ted and unnecaary, and could bett.r be .ddrd by .tatut
4. Th. paragr.ph on "General l.w.; uniform oper.tion; how vari.d" was del.ted from this .ection of the propod dr.ft bec.u.e it wa. incorpor.ted in the propo.ed revi.ion of Article III. S Notes and Comments to Article III, Section VI.

NOTES AND COMMENTS - ARTICLE I O.cemb.r 4, 1979 Pas. 4
5. Paragraph VII. S.paration of church and .tata.
Thi. parasraph wa. siv.n a n.w title and wa. am.nd.d to prohibit any public prop.rty from ev.r b.inS appropriat.d for r.lisiou. purpo.... Th. prohibition curr.ntly appli only to public fund. Th. p.ragraph wa. al.o amended to prohibit stat. as.i.tance to cult w.ll a. to church and sects.
6~ Parasraph. XI on Lott.ri , XII on LobbyinS and XIII on Fraud and Conc.alment of Prop.rty w.r. omitt.d from the revid draft. Th. Committ.. f.lt that th.r. was no nd to .p.cify particular criminal activiti.s in the Constitution, and that all of the.e matt.r. could b. d.alt with more appropriat.ly by l.si.lation.
S.ction III. Gen.ral Provi.ion.,
Thiction waubj.ct tomor. IUb.tanttal revt.ton than any oth.r ction in Articl. t, All of the provision. r.laUns to "lIIIin.nt domein" are eon.oUdat.d i'11 Parasraph t, and a nall.r of dp1ticant chanse. trom prant law are propo.ed, a. indicat.d b.low,
1. The Gan.ral ...&ably t. r.quired to provide by law for the paym.nt of r.alOnablxpan... incurred by the coad_e" i'11 d.termining ju.t and ad.quat. c~.n.atton. Th. Committ f.lt that a. a matt.r of publtc policy the State .hould b. r.quir.d to pay .uch axp.na.. 1'11 all c..... The Stata i. not obliaat.d to sak. such payment. und.r prant law.
2. The Gen.ral ".embly i. required to provide by law for pr.paym.nt by the condemnor asatn.t ad.quate c~.n.ation a. a condition pr.cedent to the ex.rci of the riaht of emin.nt domain. Und.r curr.nt law the condemlOr is r.quir.d to sake .uch payment only und.r the "declaration of taking" _thod of eond_at1on, ud wh.n privata property 1. tak.n for '~ublic road and .tr.et purpo.e." or for "public tran.portation purpo...... Und.r the pre.ant revi.ion .uch pr.payment by the condemnor would b. r.quir.d in all ca
3. Th. Gen.ral ".&ably i. authorized to provide for r.location i.tanc. to p.r.on. d1.plac.d by the ex.rci.. of the power of emin.nt domain. Th. prnt provision. on r.location a.si.tanc. ara ti.d to the f.d.ral ''thl1form Ilelocation ".istanca and Ileal Prop.rty Acqui.ition. Polici Act of 1970"; the propod r.vision broad.n. the .uthority of the Gen.ral ".embly to provida for such ai.tanca wh.r. it asht b. d.emed appropriata for p.r.on. di.plac.d by lov.rnment action.

NOTES AND COMMENTS - ARTICLE I Dec~ber 4, 1979 Page 5
Finally, Paragraph II of the proposed draft of this section is a restat~ent of the present provision on "private ways". Paragraph III concerning "Tidewater Titles Confirmed" is carried forward unchanged due to concern over the possible legal ramifications of omitting it; the Committee decided that any change in this latter provision should await further guidance from the Supreme Court on th. matter in future ease law.
Section IV. !!!ll..
Due to its recent ratification by the people, this section was not considered for revision by the Committee to Revise Article I. The Committee did go on record, however, as recommending that this section be moved to Article II, becaus. of its logical relationship to the "Elective Franchise" provisions.

SY~OPSIS OF C~~GES IN ORIGINAL ARTICLE CO~~ITTEE RECO~NDATIONS PROPOSED BY THE SELECT COXMITTE~ BY THE HOUSE OF REPRESENTATIVES, AND BY THE S~~ATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

ARTICLE, SECTION, PARAGRAPH
Preamble Al."tiele I, Section I, Paragl."8ph I
Al."tiele I, Section I, Paragraph II
:le I, Section i,
~. _graph III Al."tiele I, Section I, Paragraphs IV and V

CHANGES PROPOSED
No change.
COMKITTEE TO REVISE ARTICLE I
Paragraph I. Due proeessi equal protection. No person shall be deprived of life, liberty, or property without due process of law; nor be denied the equal protection of the lawsi nor be denied the enjoyment of civil rights or discriminated against in the exercise thereof because of race, sex, national origin, religion, or ancestry.
SELECT COMMITTEE ON CONSTITUTIONAL REVISION
Paragraph I. Life, liberty. and property. No person shall be deprived of life, liberty, or property without due process of lawi nor be denied the equal protection of the laws; nor be denied the enjoyment of civil rights or discriminated against in the exercise thereof.
HOUSE OF REPRESENTATIVES
Paragraph I. Life, liberty. and property. No person shall be deprived of life, liberty, or property without due process of law nor be denied the equal protection of the laws.
SENATE JUDICIARY COMKITTEE
Same as the Committee to Revise Al."ticle I.
No change.
No change.
COMMITTEE TO REVISE ARTICLE I
Paragraph IV. Freedom of speech and of the press guaranteed. No law shall be passed to curtail 01." restrain the freedom of speech or of the press. Every person mey speak, write and publish sentiments on all subjects but shall be responsible for the abuse of that liberty. Paragraph V. Libel. In all civil or criminal actions for libel, the truth mey be given in evidence; and, if it shall appear to' the trier of fact that the metter charged as libelous is true, the ~arty shall be discharged. SELECT COMMITTEE
Same as the Committee to Revise Al."ticle I.

Page 2
SY~OPSIS OF CHANGES IN ORIGINAL ARTICLE CO~~ITTEE RECO~~~DATIONS PROPOSED BY THE SELECT CO~ITTE~ BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY CO~~ITTEE AT THE 1980 LEGISLATIVE SESSION

ARTiCLE, SECTION, PARAGRAPH
Article I, Section I, Paragraphs IV and V (continued)
Article I, Section I, Paragraph VI Article I, Section I, Paragraph VII Article I, Section I, Paragraph VIII Article I, Section I, p ~.graph IX Article I, Section I, Paragraph X Article I, Section I, Paragraph XI Article I, Section I, Paragraph XII

CHANGES PROPOSED
HOUSE OF REPRESENTATIVES
Paragraph IV. Freedom of speech and of the press guaranteed; libel. No law shall be passed to curtail or restrain the treedom of speech or of the press. Every person may speak, write, and publish sentiments on all subjects but shall be responsible for the abuse of that liberty. In all civil or crlmi~al actions for libel, the truth, when published with good mOtives and for justifiable ends, shall be a sufficient defense.
SENATE JUDICIARY COMMITTEE
Paragraph IV. Freedom of speech and of the press guaranteed; libel. No law shall be passed to curtail or restrain the treedom of speech or of the press. Every person may speak, write, and publish sentiments on all subjects but shall be responsible for the abuse of that liberty. In all civil or criminal actions for libel, the truth shall be a sufficient defense.
No change in text, but appears as Paragraph V in House and Senate Judiciary Committee version.
No change in text, but appears as Paragraph VI in House and Senate Judiciary Committee version.
No change in text, but appears as Paragraph VII in House and Senate Judiciary Committee version.
No change in text, but appears as Paragraph VIII in House and Senate Judiciary Committee version.
No change in text, but appears as Paragraph IX in House and Senate Judiciary Committee version.
No change in text, but appears as Paragraph X in House and Senste Judiciary Committee version.
COMMITTEE TO REVISE ARTICLE I
Paragraph XII. Benefit of counsel; accusation; list of witnesses; c9?pulsory 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 with a copy of the accusation, and, on demand, with a list of the witnesses on whose testimony such charge is founded; shall have compulsory process to obtain the testimony of that person's own witnesses; shall be confronted with the witnesses testifying against such person; and shall have a public and speedy trial by an impartia~ jury.

Page 3
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE CO~ITTEE RECOXMENDATIONS PROPOSED BY THE SELECT COMMITTE~ BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

ARTICLE, SECTION, PARAGRAPH
Article I, Section I, Paragraph XII (continued)

CHANGES PROPOSED
SELECT COMMITTEE
Same as the Committee to Revise Article I.
HOUSE OF REPRES~ATlVES
Paragraph XI. Benefit of counsel; accusation; list of witnee.; compul.ory proce.s; trial by 1ury. Every person charged with an offense against the law. of this stat. shall have the privilege and b.nefit of couns.l; .hall be furni.hed with a copy of the accu.ation and. on demand. with a list of the witn on whose t tu~ny .uch charge i. founded and shall also b. entitled to a list of witns who will te.tify in the main trial; shall have compul.ory proce to obtain the testimony of that per.on'. own witn ; .hall be confronted with the witn t tifying again.t .uch p.r.on; and .hall have a public and .peedy trial by an 1IIIpartial jury.
SENATE JUDICIARY COMMITTEE
Paragraph XI. Benefit of counl; accu.ation; li.t of witne.s ; compulsory procs; trial by 1ury. Ev.ry person charged with an offen.e again.t the law. of this state .hall have the privilege and b.n.fit of couns.l; .hall b. furnished with a copy of the accu.ation and with a li.t of the witne.... on whose testimony such chars. i. found.d and with a li.t of witnes who will testify in the main trial; .hall have compulsory process to obtain the t timony of that p.rson'. own witne.; shall be confronted with the witn.sse. testifyinS against .uch p.r.on; and shall have a public and spe.dy trial by an 1IIIpartial jury.

Article I, Section I, Paragraph XIII

CIHaTTEE TO REVISE ARTICLE I
Paragraph XIII. Habeas corpus. Th. writ of habeas corpus .hall not bu.pended unl , in case of reb.llion or invasion, the public .afety may require it.
SELECT COMMITTEE
Paragraph XIII. Hab.a. corpu.. The writ of habeas corpus shall not b. su.pended.
HOUSE OF REPRESENTATIVES
Sam. t.xt as Select Committee. but appears as Paragraph XII.
SENATE JUDICIARY COMMITTEE
Same t.xt as Select Committ.e. but app.ars as Paragraph XII.

Page 4
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE CO}~ITTEE RECOM}~NDATIONS PROPOSED BY THE SELECT CQ~ITTE~ BY THE HOUSE OF REPRESENTATIVES. AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

Ak....CLE. SECTION PARAGRAPH
Article I. Section I. Paragraph XIV
Article I, Section I, Para.raph 'TN
Article I, Section I. Paragraph XVI
Atticle I. Section I, Paragraph XVII
Article I, Section I. paragraph XVIII
Article I. Section I, Paragraph XIX
Article I. Section I, Paragraph XX
Article I, Section I. paragraph XXI
Article I. Section I, P"-~~raph XXII
Article I. Section I, Paragraph XXIII

CHANGES PROPOSED
No change in text, but appears as Paragraph XIII in House and Senate Judiciary Committee version.
No change in text. but appears as Paragraph XIV in House and Senate Judiciary Committee version.
No change in text, but appears as Paragraph 'TN in House and Senate Judiciary Committee version.
No chan.e in text, but appears as Paragraph XVI in House and Senate Judiciary Committee version.
No change in text, but appears as Paragraph 'TNII in House and Senate Judiciary Committee version.
No change in text, but appears as Paragraph XVIII in House and Senate Judiciary Committe. version.
No change in text, but appears as Paragraph XIX in Hous. and Senate Judiciary Committee version.
No change in text, blJ.t appears as Paragraph XX in House and Senate Judiciary Committee version.
No change in text. but appears as Paragraph XXI in House and Senate Judiciary Committee version.
COMKITTEE TO REVISE ARTICLE I Paragraph XXIII. Status of the citizen. The social status of citizen shall never be the subject of legislation. SELECT COMKITTEE Same .s Committee to Revise Article I. HOUSE OF REPRESENTATIVES Same as Committee to Revise Article I, but appears as Paragraph XXII. SENATE JUDICIARY COMKITTEE Deleted this provision.

Page 5
SYNOPSIS OF CHk~GES IN ORIGINAL ARTICLE CO}~ITTEE RECOMMENDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

AR! !CLE, SECTION, PARAGRAPH
Article I, Section I, Paragraph XXIV Article I, Section I, Paragraph XXV
Article I, Section I, Paragraph XXVI Article I, Section II, Paragraph I Article I, Section II, Paragraph II
Article I, Section II, Paragraph III

CHANGES PROPOSED
No change in text, but appears as Paragraph XXIII in House version and as Paragraph XXII in Senate Judiciary Committee version.
COMMITTEE TO REVISE ARTICLE I Paragraph XXV. Spouse's separate estate. The separate property of each spouse shall remain the separate property of that spouse except as otherwise provided by statute. SELECT COMMITTEE Same as Committee to Ravise Article I. HOUSE OF REPRESENTATIVES Same text as Committee to Revise Article I, but appears as Paragraph XXIV. SENATE JUDICIAllY C(HfiTTEE Deleted this provision.
No change in text, but appears as Paragraph XXV in House version and as Paragraph XXIII in Senate Judiciary Committee version.
No change.
No change.
NOTE: The Select Committee recommended the reinstatement of the following language as Paragraph III of Section II: Paragraph III. Protection the duty of government. Protection to person and property is the paramount duty of government and shall be impartial and complete. this provision was retained in both the House and Senate Judiciary Committee versions.
No change in text, but appears as Paragraph IV in Select Committee, House and Senate Judiciary Committee versions.

Page 6
SY~OPSIS OF CHANGES IN ORIGINAL ARTICLE CO~~ITTEE RECO~ffiNDATIONS PROPOSED BY THE SELECT COXHITTE~ BY THE HOUSE OF REPRESENTATIVES, ~~D BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

ARl~CLE, SECTION, PARAGRAPH
Article I, Section II, Paragraph IV Article I, Section II, Paragraph V Article I, Section II, Paragraph VI Article I, Section II, Paragraph VII
~le I, Section III, .graph I

CHANGES PROPOSED
No change in text, but appears as Paragraph V in Select Committee, House and Senate Judiciary Committee versions.
No change in text, but appears aa Paragraph VI in Select Committee, House and Senate Judiciary Committee versions.
No change in text, but appears as Paragraph VII in Select Committee, House and Senate Judiciary Committee versions.
COMMITTEE TO REVISE ARTICLE I
Paragraph VII. Separation of church and State. No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution; nor shall any public property ever be appropriated for any such purpose.
SELECT COMMITTEE
Paragraph VIII. Separation of church and state. No money shall ever be taken from the public treasury, directly or indirectly, in aid. of any church, sect, cult, or religious denomination or of any sectarian institution.
HOUSE OF REPRESENTATIVES
Same as Select Committee.
SENATE JUDICIARY COllIMITTEE
Same as Select Committee.
COMMITTEE TO REVISE ARTICLE I
Paragraph I. Eminent domain. (a) Private property shall not be taken or damaged for public purposes without just and adequate compensation being paid in the manner and at the time provided by law. The General Assembly shall provide by law for the payment by the condemnor of reasonable expenses incurred by the condemnee in determining just and adequate compensation.
(b) The General Assembly shall 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 shall provide for the disbursement of the same to the end that the rights and equities of the property owner, li~n holders, and the State and its subdivisions may be protected.
(c) Notwithstanding any other provision of the Constitution, the General Assembly may provide by law for relocation assistance and payments to persons displaced through the exercise of the power of eminent domain.

Page 7
SYNOPSIS OF CBAIWES IN ORIGINAL ARTICLE COMMITTEE RECOM.'1E~DATIONS PROPOSED BY THE SELECT COMMITTE~ BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDlCIARY CO~MITTEE AT THE 1980 LEGISLATIVE SESSION

ARTICLE, SECTION, PARAGRAPH
Article I, Section III, Paragraph I (continued)
Article I, Section III, Paragraph II

CHANGES PROPOSED
SELECT COMMITTEE
Paragraph I. Eminent domain. (a) Except as otherwise provided in this Paragraph, private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid.
(b) When private property is taken or damaged by the state or the counties or municipalities of the state for public road or street purposes, or for public transportation purposes, or for any other public purposes as determined by the General Assembly, 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.'
(c) 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.
(d) The General Assembly may provide by law for the payment by the condemnor of reasonable expenses, including attorney's fees, incurred by the condemnee in determining just and adequate compensation.
(e) Notwithstanding any other provision of the Constitution, the General Assembly may provide by law for relocation assistance and payments to persons displaced through the exercise of the power of eminent domain or because of public projects or programs; and the powers of taxation may be exercised and public funds expended in furtherance thereof.
HOUSE OF REPRESENTATIVES
Subparagraph (d) of Select Committee version deleted.
Same as Select Committee version otherwise.
SENATE JUDICIAll.Y COMMITTEE
Same as House of Representatives.
COMMITTEE TO REVISE ARTICLE I
Paragraph II. Private ways. In case of necessity, private ways may be granted upon just compensation being first paid by the applicant.

Page 8
SY~OPSIS OF CHANGES IN ORIGINAL ARTICLE CO~MITTEE RECOXXENDATIONS PROPOSED BY THE SELECT COXMITTE~ BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COXMITTEE AT THE 1980 LEGISLATIVE SESSION

ARTICLE, SECTION, PARAGRAPH
Article I, Section Ill, Paragraph II (continued)

CHANGES PROPOSED
SELECT COMMITTEE
Paragraph II. Private ways. In case of necessity, private ways may be granted upon just and adequate compensation being first paid by the applicant. HOUSE OF REPRESENTATIVES Same as Select Committee. SENATE JUDICIARY COMMITTEE Same as Select Committee.

"tcle I, Section III, graph III

No change.

Article I, Section IV, Paragraph I.

No change in text, but this provision was moved to Article II and,appears in Paragraph IV of Section II of that article in the Select Committee version and in Paragraph V of Section II of Article II in the House and Senate Judiciary Committee versions.

COMMITTEE MEMBERS:
G!OlltGE BUSBEE GOVERNOR CHAIRMAN
ZELL. MILLER L.IEUTENANT GOVERNOR
THOMAS B. MURPHY SPEAKER. HOUSE OF REPRESENTATIVES
ROBERT H. JORDAN CHIEF JUSTICE. SUPREME COURT
J. KELL!:Y OUILWAN CHIEF JUDGE. COUNT OF APPEAL'
ARTHUR K. BOL..TON ATTORNEY GENERAL..
MARCUS B. CALHOUN SENIOR JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATLANTA. GEORGIA 30334
404/&567158

COMMITTEES MEMBERS:
.ilL.. HOLLOWAY SENATE PRESIDENT PRO TEMPORE
JACK CONNEL..L.. SPEAKER PRO TEMPORE
ROY E BARNES CH .... IRM ....N. SENA,TE JUDICIARY COMMITTEE
WA,YNE SNOW. JR. CHAIRMA,N. HOUSE JUCICIA,RY COMMITTEE
FRANK H. EDW.... RDS SPECIAL COUNSEL
J. ROBIN H .... RAIS EXECUTIVE DIRECTOR
MELVIN B. HILL. JR. ....SSISTANT EXECUTIVE DIRECTOR

TO:
FROM: SUBJECT:
DATE:

MEMBERS OF THE SELECT COMMITTEE ON CONSTITUTIONAL REVISION AND THE LEGISLATIVE OVERVIEW COMMITTEE
Michael J. Henry, Staff Attorney
Staff Recommendations for Changes in the Article I Proposal
June 9, 1981

General Recommendations
One suggestion received by the staff was that constitutional provisions be denominated in Arabic rather than Roman numerals. The Committee to Revise Article I had recommended the retention of Roman numerals.
Recommendations on Article I
Article I, Section IV, Paragraph I, Rec.all of public of Heials holding elective office is also provided at Article II, Section II, Paragraph IV. The staff recommends that the recall provisions be placed in Article II, since that article deals with Voting and Elections, and that the provision in Article I, Section IV be omitted.
Also, the staff recommends that the transitional language of the last sentence of that provision be omitted since a general law implementing that provision has been enacted (see 1979 Ga. Laws 1612 as amended).
MJH/mk

. '

FINAL DRAFT

SELECT COMMITTEE ON CONSTITUTIOHAL ~EVISIOr~

JANUARY 9, 1980

, . ----

. ART! CLE II.

8

2

VOTING AND ELECTIONS

9

3

SECTION 1.

10

4

METHOD OF VOTING;.RI.DHI" TO REGISTER AND YOTE

JI

:5

Paragraph I. MethQd Qf YQtiog. Elect1Qns by the 15

6 people shall be by secret ballot and shall be conducted 1n 16

7 a.ccordance With procedures ~vIded by law.

17

8

Paregraph rl. R1ghtto register aDd vgt=. Every 18

9. person who Is a 'citIzen ot the United states and a ~esldent 19

,

.

10 at Georg.1a as defined by law.' who 15 at bas.t 18 years of 20

JI a98 and not disenfranchised by this artIcle, and who meets 21 i 12 mInimum residency requirements as provIded by law shall be

13 entit~ed to .register and. be~ng registered In the manner 22

14 pr~T1ded by law, to vote at ~ny election by the people.

24

15

P~ra9Tapb III. Exception, to rfgbt tQ register !jna- 25

16~ No person may regIster, remain .registered, or - -vote. 26

17 who has ~ been conVicted at telony involving moral 27

18 _ zurpitude, except upon completion at the sentence, or who 28

19 has' been _. JudIcially dete.rminea to be mentally incompetent,

20 unless the disabIlity has been ,removed.

30

21

.22

i

I-i

23

24

25

26

27

28" ,29

.~

30

It -31 "

32

. .33
I

SECTION lI~ .G:NERJJ. PRoVISIONS

32 . .33

Paragraph I.' er.QCedurU to be prQvided by lU. A 36

method ot appeal fro~ the decision to allow or refuse to 37

allow any person to register ~r vote and provision for 38

returns at all elections by the people to be made to the 39

Secretary at State.shall be prOVided by law.

40

Paragraph II. Ryn-gff e1 ecHOn. A run-o.tt 41

election shall be a continuation at ~he general election and 42

Dnly persons who were entitled to vote in the general 43

election shall be entitled to vote thereinr and only those

votes cast tor the two persons,desigoated Shall be counted 44

in the tabulation and canvass ot the votes ca$t.

46

- 1-

...~;

. .' --~ . . .

.;
!
I f

1 ~
r
l

Paragraph I II. Person, not eligible to ...h!U.d 47

( 2 ott1ce. No person who is not a registered voteT or who has 48 \

3 been convicted at a telony involving moral turpitude, unless 49

4 that person's civil rights have been restored, or who 15 the 50

'5 holder at public funds llleqally shall ~e eligible to hold

6 any- ~ttice or appointment at honor or trust in this state.SI

'1 Additional conditions at eligibility to hold. office- for 52

8 . persons elected .on. write-in vote and tor persons holding 53

9 ottices- or appointments ot ~nor or trust other -than elected 54

10
1
I JI
!
I
ie" 12
.I 13
; 14
rj 15
j 16

ottices created by this Constitution may be provided by law.
Paraqraph IV. Reea JJ Of o,ibUc otl1ch)"; hQld1n~ 56
.eloctiye oftice. The General Assembly is hereby authorized 51 to provide by general law for the recall of public otticials 58 WhO-hold el.ctiv. Dffi~ The procedures, qro~nds. and all 59 other - mattersrelat1.e to such recall sball be provided for 60 in such law. On.fhe date any such law becomes .tfective,

17 all local laws r.lati~. to ~.cali shall stand repeal.d arid 61

18. -no local law relative to- recall shall be enacted .atter such 62
i
I 19 data.
!
I
!

1i(~ ,-
1-.1---------",. j ' .. -
1
I
.1

-I .'

;,
..:
.. -

_____

' h.........

_

PRESEHT CONSTITUTION

UUCU I:I.

386

2

BLECtIVB ,alBCHISB

387

3

SBCrIOB 1:.

389

16

i

I

I

5

QUlLIE:IC1~IOMS liD DIS1BILI~1:ES 0' BLBcroas

390

Ra~agraph I. Blectiops by Ballot; Registratiop of 394

I
I

6 Ioters. lU.ectiOAS DJ the people shul b. hy ballot" aad 395

7

oDlJ thoae " perao~ sAall be allow.d t.o vot.. who have he.a 396

i

!

8

fiJ:st. ~egist.emd ia Iccordaace witat.h. reqllireats of llv.

9

elngnpa. ll. _ IIho Sha11 Be AD Blector BAtit1ed til 1600

ttJ I " i s t " &Pel 10\'. Bv.rJ citi.zea of t.his State WAo is I 401

1t citiz.a of the Uaiteel States" .ighteea Jears old or llpwlrds" 402

12 Il~ laboti.ag lIAll.J: alll of the diaaDi1itilis aa.ed ia thia 403

13 lrticle .. la4 posaeaaJ.Jlg the qlla.lificltioas provided bl it." 40 ..

111- shall b. aa e.lector aad eatitled to register lad vote at allY 1605

15 electloa. hI t.h. 28oRle: I!rovid.4" that ao soldier" sai10J: 406

16 or sari_ ia the ailltarJ o~ aayal services of the UAit.ed 407

17 Stat... shIll ac:q~e tha right.s of aa elector by reasoa of 1608

18 beiaCJ s-u.tioae4. em dllt.1 ia. t.his Stat

410

19

1!&J:&gnph 1:U~ Qyal.i.fjcatioas of Elect.ors. EverJ 412

20 cituea. of this State sha.l1 be eatit.led to register as aa 414

21 elector, aad to vote ia all .1ectiolUl ia said State. who is

22 aot d:isquallfi.duder.; ue proYis.1olU1 oJ: .P&ragrapa 1: of 415

23 Sec:ti.oa. II of thiS. lrticle" aad wh~ possesses the 417

24 lJ1IIIlific:aUQA$ pr.scrihed ill Paragraph II of Sectioas I Illd 418

2S XI. of tJais lrt.icJ.e or vho wi11 possess the. at the date of

26 t.1Ie .lec'tioa occurriag aext. after his r.gistratioll" &Ad who 419

27 iaa.clditioD thereto coaes lIithia either of the classes 1621

28 pmvided for ia the two fo110viag sllbdivisiolls of this 422

29 p arageaph.

423

30

1. All persolls who are. of good character aDd 425

31 . uDderst.aad the duties aad obligat.ions of citizeaship llader &

32 repulalicaa tor. o govera.'Dt.. or"

427

- 11 -

, _ ' ,_ .

_ _ -'0........

_

~

1

2. &~ pecsoAs who can coccectly cead in the 428

I
I

2 BDglish language aAI pacagraph of the ConstitutioA of the 429

j

3 lJaited. States or .of this State and correctly wd.te the .sa.e 430

I

4 in the bglish languge IIhea read to the. by any of the 432

5 - registrars.. and all persoJUI who solel1 beealuN of payslcal

'.
7 b lit WAO can undecstaAd &Ad give a I:ea.oubl.. interpl:etatioa
8 of aaf paragrap'h of tae CoutitutioA of the United States or 435
9 Df tais State that NI' be .. read. to the. by aAI, ~f the 436
437

n

SBCuoa u.

439

12 .

UGISftUZOI UQaZ&BIIBII~S &liD &PUUS

440

13

R&l:agl:aph

leqist;atiop of Ilectors; Mho 444

"

tisCrapc;!liat4. !he C.eaual . . . . .blf Al prol'i4e .. fJ:o. ti_ 445

15 to. t i _.... tOI:_ tlae .. registration of aJ.!. electors.. but tbe 446

16 fallonJIg' claae. oL pel:son& ahaJ.!. not be per.itted to 447

17 reguter... vota 01: ho14 any office.. or appointsent. of honor..

18 or trust ia. this State.. to-lI.it: 1st. ~hose who shall ha"e 448

19

of b.a coa"iete4 in &AI eow:t 'of co.peteat juisdiet:i.oa

450

tnasoa again&- til. state. o~ .abezzle_nt of pllbUc fllacls ..

-i

alfeaaance ill office.. briber! or larcenl.. or of anI cri.e 451

iJll'old.J1g .01:&1 turpitll4e .. puaishable bl ~ae la.s of this 453

Stat... u.tA. . iapd.soa. .nt ;1a. the peaitentiarl.. lUlle such 454

a". PSOIlS' ..aU

liea pardoJl8lL. .2Ilcl.. Z4iots au insane 455

25.. pee.ou.,

456

26 ..

RaJ:AgJ:apb u. Iuiduse lequinUny to I."istie; 458

._rt . .apt YoSe. ~he GeIleraJ.. Asseabll sJlall pJ:o"ic1e "I la. for the 459

.28 __ 41Eatioaal rea1c1eaee r.gur. . . .ts neeesaarl to register aad 460

29 vote at aal eJection bl tJla people except that ao person 461

30 .~ be eatiUed to regi.ter aDd vote u l. . . he saul bave 462

31. 'r_ned ia the 'State at least th.irtl (30) .cia,. isdiatell 463

32 p,recediag tJle electioa at which he seekS to vote.

465

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Paragraph III.' Appeal From Decl$lori at Reglstrors. 467

2 Anyrpe.rson to whan the right at registration is denied by 468

3 the registrars upon .the gro.und that he lacks the 469 4 qualifications set tor.th ~n the two sUbdivisions ot 470

5 ParagraPh III of Section I ot this Article shall have the 472

6 .right to take an appeal, and any citizen may enter on ,appeal 473

7 trom the decision at the. registrars .alfowing any person to 474
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register~under said ~ubdivi~ons~ All appeals must be tiled 475

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9 in wrl tine, wittl- the .registrars wi thi n ten days t.rom the date 476

10 ot the decl~on c:.olDplained of and shall be re.t.urne.d by the

JI registrars to the.attica at the clerk at the superior court. 478

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12 to be tried as other appeals.

479

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Paragraph IV. Jydgment of Egrc'e pend! 09 Ang.al. 481

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-14 P.end.1nq an appeal and unt1.1 the .tinal decision at the case, 482

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15 the Judgment ot the registrars' shall ~elD.8in in full force. 483

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SECTION I II.

486

nENERAL PROVISIONS

487

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ParagraPh I. frlyi\egl of Electors from ArreSt. 490

19 Electors shall. ~n all .cases, .except tor tr.eason. telony, 491
20 larceny. and breach at the peace,' be privileged from arrest 492

21 durinO .their ,attendance .on elections, and in going to.and 493

.22 returning trOll the sue.

495

23

Par.89Taph II. HaldU of public; Funds. . No person 497

24 whet .15 the .'holder at any public money, contrary to law, 498

25 . shall be. eligible to any ..oftice in this State until the ~ame 4.99

26 15 accounted for and' paid .into the Tre,asury.

501

27

Paragrapn III. Write-in VgteS. No person elected 503

28 ~n.a -rite-in vote shall be eligible to hold ottIce unless 504

29 notice at his intentl.on.ot candidacy was glqn twenty or 505

30 llIOre days prlor. to the election by the person to be a 506
3i write-in candidate, 01'_ by solDe o.ther perso.n .or group at

32 per~ons qualit.led to vote in the subject election, as 507

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tollows. In a .State general or special election, to the 508

2 - S~retary ot .Stateand by publ1cati.on in a paper ot oeneral

3 c1r.culaUon J.n .the State, in a oene.ral or spec.1,a1 .. lecUon 509

4 ot county otticers, to the. Judoe ot the Probate Court ot the 510

5 county in whic~he J.s to be a candJ.date and by publication 5JI

6

in_tha. Q!ttcialoro~rrotthe same county, in a muni.cipal 512

7 ganeral Qr special electi~n, to the maYbr or sim.1lar ott1cer

8,' . thar.ot . and. by;. publication In .t"heo.ttlc:..1al oazeUe ot the 513

9 munlc.1pallty holdinO the .. lectlon. The General Assembly may 514

10 enact 'other reasonable .reou1..atJ.ons . and . requlrlt compl1;anc:-e" 515

Jf therewitb' as a. condition ot ell0~bl1lty to hold ottlc.- in

12 th1s State.

516

'3

In the event an ~endment to the Constitution 517

14 "-"completely nvisino .Article II .1s ratified at the, 1978 518

15 oeneral alectton. the provisions ot this Paraoraph shall be 519

16, repealad on June 3Q~ 1'979.

520

17

Paraqraph IV. .htllros MaM to !hom. Returns ot '523

I,

18 .lectl~n toral! clvil .ott.1cers elected by the people, who

19 are to be co_1.ss1.oned by the Governor, and also tor members 524

--.' --'20.- .. - ot-' theGenera~ Assembly,. shell .be lIade to the Secretary ot 525

21 .Stata... unlass o.therwUeprov1dect by law.

527

.22 23 24 . 2S
2~.
27

Par8IjJraph V. S,I. Of [tgllOfS ...oI1-Eltetfgo D&;';S.529

the, ~eral Assembly.. sha.ll. by . law. torbld the sale ot. 530

1ntodcaUnq' drJ.nks J.n ~ th1.s State or anypol1t1cal 531

subd1v1s.1onthe:r;eof. on-- all days:' t,or the baldinO ot any '532

eleetionin the area 1n which such .. lectlon J.s beld and .5.33

prescribe punishmen.t tor any v~at.1on oithe same.

535

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-!PUSBHT PllOVlSION
lI Art~~le_II

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i Art:1cle II. Section I

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I Article n. Section I. Paragraph I

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' Article n. Section I.

j Paragraph II.

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CROSS-REFERENCE TABLE ARTICLE II ELECTIVE FRANCHISE

PROPOSED PllOVlSION Article II

CHANGES
Title of Article II chaDged ,from Elective Franchise to Votins and E1ectiona.

Article II. Section I
., L

Title of Section I changed from Qualifications aDd Disabilities of Electors to Method of Voting i Usht. to lIeaister and Vote.

Art1l:1e 11.. Section I. Patagraph I

1:. Title of Paragraph changed from "Election by Ballot; Registration of Voters" to Method of Voting".
2:. Proposal requires elections- ''by secret ballot" rather than merely present requirement of ''ballot''.
3, Proposal adds phrase "and shall be conducted in accordance with procedures provided by law."

Art1c:l. U. Section I. Paragraph II

Proposed Paragraph II requires registration in the mSD11er provided by law in order to vote in an election. This requirement is found in present Paragraph I.

Article II. SeetioD. I. Paragraph II

1~ Title changed from ''Who shall be an Elector Entitled to Register and Vote" to "Ught to register and vote".
2-. Proposal requires a person to be -!.'a:.resident of Georgia aa. cief:uec by law" in order to vote at any election. Present requires a person to be "a citizen of this State".
3. Proposal gives voting right to person "not disenfranchised by this article." Present give. voting right to person "not laboring uDder any of the disabilities named in this Article. aDd possessing the qualifications provided by it."
4. Proposal requires voter to meet ''minimulll residency requirements as provided by law."
5. Proposal deletes the present 'pllovis1on "that no . soldier. sailor, or marine in the military or naval services of the United States shall acquire the rights of an elector by reason of being stationed on Duty in this State."

J
. PRESENT PROVISION
Article II. S.ction I. Paragraph III

CROSS-REFERENCE TABLE ARTICLE II ELEClIVE FRANCHISE

Page 2

PROPOSED PROVISION Non.

CHANGES
Delet.d in it. entirety. Unfnforceable under the Voting Rights Act of 1965.

Article II. S.ction II. Par~aph I
.,

Article II. S.ction I. Par~aph UI. and Article II.
Section. II,.. Paragraph. III

1. 'lbe propo.al separates provisions dealing with eligibility to vote and eligibUity to hold office. while the pre.ent include. voting and holding office requirement. in one parqraph.
2; Propo.ed Article II. Section I. Paragraph III prohibits persona from voting who have ''been comr1cted of a f.lony involving moral turpitude. except upon completion of the sentence. or who have been judicially determined to be mentally incOlllp.tent. unle the diaabUit: baa been r_ad." In addition to th.... the pre.ant prohibit. persons fra voting who have be.n comr1cted of "treaaon aga1n.t the state. embezzl..-nt of public fund 1III.lfeaaance in office. or bribery and larc.ny. ft.
3. Proposed Articl. II. Section II. Paragraph III prohibits a person froa holding office who 18 "not a registered vot.r orwho baa b.en comr1ct.d of a felony involving moral turpitude. unl.ss his civil rights have been . restored. or who is the hold.r of . publ:1c funda Ulegally shall be eligible to bold any office or appointllent of honor or trust in thia State. ", Present provision. which detail tho.. ineligible fra holding office are the s_e provision. which detail those inel:1gible to vote.
4. Proposal authorize. additional conditions of el:1gibUity to hold office to be provid.d by law. There is no such provl8ion in the present.

,
: PRESENT PROVISION Article.II, Section II.. Paragraph II .
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CROSS-REFERENCE TABLE ARTICLE II ELECTIV& FRANCHISE

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PROPOSED PROVISION
Article II, Section I, Paragraph II (in part)

CHANGES
1. Proposal deletes statemet that "no person shall be entitled to register and' vote unless he shall have resided in 'the State at least 30 days immediately preceding. the election at which he seeks 'to vote."
2'. Proposal changes "durational residence requir_ts" to ''m:LniDna residency requir_ts". Durationsl re&idency requirements violate the U. S. Constitution.

. Article II.. secliioG II
Parqrapha;;O:1' ~~

Article II.. Section II, Paragraph I

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Article II, Section III.; Paragraph I

BoDe

1. Title changed frOlll "Appeal frOllL Decision of Registrars" to ''Procedures to be provided by law."
2. Proposal requires that a method of appealiug a registration or voting decision be provided by law. Present sets out the . method of appeal, but only appeals relative to present Article II, Section I, Paragraph III.
Deleted in its entirety. The present lai1guage applies only to a privilege from civil arrest, but civil' arrest no: longer occurs in Georgia.

Article II', Sectiou In.. Parqraph II
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Article II .. Section IIr, Paragraph III

Article II.. Section II, Paragraph III. (in part)
(in part)

1. Proposal changeS the words "contrary to law" to "illegally".
2. Propoeal deletes the words "imtil the s_e is accounted for and. paid into the Tressury."
Proposal authorizes "additional conditions of' aligibllity to bolel office for persons elected on a write-in vote" to be provided by law. Present provision details eligibility of write-in cand.iclateiB.

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CROSS-REFERENCE TABLE

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ARTICLE II ELEcrIVJ[ FRANCHISE

Page 4

: PRESENT PROVISION
I, Article. II, Section III,
I' Paragraph IV
1,

PROPOSED PROVISION
Article tt, Section II
Paragraph. I (j.n part)

CHANGES
Proposal requires "provis1on for rat:uns of all e,lect1oo.s by the peopla to be made to the Secretary of State" to be provided by law. Present requires returns to be made to the SecretarY of State in election. for civil officers and lI\emben of the General Assembly unless otherwi.e pr,ovided by law.

Article II, Sect~III. Parqraph V
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lroa Other Article.: Article I, Section IV,_ Pftagraph I

'Rone
Art1cla II, Sect10D II, Paragraph IV

Deleted in ita entirety. Such .al.. of alcoholic beverag.. on election c!llys are prohibited by Georgia Coda Ann. II 34-1937,
~o chanse.

Artlcle 1'.. Section I, Paragraph IV, SeIltence, 3

Article' II, Sectioo. II" Paragraph II

1'. The proposed sentence begin. with "A". The pre.ent sentence begin. with .'Th....
2. The proposal change. "thi. elector." to "persoo.s".

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\~-.~-. --~~ATION - -

OF PROPOSED REVISIONS AS PREPARED



'

. BY THE OFFICE OF THE ATTORNEY GENERAL

OCTOBER 6, 1977

I

INTRODUr.TION

I

The changes proposed by the subcommittee on Elective Franchise fall into three general categories: ' First, elimination of provisions

II .

which need not be part of the Constitution; Second, reorganization of provisions aDd modernization of language; and Third, substantive

i

changes. The purpose of this memorandum is tp describe the changes,

I

and state briefly the reasons for each.

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. ELIMINATION OF UNNECESSARY, PROVISIONS

The subcommittee believed that several of the provisions of

the present Artiele should be eliminated. Of these, some no 'longer

have any practical usefulness, while others can appropriately be

handled by the General Assembly. The subcommittee's goal was to

make the Const.itution shorter and more understandable, anQ to re-

serve in the const.itution,only fundamental matters of individual

I

rights and government organizatio~.

I

The proviso in Se~tion I, Paragraph II, dealing with United

Ir

States soldiers, sailors and marines, was eliminated. This proviso was th~l~ht. to be cbsolct~, since a'member of thQ armed services .stationed in Georgia has a right. to declare his intention of making .Georgia his home and thereby become a resident. who is qualified to

j

register and vote. It. was sUggested that the.proviso may have been enacted in response to the occupation of Georgia during Reconstruc-

I

tion. If so, this reinforces the conclusion th~t. the proviso re- .. 'lated to' legal 'and historical conditions which no longer ex$.st, and

the subcommittee felt. there was no reason why it. should be retained

in the constit.ution.

Section I, Paragraph :III.. dealing w'ith qualifications of electors,

was eliminated in its entirety. The subcommittee felt it had no prac-

t.ical usefulness because "good Character", and "literacy" qualifications

have been unenforceable ormore tpan a decade, under the'voting Rights

. Act. of 1965 . Furthermore, the validity of "good character" qualifica-

-t.iona -,under 'the United State. conat,itution is in doubt. See Richard-

son V. Ramirez, 418 U~ 5 . 24 (1974); It is conceivable that the sus-

.pensioc of such tests will be removed at some future time, so the

subcommittee considered these provisions from a substantive point of

view as well. It was the subcOmmittee's judgment that Georgia should

not attempt to abridge a citizen's right. to vote on grounds either of

character or literacy.

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The. proposed Article eliminates the present restriction,
found in Section II, Paraqraph II, on the power of the General
Assembly to fix minimum durational res ideney . requirements. . The
subcommittee believed that there was no reas~n why this Constitution should restric~ the authority of the General Assembly in this area. It: should be -pointed out that it is almost certain that all
dUrational resideney requirements violate 'the United States Consti-
tution. See Dunn v; Blumstein, 405 U. S. 339 (1972), Abbott v. carter, 3~F. Supp. 280 (N. D. G~., 1972) (3 'judqe court).

Section II, Paraqraphs III and IV, dealinq with appeals from the decisions of the reqistrars, were replaced by a clause directinq that -a method of appeal from the decision of the reqist;ars to allow or refuse to allow any person to reqister or vote-' be establishe~ by' law, on the qrounds that such technical matters are not . . important enouqh to be placed in the Constitution and are properly questions for the General Assembly. An additional advantaqe of ~he proposed Article is that adjustments 'in the method of appeal will in the future be possible 'without the delay and exp~nse of amendinq
the Constitution.

Section III, Paraqraph I, dealinq with the privileqe of elec-

tors from arrest, was eliminated in its entirety. The privileqe

applies cnly tc civil arrest. since the clause -except for treason.

fe lony, larceny, and breach ,of the peace-, taken as a whole, makes

. 7the privileqe inapplicable to all criminal arrests. !!! Williamson

v. United States. 207 U. S. 425 (1908). Civil arrest no lonqer

occurs in Georqia, so the subcommittee felt there was no reason why

this paraqraph should be retained.

.

Section III, paraqraph III, 'dealinq with the eliqibility to hold office 'of a person elected on a write-in vote, was replaced by 'a clause authorizinq the establishment of such a condition of eliqibility The chanqe was made on the grounds that this is a technica1 matter not important enouqhto be placed .in the Constitution, and is U\Ore properly a qUestion for the .Gener!ll Assembly.

Seetiqn IIZ, Paraqraph V, dealinq with:the sale of alcoholic 'beveraqes--on election days, was eliminated, aqain because it is properly a matter for the General Assembly. -Indeed, since S1.1ch sales. are already prohibited by statute, Ga. Code Ann. 34-1937, deletion of thisparaqraph will have no effect on the existinq prohibition on the sale.of~alcoholicbeveraqes on ele~tion day.

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REORGANI7.ATION AND MODERNIZATION

3

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The existing Article in some cases treats the same matter

more than once, or treats related sUbject matters in widely

separated provisions. The effect is to make the existing Article unnecessarily long and difficult to understand . To remedy this problem; the subcommittee proposes a .reorganization of the remaining provisions and makes appropriate changes in the language of each, such as by eliminating unnecessary cross-references. For

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example, matters pertaining to qualifications to hold office,

whichare contained in three separate 'paragraphs at present, are

contained in a single paragraph in the proposed Article.

In addition, archaic words and ph%ases are replaced by their modern equivalents. Thus, the proposed Article is entitled "Voting a~ Elections", instead of the present "Elective Franchise". The 'present age qualification'. - "eighteen years old o~ upwards" - is xeplaced by a more familiar phrase ~ "at least eighteen years of age" - which has exactly the same meaning. Similarly, "disenfranchisement" replaces the now less common "disfranchisement", and a judicial determination of mental incompetency replaces the present reference to "iCliots 'and in~ane persons".

SUBSTANTIVE CHANGES

Some of the changes in the Articla were made for the purpose of effecting changes in the substance of the prior law. These changes reflect the subcommittee's considered judgment on several
issues of policy. The first relates to disenfranchisement of those
con~icted of crime. The pres~nt Article disenfranchises:
"Those who shall have been convicted in any court of competent jurisdiction of treason against the State, .of embezzlement of public .fu~s, malfeasance in office, bribery or lar-
ceny, or of any crime involving moral turpitude,
punishable by the laws of this State with imprisonment in the penitentiary, unless such perso~ shall have been pardoned."

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The proposed Article disenfranchises criminals as follows:

~o person may register or vote who has been

convicted of a felony designated by law as

involving moral turpitude, except upon comple-

tion of the ,sentence., '."

.

The substitution :is des.igned to accomplish five things: (a) It

simplifies the description of the criminal conduct which leads to

los. of the right ~o vote. Treason, embezzl~~ent of public funds,

bribery and grand larceny are all felonies involving moral turpitude

80 elimination of the does not chang. the law. The present ref-

'.rence to imprisonment in the penitentiary is practically identical'

to the proposed reference ,to f.l~ny.

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the (b). To the" extent 'that ~lfe.;anc. in office does not involve

commission of a felony,

sub~o~itte.,b.lieves it should-not lead

. to less of the right to vote. "Slmiiarly, petty. larceny, including

shoplifting, leads to loss of the right to vote under ,a literal

reading of the present Articl., and the subcommittee believes that

disenfranchisement is out of proportion'to th. seriousness of the

crime.

ec) The reference to a felony "designated by law as" involving

moral turpitude is new, and is designed to require the General Assembly

',to dec1gn::te which felenies involve moral't-.1rpitude and which .do not

A majority of the members of the subcommittee felt that a statute

making such a designation would remove existing uncertainties in

this area, and would provide election officials with a ready quide

,for use in. registering voters.

.'

(d) The proposed language eliminates the present elaborate. attempt to deal with persons convict~d,of crimes in other jurisdictions. Under the present Ar~icle., 'a Person convicted of a misdemeanor in another state would lose his ~ig~ to vote if Georgia
made the crime a felony. This test can prove difficult to apply and could result in injustices, ,especially if 'the crimes are de-' fined differently by the two jUri~dictioDs:' The subcommittee be~ -lieves that'loss of the right to vote ,in general should relate to . 'the classification of the crime by the jurisdiction in which the 'person was convicted. While some problems of definition ,and application will remain, the subcommittee believes that these ,can and
should be resolved by our cou~s.

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(~) At present, a pe~son must apply to the Board of Pardons .

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and Paroles for restoration of his right to vote, which application could be denied. The subcommittee believes that a person convicte~ of crime who has completed his ~entence has paid his debt to society

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. and should have his fundamental rights of citizenship restored auto-
matically and uncond.itio. nal.ly. . .

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Second, the present Article disenfranchises ~idiots and'insane pe~sons". The proposed Article places responsibility for determining

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whether or not a pe~on is mentally incompetent in the hands of the

jUdiciary. Legislation implementing this provision will be required,

since Georgia presently has no judicial procedure for determing that

a person is not competent to exercise his political rights. The

members of the subcommittee believe that the present probate court

procedure for appointment of.a guardian'should not be used to deter-

mine whether or not a person is qualified to vote and hold offi'ce

. '."

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:Third, the proposed Article expands the present "requirement that certain election returns be made to the Secretary of State, to include returns of all ~lections by the people. Past instances, 'in "which returns of some local electionS were los~ or ordered destroyed within a few days of the election, persuaded the subcommittee that the potential for fraud or mistake would be lessened if copies of all retu~ns were received and would be open to inspection at a central repository. The subcommittee further believes that the designation of the Secretary of State, as the ofio=~ Lo whom tha .returns are to be made, should appear in the Constitution.

Fourth, the proposed Article, unlike the present Article,
specifies ~hat ballots are to be secret." This will not change present practice, since various provisions of the existing Georgia Election code effectively protect the secrecy of ballots in elections by the people. Nevertheless, the subcommittee believ.es-that . this is a matter of substance, which should be stated in"the Constitution, because the secret ballot is central to the American concept
of th~ electoral process.

Finally, the proposed Articre requires that a person must be a registered voter in order to hold any office or appointment of honox ortrust in this State. The subcommittee believes that this is a.;easonable and proper requirement, although there is no such requirement in the" present Article. It will ~ave the effect of applying automatically to office holders all conditions' of eligi-
bility which apply to registration and voting.

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SYNOPSIS OF CHANGES IN SELECT C(JoIMITTEE RECOMMENDATIONS PROPOSED BY THE HOUSE OF REPRESENTATIVES
AND BY THE SENATE JUDICIARY CQoIMITTEE AT THE 1980 LEGISLATIVE SESSION

(
A:.. .J.E. SECTION, PARAGRAPll
Article II. Section I.
Paragraph I

CHANGES PROPOSED No change.

Art1c:le II. Section I, Paralraph II

110 c:haIlse.

Artic:le II. Sect1aa I, Paragraph III

Ro c:haIlge.

A5t1c:le II. Section II, Paragraph I
(

Paragraph I. Procedures to be provided by law. A _thad of appeal froa the dec18ion to allow or refuse to allow my persOll to resister or vote md provision for returua of all electiOll8 by the people to be made to the Secretary of State shall be provided by law.
BOUSE OJ!' IEPllESERTArIVES
Paragraph I. Procedures to be provided by law. A _thad of appeal frOll the decisiOll to allow or refuse to allow my perBOIl to resister or vote md proviaiOll for returns of all electiOll8 by the people shall be provided by law.
SENATE JUDICIARY COMMITTEE
S_ as Bouse of Representativ..

Article II. Section II, Paragraph II

110 change.

I l e II, Sec:~ion II, }., ~aph III

No chanse.

NOTE: The Houae of Representatives md the Seute Judiciary Coaaittee proposed sddmS es Paragraph IV of thia Section a cOll8olldated "oath of office" provisiOll, to read as follows:

Parasraph IV. Oath of office. Before enterms UpOll the duties

of their respective offices. the Governor md esch member of the

Senate ad of the Rou.e of Repre.entatives shall take the follow1llg

o.th: "I do soleamly swear (or affirm) that I will faithfully

execute the office of

md will. to the be.t of TIl1

abillty. preserve. protect, ad defend the Constitution of this

State lUld of the United St.t.....

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STATE OF GEORGIA

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SELECT COMMITTEE

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ON

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CONSTITUTIONAL REVISION

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11 "Ez
@;;G.o.o. 14 ~ 1;; :I: 15 ~ "'"::l 16 .~.. cz 17 :

MEETING OF LEGISLATIVE OVERVIEW COMMITTEE

18 THE HONORABLE GEORGE BUSBEE, Governor of Georgia, Presiding
19

20

21

22 Room 341 State Capitol
23 Atlanta, Georgia
24 Thursday, June 18, 1981 9:00 a.m.
25

PAGE 2

2
3
4
5 6 7 8
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I NDE X

Conference Committee Report, Paragraph XXV, Section I, Article 1 .. 5
Conference Committee Report, Paragraph VII, Section II, Article 1 .... 10
Conference Committee Report, Paragraph V, Section I, Article 1 .... 13

Consideration of: Article VIII, Section I ............ . 14 Article VIII, Section II .................. 22 Article VIII, Section III ................. 31 Article VIII, Section IV ................ 46 Article VIII, Section V 63 Article VIII, Section VI .................. 77

Adjournment

88

PAGE 3

PRO C E E DIN G S

2

GOVERNOR BUSBEE: All right, the meeting will come

3 to order.

4

We have Article VIII to take up this morning, and

5 I'm going to ask staff if they would distribute the material

6 on Article VIII.

7

At the same time we are going to have some of the

8 conference committees, we'll just take the reports as they

9 come in.

10

We have one on Paragraph XV yesterday about the

E 11 "z spouse's separate estate. We already have a report filed,

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12 ~ it's been printed, and I'll ask that that be passed out and

~--- ~ we'll take that up before we commence with Article VIII.

! 14

(Pause. )

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GOVERNOR BUSBEE: Representative Ross.

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16 ~...

REPRESENTATIVE ROSS: Mr. Chairman, we have had a

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17 : subcommittee of the education committee meeting on Article

18 VIII--

19

GOVERNOR BUSBEE: Just a minute. Put the microphone

20 up.

21

REPRESENTATIVE ROSS: Mr. Chairman, we have had a

22 subcommittee on education meeting on Article VIII, and while

23 you're in the process of passing out some information we do

24 have a clean copy of the proposed amendment.

25

GOVERNOR BUSBEE: All right.

PAGE 4

REPRESENTATIVE ROSS: with your permission we would

2 like to pass out the clean copy at the present time, then as

3 we go thvough the article we will pass out the individual 4 articles to the members.

5

GOVERNOR BUSBEE: What you're saying is you have a

6 copy of all the amendments you can pass out now?

7

REPRESENTATIVE ROSS: Yes.

8

GOVERNOR BUSBEE: We can consider those at the time

9 we consider the paragraph?

10

REPRESENTATIVE ROSS: We will have individual

amendments to the different paragraphs.

GOVERNOR BUSBEE: What are you passing out now?

REPRESENTATIVE ROSS: We're going to pass out a clean

copy that encompasses all of them.

GOVERNOR BUSBEE: I see. All right.

Can you go on and pass out the amendments now where

we won't have to stop on each one of them, just pass all of

18 them out?

19

REPRESENTATIVE ROSS: Yes, we can do that.

20

GOVERNOR BUSBEE: Let's pass them all out and we'll

21 have an opportunity to reflect on them and read them chead of

22 time, and we won't have to stop to pass them out.

23

(Pause. )

24

GOVERNOR BUSBEE: All right. The meeting will come

25 to order.

PAGE 5

All of you have your handouts that have been made.

2 We have two conference committee reports that we'll take up on

3 the bill of rights.

4

The first one will be on Paragraph V of Article I,

5 Section I.

6

Let me retract that. We're going to take up

7 Paragraph XXV which is the spouse's separate estate. Who on

8 the conference committee wants to present this?

9

You have a handout on this.

~

10 .,

A VOICE: On which one?

11 5z

GOVERNOR BUSBEE: On Paragraph XXV, the spouse's

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12 ~ separate property.

~--- ~

The conference committee report reads: Spouse's

14 ~~ separate property. The separate property of each spouse shall !;;

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15 .~, remain the separate property of that spouse, except in child

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16 ~ support cases and alimony as provided by statute."

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17 :

REPRESENTATIVE PINKSTON: Mr. Chairman, I move the

18 adoption.

19

GOVERNOR BUSBEE: It's been moved that the conference

20 committee report on Paragraph XXV be adopted.

21

A VOICE: Seconded.

22

GOVERNOR BUSBEE: The motion has been seconded.

23

Is there discussion?

24

SENATOR BARNES: Mr. Chairman.

25

GOVERNOR BUSBEE: Senator Barnes.

PAGE 6

SENATOR BARNES: Separate property as I understand

2 it are words of art that have a particular meaning, and when

3 you say that the property --

Here's what I'm concerned

4 about. When you say the property shall remain the separate

5 property of each spouse, except, and being the only case, of

6 child support and alimony, then I think that an argument can

7 be made that, for example, in descent, inheritence or year's

8 support where you take property from one spouse and give it

9 to the other is invalidated by limiting it so closely.

10 I don't see why we need this section in the constitution at

11 "5z all.
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@;~ GOVERNOR BUSBEE: Let me just say that under the existing constitution where it says that all property of the

! 14 t; wife at the time of her marriage, and all property given to, ~ :I:
15 ~ inherited or acquired by her shall remain her separate property
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16 ~... and not be liable for the debts of her husband --
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SENATOR BARNES: That was true when that section was

18 written. For example, year's support could only be gotten

19 from the husband's estate when that section was written.

20 We have rewritten the year's support, but we never have

21 rewri tten that statute, and under --

22

GOVERNOR BUSBEE: This is the constitution.

23

SENATOR BARNES: That's what I'm talking about. We

24 have rewritten the statute, but not the constitution.

25

GOVERNOR BUSBEE: What I'm saying, Senator Barnes,

PAGE 7

is I thought you said that under the conference committee

2 report if you provide that the separate property of each

3 spouse shall remain the separate property of that spouse

4 except in those cases of child support and alimony it might

5 be provided by statute, and if you put this in the constitu-

6 tion then it had to remain separate and could not be conveyed 7 or given.

8

SENATOR BARNES: It could not.

9

GOVERNOR BUSBEE: I thought under the present law

10 it's interpreted only separate property of the wife, and the

wife can deed to her husband half interest in the house, or

she can make a gift to him under the case decisions.

SENATOR BARNES: She could make a gift under the

decisions. I mean she could alienate it by deed or gift, but

what I'm saying is for example just use year's support as an

example. When the year's support statute was written it said

that only it was an award of the husband's estate to the wife 18 which was consistent with the present constitutional provision.

19

All right. We have changed the year's support

20 statute to allow either spouse to get an award out of the

21 other spouse's estate, year's support, to conform with the

22 Supreme Court decisions.

23

Now, the present constitutional provision is in

24 conflict in my opinion with the federal constitutional

25 decision of Orr because it makes it a sex gender discrimination.

PAGE 8

When you do this you are prohibiting except -- since

2 we're changing the wording of the constitution you are

3 prohibiting taking from one spouse and giving to another

4 except in cases of alimony and child support.

5

GOVERNOR BUSBEE: All right. Mr. Speaker.

6

SPEAKER MURPHY: That's not true for the simple

7 reason that when the wife's dead she's no longer the wife

8 and the laws of estate distribution take effect, and that's

9 when the year's support and all that stuff -- It has nothing

10 to do with this at all, not even involved in it.

" 11

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SENATOR BARNES:

@);i constitution? SPEAKER MURPHY:

Why do we need it in the That's your argument right there.

! 14 ti You don~ want it in the constitution. Some of us insist that

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SENATOR BARNES: I just don't think -- We provide

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17 : it by statute and it creates -- we provide a separate estate

18 statute, and I don't see any reason for it in the

19 constitution.

20

REPRESENTATIVE PINKSTON: Mr. Chairman.

21

GOVERNOR BUSBEE: Mr. Pinkston.

22

REPRESENTATIVE PINKSTON: I think, Senator Barnes,

23 there's two reasons for it being in the constitution.

24

One of them is that some people feel, some of us

25 feel that in cases except child support and alimony cases that

PAGE 9

property ought to remain the separate property of each spouse

2 and ought not to be subject to the debts of each other, and

3 that's what we passed in the revision of the divorce and

4 alimony statutes to comply with Orr in that connection.

5

And then some of us also feel that we don't want

6 Georgia to become a community property state, and I think

7 this does that.

8

GOVERNOR BUSBEE: Is there any further discussion?

9 Senator Kidd?

10

SENATOR KIDD: Governor, you had a subcommittee

composed of the learned constitutional attorneys of Ross,

Pinkston, Littlefield, and then you had a few other people

like Burruss, Bell and Kidd.

GOVERNOR BUSBEE: We'll hear about that last

category, Senator.

SENATOR KIDD: But then we called in some other

attorneys and knocked this around for about two and a half

18 hours, and wrote it about fifteen different ways; we discussed

19 leaving it out in its entirety, and felt like it would be a

20 mistake to leave it out, and that by changing the wording

21 which we have in the proposal to Paragraph XXV we felt like 22 that this was covering a problem that existed, and at the 23 same time was not opening a Pandora's box in other areas,

24 so I hope that this body will agree with the subcommittee's 25 report and accept Paragraph XXV as it has been rewritten.

PAGE 10

GOVERNOR BUSBEE: All right. Is there further

2 discussion on Paragraph XXV conference committee report?

3

If not, is there objection to the previous question

4 being ordered?

5

If not, all those in favor of the adoption of the

6 conference committee report rise and stand until you're

7 counted.

8

(A show of hands",)

9

GOVERNOR BUSBEE: Reverse your positions.

10

(A show of hands.)

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GOVERNOR BUSBEE: On the adoption of the conference

@;j committee report, in the House the ayes are 21, the nays are four; in the Senate the ayes are nine, the nays are two.

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14

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The

conference

committee

report

is

adopted.

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15 011

The next is on Paragraph VII in Section II of

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16 .~.. Article I, and you're going to have to turn to your sheet

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17 g that you had on the bill of rights yesterday. It's on

18 separation of church and state. Has everyone found their

19 place there?

20

If so, I'll calIon Senator Gillis for the conference

21 committee report.

22

SENATOR GILLIS: Mr. Chairman, the conference

23 committee agreed unanimously to save the taxpayers a little 24 money and not print this and distribute it to everybody

25 because it's very simple.

PAGE 11

We just cut out the last part of the last sentence

2 which begins with " .. nor shall any public property ever be

3 appropriated for any such purpose." That's what we're cutting

4 out.

5

Nobody seemed to understand what you mean by

6 appropriating, property being appropriated. We unanimously

7 agreed to cut this out.

8

Now, if you'll notice there is a little difference

9 in the title between the old constitution and this new one.

10 The old one says appropriation to churches, sects and so forth

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forbidden.

state.

The new one just says separation of church and

A VOICE: S-e-c-t-s, sects.

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SENATOR GILLIS: There also was a word added by the

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17 part of the last sentence " .. nor shall any public property

18 ever be appropriated for any such purpose."

19

A VOICE: Move the adoption of the report.

20

GOVERNOR BUSBEE: It's been moved that the conference

21 committee report be adopted.

22

(Motion seconded.)

23

GOVERNOR BUSBEE: It's seconded. Is there any

24 discussion?

25

Senator Deal.

PAGE 12

SENATOR DEAL: I just have a question. It seems to

2 me that the prohibition in the first sentence is limited to the

3 use of money being taken, whereas if we eliminate all reference

4 to other assets such as the general term property which is in

5 the last sentence, don't we leave ourselves open to some

6 possible problems of areas other than money?

7

GOVERNOR BUSBEE: I think what the senator said,

8 and if I misstate it, Senator Gillis will correct me, that

9 you've already had court decisions based on the language up

10 until that point, that you'll be striking the new language

11 "z~ and under the existing language that these things such as

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e ; '! your Mercer Medical School have already been approved.

that it?

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SENATOR GILLIS: Yes.

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GOVERNOR BUSBEE: All right. Is there any further

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16 .~.. discussion?

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17 :

Any objection to ordering the previous question?

18 So ordered.

19

All those in favor of the adoption of the conference

20 committee report rise and stand until you're counted.

21

(A show of hands.)

22

GOVERNOR BUSBEE: Reverse your positions.

23

(A show of hands.)

24

GOVERNOR BUSBEE: In the House the ayes are 24,

25 the nays are two; in the Senate the ayes are 10, the nays

PAGE 13

are one. The conference committee report is adopted.

2

Is there another conference committee report?

3

Senator Barnes.

4

SENATOR BARNES: Mr. Chairman, Article I, Paragraph

5 V which deals with libel, there's a dispute between the House

6 and Senate whether that should be left in. We have reviewed

7 it and looked at some other states, and we recommend the

8 Senate recede and allow it to remain.

9

GOVERNOR BUSBEE: The motion is made that the Senate

10 recede from its position, and the effect of this recision

11 z~" would be they would agree with the House and then the

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12 ~ Paragraph V on Libel would remain as written.

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Only the Senate votes on this. Is there objection to

14 .~~.. the Senate receding from its position and agreeing that :I:
15 : Paragraph V remain in the constitution on libel?

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If not, the conference committee report is agreed to All right. I think that's all the conference

18 committee reports we have.

19

At this time we have the chairman of the education

20 article committee, David Gambrell, and he also has his

21 chairmen of the various sections here too, so do you want to

22 introduce them, David?

23

MR. GAMBRELL: Yes. Mr. Chairman, we have Mr.

24 Don Thornhill from Columbia County, and we have Dr. William

25 Pressly who is the chairman of one of our subcommittees, and

PAGE 14

Mrs. Ann Hagar who is chairman of one of our subcommittees.

2

I might say Mr. Thornhill is chairman of the local

3 education system subcommittee, Dr. Pressly has worked with

4 the State Board of Education subcommittee, and Mrs. Hagar

5 with what we call the post-secondary or Board of Regents level

6 of state education.

7

GOVERNOR BUSBEE: All right. All of these people

8 will be available to comment on the proposals of the article

9 committee.

10

We are going to calIon staff to make the presenta-

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tion

of

the

article

committee

at

this

time.

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Robin or Mel, are you ready? MR. HILL: Yes. Does everyone have a copy of the

! 14 proposed revision? In your package you have a copy of the

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15 011 proposed revision of the article committee, and then following

"'":::I 16 .~.. that a copy of the present constitutional provisions .

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There is no strike-through and underlined version

18 between the two because there have been so many changes that

19 it would be more confusing we thought than not to have one,

20 a strike-through and underlined.

21

We've got the two; you might want to have them side

22 by side so you can compare them as we go through.

23

Section I, Paragraph I. The proposed revision of

24 this section maintains the state's present obligation to

25 provide an adequate public education for the citizens. The

PAGE 15

committee felt that it was important to include a statement

2 explaining why education is essential, and a statement

3 describing the goal toward which the state should strive in

4 its educational programs.

5

The proposal clarifies the state's obligation to

6 provide free education prior to the college or post-secondary

7 level, and its authority to provide by law for the expense of

8 other education.

9

GOVERNOR BUSBEE: Mel, let me stop you just a minute.

10 I know under Tab 3 you have Article VIII, but don't you have

11

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a

strike-through version

of

this

one

that

was

handed

out

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MR. HARRIS: We do not.

! 14

GOVERNOR BUSBEE: Okay. If you'll just turn to

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15 01) Tab 3 in your notebook, then, you can work out of that.

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16 .~.. That's the Education Article VIII, it's under Tab 3 in your

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17 ::: notebook.

18

MR. HARRIS: A handout of a clean copy of the

19 proposal was made this morning, attached to which is --

20

GOVERNOR BUSBEE: I don't have one, the speaker

21 doesn't have one, and the lieutenant governor doesn't have one.

22

MR. HARRIS: We handed them out to the important

23 members of the committee who would be considering it from the

24 floor.

25

(Pause. )

PAGE 16

GOVERNOR BUSBEE: All right. Proceed.

2

MR. HARRIS: Mr. Chairman, I believe this is the

3 section where Mr. Ross has an amendment to offer.

4

GOVERNOR BUSBEE: All right. You're on Paragraph I

5 of Section I?

6

MR. HARRIS: That's correct. Mr. Ross is offering

7 an amendment which has been passed out, and perhaps would like

8 to address that amendment.

9

GOVERNOR BUSBEE: All right. Representative Ross.

10

REPRESENTATIVE ROSS: Mr. Chairman, we have in our

wz 11 ~working with the education article, we have used the final

2
~--- !12 ~draft of the Select Committee, and we have worked strictly from this in order that we could go along with it.

14 ~

I have an amendment which is before all the group,

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16 !dealing with the goals of the State of Georgia, and especially
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17 : the provision in there that says that there will be educational

18 development to the limit of the capabilities without

19 discrimination.

20

We feel that in this they're setting up there goals

21 which are not really a language that should be in a

22 constitution. Further I think it conflicts with our adequate

23 program of education in that it says you will go to the limits

24 of their capabilities.

25

I can visualize that there could be a child in my

PAGE 17

school system who might be a piano prodigy, and if we go by

2 the language that's in here to the limits of his capability

3 it could be we would have to import somebody in there who

4 could take this child and give him all of the piano lessons

5 and so forth that he was capable of learning.

6

We are moving that the language be stricken on lines

7 8 through 13, and in the caption strike that and rewrite, but

8 insert in after the word "college or post-secondary level"

9 so that that will comply with the provision in the bottom of

10 the paragraph providing that public education for the citizens

11

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to

the

college

or

post-secondary

level

shall

be

free,

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provisions.

14 ~

I would move the adoption of this if that is in order,

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GOVERNOR BUSBEE: We need to suspend just a minute.

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17 g This paragraph that you have before you is about the most

18 important paragraph that you're going to be adopting because

19 that will address the financing of all public education in the

20 state. We're going to suspend for just a minute because we 21 have some problems with the article committee's recommendation, 22 and also with the House Education Committee, and we want to

23 look at it just a minute if we could.

24

You have all of these before you now. What you have

25 is in your article committee's report you have one Paragraph I,

PAGE 18

you have a separate Paragraph I that is offered as a

2 substitute, and so if you will read those for just a minute.

3

(Pause. )

4

GOVERNOR BUSBEE: All right. I'm going to calIon

5 the chairman of the article committee at this time, Dave

6 Gambrell, with reference to Paragraph I and the proposal of

7 the article committee. Mr. Gambrell.

8

MR. GAMBRELL: Mr. Chairman and members: This

9 language that's proposed to be stricken out was suggested at

10 a time when the committee of course was not familiar with what

was to be proposed in other parts of the constitution

relative to due process of law and equal protection of the law.

The members of our committee felt that there should

be an expression that education would be available on some

basis of equality throughout the state. It's certainly a

debatable question as to whathequality means in many various

contexts, and I think our committee, assuming the committee

18 as a who~e and the people as a whole are satisfied with the

19 bill of rights provision relative to the equal protection of

20 the law that this preamble in the education article need not

21 contain different or separate language, so I would say that

22 the members of the committee here feel that this amendment

23 would be acceptable as far as we're concerned unless some

24 special concern needs to be addressed in the educational area.

25

Of course, we have a history of some controversy

PAGE 19

in this state on this subject, and our committee and I'm sure

2 you ladies and gentlemen want to be sensitive to those

3 concerns in dealing with the subject of education, but if

4 you and we are satisfied that the concern of equal education

5 will be taken care of under the bill of rights we do not

6 object to removing this language from this part of the article.

7

GOVERNOR BUSBEE: Mr. Gambrell, let me ask you a

8 question if I might.

9

Would you look at the proposed amendment to Article

10 VIII that was passed by the House Education Committee.

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MR. GAMBRELL: Yes. GOVERNOR BUSBEE: This apparently to me, and I'll

just ask you the question -- there's no change in the existing

! 14 I;; constitution through high school, but this does clarify the
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16 .~.. free public education beyond high school; is this the way you D Z ~
17 ::; read it?

18

MR. GAMBRELL: Right. Yes.

19

GOVERNOR','BUSBEE: It's the concept in the consti tu-

20 tion now, and I think what they're trying to do is to spell out

21 that the only way we have an obligation beyond high school is

22 through statute.

23

MR. GAMBRELL: We felt that the existing provision

24 of the constitution ought to be broadened, but we do not feel

25 that it need contain the language that is proposed to be

PAGE 20

stricken out in this amendment.

2

GOVERNOR BUSBEE: All right.

3

CHIEF JUSTICE JORDAN: Mr. Chairman, what is the

4 meaning of the words "other pbblic education" in the last

5 sentence?

6

GOVERNOR BUSBEE: On what now, Judge?

7

CHIEF JUSTICE JORDAN: In the Ross amendment, the

8 House amendment.

9

GOVERNOR BUSBEE: All right. Mr. Ross, do you want

10 to--

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... 11 ~.or.r.:.

CHIEF JUSTICE JORDAN: The last sentence says the

12 ~ expense of other public; education shall be provided for in

~~! such manner and in such amount as may be provided by law.

! 14 In

GOVERNOR BUSBEE: Mr. Ross, why is that in there?

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REPRESENTATIVE ROSS: Mr. Chairman, we're tracking

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16 I~II what the Select Committee had done, and really if you're talkinc

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= 17 about other education you could be talking about your

18 vocational schools, your area tech schools and that type of

19 thing, and it would provide that in the event that the

20 legislature felt that they wanted to they could charge

21 tuition for it.

22

Now that's really what that other education is, the

23 area of vocational schools and so forth.

24

GOVERNOR BUSBEE: All right. Are there any other

25 questions?

PAGE 21

A VOICE: Yes, Mr. Chairman. Would it cover

2 private schools, this language in this last paragraph?

3

GOVERNOR BUSBEE: I don't think so, because it says

4 the expense of other public education shall be as provided by

5 law.

6

Senator Reynolds.

7

SENATOR REYNOLDS: Would that not include everyth~~g

8 beyond the high school level?

9

GOVERNOR BUSBEE: I think so, yes.

10

A VOICE: Call the question.

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GOVERNOR'BUSBEE: Senator Gills.

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SENATOR GILLIS: That means the expense could be put

-Ion the counties?

14 ~

GOVERNOR BUSBEE: The question is could the expense

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A VOICE: If the law provided that it could.

18

REPRESENTATIVE LEE: I move adoption of it.

19

SPEAKER MURPHY: Basically it leaves the law just

20 like it is now, it makes it clear that college and anything

21 that some public schools offer like music, that if they offer

22 it then they could charge for it. That's all it means.

23

GOVERNOR BUSBEE: Any other questions? The motion

24 is to adopt the proposed amendment to Article VIII.

25

I'll just say is there objection? The chair hears

PAGE 22

none. The proposed substitute

2

Just a minute before we do it. All right, Henry.

3

REPRESENTATIVE REAVES: Mr. Chairman, I've asked

4 fifteen around here and none of us know. What page are we on?

5

GOVERNOR BUSBEE: If you'll listen, in addition to

6 the Article VIII handout as proposed by the article committee

7 you have some proposed amendments to Article VIII made by

8 Mr. Ross' committee.

9

REPRESENTATIVE REAVES: Give us thirty minutes to

10 look it up.

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GOVERNOR BUSBEE: All you have to look is --

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I'll read the language that you're voting on. The caption says Proposed Amendment to Article VIII, Amend Section I as

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~ follows: Section I, Public Education, Paragraph I.

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This shows you the strike-throughs, and it shows you

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aoz
17 are considering at this time.

18

All right. I'll restate the question. Is there

19 objection to the adoption of the proposed amendment to

20 Article VIII, Section I, Paragraph I?

21

The chair hears none. Paragraph I is adopted.

22

Paragraph II.

23

MR. HILL: Paragraph II -- well, Section II of

24 Article VIII relates to the State Board of Education. The

25 proposed revision maintains the State Board of Education

PAGE 23

composed of one member from each congressional district

2 appointed by the governor with the advice and consent of the

3 Senate.

4

The method of selection of the members of the State

5 Board of Education was the subject of considerable discussion

6 and debate by the Article VIII committee. It was generally

7 agreed that the present method of selection of the board

8 members was working well, but that a higher degree of public

9 accountability of the board would be necessary if they were

10 to provide as they do later that the State School Superin-

tendent be appointed by the board rather than elected by

the people.

Election of board members through congressional

district races was considered, but the committee finally

agreed it would be nearly impossible to attract the most

qualified people to run in an expensive district-wide election

for a position receiving little or no compensation.

18

After many meetings accompanied by long hours of

19 debate, the committee agreed to maintain an appointed State

20 Board of Education, but to provide for the removal of any

21 board member through a referendum in the congressional district

22 called pursuant to the method provided for the recall of

23 public elected officials. The committee felt that this would

24 provide the board with a necessary degree of accountability

25 to the electorate.

PAGE 24

Now, these are the specific changes which I will go

2 through in this section.

3

Paragraph I authorizes the governor to fill a board

4 vacancy caused by death, resignation, removal or otherwise,

5 and the person appointed will serve until Senate confirmation,

6 and upon confirmation serve the unexpired term of office.

7

Presently the board is authorized itself to fill a

8 vacancy, and then the boa~d appointee serves until the next

9 session of the General Assembly, and during that session the

10 governor appoints a successor board member who upon confirma-

tion of the Senate serves the unexpired term.

The committee felt that the governor should make the

initial appointment if he was going to make the final

appointment.

The general statement was added to the proposed

section which would prevent a person from serving on the board

whose appointment would create a conflict of interest which

18 would need to be provided, fleshed out by law.

19

The proposed revision puts primary responsibility for

20 the development, administration and coordination of state 21 vo-tech programs in the State Board. The committee felt that

22 this would make it clear that the State Board and not the

23 Board of Regents was to be lead agency regarding state vo-tech

24 programs.

25

The present Section VI, Paragraph I authorizing the

PAGE 25

State Board to accept grants and bequests was transferred to

2 proposed Subparagraph I(d) here.

3

Finally, the proposed section eliminates the final

4 statement of the present Section II which gives the State 5 Board such powers and duties as provided by law and existing

6 at the time of the adoption of the constitution of '45. 7 The committee felt that the powers of the board are now

8 provided by law, and they would continue to be so provided

9 under this proposed draft.

10

GOVERNOR BUSBEE: Representative Ross, I don't see

CI
11 ~ your amendment. I have a clean copy of it, but I don't see
.'o"..
~--- I12 ~ your amendment. REPRESENTATIVE ROSS' Mr. Chairman, I think we've

! 14 passed them out. The committee has prepared an amendment,

!;;
<C
15 ~ the nature of which is to change the method of confirmation

CI

16 .;'~".). of the state Board members .

az

17 ~

Before I get into that, let me say that we do have

18 two amendments to this. If you would look on the second --

19

GOVERNOR BUSBEE: We will suspend just a minute.

20 The speaker had a question.

21

SPEAKER MURPHY: I ain't got a copy of that myself.

22

(Pause. )

23

GOVERNOR BUSBEE: Senator Kidd.

24

SENA~OR KIDD: I would make a motion that in future

25 meetings that we would number, like we would have lea), 2(a),

PAGE 26

2(a), all during the section VIII have a number on them.

2 I think we could sort of find our way around a little bit

3 better.

4

As it is some of us sort of stay lost maybe most of

5 the time, but we would like to --

6

GOVERNOR BUSBEE: I think this amendment he was

7 handing out has written at the top of it that it's Article

8 VIII# amend Section II, Paragraph I. I don't know how you

9 would number it any differently; you've got article, section

10 and paragraph.

III
5Z
11

The speaker said they could color code it.

2...

@!;j

Representative Ross. REPRESENTATIVE ROSS: Mr. Chairman, the amendment

g

14!s essentially deals with the confirmation of the members of the

:I:
15 011 State Board of Education. The reason for this is that we feel III Ill: :l
16 ~... they should be brought closer to the people .
IzII

17 :

The present method provides for confirmation by the

18 Senate. I have talked to quite a number of people, and we feel

19 and they have felt that it would be wise to have the members

20 of the State Board after they're appointed by the governor

21 confirmed by a majority vote of the legislative caucus of the

22 House and Senate embraced within the congressional district

23 involved.

24

I can see where a State Board member after having

25 been appointed by the governor could go over to the Senate,

PAGE 27

it may be that only twenty people out of the Senate would be

2 involved in the congressional district, the other members of

3 the Senate may not be interested in who would be a member from

4 the 10th District, and consequently they could overwhelm the

5 opposition to that State Board member by the members in the

6 congressional district, so I would say that if we can get a

7 legislative caucus similar to what we have in electing the

8 Highway Board members after the appointment by the governor

9 I feel that they would be closer to the people.

10

Another change in this would be to reduce their term

11

"z
i=

from

a

period of

seven

years

to

a

period

of

five

years.

We

'o.."....

~ 12~ feel that this five-year period is a sufficient time. We have

~r~ to be elected every two years, the governor is elected :every
! 14 ... four years and so forth, and we are making appointments that

'~"
:I:

15 ~ run into a seven-year period.

"'";;)

16 ~...

Then we are proposing further that the provision by

aaz
17 the Select Committee dealing with the removal from office by a

18 vote of a majority of the qualified voters can be something

19 that we should not place upon the people in any congressional

20 district if they did want to remove those people.

21

We have just stricken it. We feel that the five-year

22 term would take care of it.

23

In the event of any vacancy occurring, then the

24 governor would fill such vacancy and they would be subject to

25 the confirmation.

PAGE 28

Also on page 2 we would move that the language

2 starting in the third line " and no person whose appointment

3 would create a conflict of interest for such person as defined

4 by law ", that language be stricken. We think probably that

5 may open up many areas as to what could be a conflict of

6 interest claim.

7

Then in Paragraph (b) which is dealing with the

8 governance of your vocational-technical education program we

9 would prefer to see that particular language there stricken

10 and let it be as provided by law and so forth under Paragraph
III Z
11 ~ (b)
f...
Q~J;~ Then if that particular language is not stricken, then we have the alternate amendment that would retain that
14~' particular section and would there strike the word "development' :<zC:
15 ol) and it would read "The State Board of Education shall be III :':"
16 ~... responsible for the administration, coordination of state oz
17 ~ vocational-technical education programs unless otherwise

18 provilded by law," and we feel that there should be some

19 governance placed somewhere, but there has been considerable

20 talk as to where the governance should be, and if we can

21 strike this particular article then we can study it further

22 and not have it in the constitution and maybe come up with a

23 decision by statute law.

24

GOVERNOR BUSBEE: Senator Littlefield.

25

SENATOR LITTLEFIELD: Mr. Chairman, I feel somewhat

PAGE 29

at a loss, and I think most of the members at least on the

2 Senate side this morning feel the same way.

3

I really, before we go further I would like to

4 suggest to the chair that each of us, since we are getting at

5 this point into very detailed amendments be provided with

6 amendment forms for the simple reason that at this juncture

7 what we are faced with is either accepting, in effect accepting

8 the committee to revise Article VIII's draft or the House

9 Education Committee's substitutes or amendments to these

10 particular proposals, and further with this particular article

"z
11 ~ I would have an amendment that I would like to offer, and I

..o....

know that we're just discussing it at this time, but that
~\ ~ 12
~ri would take it completely away from appointments either by the

! 14 .I.-. senate and the house or by the governor and make each board

:I:

15 .:I member run from their congressional district to be elected

"'";:)
16 .~.. by the qualified electors of that congressional district

Q

=Z
17

I'm just afraid that if we go any further under this

18 without the members having some kind of an input by way of

19 written amendments that it's going to get so bogged down that

20 none of us know what we're doing.

21

GOVERNOR BUSBEE: Is there further discussion?

!

22

SENATOR BARNES: I have a question.

23

GOVERNOR BUSBEE: Senator Barnes.

24

SENATOR BARNES: Since Representative Ross wants to

25 have the members of the State Board confirmed by a caucus so

PAGE 30

it would be better and closer to the people, I wonder if he

2 would be in favor of allowing the appropriation bill to be

3 introduced in either house, then it would be better and

4 closer to the people.

5

A VOICE: I don't see much parallel in that, now.

6

A VOICE: You have a motion and a second, Mr.

7 Chairman.

8

SENATOR GILLIS: Mr. Chairman, I move that a

9 conference committee be appointed.

10

GOVERNOR BUSBEE: The motion is that Paragraph I of

11 "~z Section II of Article VIII be referred to a conference

2
III
~;I committee. Is there objection?

If not -- the chair hears none,

! 14 l- it is so moved.

V>

<:zC:

15 ~

Just a minute. Senator Kidd.

:il

:

16 ~ III

SENATOR KIDD: If there's no objection, would you

zI:)

17 : instruct the conference committee to look into the possibllity

18 of weighing the Senate vote as against the House; one Senate

19 vote would count for three in the caucus committee as one

20 House vote.

21

GOVERNOR BUSBEE: I have better sense than to instruc~

22 the legislators to do anything.

23

Is there objection to referring this to a conference

24 committee? If not, it is so referred.

25

SPEAKER MURPHY: I'll appoint mine right now on the

PAGE 31

House committee, Mr. Ross, Mr. Connell and Mr. Ware.

2

LT. GOVERNOR MILLER: I'll appoint the Senate

3 conference committee, Senator Starr, Senator Foster and

4 Senator Fincher.

5

GOVERNOR BUSBEE: All right.

6

MR. HILL: We are to Section III, State School

7 Superintendent.

8

The proposed revision provides for a State School

9 Superintendent who shall be appointed by the State Board of

10 Education with the advice and consent of the Senate. The
11 "5z state Board may determine powers, duties, and determine
o......
~--- I 12 m qualificabions of the State School Superintendent, but the superintendent may not serve more than four years without

14 .~.I. reconfirmation by the Senate.

<:zC:
15 ~

The committee's decision to recommend appointment

"m
~
16 .~.. rather than election of the superintendent was based on o Z
17 :<C several factors, including the following:

18

Under the present system the State Board of

19 Education, the educational policy-making body of the state,

20 has no administrative control over the independently-elected

21 chief executive officer of the State Department of Education.

22

Secondly, the position of State School Superintendent

23 is becoming highly technical, thus requiring a greater degree

24 of expertise than has been necessary in the past.

25

And third, under the present system other elected

PAGE 32

executive officers must meet six-year residence requirements.

2 This qualification excludes many excellent candidates from

3 consideration for the position.

4

That was the rationale of the article committee in

5 making its substantial recommendation for change in Article

6 VIII, and the committee chairman and vice-committee chairmen

7 might like to speak to this.

8

GOVERNOR BUSBEE: Mr. Gambrell.

9

MR. GAMBRELL: Dr. Pressley -- I would like to give

10 Dr. Pressley an opportunity to speak on this.

GOVERNOR BUSBEE: Dr. Pressley.

DR. PRESSLEY: Mr. Chairman, as you know I come from

the background of an independent education, and I've always

dealt with independent boards, and it seems to me almost

impossible to have a situation that would function well under

adverse circumstances where the group that selects the

superintendent of Education for the state really has a

18 position -- the State Superintendent has a position where he's

19 not accountable to the very people who are setting the policy.

20

In my situation it would seem to me that my parents

21 would be selecting the president of the school; the trustees

22 would have absolutely no control if the president wanted to be

23 obnoxious.

24

Thank goodness in the State of Georgia we've had

25 magnificent Superintendents of Education, and we've had no

PAGE 33

problems in this area, but I can foresee a time when we could

2 have a very strong and adverse situation where we could not get

3 the policies of the State Board of Education carried out, and

4 this is the reason our committee after working long hours and

5 discussing this carefully voted that we would like to see the

6 State Superintendent appointed by the governor, and you notice

7 in the section --

8

By the Board of Education I mean.

9

You notice in Section II we tried to put a means of

10 responsibility there to the electorate rather than leaving it

" 11

z
j:

just as

it

is

today,

and that was

the

reason

for

that

change

...oIll:
"-

@);~i there, that we thought it extremely important that the Board of Education have complete control of the State Superintendent

14 ~ of Education in the matter of hiring and determining policy.

!:z;;: 15 ~

GOVERNOR BUSBEE: All right. I calIon Mr. Ross.

"Ill:
::I
16 .~..

REPRESENTATIVE ROSS: Mr. Chairman, we have moved to

Q

17

Z :

amend

this

particular

section,

Section

III

dealing

with the

18 State School Superintendent. In effect what we are doing is

19 placing

20

GOVERNOR BUSBEE: Just a minute. We will suspend.

21

(Pause. )

22

GOVERNOR BUSBEE: All right. Go ahead.

23

REPRESENTATIVE ROSS: What we're doing is placing it

24 back where the State School Superintendent would be elected.

25

GOVERNOR BUSBEE: I heard someone say they didn't

PAGE 34

have a copy of it. Anyone that does not have a copy of this

2 proviso hold up your hand and we'll suspend again.

3

(Pause.)

4

REPRESENTATIVE ROSS: We had some feeling as to the

5 fact of the State Board of Education more or less being

6 appointed, and then the State Board appointing the State

7 School Superintendent. We felt that it was getting too far

8 from the people.

9

We tried to get a reading on what we thought would be

10 better. I heard many comments on the fact that they thought

CI %
11 ai=: we should continue to elect our State School Superintendent, 2
III
~;i so in effect we're putting it back in, providing that in the event of a vacancy in that particular office then it would be

! 14 ... filled by the governor and confirmed by the Senate and the

':<"Cr

15 ~ House for the unexpired term.

C:a::I

16 ~ zaIII

SENATOR BALLARD: Mr. Chairman.

17 g

GOVERNOR BUSBEE: Senator Ballard.

18

SENATOR BALLARD: This is another one of those

19 detailed things, there are some major changes being suggested,

20 and I move this go into a conference committee also because it

21 looks like we've got some problems in here

22

GOVERNOR BUSBEE: Did you want to say something,

23 Senator Gambrell?

24

MR. GAMBRELL: Mr. Chairman, I might say I think it

25 might be well for this to be referred to the conference

PAGE 35

committee, or a conference committee.

2

This provision goes hand in hand with the one about

3 the State Board of Education and how it would be selected,

4 and our deliberations on this sUbject would have been

5 instructive I think to a civics class in high school on how

6 such boards ought to be constituted and still retain a degree

7 of responsiveness in both the board itself and in the State

8 School Superintendent.

9

There is a strong feeling in 'the educational

10 community, and I think among a large group of the public that
11 "~z the administrators, the State School Superintendent at the
o...
~--- I 12 ~ state level and at the local level should be professionalized. That is to say they would be taken out of politics, or at least
14 ~ some opportunity for that should occur; therefore, the State
'x" 15 ~ School Superintendent should not be elected by a general vote
"..:
;:)
16 ~ of the people who would be unfamiliar with his professional
oz
17 : qualifications.

18

At the same time it was felt that -- and very strongl

19 I might say -- that the public and the people should have some

20 access to these folks, and the way our committee resolved that

21 was to have some restraints put on the appointive process of

22 the State Board, and in particular if you'll notice in our

23 proposal a recall provision as to each member appointed to the

24 State Board.

25

I wouldn't say that we were all satisfied or happy

PAGE 36

with that. That just happened to be the compromise

2 resolution of the issue.

3

I do think that the committee would agree that if

4 the State School Superintendent is to be elected, possibly

5 some modification of our proposal would be in order of our

6 proposal for the State Board, or vice versa. That is to say

7 if the School Superintendent is appointed there should be more

8 pUblic access to the appointment and recall process for 9 members of the State Board.

10

But in any event, these two issues should be

11

"z
i=
.'2"..

considered

together,

and I

think

referring

it to

a

conference

@);! committee may be the way to solve it at this level. GOVERNOR BUSBEE: All right. Representative Burruss.

! 14

REPRESENTATIVE BURRUSS: Mr. Chairman, I respect-

Ii;

-e

%

15 ~ fully disagree with Senator Gambrell on most of his statement

~

:;)

16 ~... about it would be easier for the conference committee if we

zQ

17 : put both of these in the same conference committee.

18

I believe that the consensus is that we stay with an

19 elected school board, and I would like to make a substitute

20 motion.

21

GOVERNOR BUSBEE: I believe you meant to say

22 superintendent, didn't you, Mr. Burruss?

23

REPRESENTATIVE BURRUSS: I'm sorry, superintendent.

24

So I would like to make a substitute motion that the

25 present provision of the constitution be retained as is.

PAGE 37

Would you like -- It's on page 65 of the

2 constitution, Paragraph I.

3

GOVERNOR BUSBEE: It's on page 64.

4

REPRESENTATIVE BURRUSS: 65. Yes, sir.

5

I move that the present constitutional provision as

6 regards the State School Superintendent be retained.

7

SPEAKER MURPHY: Do you disagree, Mr. Burruss, with

8 what both bodies did on the Secretary of State, if he dies or

9 resigns in the first year of his term that he should not be

10 reelected or be appointed to serve until the next general

CzI

11

j:
'o.."....

election

instead of

serving

three

and

a

half

years

free?

12 ~

REPRESENTATIVE BURRUSS: I checked with an eminent

@6,.1r~ lawyer before I made this recommendation, and he said that

14 ..~.... under the existing law that in the event of a vacancy that

<l(

:I:

15

.:
CI

the

appointment

would

be

made

until

the

next

general

election,

'";;;)

16

.~..
oz

and

not

for

the

remainder

of

his

term .

<l(

17 :

Now, if that's not correct, I would like to add a

18 provision to provide for appointment until the next general

19 election in the event of

20

MR. HILL: Under the proposed --

21

REPRESENTATIVE BURRUSS: My attorney has corrected

22 me, and he says it is for the full term, so I would like to

23 add the provision that is on page I of what I call the Ross

24 amendment 3 which.says that in the event qf vac9:ncy by death,

25 resignation, removal or for any.r~ason other than e,xpiration

PAGE 38

of the term of office the goveMnor shall fill such vacancy,

2 and the person shall serve until the next general election.

3

MR. HILL: Mr. Burruss, I wanted to mention that in

4 Article V there is a broad provision about filling of vacancies

5 in all public offices, and it says tha they shall -- that

6 provision provides that the governor shall fill such vacancies

7 f0rthe unexpired term unless otherwise provided by law, and

8 that is intended to be the procedure to be followed in filling

9 vacancies rather than having to mention it specifically every

10 time we have another board or agency that has a vacancy and

11

5"z
o......

y

o

u

have

to

repeat

yourself.

~ ~12 ~

We attempted to cover that in Article V in a broad

-

provision allowing you by law to detennine which ones would be

14 ~elected at the next general election and which ones would serve

'~"
:I:

15 : the unexpired term.

ac
::J
16 .~..

REPRESENTATIVE BURRUSS: In that case, I would like

1:1
17 :mZ to make my original motion that the present constitutional

18 provision be adopted instead of the committee of the sub-

19 committee and the education committee.

20

REPRESENTATIVE LEE: I second it.

21

GOVERNOR BUSBEE: Let me say that the speaker said

22 and the lieutenant governor said in the event that this did go

23 to the conference committee, they would put it to the same

24 conference committee they just appointed while ago which would

25 tie it in with the other.

PAGE 39

There is one other problem, Rep~esentative Burruss,

2 that both Representative ROss' amendment and the article

3 committee looked at which we were just referring to -- if

4 you'll look on page 64 there you've got a haitus now that

5 should be straightened out I think.

6

It now proyides that in the case of a vacancy on

7 said board by death, resignation, or for any other cause

8 other than the expiration of such member's term of office the

9 board shall by secret ballot, elect his successor who shall

10 hold office until the end of the next session, or if the

11

"z
j:
'o.."....

General Assembly be

then

in

session

to the

end

of

that

session,

@~~i14! and during such session of the General Assembly the governor shall appoint the successor member of the board for the !x;; unexpired term and shall submit his name to the Senate for

15 .:. confirmation.

"'"::l
16 .~..

Now, the problem is that both of them have taken that

Q

Z

17 :: out, because if you have the Board of Education to make that

18 selection

19

REPRESENTATIVE BURRUSS: Mr. Chairman, I withdraw my

20 substitute motion.

21

GOVERNOR BUSBEE: All right. The motion is it go to

22 conference.

23

REPRESENTATIVE COLEMAN: Mr. Chairman, would it be in

24 order that this group instruct the conference committee to

25 stick to the elected school superintendent?

PAGE 40

SENATOR REYNOLDS: Would it be in order to instruct

2 them to stick with the appointed superintendent?

3

GOVERNOR BUSBEE: I'm not going to instruct them to

4 lie anything.

5

SENATOR GILLIS: Would it be in order we have a vote

6 and see which way we want it as a group?

7

A VOICE: That's why you need a conference committee.

8

SENATOR REYNOLDS: I mean on that one subject.

9

GOVERNOR BUSBEE: If you're going to give instruction,

10 and that's what it would amount to, you would have to by way of

11

"z
i.oo.=..r..:

instruction

if

that's

what

you're

asking

to

be

done

--

@j);! SENATOR GLLLIS: I'm asking to take a vote on whether you favor an elected or an appointed school superintendent.

! 14 ~

GOVERNOR BUSBEE: I think you can do that if you want

':z":

15 01) the sense of the committee.

"or:
;:)

16 ~...

SENATOR GILLIS: So that the conference committee

Qz

17 g won't have that problem to deal with.

18

GOVERNOR BUSBEE: Senator Reynolds.

19

SENATOR REYNOLDS: As a sUbstitute motion I move that

20 in considering the quality of education and the fiscal

21 responsibllity to the taxpayers, I move that the Select

22 Committee version of the State School Superintendent

23 Paragraph T be ~ctopted.

24

GOVERNOR BUSBEE: You move what?

25

SENATOR REYNOLDS: That the Select Committee version

PAGE 41

GOVERNOR BUSBEE: You mean the article committee,

2 don't you?

3

SENATOR REYNOLDS: Yeah, the article committee,

4 you're right, dealing with Paragraph I, Section III, headed

5 State School Superintendent be adopted.

6

GOVERNOR BUSBEE: Okay. Representative Ross.

7

REPRESENTATIVE ROSS: His motion is to adopt the --

8 Would my motion to adopt be in order?

9

GOVERNOR BUSBEE: The next motion would be the

10 conference commfttee I think, Mr. Ross.

Okay. The motion of Senator Reynolds is that the

article committee version be adopted. That would be where you

would have the appointed superintendent and the subject to

recall provision of the Board of Education by the voters.

GOVERNOR BUSBEE: I think on parliamentary procedure"

Senator, that the speaker and the lieutenant governor are

correct, that if you have a m0tion to go to conference that

18 is not an amendable motion, and so I would have to first put

19 the motion that it go into conference committee first under

20 the rules of procedure. You can't amend that motion.

21

The motion that is on the floor now is that this be

22 placed in the conference committee to be appointed by the

23 speaker and the lieutenant governor.

24

I recognize on that Senator Gillis.

25

SENATOR GILLIS: I'm going to vote for the motion.

PAGE 42

1

GOVERNOR BUSBEE: All right. The motion is it be

2 placed in the conference committee.

3

Is there objection to ordering the previous questior?

4 If not, all those in favor of placing this in the conference

5 committee rise and stand until you're counted.

6

(A show of hands).

7

GOVERNOR BUSBEE: All right. Reverse your positions.

8

(A show of hands.)

9

GOVERNOR BUSBEE: The ayes are 21 in the House, and

10 the nays are four; the Senate 14 the ayes and zero nays.

"z

11

j:
'o"

It's placed

in

conference.

A-

@;ilii SPEAKER MURPHY: question?

Could I ask the house members a

14 tI

GOVERNOR BUSBEE: I think Senator Gillis was next,

:z: '

15

olI
"'";;)

and

then

I

will,

but go ahead,

Senator Gillis.

16 ~ III

SENATOR GILLIS: Would my motion be in order that we

zQ

17 ~ just get the feeling of the committee as to whether we want to

18 elect the school superintendent or appoint one, just one or

19 the other. You vote one way or the other.

20

SPEAKER MURPHY: How many of the house members favor

21 an elected superintendent hold up your hand.

22

(A mow of hands.)

23

SPEAKER MURPHY: I count 14.

24

Elected by the people; how many favor one appointed

25 by the governor to be confirmed by somebody. Hold up your

PAGE 43

hands and hold them up until I can count them, please.

2

Eleven.

3

LT. GOVERNOR MILLER: All those in the Senate who

4 favor an elected School Superintendent elected by the people

5 rise, stand and be counted.

6

(A show of hands.)

7

LT. GOVERNOR MILLER: Those who favor an appointed

8 school superintendent.

9

(A show of hands.)

10

LT. GOVERNOR MILLER: Seven to six in favor of an

elected.

GOVERNOR BUSBEE: I think the conference committee

got the sense of it. They're not instructed, but they got the

count.

Senator Deal.

SENATOR DEAL: I thought the house adopted the rules

when we first started to establish the confernence committee.

18 Did you establish the conference committee before we've had a

19 vote of expression of the committee for it to be assigned?

20

GOVERNOR BUSBEE: I thought it was a vote going to

21 the conference committee, I announced the vote onthat, and the

22 majority voted to place it in the conference committee, and

23 the vote was 21 to 4 in the House, and 14 to zero in the

24 Senate.

25

SENATOR DEAL: Under the rules if you ask for a

PAGE 44

conference committee, and there's no objection, and the members

2 of this committee have had an opportunity to express the way

3 they feel you can still assign it to a conference committee

4 without a vote of the representatives?

5

GOVERNOR BUSBEE: That's what the speaker and the

6 lieutenant governor said, yes.

7

SENATOR DEAL: That's the rule we adopted at the

8 beginning?

9

GOVERNOR BUSBEE: Right.

10

All right.

REPRESENTATIVE BURRUSS: Mr. Chairman, does that rUling still stand? Now, if a motion is made to go to

conference before any disagreement is reached, then a motion

to go to conference would take precedence? I just want to

know where we go from here, because in cases like this if a motion is made to go to conference and I want to discuss __

GOVERNOR BUSBEE: If there is any objection, and 18 we'll have to establish that now -- I think you should be 19 the ones --

20

(Pause. )

21

GOVERNOR BUSBEE: The proposal by the speaker and the

22 lieutenant governor is, and we need to establish that now

23 because it's not been clear, that if there's an obvious

24 disagreement and somebody makes a motion, and I say "is there ~ objection?'~ then if one person objects then we will go back

PAGE 45

and have a vote on the question, then we would see what the

2 Senate is and what the House is.

3

Is that agreeable as a rule of procedure we will go

4 under henceforth? If anyone person objects on either side,

5 then we will go back and vote on the question, and then if both

6 the House and the Senate agree then there will not be a 7 conference, but if one agrees and one disagrees then we would

8 go to conference. If there's no objection, we will follow that

9 procedure.

10

REPRESENTATIVE COLEMAN: Mr. Chairman, before we go

11

"z
i=

too

far

andthe

conference committee

meets

I

would

like

to

00:

2...

12 ~ bring up a question that I have in reference to yesterday's
@~r~ meeting that may be a conflict on the committee's proposal to

! 14 recall the Board of Education members, and that goes back to IUxI

15 olI the language we put in yesterday which says the General

"00:
:::l
16 .~.. Assembly is hereby authorized to provide by general law for

Q
Z
17 ::; the recall of public officials who hold elective office.

18

Now, there may be a conflict where we have appointed

19 officials, and even though it's addressed in a separate

20 area of the constitution it could be a conflict later on.

21

GOVERNOR BUSBEE: I think that could be covered,

22 but there's still a problem on it because it's only to elected

D officials. This would be to an appointed official being 24 recalled.

25

Okay. Next section.

PAGE 46

MR. HILL: We are to Section IV, Board of Regents.

2

The proposed revision retains the present makeup and

3 method of selection of the members of the Board of Regents.

4

The proposed Paragraph I deletes the provision in

5 the present Paragraph I which authorizes the board to elect

6 a successor in the case of a board vacancy caused by death,

7 resignation or any other cause except expiration of term, and

8 then the board-elected successor serveS until the end of the

9 next session. During that session the governor appoints the

10 successor board member who then serves the unexpired term.

..I
11 j:
.o.....

With the deletion of this provision, the method of

~;i filling a vacancy on the Board of Regents would be found in that provision in Article V, and it says that the governor

! 14 ~ shall fill a vacancy unless otherwise provided by law, and

%

..15

011
"::I

presently

Georgia

Code

Section

32-106

provides

for

the

filling

16

~
lS

of

vacancy

on

the

Board

of

Regents

in

the

same

manner

as

%

17 : authorized in Paragraph I, so that the effect of this change

18 in the constitution would be nil unless and until the General

19 Assembly would change the law, so that the Board of Regents

20 would continue to appoint their successors with that statute

21 that is still in existence.

22

The proposed seeti<Tmincludes a statement granting

23 the board of regents the exclusive authority to create public 24 colleges, junior colleges and universities in the state of 25 Georgia. This does not affect the status of DeKalb College,

PAGE 47

because it is a prospective provision.

2

Present section VI, Paragraph I, authorizing the

3 Board of Regents to accept grants and bequests has been

4 transferred to proposed Subparagraph I(d).

5

The proposed section deletes present Section IV,

6 Paragraph II, which authorizes the Board of Regents to

7 establish a program whereby elderly citizens could attend

8 free courses in the university system. The committee felt

9 that this program would be more suitably provided for by

10 statute, and in addition the committee to revise Article X

11

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j:

had

recommended

that

this

program be

provided

for

by

statute

or:
oa....

Q~I

and had included a specific provision in Article X to allow for that, and when we get to Article X you will see there is

! 14 a specific statement on this in Article X.

Ii;
:I:
15 .:

The provisions relating to the powers and duties of

"or:
;;)
16 .~.. the Board of Regents were retained in the proposed revision oz

17 ~ in the same form that they exist in the present constitution.

18

GOVERNOR BUSBEE: Senator Kidd.

19

SENATOR KIDD: I would like to make a motion that

20 this section be put in a conference committee due to two

21 facts that I think we should consider.

22

The first is that I think seven years is too long

23 for anyone to be appointed, and second I think it should be

24 discussed by the General Assembly in depth the possibility

25 of appointing the Board of Regents after this term is up

PAGE 48

somewhat similar to the members of the Board of the

2 Department of Transportation, or just as we have been

3 discussing about the Board of Education.

,

4

Therefore I make a motion that ;this section be put

5 in a conference committee.

6

A VOICE: Seconded.

7

GOVERNOR BUSBEE: All right. There is a motion that

8 it be placed in a conference committee. There is an objection

9 under the rule we just adopted, and we'll proceed to the

10 question. That cannot be done, Senator Kidd, under the rule

11

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j:
o..'"....

we

just

adopted.

@;i

Representative Ross. REPRESENTATIVE ROSS:

Mr. Chairman, for the benefit

! 14 ~ of Senator Kidd I think that the amendment which I have does :I:
15 oll pretty much what you are suggesting. It may have a little
"'~" 16 .~.. more blockbuster effect on it than that, but it does provide
Qz
17 ~ that the State Board of Regents shall consist of one member

18 from each congressional district in the state. It strikes

19 the language "and five additional members from the state at

20 large."

21

On this we feel that the Board of Regents cannot have

22 any more members than the State Board of Education. The State

23 Board of Education has under its control the expenditure of

24 something over a billion dollars a year; the Board of Regents

25 only spends some 300, maybe $400 million a year.

PAGE 49

We have 187 school systems in the state; we have

2 about thirty units of the university system.

3

With five additional members at large you could

4 place money into certain areas and really dilute the vote

5 of the single members from the congressional districts.

6

We then provide that these members who are on the

7 Board of Regents, appointed to the Board of Regents would be

8 appointed by the governor, confirmed by a majority vote as

9 is the members of the Department of Transportation.

10

If you will look at Paragraph (b) we found consider-

CI Z
11 ~ able problem with that.
o......

As proposed it reads the Board of

9;1 Regents shall have the exclusive authority to create public colleges and so forth. We feel that under the block grant

14 ~ of money to the Board of Regents they would have the right I':~"z:
15 ol with the money that we give them to do just about anything CI :D:C
16 .~.. they want to in the area of creation of colleges, so the oz ~
17 : subcommittee has recommended that the language be changed

18 by striking the words "have the exclusive authority to

19 create," but give the Board of Regents the authority to

20 develop plans for the creation of our public colleges, junior

21 colleges and universities, subject to the approval by the vote

22 of the House and Senate.

23

That could be by an appropriation bill. We could

24 say that they would have the authority to allocate funds for

25 all -- we could have a special bill which would authorize a

PAGE 50

junior college to be instituted at a particular location.

2

We just think the language, the exclusive authority

3 to create public colleges is just a little bit too broad.

4 We think the legislature needs some input into it.

5

A VOICE: And for a five-year term too, Mr.

6 Chairman, from seven to five.

7

GOVERNOR BUSBEE: Senator Littlefield.

8

SENATOR LITTLEFIELD: Mr. Chairman, I would like to

9 propose an amendment to the proposed amendment to delete that

10 part I believe that begins on line 5 and reads "appointed by

~

cz:J
11 ~ the governor and confirmed," and substitute in lieu thereof
i2...
12 the word "elected", so that when amended it would read

~~~'electedby a majority vote of the members of the House of

14 ~ Representatives and the Senate."

'~"
3:

15 ~

GOVERNOR BUSBEE: Your amendment would be that they

:i!
~
16 ~ be elected by the General Assembly, the House and the Senate?

Q
%

g 17 How would that read?

18

SENATOR LITTLEFIELD: The effect of the amendment

19 would be that they would be elected by a majority of the

20 members of the House and the Senate from that congressional

21 district exactly like we now elect the members of the

22 Department of Transportation.

23

GOVERNOR BUSBEE: That would be then each House

24 member would have one vote, and each Senator would have one

25 vote, and you would elect the regents in a caucus.

PAGE 51

REPRESENTATIVE LEE: Mr. Chairman, I apologize for

2 not knowing this, I should have looked it up, but could we get

3 Mel to explain Paragraph (c) to me in the staff recommendation

4 on this section, Subparagraph (c)?

5

MR. HILL: This is the existing language in the

6 Constitution of 1976. If you'll turn to the Board of Regents

7 provision you'll find this exact language in there, and this

8 has been the subject of considerable controversy and debate,

9 and after a good bit of discussion and consideration the

10 committee felt that it was working pretty well and they didn't

Czl

11

j:
.'o."....

want

to

upset

the

apple

cart,

and

left

this

as

is

in

the

~ 12~ Constitution of '76.

~)I

REPRESENTATIVE LEE: What was in effect when the

! 14 I- Constitution of '45 -- what effect does that have?

t:zit:

15 ~

MR. HILL: There are 17 different laws that were in

Cl
'";;)
16 ~... effect -- I forget the exact number -- there were a number of
az

17 : laws in effect at that time, and in essence by this reference

18 have been given certain constitutional protection, and the

19 committee felt this should be

20

REPRESENTATIVE LEE: Do you have a copy of those

21 somewhere?

22

GOVERNOR BUSBEE: Let me see if I can clarify your

23 question. I think when you had the '76 restatement of the

24 constitution which you adopted this is the language that was

25 in there at that time, so there's no change on it.

PAGE 52

REPRESENTATIVE LEE: I understand, but I want to

2 know what it does, Governor. I mean it's pretty complex,

3 isn't it? Evidently it is, it's important to bring it forward.

4 I just wondered what it is.

5

GOVERNOR BUSBEE: We resolved that in '76 and there's

6 no change in it. I can't answer your question.

7

Representative Coleman.

8

REPRESENTATIVE COLEMAN: Mr. Chairman, if we're

9 going to write this new constitution, I think these powers

10 should be spelled out in the new constitution.

GOVERNOR BUSBEE: All right. You have several

proposals now.

You've got a proposal that you have a Board of

Regents -- strike out I'm going by what Mr. Ross' amendment

is first, which is to do away with the five at large, that

you restrict it to five years, and that they be confirmed by

both the House and again by the Senate, and you have a 18 provision then that after you do this in Section (e) that

19 you, the legislature can provide for their removal by law,

20 that you can provide for their removal.

21

You have an amendment that's been offered over here

22 that they be elected an amendment to the article committee

23 that they be elected in a caucus with each House member

24 having one vote in the congressional district, and each

25 senator having one vote.

PAGE 53

All right now. Questions.

2

SENATOR LESTER: Governor, would it be possible for

3 us to separate those issues and not vote on them all at one

4 time?

S

GOVERNOR BUSBEE: If you were to adopt those, I

,
6 don't know that we would need to proceed any more.

7

SENATOR LESTER: I mean separate the various issues

8 that you have just mentioned and vote on them one at a time

9 rather than --

10

GOVERNOR BUSBEE: Yes, sir. You ask for a division

of the question, and I'll divide it any way you want.

SENATOR LESTER: I would like to make that motion.

GOVERNOR BUSBEE: All right. What is your motion?

What do you want to vote on?

SENATOR LESTER: I want to divide the issues that

have been presented by the amendment.

GOVERNOR BUSBEE: All right. Do you want to divide

18 it by paragraph?

19

We're going by paragraph anyway, Senator, is the

20 reason I don't know how to divide it any further than a

21 paragraph, unless it's by sentence within the paragraph

22 I don't know how we can do it.

23

SENATOR LESTER: All right. I thought you were

24 going to put the issue, the whole section and vote on it.

2S

GOVERNOR BUSBEE: It will be paragraph by paragraph.

PAGE 54

Representative Burruss.

2

REPRESENTATIVE BURRUS: Mr. Chairman, if you follow

3 the procedure and vote on the amendments as they were offered

4 you will accomplish what the senator wants, would you not?

5

The way we stand right now, the first vote would be

6 on the Littlefield amendment to the Ross amendment. Is that

7 not correct?

8

GOVERNOR BUSBEE: I think that would be correct,

9 because his amendment was to Paragraph I, wasn't it, Senator

10 Littlefield?

REPRESENTATIVE BURRUSS: We're going to settle these

issues as he recommended if we'll take them in the order of the motions that were made.

GOVERNOR BUSBEE: All right. Senator Fincher. REPRESENTATIVE PINKSTON: Would a SUbstitute motion

be in order?

GOVERNOR BUSBEE: It depends what the motion is.

18 What's your substitute?

19

SENATOR FINCHER: 1 would like to move that the

20 system of electing the Board of Regents remain as it is in the

21 old constitution.

22

GOVERNOR BUSBEE: The substitute is that the method

23 of selection of the Board of Regents remain as written in the

24 present constitution which you'll find in your existing

25 constitution.

PAGE 55

Is there a second?

2

(Motion seconded.)

3

GOVERNOR BUSBEE: It's been seconded.

4

All right, that's the substitute. Discussion on the

5 motion.

6

If not, all those -- Is'there objection?

7

A VOICE: Yes, objection.

8

GOVERNOR BUSBEE: All those in favor of adopting the

9 Paragraph I which is in the present constitution, the present

10 method of selection --

All right, is there discussion on

11

"z

j:
'o.."....

that?

@;~ REPRESENTATIVE BURRUSS: amendment to the motion.

Mr. Chairman, I have an

! 14 to-

On page 65 of your constitution you'll find this

':"z:

. 15 otI paragraph, and I would like to strike the words "seven-year

"'";;)

16 ~... terms" and insert the words "four-year terms."

czo

17 ~

GOVERNOR BUSBEE: All right. That would be an

18 amendment to the amendment, and that would be in order.

19

The amendment of Representative Burruss would now be

20 in order to vote on. Discussion on the amendment to reduce

21 from seven to four-year terms?

22

All right. Any further discussion?

23

All in favor of the Burruss amendment to reduce the

24 Board of Regents from seven-year terms to four-year terms

25 rise and stand until you're counted.

PAGE 56

(A show of hands.)

2

GOVERNOR BUSBEE: Let me ask you the sense of the

3 motion, Mr. Burruss. You have it in the article committee.

4 That would be at the end of the existing terms, wouldn't it?

5

REPRESENTATIVE BURRUSS: I was going to ask to be

6 recognized to make another motion.

7

In the event that Senator Fincher's motion passes

8 as amended, we need another amendment which would say --

9 I can't find it right now, but it's the members that are in

10 office at the time the constitution is adopted would finish

"z
11 ~ their term, and then the appointments thereafter would be

o

II.

12 ~ made as prescribed.

@r~

GOVERNOR BUSBEE: We'll suspend for just a minute,

14 ~ I'm going to see what it says.



%

15 olI

(Pause. )

1:1

'";;)

16 ~ OIl

GOVERNOR BUSBEE: I think it takes care of itsel,

Q

:Z
17 III Mr. Burruss.

I think you're right, it says the members in

18 office on the effective date of the constitution. I think

19 it's covered.

20

REPRESENTATIVE BURRUSS: No, sir, I disagree.

21 The Fincher motion involves the present language; is that

22 correct?

23

GOVERNOR BUSBEE: That's correct. You change it from

24 seven to five, and it says in the sentence right before that

25 if you'll read it, the members in office on the effective date

PAGE 57

of this constitution shall serve out the remainder of their

2 respective terms. Thereafter all succeeding appointments

3 shall be for a term of four years.

4

REPRESENTATIVE BURRUSS: You're correct. Thank you.

5

GOVERNOR BUSBEE: Representative Coleman.

6

REPRESENTATIVE COLEMAN: Mr. Chairman, as I under-

7 stand it this affects only the way in which they're appointed;

8 this does not affect their powers and duties as we're going to

9 take up later, right?

10

GOVERNOR BUSBEE: Right.

All right. Is your motion now ready to be put?

REPRESENTATIVE BURRUSS: Mr. Chairman, I have

another motion at this time in view of what you have just

pointed out, but I would like a parliamentary inquiry, please.

GOVERNOR BUSBEE: All right.

REPRESENTATIVE BURRUSS: Is it not true that if you

vote for the Fincher amendment as amended by the Burruss

18 amendment and the majority prevails, that all the other

19 questions that have been raised would be moot, and if the

20 members of this committee want to pursue the other things

21 that have been brought up by amendment that they would vote

22 down the Fincher amendment as amended?

23

GOVERNOR BUSBEE: So stated.

24

REPRESENTATIVE BURRUSS: And proceed with the other

25 amendments.

PAGE 58

A VOICE: I move the question.

2

GOVERNOR BUSBEE: The question on Senator Burruss'

3 amendment. All in favor of the Burruss amendment rise and

4 stand until you're counted.

5

A VOICE: We have already adopted that.

6

GOVERNOR BUSBEE: We have not adopted any amendment.

7 I haven't put it to a vote. The Burruss amendment befo~e you

8 is--

9

A VOICE: You already voted on that.

10
..,

GOVERNOR BUSBEE: Unless there's objection I'm going

%
11 io..o=..r..: to restate it. The vote is on the Burruss amendment to
~;I reduce the term, to change the language from the word "seven" to "four."

14 ~ $
z:
15 .o.l,I counted. or: ::J
16 ~...
zQ
17 a

All right. All in favor rise and stand until you're
(A show of hands.) GOVERNOR BUSBEE: Reverse yourselves.

18

(A show of hands.)

19

GOVERNOR BUSBEE: All right. The amendment is

20 adopted, the House 22 to one, the Senate 13 to one -- 13 to

21 two. It's adopted.

22

All right. The next question will be on the

23 adoption of the Fincher amendment as amended by the Burruss

24 amendment.

25

All right. With that, who wants to be recognized?

PAGE 59

Mr. Phillips.

2

REPRESENTATIVE PHILLIPS: Mr. Chairman, if we vote

3 down all amendments now until we get to the original Ross

4 amendment, we could defeat all the amendments up to that time

5 and still have an opportunity to vote for his? If not, his

6 amendment will be moot if this is adopted?

7

GOVERNOR BUSBEE: That's correct.

8

All right. All in favor of the Fincher amendment

9 as amended by the Burruss amendment rise and stand until

10 you're counted.

"z
11 j:
..'o."...
~ [2~

(A show of hands.) GOVERNOR BUSBEE: The amendment is defeated.

~ri Reverse yourself.

! 14 ...

(A show of hands.)

VI

<l

%

15 olI

GOVERNOR BUSBEE: All right. It's two to nine in the

"'::">

16 .~.. Senate, and in the House -- what was it, Mr. Speaker?

Q
Z <l
17 :

SPEAKER MUPRHY: 22 to three I believe.

18

GOVERNOR BUSBEE: 22 to three. The amendment is

19 defeated.

20

All right. Now going to the --

21

Senator Greene wants to be recognized. All right,

22 Senator Greene.

23

SENATOR GREENE: Governor, is it in order to offer

24 an amendment to the Littlefield amendment?

25

GOVERNOR BUSBEE: Yes, I think that would be in ordeI.

PAGE 60

SENATOR GREENE: The Littlefield amendment as I

2 understand it struck the words "appointed by the governor

3 and confirmed," and inserted in lieu thereof the word

4 "elected," and it would remain the same as the Ross amendment

5 through the words "caucus," and at that point I would like to

6 add a semicolon instead of a period and add the following

7 words: "Provided, however, each such representative and each

8 such senator shall have one vote for each 10,000 people or

9 fraction thereof that they represent within said congressional

10 district."

":z
11 j: at

GOVERNOR BUSBEE: All right. I heard an amendment

.2..

@);~i over there, it will be the Greene amendment to the Littlefield amendment. Is there discussion on it?

14 !...... z<C: 15 ol)
:=
~
16 .~.. Qz
17 :

All right. Is there a second? (Motion seconded.) GOVERNOR BUSBEE: The motion is made and seconded . SENATOR BALLARD: Mr. Chairman, is it not true that

18 if we lock up between the House and Senate on the vote that it

19 can be a motion made to send it to a conference committee?

20

GOVERNOR BUSBEE: That's correct.

21

All right. All in favor of the adoption of the

22 Greene amendment to the Littlefield amendment, all in favor

23 rise and stand until you're counted.

M

(A show of hands.)

25

GOVERNOR BUSBEE: All right. All opposed.

PAGE 61

(A show of hands.)

2

GOVERNOR BUSBEE: All right, we have a division.

3 The House is one aye and 21 nays; the Senate is 13 ayes and

4 one nay.

5

A VOICE: Now is it in order to put it in a

6 conference committee?

7

REPRESENTATIVE PINKSTON: Mr. Chairman, I move that

8 the Greene amendment to the Littlefield amendment be put in

9 conference committee.

10

A VOICE: The whole thing.

..III
Z
11 j:
..o....

GOVERNOR BUSBEE: Let's just stop a minute .

9;1 We have made a lot of progress thus far, and I have been a part of all the failures we've had in the last 24

! 14 years in trying to adopt a constitution, but if you want to t; :-cr
..15 ~ put it into a conference committee I think you ought to put III
;;)
16 ~... the paragraph. There's no way we can put one amendment in, Q Z-c
17 : and I think this has turned out to be a farce. This is a

18 very serious deliberation. There's no way in God's world we

19 can afford to politicize the process that we have now, and

20 I think we need some serious deliberation on this.

21

I want to do what this body wants to do, but I think

22 we need to do it in an orderly fashion and with real

n deliberation on it.

24

REPRESENTATIVE BUCK: A point of inquiry. Would it

25 be proper to make a motion that this whole article go into

PAGE 62

the whole section go into the conference committee?

2

GOVERNOR BUSBEE: I think Representative Buck has a

3 good point. We really just voted on the amendment to an

4 amendment, and I don't think that we can put just the

5 amendment to an amendment in a conference committee. You

6 had a division, but that will not refer it on an amendment

7 to an amendment. If you have the main question and there's

8 a division you can, or if there is no objection we can put it

9 in under the rules we just adopted.

10

All right. Representative Buck.

REPRESENTATIVE BUCK: What I would like to do is to

move that this whole section be placed in a committee on

conference. I know we have had a lot of discussion about it,

I agree with what you said about the seriousness --

GOVERNOR BUSBEE: That motion will be in order, and

it is in order provided there's no objection to it.

The speaker said he would have the same committee,

18 and the lieutenant governor said he would have the same

19 committee. I'm sorry, that's on the other one.

20

All right. Go ahead.

21

REPRESENTATIVE BURRUSS: Mr. Chairman, I ask

22 unanimous consent that Article IV, I mean Article VIII,

23 Section IV be placed in conference committee.

24

GOVERNOR BUSBEE: The motion is unanimous consent

25 that Article VIII, Section IV be placed in a conference

PAGE 63

committee.

2

Is there objection? Hearing none, it is so ordered.

3 Make the appointments.

4

SPEAKER MURPHY: I put on my committee Mr. Triplett,

5 Mr. Burruss and Mr. Coleman.

6

Wait a minute, I meant Buck. I was looking at one

7 and said another; I meant Buck. Buck, Burruss and Coleman.

8 I was looking at one and said another, I'm sorry.

9

GOVERNOR BUSBEE: The lieutenant governor is ready

10 to make his appointments.

" 11

z
j:

.'2"..

LT. GOVERNOR MILLER: I appoint to that conference

@;I committee Senator Ballard, Senator Gillis and Senator Greene. A VOICE: I move we have a ten-minute break.

! 14 .I,-. ~ :I:
15 q
"'"::J
16 ~... Q Z ~
17 :l section:

GOVERNOR BUSBEE: All right. Next section. MR. HILL: Section V is on local school systems. The following notable changes have been made in this

18

Paragraph I preserves all existing school systems,

19 but facilitates the consolidation of local school systems

20 by eliminating the double majority voting requirement and

21 providing for consolidation upon approval by a simple majority

22 of the voters voting in a referendum in each separate school

23 system affected.

24

The provision in present Paragraph VI prohibiting the

25 establishment of new independent school systems has been

PAGE 64

moved to the end of this paragraph.

2

In Paragraph II, Board of Education -- I'll just

3 summarize all of the paragraphs in this section; we can come

4 back then to each one after I do that.

5

Paragraph II, Boards of Education, allows for the

6 method of selection of local boards as provided by law, thus

7 eliminating the necessity for the lengthy procedural language

8 in the present Paragraph II. Present Paragraph II(d) giving

9 authority to the General Assembly to make provisions for local

10 schbol trustees has been eliminated as being unnecessary.

Paragraph III, Local School Superintendents,

represents a significant departure from the present law by

mandating the appointment of the members of all local school

superintendents by the members of the local boards of

education. The committee felt this would ensure a superin-

tendent who would be more responsive to the board than an

elected superintendent. The committee did express concern

18 about the need for professionalism in the office of

19 superintendent, and felt that the appointment process would

20 facilitate that goal.

21

Paragraph IV on Changes in School Boards provides

22 that any change in the composition, term of office and method

23 of selection of the local board of education could be brought 24 about by local law conditioned on the approval of the voters 25 in a referendum. This patterns the present provision with

PAGE 65

respect to the changes in the local school boards.

2

Paragraph V on the Power of the boards to contract

3 with each other includes the general contracting authorization

4 in the present Paragraph IV, and a new provision authorizing

5 the sharing of facilities and services under joint administra-

6 tive authority. The committee recommends adding this latter

7 provision because Georgia courts have ruled that joint

8 ownership and operation through contracting may not be done 9 under the present Article VIII, Section V, Paragraph IV.

10

Paragraph VI, Grants, Bequests and Donations,

authorizes local school systems to accept grants and bequests,

and is transferred from present Section VI, Paragraph II.

Finally the Special Schools paragraph is an

editorial revision of the present Section IX, Paragraph I.

The major change in the proposed paragraph authorizes the

creation of special schools by general or local law. The

present paragraph authorizes the creation of special schools 18 by local law subject to local referendum.

19

Secondly, the proposed revision requires voter

20 approval by referendum prior to incurring bonded indebtedness

21 or levying a school tax to support these special schools. 22 In the present paragraph this authorization is part of the 23 local law which must be approved in a referendum.

24

There have been a number of deletions from the

25 present provision or the proposed revision of this section.

PAGE 66

The proposed revision deletes the open meetings

2 requirement. The Georgia Supreme Court's decision in a

3 recent case weakened the ~pen meetings requirement by

4 interpreting the constitutional provision that is in the

5 present constitution as being synonymous with the Sunshine

6 Law, and the committee decided the paragraph could therefore

7 be deleted and addressed more appropriately in the Sunshine

8 Statute.

9

There are other things which I may point out about

10 deletions, but you may want to go back now to Paragraph I

and consider these paragraph by paragraph.

GOVERNOR BUSBEE: Senator Kidd.

SENATOR KIDD: Governor, I would like to clarify

on my page 5, I've got so many different ones here, but on

page 5, line 5 where it states no independent school system

shall hereafter be established, then you come over to page 6,

Paragraph VII, special schools, and it states the General

18 Assembly may provide by general or local law for the creation

19 of special schools in such areas as may require them.

20

Now, I'm wondering about denominational schools,

21 private schools, and aren't we in one area saying one thing

22 and turn around in another area saying something else?

23

I cannot see the point of having that line 5, no

24 independent school system shall hereafter be established;

25 I think that should be knocked out, and then go with your

PAGE 67

paragraph VII dealing with special schools.

2

SPEAKER MURPHY: The reason for that being in the

3 constitution, Senator, I happen to have an independent school

4 system in my city -- the reason for that being established is

5 there were being independent school systems established all

6 over the State of Georgia in the rich communities which was

7 killing the poorer areas of the state, and that's the reason

8 it was stopped, and I think properly so.

9

The reason for this paragraph in the constitution is

10 it allows the General Assembly to establish schools for the

I:J

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11

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blind,

deaf,

or people

of

that nature.

That1s the reason for

@ ; j this. We might need to establish -- we've got one in Atlanta, we've got one in Cave Springs, and we might need to establish

14

~
1;;

one

in

south

Georgia,

and

that's

the

reason

for

that

part

in



:I:

15 Q the constitution.

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16 ~...

SENATOR KIDD: In your opinion then private schools

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17 ~ or denominational schools would not be affected by this

18 wording?

19

SPEAKER MURPHY: None whatsoever, Senator.

20

SENATOR BARNES: There's a difference between

21 independent and special.

22

GOVERNOR BUSBEE: Are there any other questions on

23 Section V?

24

Representative Ross.

25

REPRESENTATIVE ROSS: Mr. Chaiiman, I have a small

PAGE 68

amendment to Paragraph I. In the committee version on page 4 2 under line 33 I would ask that the word "qualified" be placed 3 in there. That would comport with the language that has been 4 used in many other instances. "No consolidation shall become 5 effective until approved by a majority of the qualified voters

6 voting .. " The word "qualified" has been used pretty well

7 throughout. Just a little technical change.

8

GOVERNOR BUSBEE: All right. On this amendment is

9 there any objection to the adoption of the Ross amendment?

10

The chair hears none. The Ross amendment is adopted.

11 "5z

SPEAKER MURPHY: Can I make a motion for a ten-

~-~ i2 minute rec::::RNOR BUSBEE,

We will be in recess for ten

14 ~I minutes.

:~z:

15 olI

(A brief recess.)

Ill:
"~ ! 16

GOVERNOR BUSBEE: All right. We're running late,

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17 ~1I everybody take your seats, let ' s start.

18

We are going to commence now consideration on local

19 school systems, Section V, Paragraph I.

20

Ben, do you have amendments to that?

21

REPRESENIDATIVE ROSS: Mr. Chairman, the amendment was

22 we insert the word "qualified" in Paragraph I.

23

A VOICE: That's been adopted.

24

REPRESENTATIVE ROSS: That's been adopted I thought.

25

GOVERNOR BUSBEE: That's already been adopted.

PAGE 69

Are there any other amendments?

2

REPRESENTATIVE ROSS: Not to Paragraph I, no, sir.

3 I have one to Paragraph II.

4

MR. HARRIS: The issue will be Paragraph I as

5 amended.

6

GOVERNOR BUSBEE: Is there any further discussion on

7 Paragraph I as amended?

8

Representative Ware.

9

REPRESENTATIVE WARE: Mr. Chairman, in my county I

10 have four school systems, three independents and a county

11

"z
i=
o.'G".o.

system.

They're in the process at the moment of making a

@ ; j study, two of the independent systems and the county system toward forming a comprehensive high school. The two

! 14 ... independent systems would relinquish their high school students

<:'z":

15 oll to the county, but would retain their students below the high

"'"::;)

16

.~..
oz

school

level,

and it

looks

like

to me

that would be very

17 : difficult to accomplish the way this is drawn.

18

I don't know the answer. I have talked to three

19 different lawyers and have gotten three different answers,

20 and I would like to see this passed by or deferred action on

21 this until this can be cleared up as to whether or not it can

22 be done the way this is being written.

23

GOVERNOR BUSBEE: Doesn't it provide now on line 28

24 that you can have any combination, consolidation of any two

25 or more county school systems, independent school systems

PAGE 70

or any combination thereof into a single county or area school

2 system?

3

REPRESENTATIVE WARE: That's talking about combina-

4 tions of the school systems, yes, but not portions of the

5 school systems.

6

It's been suggested on the Ross amendment if you

7 would add -- it's about six or seven lines down where it says

8 any two or more county school systems, independent school

9 systems or portions thereof, adding three words might cure

10 it, but there's some disagreement on that.

"z
11 ~

GOVERNOR BUSBEE: I don't know how to proceed.

o

lao

8);1III You're asking we postpone consideration of Paragraph I? REPRESENTATIVE WARE: Paragraph I, or put it in a

! 14 I- conference. I make a motion to put it in conference to see if

til
:z:

15 ~ we can work it out, or we postpone action on it: either one

~

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16 ~... that you would like to have

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17

GOVERNOR BUSBEE: What's your motion?

18

REPRESENTATIVE WARE: I move that we delay action on

19 Paragraph I of Section V.

20

SPEAKER MURPHY: How about after lunch?

21

GOVERNOR BUSBEE: We're going to try to get through

22 with Article VIII. Some of them wanted to just try and work

23 straight through today and get through with this.

24

Is there any objection to suspending action on this

25 and it will give you a few minutes to look at it further and

PAGE 71

prepare any amendments?

2

Any objection to suspending this temporarily and

3 coming back to it? If not, we'll suspend action, but when

4 it's perfected we've got to consider it.

5

All right. Paragraph II. Let's go to Paragraph II,

6 Mel.

7

MR. HILL: I think Mr. Ross had an amendment to

8 Paragraph II as well.

9

REPRESENTATIVE ROSS: Mr. Chairman, this is a very

10 simple amendment. All it does is add in the paragraph the

11 ;"z: word "compensation and additional qualifications." We have to
'f"
@;iIII set the compensation of school board members by law, and so it just permits that they have such compensation as may be

14 .~.. required by law. School board members must reside within

VI
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15 o!I the territory embraced by the school system. This provides

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16 ~ that the legislature could add additional qualifications.

III
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17 ::;

GOVERNOR BUSBEE: All right. Is there objection to

18 the adoption of the amendment? If not, the amendment is

19 adopted.

20

Is there any further discussion on Paragraph II as

21 amended?

22

A VOICE: Move the adoption.

23

GOVERNOR BUSBEE: The motion is made it be adopted.

24 Second?

25

(Motion seconded.)

PAGE 72

GOVERNOR BUSBEE: The motion is made and seconded. 2 Is there objection to the adoption of Paragraph II as amended?

3 If not, it's adopted.

4

All right. Paragraph III.

5

MR. HILL: As I said, Paragraph III represents a

6 significant departure from the present constitution requiring

7 that all local school superintendents be appointed by the local

8 boards. All of the existing board members would serve out the

9 remainder of their terms. I mean the school superintendents

10 would serve out their terms.

III

11

Z j:

II:

REPRESENTATIVE ROSS: Mr. Chairman, there is an

2

III

~;j amendment to that. The amendment would provide that the county school superintendent would be continued -- would continue to

! 14 $ be elected; however, the method of electing or appointment

:z:

15 011 could be changed from what it would be at the present time

~

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16

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III

by

having

a

referendum

of

those

people

voting

within

that

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a 17 particular county, and it goes on down and provides for their

18 term of office, requirements, et cetera, but the main thing

19 is it would let them continue to be elected, but by changing

20 of the law applying to that particular county by referendum

21 they could do whatever they wanted to. It doesn't force it on 22 anybody.

23

GOVERNOR BUSBEE: Charlie Tidwell drew an amendment

24 that I think accomplishes the same thing I'd like for you to

25 look at. Would you hand Mr. Ross one of those?

PAGE 73

I think it does the same thing. Look and see if the

2 language isn't shorter there. The amendment he's passing out

3 now would be something -- there's no change unless your people

4 vote for a change on the selection, but it provides that there

5 shall be a school superintendent of each system, the school

6 superintendent shall be the executive officer of the board of

7 education, shall have such powers and duties as provided by

8 general law, and Ben has the language, there's no controversy

9 on that. He's passing those out.

10

It just says that the method of the election or

11 ~".z.. appointment of each school superintendent in effect on June
@riJ r I12 ~ 30th 1983 shall continue to govern the election or appointrnent' of ea:h school superintendent until changed thereafter

14 ~I only by local law conditioned upon approval by a majority of

:r

15 : the qualified voters voting in a referendum election in the

'"::;)
16 ~III system affected.

z

17 :

REPRESENTATIVE ROSS:

I would have no objection to

18 that.

19

GOVERNOR BUSBEE: I think that does what you're

20 proposing.

21

A VOICE: Move its adoption.

22

(Motion seconded.)

23

GOVERNOR BUSBEE: All right. The motion is made and

24 seconded that this amendment that was just passed out that Mr.

25 Tidwell has drawn be adopted. Now, you have copies of that.

PAGE 74

That just continues what you have, and you can change it by

2 local legislation subject to a referendum.

3

Is there objection to the adoption of this amendment?

4 If not, this amendment is adopted.

5

All right. Of course that would be a complete

6 substitute. Is there objection to the adoption of Paragraph

7 III as amended?

8

If not, it's adopted.

9

Paragraph IV.

10

MR. HILL: Paragraph IV is an additional provision

!

11

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a.o.t.

providing that

--

I'm sorry.

Paragraph IV is essentially

1M

8);~ what we have under the present constitution, it requires that any change in the composition of school boards, term of

! 14 I..-. office and method of selection of board members may be done

~
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15 Q by local law conditioned on referendum.

It at

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16 ~

GOVERNOR BUSBEE: Same procedure there. You don't

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17 = have an amendment to that, do you, Ben?

18

REPRESENTATIVE ROSS: I had one, but it's of no

19 consequence.

20

GOVERNOR BUSBEE: Is there objection to adoption of

21 Paragraph IV? If not, Paragraph IV is adopted.

22

Paragraph V.

23

MR. HILL: As I mentioned earlier, this is the

24 contracting provision, the inter-school system contracting

25 provision allowing boards to contract with one another

PAGE 75

for the education of pupils and other activities as provided

2 by law.

3

GOVERNOR BUSBEE: Mel, we can't hear you, but now

4 if you're looking at Paragraph V it doesn~t make sense.

5 It says any two or more boards of education may, and it just

6 stops.

7

MR. HILL: That should be crossed off. Cross off

8 the last two lines of page 5.

9

GOVERNOR BUSBEE: I've got you. It's on the next

10 page. Paragraph V, that's on page 6 of your handout right

@;;"z

11

j:
Io..l..l..:

there.

Does everyone have that before them? Is there any amendment to that? There is no amendment to it. Is there any discussion

! 14 I- of it?

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15 .:I

If not, is there objection to adoption of Paragraph

"Ill:
~

16

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V?

If not, Paragraph V is adopted .

17 :

Paragraph VI.

18

MR. HILL: This is merely a transfer of an existing

19 provision from another part of Article VIII.

20

GOVERNOR BUSBEE: There is no amendment on Paragraph

21 VI, is there?

22

Is there any discussion on it?

23

A VOICE: Move the adoption.

24

(Motion seconded.)

25

GOVERNOR BUSBEE: The motion is made and seconded.

PAGE 76

Any discussion?

2

If not, is there objection to the adoption of

3 Paragraph VI? If not, it's adopted unanimously.

4

All right. Now, going to Section VI, Local Taxation

5 for Education.

6

MR. HILL: Paragraph VII we still need to do, which

7 is special schools.

8

GOVERNOR BUSBEE: I'm sorry. Paragraph VII.

9

MR. HILL: This authorizes the creation of special

10 schools by general or local law, but it does require that

~

11

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there

needs

to

be

a

referendum

if

there

is

a

bonded

.f..

~;i

indebtedness or an additional school support of these special schools.

tax

levied for

the

14 ~I

Now, in the present constitution special schools are

:'<z"C:

IS .:. delineated, and the committee felt that there should just be

"llI:
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16 ~... a general term "special schools" to cover any type of schools

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17 : that the General Assembly would choose to cover.

18

Presently this term encompasses the vocational

19 trade schools, schools for exceptional children and schools

20 for adult education only, but under the proposal would be

21 broadened to include any type of special schools which the 22 General Assembly might provide by law, but it would require

23 that before there could be an additional bonded indebtedness

24 or tax in any of these local systems to support these schools

25 there would have to be a referendum approval.

PAGE 77

GOVERNOR BUSBEE: All right. That's Paragraph VII.

2 There is no amendment to it.

3

A VOICE: Move its adoption.

4

(Motion seconded.)

5

GOVERNOR BUSBEE: The motion is made and seconded.

6 Is there any discussion?

7

If not, Paragraph VII is adopted.

8

Now we go to Section VI, Local Taxation for

9 Education,' Paragraph I.

10

MR. HILL: This section provides for a uniform

millage limitation, a uniform method of certification and levy

of the school tax by boards of education of all school

systems, except that proposed Paragraphs I(c) and I(d)

grandfather in those county, independent and area school

systems with a different millage limitation and a different

method of certification and levy.

In other words, it's attempting to establish a

18 general rule, but then there's an exception that states that

19 those systems that have a different millage limitation or a

20 different method of certification of levy on the effective

21 date of the new constitution would retain those provisions.

22

GOVERNOR BUSBEE: All right. Is there --

23

REPRESENTATIVE LEE: Let me ask a question, Governor.

24

GOVERNOR BUSBEE: Mr. Lee.

25

REPRESENTATIVE LEE: I hear often the county

PAGE 78

commissioners who are the fiscal authority, the governing 2 authority of the county complain about school boards, their

3 having to levy the tax that the school board certifies.

4 Is there some way we could write this where school boards 5 could get credit for what they're doing and the county

6 commissioners and the governing authority would get credit

7 for what they do? Is there any new language on that, Mel,

8 changed from the old constitution?

9

GOVERNOR BUSBEE: This is no change from the present

10 constitution on that, is there, Mel?

!l

11 j: Ill:

MR. HILL: No.

2...

~;i GOVERNOR BUSBEE: There's no change from the present constitution, but there is a provision for those that have

! 14 t; more than twenty mills, that that would continue and that it

z~

15 olI could be changed by local legislation with a referendum of

"CII
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16 I... the people .

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17

All right. Is there any question on Paragraph I?

18

REPRESENTATIVE PINKSTON: One question, Mr. Chairman.

19

GOVERNOR BUSBEE: Representative Pinkston.

20

REPRESENTATIVE PINKSTON: Mel, as you know we have no

21 limitation in Bibb County, but the county commissioners have

22 to approve the levy, the school board levy, and this preserves

23 that as I understood what you said.

24

But now can we, should we have a desire to and want

25 to have a referendum to come under the general provision of

PAGE 79

twenty mills and so forth, can we get out of the grand-

2 father in other words, or is it absolutely prohibited once

3 it is grandfathered in?

4

MR. HARRIS: Under Paragraph (d) which is the method

5 of certification and levy, which would address the point

6 you're talking about on --

7

GOVERNOR BUSBEE: (d) covers you is what Mr. Harris

8 is saying.

9

MR. HARRIS:

on the county commission having to

10 approve it, you could get out from under it by general or

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..11

j:
'2"

local

law.

@;~

GOVERNOR BUSBEE: With a referendum. MR. HARRIS: No, this does not provide for a

14

~
lo:z-n:

referendum.

15 q

REPRESENTATIVE PINKSTON: I see that. Thank you.

Cl

..'";;;)
16 ~

GOVERNOR BUSBEE: Any other questions?

Q

Z

17 :

If not, is there objection to adoption of Paragraph I?

18 It's adopted.

19

REPRESENTATIVE ROSS: Is that in its entirety, Mr.

20 Chairman?

21

GOVERNOR BUSBEE: Say again. That's just Paragraph I~

22 We're going to Paragraph II next.

23

MR. HILL: Paragraph II relates to increasing or

24 removing the tax rate. The proposal would say that the twenty-

25 mill limitation provided for in Subparagraph I(a) could be

PAGE 80

increased or removed by action of the boards of education,

2 but only after this action had been approved by a majority

3 of the qualified voters voting thereon in a referendum.

4

There has been a suggestion that this be changed to

5 read that the mill limitation in effect on June 30, 1983

6 for any school system may be increased or removed rather than

7 to limit it to the twenty-mill provision here, and that's the

8 staff suggestion to say that whatever mill limitation they

9 have, then that mill limitation can only be increased or

10 removed pursuant to a referendum in the area.

~

11 j:
'2"

GOVERNOR BUSBEE: I think it's a good amendment.

III

@);i It would just make it consistent. You see what he's talking about is just change the millage limitation in effect on

14 tI June 30th, 1983 to be increased, decreased, provided there's

~ :z:

15 a .:I referendum.

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16 ~ III

Is there objection to the staff recommendation for

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17 that language change?

18

If not, it's adopted.

19

All right. Mr. Ross.

20

REPRESENTATIVE ROSS: Mr. Chairman, parliamentary

21 inquiry. I understand that you adopted all of Paragraph I.

22

GOVERNOR BUSBEE: That's correct.

23

REPRESENTATIVE ROSS: I would like to ask that we

24 reconsider our action in adopting Paragraph I. I have an

25 amendment to Paragraph (b) of Paragraph I, just a little

PAGE 81

technical amendment.

2

GOVERNOR BUSBEE: Is there objection that we

3 reconsider our action in adopting Paragraph I so he might

4 offer an amendment to Subparagraph (b)?

5

If not, it is reconsidered.

6

REPRESENTATIVE ROSS: Subparagraph (b) provides a

7 statement that school tax funds shall be expended only for

8 the support and maintenance of public schools, public

9 education and activities necessary or incidental thereto.

10

I'm moving that we strike the words "or incidental,"

11

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j:
c.o.o.:

because we

don't

--

you know,

everything

in

the world might be

1M

12 ~ incidental to education, regardless of whether it's necessary for it or not, so we move to strike those two words, and
9 r l! 14 !;; then going into the last line of it including school lunch

<C

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15 .:I purposes, we would move to strike purposes and restrict it to

"co:
;:)

16

~
1M

facilities.

We don't really know what the word "purposes"

gDz
17 is dealing with.

18

GOVERNOR BUSBEE: That would be as far as school

19 lunch facilities, then you couldn't include food. That would

20 be a very substantial change that you're making in both of

21 those.

22

REPRESENTATIVE ROSS: I understand the money comes

23 from other sources, not tax funds for the purchase of the food.

24

SENATOR BARNES: That's going to change.

25

GOVERNOR BUSBEE: Senator Barnes.

PAGE 82

SENATOR BARNES: Well, even though the money now

2 comes from the federal government on the school lunch program,

3 they're debating now to do away with that and pick up a --

4 or at least the state pick up a greater share, or the local

5 government, state and local government pick up a greater share,

6 so if you restrict it to facilities only if the federal

7 government were to ever cut out the funding then you couldn't

8 use school tax money to buy food and pay personnel to cook it.

9

The other thing too is the incidental. One of the

10 problems we've run into in this section two or three times is,

"%
11 rjr:: for example, buying things that are connected with school
.2..
@);I facilities or school purposes like uniforms and athletic equipment, things like that, and that's not necessary to run

! 14 t; a school system. You could run a school system without :a:

15

q
:

uniforms,

but

it's

definitely

incidental

and

a

part

of

the

;:)

16 ~.o.. school system

%

17 =

GOVERNOR BUSBEE: Another thing just came up, Ben,

18 is that if you put that facilities it would not include school

19 lunch room workers. I mean this is a substantial change,

20 and also in incidental is a substantial change you're talking

21 about. 22

SENATOR REYNOLDS: It would knock out your bands,

23 your athletic programs.

24

A VOICE: Badminton.

25

GOVERNOR BUSBEE: Do you move the adoption of your

PAGE 83

amendment, or do you want to withdraw it?

2

REPRESENTATIVE ROSS: I'll move the adoption of it

3 and see what --

4

GOVERNOR BUSBEE: He moves the adoption of his

5 amendment. Is there a second to the adoption of his amendment?

6 Is there a second?

7

The chair hears none. The amendment receiving no

8 second will not be put.

9

All right. Now we have reconsidered on Paragraph I.

10 Is there any other amendment?

" 11

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j:

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If not, is there objection to ordering the previous

@~i question?

.. /j';/,

All in favor of the adoption of Paragraph I as

14

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previously

amended

--

Is there objection to the adoption as

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15 olI amended?

~ ::

16 .~..

If not, it is adopted

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17

All right. Go on to Paragraph II. We just discussed

18 it. Is there any further discussion on Paragr~ph II?

19

Representative Lee.

20

REPRESENTATIVE LEE: Mr. Chairman, it says that you

21 can't change this tax rate unless a referendum is held that

22 provided by law in the particular school system to be

23 affected. Does that say that the General Assembly would have

24 to pass some local law providing for a referendum, or can a

25 school board provide some means to have that referendum?

PAGE 84

What does that really tell me?

2

SENATOR BARNES: They have no home rule powers, so

3 it would have to be by the General Assembly.

4

GOVERNOR BUSBEE: It says in a referendum held in

5 the manner provided by law. I think it has to be an act of

6 the General Assembly; I don't think there's any question on

7 that.

8

SENATOR KIDD: Could "in" be changed to "for a

9 particular school system to be affected"? Could "in" be

,10 changed to "for"?

I think the way it's worded now is just

11 5 like the representative just stated, you're going to have to 2...
~;I pass a law dealing with that particular school, but if you change it to for the particular school system to be affected,

! 14 $ then you would be covered.

%

15 0
~

REPRESENTATIVE LEE:

16

z~ ~z

Assembly.

I want it to go to the General

17 =

GOVERNOR BUSBEE: Yours would, there's no question.

18 What Senator Kidd is saying is he wants it changed from "in"

19 to the word "for."

20

MR. HARRIS: Mr. Chairman, if I may --

21

GOVERNOR BUSBEE: Mr. Harris.

22

MR. HARRIS: If you read the sentence "voting in a

23 referendum in the particular school system to be affected

24 held in the manner provided by law," that's the way it is

25 really. That's what the reference is in the particular school

PAGE 85

system, it simply means that that's the only place that

2 referendum will be held on changing that school system's

3 millage rate.

4

A VOICE: The question is who calls the referendum.

5

GOVERNOR BUSBEE: It's held by law, the law would

6 have to be by the General Assembly. It says in a referendum

7 held in the manner provided by law. You would have to provide

8 for it by law.

9

A VOICE: It would be a local bill.

10

GOVERNOR BUSBEE: It would be a local bill.

"z
11 ~

Is there any other question concerning the adoption

2

@;iIII of Paragraph II? MR. HILL:

For clarity's sake, should we just

! 14 to:~z:

rearrange

that sentence then so it would say voting /

in a

15 Q referendum held in the particular school system to be

"III
;:)

16 ~ III

affected in the manner provided by law?

zQ

17 i

GOVERNOR BUSBEE: Yes, that would clarify what

18 Mr. Lee wants without any doubt.

19

Is there objection to the suggestion the staff just

20 made that we word it in that manner?

21

If not, that is amended.

22

REPRESENTAT~VE LEE: Move its adoption as amended.

23

GOVERNOR BUSBEE: The motion is that we adopt

24 Paragraph II as amended. Is there objection?

25

If not, it's adopted.

PAGE 86

Now we have the situation -- you have the dates

2 you have already been given. We did adhere to the articles

3 to be considered on those dates.

4

Now, we do have several conference committees that

5 we will hear from at the beginning of the next meeting that

6 we have before going into those articles, so if any of you

7 want to contact any of the conferees you will have the

8 opportunity to do so before our next meeting.

9

Just a minute. Mel.

10

MR. HILL: There was one amendment to Article VIII

11 5~ approved in the 1980 election that was not considered by the
..o....
!);~ article committee because they finished their work before that was approved, and there's a separate memo in your package

! 14 t; about this.

:~r

15 olI

Suffice it to say that the recommendation of the

1:1

Ol:

:::I

16 .~.. staff is that this provision can be taken care of in Article X

zQ

17 : and with a minor change in Article X we could provide for

18 this amendment that is now in Article VIII, so I will just

19 it's in your package now, if you're interested in it you can

20 take a look at it, but I'll bring it up again when we go

21 through Article X.

22

GOVERNOR BUSBEE: We didn't want you to think some-

23 thing was left out. We'll consider that with Article X is

24 what Mel is saying.

25

Is there any other announcement?

PAGE 87

We have one thing. We were trying to give Mr. Ware

2

we deferred one paragraph in hopes that he could work out

3 an amendment, so we might hear from Mr. Ware.

4

REPRESENTATIVE WARE: This is under Section V,

5 Paragraph I. I would like to amend this where it reads about

6 line 8 or 9, somewhere down there where it says

7

GOVERNOR BUSBEE: What's the number? Look over at

8 the left and give us the number of the line.

9

REPRESENTATIVE WARE: It's line 29.

10

GOVERNOR BUSBEE: Okay. Go ahead.

"z
11 j: Ill:

REPRESENTATIVE WARE: Page 4, adding after the

e;1.oA..words "independent school systems," comma, "or portions thereof," comma, adding three words.

14 .~.I.

GOVERNOR BUSBEE: All right. The proposed amendment

<I(

:z:

15

~
"Ill:
j

would

be

on

line

29,

it would

read

"independent

school

16 .~.. systems," and then you would insert "or portions thereof

I:l

Z

<I(

17 :: or any combination thereof."

18

Is there objection to the adoption of the amendment?

19 The chair hears none. The amendment is adopted.

20

Now are there any other amendments to Paragraph I

21 of Section V?

22

A VOICE: Move its adoption.

23

GOVERNOR BUSBEE: All right. There's a motion that

24 Paragraph I be adopted.

25

(Motion seconded.)

PAGE 88

GOVERNOR BUSBEE: The motion is made and seconded.

2 Is there discussion?

3

Is there objection to adopting Paragraph I? If not,

4 it's unanimously adopted.

5

MR. HARRIS: Mr. Chairman, one technical question,

6 please.

7

We on the staff have noted several areas that just

8 need some technical revisions, a comma removed here, words

9 transposed there, and we would like to have the authority in

10 redoing this to make those editorial revisions and either

11

"z
;:
'o.."....

submit

it

back

to

the

full

committee

or

to

a

subcommittee

@r:j composed like a conference committee just for editorial revision.

g.?

14 I ~

GOVERNOR BUSBEE: I think the easiest way we could

<C %

15 ~ do that would be just simply to have that draft and pass a

"'";:)
16 ~... copy out to each member, then we can reconsider our action at

zQ

= 17 any time to adopt these technical changes.

18

Is there objection to doing that? All right.

19

Any other announcements?

20

All right. We stand adjourned.

21

(Whereupon, at 11:55 a.m. the committee meeting

22 was adjourned.) 23

24

25

INDEX committee Meetings Held on Constitutional Revision Legislative Overview Committee Meeting Held on June 18, 1981

LEGISLATIVE OVERVIEW COMMITTEE MEETING, 6-18-81

Proceedings. pp. 3-5 Conference Committee Reports.

ARTICLE I: BILL OF RIGHTS SECTION I: RIGHTS OF PERSONS Paragraph VI: Libel. p. 13 Paragraph XXVII: Spouse's separate property. pp. 5-10

SECTION II: ORIGIN AND STRUCTURE OF GOVERNMENT Paragraph VII: Separation of church and state. pp. 10-13 Conside, rations.
ARTICLE VIII: EDUCATION SECTION I: PUBLIC EDUCATION Paragraph I: Public education; free public education prior to college
or post-secondary level; support by taxation. pp. 14-22

SECTION II: STATE BOARD OF EDUCATION
Paragraph I: State Board of Education. Committee)

pp. 22-31

(referred to Conference

SECTION III: STATE SCHOOL SUPERINTENDENT
Paragraph I: State School Superintendent. pp. 31-45 (referred to Conference Committee)

SECTION IV: BOARD OF REGENTS
Paragraph I: University System of Georgia; Board of Regents. (referred to Conference Committee)

pp. 46-63

Legislative Overview Committe~ 6-18-81 Page 2

SECTION V: LOCAL SCHOOL SYSTEMS

Paragraph I:

School systems continued; consolidation of school systems authorized; new independent school systems prohibited. pp. 63... 64 t 68-71 t 87-88

Paragraph II: Boards of Education. pp. 64 t 71-72

Paragraph III: School superintendents. p. 64 t 72-74

Paragraph IV: Changes in school boards and superintendents. pp. 64-65 t 74

Paragraph V: Power of boards to contract with each other. p. 65 t 74-75

Paragraph VI: Power of boards to accept bequests t donations t grants t and transfers. p. 65 t 75-76
Paragraph VII: Special schools. pp. 65-67 t 76-77

SECTION VI: LOCAL TAXATION FOR EDUCATION Paragraph I: Local taxation for education. pp. 77-79 t 80-83 Paragraph II: Increasing or remov~ng tax rate. pp. 79-80 t 83-85

MATERIALS CONSIDERED AT MEETING OF LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION
AND SELECT COMMITTEE ON CONSTITUTIONAL REVISION HELD ON JUNE 18, 1981

COMMITTEE TO REVISE ARTICLE V I II

10

2

FINAL DRAFT

.11

3

November 1, 1.980

12

4

SECTION I.

14

5

PUBLIC EDUCATION

15

6

Paragraph I.

fW2l..k-~~ationi edqcatiQJlll 18

7 opportynity withoyt discrimio..,tjon; tULPubl1c educ'ltlon 19

8 prior to So Ueg.,; support by taxation. A genaral di ttusion 20

.9 of knowledge being essential to the preservation of the

10 rights and liberties of the people, it shall be the goal of 21

11 the State of Georgia to provide all citizen~ the opportunity /2

12 for educational develop~ent to the limits of their 23

13 capabilities Without discrimination. The orovision of an 24

14 adequate public education -for the citizens 5hall be 'I

15 primary obligation of the State of Georgi a. Public 25

16 education for the ~itizens prior to the colleqa or 26

17 postsecondary level shall be free, the expense of which

18 shall be prOVided for by taxation. The expense of other 27

19 public education shall be prOVided for in such manner anj in 28

20 such amount as may be provided by raw.

21

SEcn oN I I

31

22

srATE BOA RD OF EDUCA fI ON

32

23 .

Paragraph I. State Board of Educat1QD. (a) There 35

24 shall be a State Board of Education which shall consist of 36

25 one member from each congressional district in the state, 37

26 appointed by the Governor by and With the advice and consen~ 38

27 of the Senate. The Governor shall not be a member of said

28 board. The members in office on June 30, 1983, shall serve 39

29 out the remainder of their respective terms. As each term 40

30 of office expires, the Governor shall aopoint a successor as 41

31 herein provided. All such terms of members shall be for 42

32 sev~n years. Members shall serve until their successors are

33 apPointed and qualified, provided that members Sh3ll' be 43

- I-

subject to removal from office upon the affirmative vote of 44

2 a majority of the qualified voters ot their congressional 45

3 district voting thereon in a referendum called pursuant to

4 the method provided tor the recall of public elected 46

5 otficials. In the event ot a vacancy on the board by death, 47

6 resignation, removal, or any reason other than expiration of 48

7 a member's term, the Governor shall till such vacancy; and 49

8 the person so appointed shall serve until confirmed by . the

9 Senate and, upon contirmation, shall serve for the unexpired 50

10 term ot otfice. The members of the State Board ot Education 51

.II shall be citizens ot this state who shall have resided in 52

12 Georgia continuously tor at least tive years preceding their

13 appointment. No person employed , in a professional capacity 53 14 by a private or public education institution, or by the 54

15 State Department of Education, or by 8 school book 55

'1:6 pUblishing concern and no person whose appoint"!lent would 56

17 create 8 conflict ot interest tor such person as defined by 57

18 law shall be eligible tor appointment to or service on said

19 board.

20

(b) The State Board ot Educatio'n shall have such 59

2J powers and duties as provided by law.

60

22

(c) The State Board of Education shall be 62

23 responsible for the deve lopme nt, administration. and 63

24 coordination of state vocationa I-technical Aducation

25 programs.

26

(d) The State Board of Education may SJ:cept 65

27 bequests, donations, grants, and transfers of land, 66

28 bUildings, and other property tor the use of the state 67

29 educational system.

30

(e) Except as herein provided, the qualifications, 69

31 compensation, removal trom otfice, and powers and duties ot 70

32 the members of the board ot education shall be as provided 71

33 by law.

34

SECTION III.

74

35

SIATE SCHOOLSUPERINfENDENT

75

- 2-

Paragraph I. State Schoo) SlIoerl ntFlndp.nt. There 78

2 shall be a State School Suoerintendent who shall be 79

3 appointed by the State Board of Education, by and with the 80

4 advice and consent of the Senate. The State Board of

5 Education may prAscribe the qualifications, term of officFl, 81

6 causes and method of removal, duties, auth~rity, "!nd 82
"0
7 compensation and allowances of the Sti!lte School

8 Superintendent, prOVided that no person may hold the office 83

9 of State School Superintendent for more than .four 84

10 consecutive years without being reconfirmed by the SenAte.

.J I In case of a vacancy in such position for any rFlAson, thFl 85

12 board shall aoooint a new State. School Suparintendent who 86

13 shall serve immediately and until the Senate shall have 87

14 acted concernin~ such oerson's confirmation. No member of 88

15 the State 90ard of Education shall be eli~ible for

1.6 appointment as State School Superintendent during the time 89

17 . for which such member shall have been aooointed. ThFl State 90

18 School Superintendent in office on Junp. 30, 1983, shall 91

19 continue in office for the remainder of the term to which

20 elected, at which time the State School SuperintendFlnt shall 92

21 be. appointed as hereinabove prOVided.

93

22

SECTION IV.

96

23

BOA RD (J F RE GEtrrS

97

24

Paragraph I. UD~~System of Georgia; board 100

25 of regents. (a) There shall be a Board of Regents of the 101

26 University System of Georgia which shall consist of one 102

27 member from each congressional district in the state and 103

28 five additional members from the state at large, appointed

29 by the Governor, subject to confirmation by the Senate. The 104

30 Governor shall not be a member of said board. The membFlrs lOS

31 ~n office ~n June 30, 1983, shall serve out the remainder of 106

32 their respective terms. As each term of office expires, the 107

33 Governor shall appoint a successor as herein prOVided. All

34 such terms of members shall be for seven yeArs. Members 108

35 shall serve until their successors are appointed and 109

36 qualified.

- 3-

(b) The board ot regents shall have the p.xclusive I II

2 authority to create public colleges, Junior colleges, and .112

3 universities in the State ot Georgia. The government. .113

4 control, and management ot the University System ot Georgia

5 and all of the institutions in said system shall be vested _II 4

6 in the Board of Regents ot the University System nf Georgia. 115

7

(c) The board ot regents shall have the powers and .111

8 duties as provided by law eXlsting at the time ot the J 18

9 adoption of the Constitution ot 1945, together with such J 19

10 further powers and duties as may now or hereafter be

JI provided by law.

12

(d) The board ot regents may accept bequests, 121

13 donations, grants, and transfers ot land. buildings, and 122

14 other property -tor the use ot the University System ot 123

15 Georgia.

16

(e) Tne qual1ticat.1ons, compensation, and removal 125

17 from ott ice ot the members of the board ot regents shall be 126

18 as provided by law.

19

SECTION v..

129

20

LOCAL SCHOOL SYSTEMS

130

21

Paragraph I.

cootinUD.d.l 111

22 consolidatioo ot schQQl ~em5 aythorizad' new independent 134

23 school ~ystems .prohibited. Authority is granted to county 135 24 and area boards ot education to establish and maintain

25 public schools within their limits. Existing county and 136

26 independent school systems shall be continued, except that 131

27 the General Assembly may~ by general or local law, provide 139

28 tor the con,sol1dation i ot any two or more county school 139

29 systems, independent school systems, or any combination

30 thereot into a ~ingle county or area school system under the 140

31 control and management of a county or ,area board ot 141

32 education. No such consolidation shall become effective 142

33 until approYed by a majority of the voters voting in a

34 referendum in each separate school system being 14l

35 consol1dated. Any county or area school system so 144

- 4~

established shall constitute a separate political 144

2 subdivision of this state, and the school sy~tems 145

3 incorporated therein shall stand abolished. and title to All 146

4 school properties and assets therein shall vest in the 147

5 county or area board of education. No independent school

6 system shall hereafter be established. ~

148

7

Paragraph II Boards of ed\lca.t.1.Q.Q.. Each school 150

8 _ system shall be under the management and control of a board 151

9 ot education, the members of which shall be elected or 152

10 appointed as provided by law. School board memb9rs shAll 1;3

.II reside within the te rri tory embraced by the school system

12 and shall have such other and further Qualifications a~ may 1;4

13 ue required by law.

14

Paragraoh III. ~ol ~uQerin1~nis. (A) There 156

15 shall be a school suoerintendent of each system who sh~ll be 1<;7

16 appointed by the members ot the board of education of such 15~

17 school system. The school superintendent shall be the 159

18 executive officer of the board of education and shall have

19 such qualifications, powers, and duties as provided by 160.

20 general law, but the board of education of each system may 161

21 prescribe the term of otfice And causes and ~ethod of 162

22 removal of the school superintendent thereof.

23

(b) All school superintendents inotfice on June 164

24 30, 1983, shall serve out the remainder of their respective 165

25 terms. As each term of office expires, a successor shall be 166

26 appointed as provided in this Paragraph.

27

Paragraph IV. ~aa~~~oQ] baillds. The 163

28 composition of school boards, the term of officA, and the 169

29 methods of selecting board members. including whether 170

30 elections shall be partisan or nonpartisan, shall be as 171

31 provided by law applicable thereto on June 30. 1983. but mAy

32 be changed thereafter only by local law. condi tionedupon 172

33 approval by a ~ajority of the qualified voters voting in a 173

34 referendum in the system affected.

35

Paragraph V. eower of bQard~ to contract with each 175

36 ~. (a) Any two or more boards of education may 176

- 5-

Paragraph V. fawer of boards to contract with eac'h 175
2 Q.tbtt. (a) Any two or more boards, of education may 176
I
3 c.ontract with each other fOiT the care, education, and 177

transportation ot pupils and tor such other actlvl ties as 178

5 they may be authorized by law to perform.

6

(b). The General Assembly may PfoYideby general or 180

7 local _law tor the sharing ot facilities or services by and 181

8 between local boards ot education under such Jolnt 182

9 administrative author! ty as may be authorlzed.

10

Par89raph VI. eawer of boards to 4Ccept begue~ 184

JI ..donations. grants. and transhrs. The boa.r.d ot education ot 185

12 each school system may accept bequests, donations, grants, 186

13 and transters of land, buildings, and other property for the 187

14 ,use ot such system.

15

Paragraph VII. Special schQO~. (a) The General 189

1'6 Assembly may prOVide by general or local law for the 190

17 creation .ot special schools In such areas as may require 191

18 them and may pr~vide tor the participation of local boards

19 ot .education jn the establishmentot such schools under such 192

20 .terms and conditions as It may prOVide.

193

21

(bJ NotWithstanding SUbsection (a) above, no 195

.22 political subdiVision may be authorized to Incur bonded 196

23 indebtedness or ma~requlre the levy of 8 school tax for the 197

24 support of sueh schools wi thout appr:oval by a major! ty of 198

25 the ~uallt1ed voters 'Y.oting In:a reterendum held thereon In

26 each ot the systems _ a.ttecte.d. Any such schools sha 11 be 1.99

27 operated In ~ontormlty with regulations of the State Board 200

28 ot Education pursuant to proisions of law. the state Is 201

29 hereby authorized to expend tunds for the .sucport and

30 maintenance .of such schools In such amount and manner as may 202

31 be pro.vlded by law.

32

(cJ Nothing contained herein shall be .constr~ed to 204

33 aftect, the authori ty ot local boardS! ot .education or ot the 205

34 state to suppor.t and maintain speclal schools created prior 206

35 to June 30, 1983.

- 6-

SECTIoN VI.

209

2

LOCAL TAXATIoN FOR EDUCATION

210

3

Paragr.aph I. Local tanH on tor education. Ca) 213

<4 The board ot education ot each school system shall annually 21<4

5 certity to its tiscal authority or au~horities a school tax 215

6 not greater than 20 mills per dollar tor the .support and 216

-1 maintenance of education. Said tis~al' authority or

8 authorities shall annually levy said tax upon the asse~sed 217

9 value of all taxable property within the territory served by 218

10 saId school system, prOVided that the le-vy made by an area 219

JI board of education, which levy shall not be greater than 20

12 mills per dollar, shall be in such amount and within such 220

13 11mi ts as may be presCr.ibed by local law applicable thereto. 221

1<4

Cb) School tax funds shall be expended only for 223

15 the support and maintenance Df public schools, publIc 224

16 .e4ucation, and acthi Ues necessary or incidental thereto, 225

17 including school lunch purposes.

18

Cc) The 20 mill limitation prOVided for in this 227

19 Paragraph shall not apply to ~hose school systems which are 228

20 authortzedon June 30, 1983, to levy a school tax in excess 229

21 ther.eof.

22

Cd) The method of certification ,and !.evy of the 231

23 school tax prOVided for in thls Paragraph shan not apply to _ 232

2<4 those systems that .are author.1.zed on June 30, 1983, to 233

25 .utilize a .different method of certification and levy of _such 234

26 tax, but the General Assembly may by general or local law

27 require that such systems be brought into conform1ty With 235

28 the method of c.ertiticatlon and levy herein prOVided.

236

29

Paragraph II. Increasing or remoying tax-TA1A. 238

30 The 20 mill limitation prov1ded in Par~graph 1 may be 239

31 increased or removed b action of the respective boards of 240

32 , e4ucatlon, but only after such actiDn has been approv.ed by a

.33 major.ity ot the qualified voters oting in ,a referendum held

3<4 1n the manner provided by law ,in the particular school

3S system to be affected.

- 7-

PRESENT CONSTITUTION

li'UCLE YI~l.

4188

2

DDCUIOR

4189

3

SEcnOR I.

4191

4

PDBLIC EDDC1UOR

4192

5

Paragrapll 1. Syste. of Co.moo Schoolsj Free 4196

6 taitioa. Ihe provisioa -of an adeqllate e<lllcatioll for the 4197

..

7

citizens sha1~ be a pri.arl ob~igatioa of the State of 4198

8 ;eorgia, the expease of which sha~ be provided for bi 4199

9 taxatioa.

4200

10

saCTIOB 11.

4202

11

0' STITE BOliD

EDDC1TIOR

4203

12

Raragraph I. State poa;d of Bdllcat10llj aethod of 4207

_.

13 ueoiDtaept. 1lae re shall -be a State BoarQ of ~ucation, 4208

14

cOlposed ot one Ie.ber fro. each Conyressional

-D

i

st

r

ic

-
t

in

-
15 t he State, who shal..l. be appointed bl the ,"overnor, by and 4210

._.

16

with the advice and coasent of the senate The Governor 4211
..

17 shall. not be a leaber of the State Board of Educatiou. The

-

. -.

18 eabers in office on the effective date of this Constitution 4212

19 slBll serve out the reaainder of their respective ter.s. 4213

20 Thereafter, all. succeeding appoint.eats shall be for seven

21 l - r - ~erJlS- fro. -the- expiration of t.he previous ter 4215

22 Vacancies upon said Board caused bI expiration of ter. of 4216

23

office shal~ be si.ilar~1 fil.led bi

and 4217

-

-

24 C oofir.atioll., 10 case of a vacaacI on said Board by death, 4218

25 resignation, or fro. aal other cause other thaa the 4.l19

_26 expiration of such .e.ber's ter. of office, the Board shall 4220

27 bi secret ballot elect his successor, who sha~l hold office 4221

28 until the eJlll of the next session of the Gelleral lssellblII 4222

.

_.

29 or if the General lsse.blI be then in session to the end of 4223

.

. ....

30 tha t seSSiOD. Duriag such session of the General lsse.blI 4224

~

.

.

-.

31 the Governor shall appoint the snccessor .e.ber of the Board 4225

32 for t~e "Uuexpired ter. -aad shall- snb.it- his-" na.e to --the 4226

- 117 -

S mate for . confi~lIation. -. - 1~~ . lleabers of tbe Boud shall, ,4221

2

bold office uati~ tbei~ successo~s a~e appoiated aad 4228

3

II II/llifi eel. file aeabe~s of tbe State Boa~d of ~IlCat;i,oA 4~~~

..

shall be citizens of tbis State vho shall have reside4 ~a 4230

5 Georgia continuouslr for at least five rears precediDg their 4231

6

1o pe~SOD eaplored ill a p~ofe~sioDal capacitr 4232

7 b 1 a private or pllblic edllcatioa iastitlltiOD, or bl the 4233

8

State DepartaeDt of Kducatioa, sball be eligible for 4.23_

9

a ppoiDtseat or to seJ:ve oa said Board. 10 ~ersoa vho ,is o~ 4235

10 bas beea cOnG8Cted with or eaployed br a scbool book 4236

.,

11

pablishillg cOJICea shall be eligible to aeuership on the 42~1

12 Board, and if aDr person shall be so coaDected or .aployed 4238

13 after hecoaiag a aeaber of the Board, his place shall 4239

14

i . .ediate~r becoae 'facaat. 7be $&id State Boa~d of 4240

15 Edllcatioa shall have sllch povers aad duties as pro'fidea br 4241,

16 lav aad ex.i,stiDg at the tiae of the ado}ltioa of the 4242 ..
17 constitutioa of 1945, together vit.h such f"t.heJ; Rovers a ad, 4243,

18 duties as aar aOlll or hereafter be proy ided 0l lave

4245

19

SICno. 1:1:1:.

4241-

20

srlfE SC~OOL SOPI81H,fEIDllf

4248

21

Ra.cagraph

1:.

State S<;;hool ~Ilpedatepdent; 4251

22 UgcUop. %en. ltc, tAere sbLll be a State School 4252

23 Superuteadent, 1140 shall be the eX8Clltiye officer of the 4253

24

S tate Board of Idllcatioa, e~ected at the saae tiae and i,G 4254

25 the salle AlUler and for . the .__ ters as that of the 4255
..
26 Governor. tAe State School $Ilperiateadent sAall have SllCJa 4256

21 qlJ&lificatioas aDd shall be pai'd such cospensatioa as say .be 4251

.

.

28 fi:l:ed brlav. 10 aesber of the State Board of Education 4258

29 shall be eligible for elect.ion as State School

...

30

Superintendent during the tis. for which he sha~l haye been 4259

31 . appointed.

4260

32

sicno. IY.

4262

- 118

BOABD 01 REGENTS

4263

2

ia~ag~aph~. UAiversity Slste. of Geo~gia; Boa~4 4266

3

9,f aegeAts. :rhe~e shall De a 8Oa~d ot Jiegents of the 4268

4

UDive~sity SIste. of Georgia, and the gover~.eAt, control,

5 and .aDage.ent of the University SIste. of Georgia and all 4269

6 of its institutions in said system shall De vested in said 4270

7

Board of Begents of the University SIste. ot Geo~gia. Said 4271

8 Board of aegents of the University System of Georgia sha~l 4272

9 c OIlsist of one .e.ber fro. each congressionai D"istrict in 4273

10

the- State,- and five additiona~ .eabers -fro." the 42711

11

State-at-large, appoint.ed DJ t.he Governor and confi~.ed by 11275

12 the Senat.e. the Governol: shall not be a .e.uer of the said 4276

13

Board. ~he .e.bers in office on the effect~ve date of this 11278

14 Constitution shall serve out the re.ainder ot their 11279

15 respective ter.s. faeceatter all succeed4ng appoint.ents 11280

16

s ball be for se YeA year ter.s fro. the eXil~ration of the 11281

17 P &:evious ter Vacancies upon said Board caused by 11282

18 ezpirat40n of teu of office sh~ be si.ibrlI filled by 11283

.-

19

a ppoint_nt and cOllfi~.ation. In case of a vacancy 011 said

20 Board DI death, resignation of a .eabel:, or 1:0. any other 4284

-

.

.

21

clIIIse othe~ than the expi~ation of such .e.be~s term of 4286

22

o Uice, the Board saall bI sec~et ba~lot elect his

23

s uccess~ , vho saall ho~d office llDtil the end of the next 4287

24 session ot the Gene~al lsse.bly, or i f the General lsse.bly 4288

..

25

be tben- -iA-session- to -the eAd-of that session. D~.i.ng such 4289

26 sessioA ot.the Genera~ lsseaDly the Governor shall appoint- - 4290

..

27

t be successo~ .eabe~ of the Board for the unexpired terlD and 4291

28

sball sllD.it his DA.e to the Senate fo~ confi~.atioA. All 4292

29

_be~s of tJle Board of aegents sha~l hold office unt.i.l 4293

30 their successors are afpointed. rhe said Board of aegents_ 42911

31 of the UniversitI SIste. of Georgia shall have the povers 4295
.-
32 and dllties as p~ovided bJ law existing at the ti.e of the 11296

33 adoptioA of the Constit.ution of 1945, togethe~ vith sllch 4298

34 furthec-pollea and-- dut.ies as-IllAY nOIl---..or-_herea.ft.er_be __ 4299

- 119 -

pro~ided hy law.

4390

2

Paagrapll I~_. PEog.a. fOE El~'ElY Citizegs. %he ~J9~

3 Board of .iegents is Ilere.by authorized. and diect.4 to '303

4 establish, .by not late than the heginnin~ ot the fall 4304

5 quarteJ: of 1977, a progra. IIhere.by citizeus of this State

6 wbo are 62 years of age o older IAf attend Wlits ot the 4305

7 Uni~ersity Syste. of Georgia lIitllout pay.,nt of fees, e4cept 'pl)6

8

for su~plies aud laboratory or shO~ fees, vhen sp~c~ 1$ IlJ07

9 availa~l. in a cou+se scheduled for resident credit.. Such 4308

10 progra. shall ~ot include attendance at classes in deAt~,

..

.

11 .edical, veterinarl, o law schools. Persoos who att~nd 4309

12 units of the University Syste. of Georgia uod.er the progra. 4310

13 establisiaed purslIil nt to this Paragraph sJaall ~ot.be cOWited 4311

14 as studeots by the Board of iegeots t.or blld~etary pllrposes.

15 T be Board of iegeo ts shall adopt aod pl:'o.lIl~ate rilles aod 43~~

16 regulatioJlS, not inconsistent with this Paragraph, ~o 4313

17 i IIple.ent and ca.uf out tile provisious of this ParagJ;a.ph.

4315

18

v. SECT~OIl

43'1

19

LOCAL SCHOOL SlSTE8S

113 '8

20

School PistricU- Authority is 43~1

.

.

21 granted to county and area boards of education to establish 4322

22 aod .a.~tain Eublic schools within their !i.its. %he 4324

. _..

.

23 Gemeral AsseAbly .al, by special or l~a,l law, provide for 4325

24 cODsolidaticn and .erger of ani two or .ore countJ school 4326

-

.

.

25 districts, independeot school systellS, or any portion or 4327

26 cOibination thereof, into a single area school district 4328
.
27 under the control and .anage.ent of an area board of 4329

28 education. 110 such couolidatioa or .erg!lJ:: shall beco.e 4330

29 effective until approved by a aajority o,f; th~ voteJ;;s v:pt,j,ng 4331

30 io each of the school districts or school, 51ste.s affected 4332

.

.

31 in a refereudul held theeon in each scAool district or 4333

32 school slste. being consolidated or .erged, l'rovided 51~ of

33 tbe registered voters in each district or syste. concerned 4334

- 120 -

shall vote in such e~ection and provided a m4Jority of said la335

2 voters voting shall vote in the affirmative. 1nl area la336

3 school district so established shall constitute a separate 4337

politicu suodivision of this State, and the school la338

5 districts or school systells or portions thereof incorporated 4339

6 t berein sb.a~l stand abolished, and title to all school la340 ...
7 properties aDd assets therein shall vest in the area board la341

8 of edllcatioD.

43la2

9

Pu:agr aph II. Boards of EducatioA.. Except as 4344

10 pro"ided in faragraph I of this Section, each cOllDtl, la346

11 ezell1sive of CUll independent school systell nOIll in existence

12 in a county, shul. coapose one school distr~ct and shul be la347

13 confined to tJle contl:ol and lIanageaent of a COllDty Board of 4348

1la Bducation.

4350

15

(a) EJu:ept as 11&1 DOW or hereaftel: be provided by 4351

16 any local or special law adopted pllCsuant to the pro"isions laJ52

17 of SUbparagraph (bJ of this Paragraph or as pro"ided in any 11353

18 local constitutional aaendaent applicable to any county 11354

19 school district, the Grand JllCY of each county shall select 4355

20

five citizens of their respecti"e count~es, who shall la356

21 cODstitute the Countl Board of Education. The mellbers of 4358

22 any such COllDty Board of Education ia office on the

23 _ffective date of this Constitution shall ser"e out the IlJ59

2la r_aind of their respecti"e teras. Tael:eafter, all 4360

25 S lICeaedin g appc:intiients shall be for fi Y8-yeal: terlls froll 4361

26 t he expiration of tlae previous tera. In case of a vacancy la362

27 on any sucb. County Board of Education by death, resignation

28 of a aeaber, 01: froll any other cause otb.er tlaan the 4363

29 expiration of sucla lIeaber's tel:lI of office, tb.e rellaining laJ64

30 lI_bel:s o such County Boal:d of Education shall by secret 4366

31 ballot elect his successor, IIIho shall ho~d office llDtil the

32 next GrCUld Jury con"enes at which tille said Gl:and JllCY shall IU68

33 appoint. tJae SlleeeSSOI: lIellbel: of such County Board of

E'duciltion tor the unexpired tera. The aellDers of any such 4369

- 121 -

1 County boad of Education of any such county shall be 4370

2 selected Com that potion of the county not eabaeed within 4371

'.

..

3 the terdt.ory of an independent school disuict.

4.313

~) lotwit.hstanding provisions contuAed iA

5 subparagraph (a) of this Raragraph or - in any local 4375
..
6 cODstitutioAal amendaent applicable to any county school 11376

7 district, the number of aeahers of a count] board of 4377

8 educatiOD, their tera of Office, residence reqllire..nts, 4378



.

9 =oapensation, aaDDer of election or appointaent, and the

10 aethod . fo.r .filling vacancies occurriAg on said boards, aal

.

..

11-- be'clallllged-by-local or'speeiallaw eonclitioned upon appronl

4319 4380

12 b'1 a aajority of the Cluallfied voters of the county school 4381

13 district . voting in a referendua thereOA. fteabers of cOllAty 11382

1/1 bcards of edllcatioA slaall have such powers aAd duties anel . 4383

15 such further gllalifications as aay be provided by lave

4385

'16

(c) fhe Dumber of aeahers of An area board Of 4387

..
17 e duca tioa, t.hei r aaAner of election or appoiAt.eAt, their 4388

18 teras, residence reCluireaent5, qualifications, powers,

19

..
duties aAd t.he aethod for filliAg vacancies on said boards

438~

20 shall be as provided by lav eAacted pursuant to Paragraph t 4390
.,.
21 of this Sectioa. Subseguent to the creation of aA area 4392

22 school disuict,' the nuaber and aanner of electioA or 4393

23 a ppoint_nt of aObers Of the area board of education and 4394

24 . a et-hod .-or" . fil;1;i.Ag ..-yacaucies 'occlu:ring -on said -boards,' "and
. .. 25 tbeir teras of office and residence regULe_nts aal be 11395

26 changed by local or special law, conditioned llpOA appronl 4396

27 by a aajority of the qualified voters in each of the 4391

28 original Folitical subdivisions of the area school district 4398

..
29 voting in a refeDandua thereon. fteabers of area boards of 4399

..
30 education shALl have such povers, duties, aAd further



.

31 g aalifica t.i ons as pro dded by law.

32

(d) fhe GeAeral Asseabll shall have authority to

..

..

33 aate provisioA for local trustees of each school in a cOllAtl. 4405

34 slStea aDd confer authority upon thea to aake 4406
35 .. , re::o....odilt:ioAS as -w -budgets" 'and e.ployaent of teachers and'-' 4,407

- 122 -

other autho.cized employees.

/l/l08

2

Ra.cagraph 111. 'eetings of Boards of EducatioQ. /6/610

3 111 officia~ meetings of County or Area Boards of Education 4411

Shall he open to the pUh~ic.

/6/61J

5

pa.l:ag.caph lY. fover of Boards to Contract Ute /6/6 16

S lac" OtAer. ADy two or lIore county boards of education, /6417

7 independent scboo~ syst.as, or area boards ot education,. or 4/618

8 any coah~ation thereof, lIay contract with each other for /6/619

9 the care, education, and transportation of pupi~ and for /6420

10 soch other activities as thel aal be authorized by law to 4/621

11 pectora.

/6/622

12

v. Paragraph

~l superinteQden~.

There sha~~ 4/625

.

..

13 be a schoel superintendent of each scnOOL district, who /6426

"

s ball he tbe uecutive otficel: of the hoard of education.

.

..

4428

15

(a) Except as say. now or he.ceafter be p.covided by /6429

16 a DJ local or special law adopted pursuant to the provisions /6430

17 of sUbparagrapn ~) of this Paragraph or as ~rovided in any 4431

18 local constitutiona~ amendllent applicable to any county

-

.

19 school superintendent, the county school superintendent

20 sb&ll be elected hy the people and his tel:1I of office shall

21

. be for four }ears and.cun cODCurrent~y with other county 4435

22 officers.

~ua~ifications and the salary of the County 4436

23 School Supe.cinteDdent sha~l be fixed bl law.

4437

2/6

(b) II otllithstanding proyisions contained in /6439

25 s ubparag.caph (a) of tAis Paragraph or in any local 4440

26 constitutional allendsent applicable to any county school 4441

27 s uperintendent, the ters of office of County school

28 superintendents, their residence requirellents and tAe lIethod

29 of their electien or appointment Hy be chu~ed by local 01: 4444

30 special 1alls conditioned upon approYa~ by a lIajority of the

31 qualified yoters of the count] school distJ:ict voting in a 4446

32 referendull tllereon.. Count] school superi.ntendents shall 4447

33 haye such qua~fications, powers, duties aAd compensation as 4448

- 123 '-

aay be proYided hy lall.

2

(C) The lanaer of electioa or a~poiat.eAt, the 4451

3 CJ uallfica tions, t.r. of office, resideace requireaeats, 4452

4 pOllers, Quties aDd coapeASatioa of aay .area school district

5

s uperiateade.l1t sha~l be as provided by ~all eaacted pursuaat

6 to Paragraph ~ of this Sectioa. SubsequeDt to the c rea tioa

7

of aD area schoo~ district, the lIAaur of e~ectioQ. or 4455

8 s ppoiDt_at of the area school superiatendeat, aad liia 41156

..

9

tenure, aad resia.ee require.ats, aal be chaaged by loca~ 4458

. _.

-,

10 or special !all, co.ditioa.d upoa approval by a aajority of 4459

11 the qualified voters i.l1 each of the origil1al potitical 4460

12 subdivisioas of the area school district yotiag ill a

13

retereadua thereon. Area school superiateod~ats shall haye 4462

14 such pOllers, duties, aad further qualificatioAS as provided 4463

15 b I law. ,

4464

16

Paragraph u. .ladegudUt SISte" COAtinlMild: lev 4466

.~

.

17 uns:a.s_ _P.r..o...h..i.=b=i.t...e..~4,.

Autaority is herebJ grant.ed to 4461

18

IUDicipal corpOIat~oAS to aaiataia exist.ag iadependeat 4468

19 school systau, aad support the sa.e as authorized by 41169

20 special or geDeral law, aad such e%istiag systels aay add 4410

21 thereto colleges. 10 il1depeadeat school Slste. sha~ 4411
...

22 heeeafter be established.

4412

23

Paragraph 'XX. Certaia SrstSIi protected. Public 4414

24 school slsteu established prior to tile adoptioa of the 4476

25 Coastitutioa of 1877 shall aot be affected by this

26 CCIlstitutiol1..

4417

27

SiCUOI n.

4419

28

GillTS, BEQUESTS AID DOIA2XO'S

4480

\

29

Paragraph X. iraats. Beqyests asdpoaatioGs' 4484

-

-- -- ...

30

lerlit.te4. ~JIe State Board ot Bducat.oa aA4 tae ae~eats of 4485

31 t be Uaiversity. SJste. of Georgia 01 4ccept Dequests, 4486
.. ,
32 donatioas aad grants of !al1d, or other property, for the use 4487

- 124 -

of thei~ ~~s~ective slstems of education.

4lJ88

2

Pa~agraph 11. Grants, Beqgests and DODgtions to 4491

..

3

~ouDty agg Area Boa~ds of Education and IDaependent School

..

COUl1 tl and Area Boards of Education anll 4492
..

5

i ndepeadent school s~stems may accept be~uests, donations lJ493

6

aDd grants of la~, or othe~ propertli for the use of their 4494

7 respective slsteas of education.

4495

8

SECTIOII Vll.

4497

9

LOCAL TAXAT1011 FOR EDOClT1011

4498

10

Paragraph 1. Local Taxation for EducatioA. The 4502

11

fiscal authority of each county shall annual~l leVI a school

12 tax for the sll(:port and aainteunce of education, not lJ503

13 greater thaa twentl aills per dollar as certified to it bl 4504
...
14 the countl board of edllcation, lipon the assessed value of 4505

15 all taJtaDle propertl within the countl located outside anl 4506

16

-
indepeadeat school slstea or area school district therein.

lJ507

17 The independent school system of Chatha. Couaty and the Citl 4508

18 of SavaADah beiag co-extensive with said cOQAtl, the levy of lJ509

19 said tax shall be on all prope.rty in said county as lJ510

20 recoaaendEd by the governiag body of said syste The 4511
..
21 certification to be aade bj an Area Board of Education to 4512

22 t he fiscal authotities of the territories coaprising an area lJ513

23 school district shall De in sllch alloUDt and within sllch lJ514

24 liaits as aaj be prescribed by local law applicable thereto, 4515

25 and upon such certtiication being aade it saall be tAe dlltl 4516

26 0 f sUCA fiscal authorities to levy such tax in accordance lJ517

27 with SUCA certification, bllt such leVI shall not be greater 4518

...

28

than tweaty mills per dollar upoa th~ assessed value of th~ 4519

29 taxable property therein. SChool tax. funds shall be 4520

30

expended on~1 for the support aad aaintenaace of pUblic lJ521

31 schools, public education, aad activities necessarl or 4522

32 incidental thereto, including school luach purposes.. The 4523

33 twenty aill liaitation prOVided for herein shall not apply

125 -

to thos~ counties nov autAorized to ~evy a sCAool tax ~n ~524

2 excess tJlereof.

4525

3

Paragraph II.

45~7

The tventy aill liaitatioa provided iA Paragr-aph I above uy 4528

5 be reaoved or increased in a county arid in territorilits 4529

6 caaprising an area schoo~ district under the procedure set ~530

7 o at here~Aafter. The cOUAtl or area board of adllcation, in 4531

8 oeler to illstigate the procedure, aust pass II resoliltioll 4532

. . - .~
9 recoalleaaillg that the lillitation be reaoved and upon 4533

.

.,

10 pmseatatioD of such reso~ution to the jlldge -of the probate 45,J4

...

11 court or to the proper authorities of territories coaprisillg 4535

12 an area schoo~ district, as tAe case aay be, it shal~ be 4536
-
13 their du.ty, within ten daIS of receipt of tAe reso~utioa to 4537

14

issue tAe ca~l of aa e~ection to deteraiAe vhetAer such 4538

15

~iaitation sAa~~ be relloved. The election sh~~ be set to 4539

16 be held on a.date not ~ess than tventy nor aore than thirty 4540

-

.

IT - days froa the date of the issu.anc:e of the ca.U and sha~~ 454 I

18 have the date and purpose of the election PUblished in the

19 official organ of the count,y or counties ODCe a ",eelt for tvo 4542

20 lleelts preced.iJ1g the date of the e~ection. If a aajority of 454.1

21 the electors qualified to vote for aeabers of the Genera! 4544

22

lssellbly voting in such election vote in fav-or of such 4545

23 pmposal, them sh~ be no liaitation in such county or in 4546

-

.

such territories coaprising the area school district and the 4547

.-

25 c aunt! or am a board of education uy recollllend any nllaber 4548

.

.

26 of ai~ls for the purposes set out in paragraph I above. In 4549

27 ~i.eQ .of recoaaending that the liaitation be relloved 4550

28 entirely, the county or area board of education a.y 4551

29 recoaaeDd that it be increasEd and shall specify the aaount 4552

30 in the reso~ution. rhe elecUoll provisions for increase 4553

..

..

31 sha 11 be the aae as for reaoval and if the proposal is 4554

32 favorah~l voted upon the c:ountyor area board of education

33 aal recoaaend any nUllber of. IILlls lip to the specified 4555

34 allOUDt. It sha~ be ~he duty of the judge o~ tAe probate 4556

..: 126

court or the proper authorities, as the case may be, to hold 4557

2

t he e~ect.ioA, to canvass the returns and declare the 4558

3 results. Zt shall uso be their duty to certify the resuts 4559

to the secretary ot State. ~he expe~se of the election 4560
\'
5 shall be borDe by the county or by the territories 4561

6 cOllprising an area school district, as the case may be. ...

4563

7

SECfZOH YIIZ.

4565

8

liEEDoa 0' ASSOCZA~IOH

4566

9

Paragraph I. 'reedom of Ass9CiatioD. Freedom from 4570

10 cOlIpulsory association at all levels of public education 4571

11 shall be preserved inviolate. The General Assembly shall by

12 taxatioD provide funds for an adequate euucation for the 4573

13 citizens of Georgia.

4574

14

SECfIOH II.

4576

15

SPECZAl. SCHOOl.S

4577

16

Paragraph I. ~al School; Creation; Taxes and 4581

..

17

7he board ot education of any county, area school 4582

..

.

18 district or independent school system, or ilny combination

19 thereof, mal establisa, pursuant to local law enac~ed by the 4583

20 General Asseably, one or more area schools, including 4584

21

special schools SUCA as vocational trade schools, schools 4585

22 for exceptiona 1 childreD, and schools for adut education; 4586

23 iD one or aore of such political SUbdivisions. provided, 4587

24 however, that the establishment and operation of such 4588

25 schools pursuant to such local law, and any subsequent 4589
-
26 a.endments thereof, shal~ be first approved by a majority of 4590

27 t be voters thereon in each of the scbool districts or 4591

28 systems affected thereby in separate referenuums held in the 4592

29 manDer Frovided by law. ~he government, powers and duties 4593

30 of boards of educatiou participating in the establishment or 4594

31 operation of such schools and respecting such schools shall 4595

32 be defined in the loca~ law authoriziAg the same, and such 4596

- 127 -

participating kolitical subdivision shall be authorized to 4597

2 iDCur bonaed indebtedness and to require tDe levy ot school q598

3

tax funds ~equi~ed for the establish.ent and operation of 4599

such schools. in such allount and manner as shall be provided 4600

5 in such local lall. schools established pursuant to 4601

6 ptovisiODS of this Section shall be operated in conformitI

7

with regulations ~roaulgated bI the State Board of Education 4602

8 pursuant to provisions of law. The State is hereby 4603
....
9 uthod.28d to expend fllnds 'fo~ the Slipport and aaintenance 4604

10 of such schools in such aaOlln,t and maDner as may be provided 4605

11

by lall.

special schools, including vocational trade 4606

12 schools, established prior to loye.ber 8, 1906, pursuant to 4607

13

the .aend.ent to Article VII, section VI, I ~aragraph of the 4608

Constitution of 1945 proposed by a resolutiou approved aarch 4609

.

.

15 17, 1960 (Ga. lAws 1960, p. 1259) and ratified on Bovellher 4610

,..,-:-

16

8, 1960, shall not be affected by this ~aragraph; any 46 i 1

17 political subdivision IIhich established such a school is 4612
-
18 hereby authorized to leVI taxes for the support of such 4613

19 school regardless of lIhether it is located lIithin the 4614

20

territoLia~ limits of such subdivision and any such 4615

21

political sllbdivisioa is h~reby authorized to incur bonded 4616

22 indebtedness for the support of, or acquisition and 4617

23 C ClIlstruction of factii ties for such school. lny such bonded

24 indebtedness shall be incurred pursuant to provisions of 4619

25 Article II, section VII of this Constitution and the lalls of

26 this State relative to incurring other bonded indebtedness. 4620

27 The State is herebI authorized to expend fands for the . 4621

28 support of sllch established schools in such allount and 4622

29 manner as may be provided bI lave

4624

- 128 -

CROSS-REFERENCE TABLE ARTICLE VIII EDUCATION

P~~ PROVISION

PROPOSED PROVISION

CHANGES

Article VIII, Section I, Article VIII, Section I,

Para. I

Para. I

1. Title of paragraph is changed.
2. Maintains state's present obligation to provide an adequate public education.
3. Adds a statement of the purpose of education and an aspirational goal for the State.
4. Adds a statement which clarifies the State's obligation to provide free education prior to the college or postsecondary level, and its authority to provide by law for the expense of other education.

Article VIII, Section II, Article VIII, Section II,

Para. I

Para. I(a) through I(e}

1. Maintains State Board C01llPosed of one member from each Congressional District, appointed by the Governor. with the advice and consent of the Senate.

2. Subparagraph I(a) provides for the removal of any Board member by a referendum of the voters. similar to the recall of public elected officials.
3. Subparagraph I(a) provides that the Governor. rather than the Board. shall fill a Board vacaney caused by death. resignation. removal or otherwise. Such appointee shall serve until. and after confirmation by the Senate.
4. Subparagraph I(a) incIudes a statement which prevents any person whose appointment would create a conflict ~f interest from serving on the Board.
5. Subparagraph I(b) gives the Board "such powers and duties as provided by law". rather than. as presently stated, those "existing at the time of the adoption of the Constitution of 1945, together with such further powers and duties as may now or hereafter be provided by law."
6. Subparagraph I(c) gives the responsibility for the development. administration. and coordination of state vocational-technical education programs to the State Board of Education.
7. Subparagraph I(e) states that "qualifications. c01llPensation. removal from office. and powers and duties of State Board members shall be as provided by law."

(.
'---'

CROSS-REFERE~CE TABLE ARTICLE VIII EDUCATION

Page '}

PRESENT PROVISION

PROPOSED PROVISION

CHANGES

~ Le VIII. Section III Article VIII. Section III

Para. I

Para. I

1. Proposed Paragraph I provides for a
State School Superintendent "who shall be appointed by the State Board of
Education. by and with the advice and consent of the Senate." Presently,
the State School Superintendent is elected by the voters of Georgia.

2. The proposed paragraph gives the State
Board the authority to prescribe the qualifications, term of office. compensation. etc. of the Superintendent but any Superintendent serving 1IIDre than 4 years IllUst be reconfirmed by the
Senate. Under the present provision. qualifications and compensation are
fjxed by law, and the term of office is 4 years.

c

3. In case of a vacancy in such position. the proposed paragraph enables the Board to appoint a new superintendent. until

Senate confirmation.

4. The proposed paragraph allows the
superintendent in office on the effective date of the new Constitution to serve the remainder of term to which elected.

Article VIII. Section IV. Article VIII. Section IV.

Para. I

Para. I(a) through I(e)

1. The proposed paragraph retains the present makeup and method of selection of _bers of the Board of Regents.

2. Proposed Paragraph I(b) vests the

government. control. and management of

the University System of Georgia in the

Board of Regents ,and gives the Board of

Regents the exclusive authority to

create public colleges. junior colleges.

and universities.

.

3. Proposed Paragraph I(c) continues to give the Board of Regents "the powers and duties as provided by law existing at the time of the adoption of the Constitution of 1945.... "
4. Subparagraph I(e) states that "the qualifications. compensation. and r81llDval from office of the members of tne Board of Regents shall be as provided by law."

CROSS-REFERENCE L\BLE ARTICLE VIII EDUCATION

Page 3

PRESENT PROVISION

PROPOSED PROVISION

('.

AI.. .e VIII, Section IV, Article VIII, Section IV,

Para. I

Para. I

CHANGES
5. The proposed Paragraph deletes the present provisions regarding the filling of vacancies on the Board caused by death, resignation, or otherwise. Present Georgia Code Section 32-106 provides for the filling of a vacancy, and is identical to the language in present Section IV, Paragraph 1.

Article VIII, Section IV', None Para. II

The provision authorizing the Board of Regents to eStablish a program whereby elderly citizens may attend free courses in the University. System was deleted from the proposed revision.
The Committee decided this program could be provided for by statute.

Section V, Article VIII, Secrion V, Para. I'

Ar~Cle VIII, Section V,
Paragraphs II(a) ,
II(b), II(c)

Article VIII, Section V, Para. II

1. Proposed Paragraph I provides for the consolidation of any two or more school systems into a single county system, in addition to an area school system.
2. Proposed Paragraph I eliminates the requirement that 51% of the registered voters must vote in a referendum on consolidation and that a majority of those voting must approve the consolidation in order for it to be effective. Proposed Paragraph I requires approval by a simple majority of the voters voting.
3. In the proposed revision, the term "school system" refers to any county, area, or independent school system or school district.
Proposed Paragraph II is an edited version of present Paragraph II and subparagraphs II(a), II(b), and II(c). The revised paragraph provides for the members of local boards of education to be elected or appointed as provided by law. The revised paragraph prOVides for the continuation of the present method of selection, qualifications, duties, etc .of members of each local school board.

CROSS-REFER!~CE TABLE ARTICLE VIII EDUCATION

Page 4

--P:RrE.SENT PROVISION

PROPOSED PROVISION

Arc1cle VIII, Section V, Article VIII, Section V,

Para. IItb)

Para. IV

CHANGES
Proposed Paragraph IV allows for a change in the school board only by local law conditioned upon a referendum.

Article VIII, Section V, None Para. II(d)
Article VIII, Section V, None Para. III

(
Article VIII, Section V, Para. IV

Article,VIII, Section V, Para. Veal

Article VIII~ Section V, Para. V(b)

Present subparalraph II(d) living the General Assembly authority to create local trustees of each school in a county system baa been deleted.
Present Paragraph III, requirinl off1cial meetints of county and area 1: ards of education De open to the public, has been deleted. Open public _etings are covered by Georgia' s Sunshine Law. (Ga. Code Sec. 40-3301)
1. In the proposed revision, the term "boards of education" is used to signify the board of education of any county, independent, or area school system.
2. Proposed Subparagraph V(b) enables the General Assembly to provide for the sharing of facUities by local school boards, under joint administrative authority. This proposal is to remedy the Court's ruling that joint ownership and operation of facinties and services may not be done under present Paragraph IV.

Article VIII, Section V, Article VIII, Section V, Subpara. V(a), (b) & (c) Subpara. III(a)

1. Proposed subparagraph III(a) mandates the appOintment of all local school superintendents by local boards of education. Under present subparagraphs V(a), (b), and (c), local school superintendents may be elected or appointed as provided by the Conatitution, by constitutional amendment, or by local law conditioned upon a referendum.
2. Proposed subparagraph III (a) prOVides that qualifications, powers, and duties shall be prescribed by general law, and that term of office and removal may be prescribed by the local board of education. Present subparagraph V(b) provides that qualifications, powers, duties, and compensation may be prescribed by law, and that term of office and residence may be prescribed by the Constitution, constitutional
uampoenndamernetf,eroerndbuyml.ocal law conditioned

PR~T PROVISION
-I

CROSS-REFERENCE TABLE ARTICLE VIII EDUCATION

Page 5

PROPOSED PROVISION

CHANGES
3. Proposed subparagraph III (b) allows the school superintendent in office on the effective date of the new Constitution to serve Qut their terms.

Article VIII, Section V, Para. VI
c

Article VIII, Section V, 1. Para. I
I
II
Article VIII, Section IV, 2. Subpara. I(b)

PrQposed_Paragraph I provides for the continuance of independent school systems, but forbids the establishment of any othar independent systems. Present Paragraph VI does the same.
Proposed 5ubparagraph I(b) gives the Board of Regents the: exclusive authority to create public colleges, junior colleges, and universities. Present Paragraph VI grants independent school systems the authority to add colleges.

Article VIII, Section VI, 3. Present Paragraph VI grants authority

Subpara. I(a), I(b), I(c),

to cities to maintain and support

and I(d)

eXisting independent school systems, as

authorized by special or general law.

4. Proposed subparagraph I(a) provides that the fiscal authority of each school system shall levy the school tax. certified to it by the local board of education.

5. Proposed subparagraph I(b) provides that school tax funds shall be expended only for the support and maintenance of public schools.

l/

6. Proposed subparagraph I(c) provides for exceptions to the 20 mill limitation in systems so authorized on the effective date of the new Constitution.
7. Proposed Paragraph I(d) provides for a different method of certification and levy in systems so authorized on the effective date of the new Constitution.

Article VIII, Section V, Para. VII

Article VIII, Section V, Para. II
Article VIII, Section VI, Subpara. I(c)

Present Paragraph VII, which exempts pre-1877 public school systems from the Constitution, has been deleted from the proposed revision. The Committee determined 5 areas in which pre-1877 systems !!Z differ from post-1877 systems, and attempted to maintain the status quo in 3 of thoBe areas with the following revisions:
1. Proposed Paragraph II maintains the existing method of selection of members to the local boards of education.
2. Proposed subparagraph I(c) maintains the existing school tax levy in all local school systems.

CROSS-REFERE~CE TABLE .~TICLE VIII EDUCATION

Page 6

-P-R-.ErS-E-NT PROVISION

PROPOSED PROVISION

CHANGES

(--,

Article VIII, Section VI, Subpara. I(d)
Article IX, Section V, Para. I
Article VIII, Section V, Para. III

3. Proposed subparagraph I(d) maintains the existing methods of certification and levy of the school tax in all local systelllll.
4. In the fourth area, debt limitation, proposed Paragraph I prohibits any public school system from incurring debt in excess of ten Il8rcent of the assessed value of all taxable property therein.
5. In the fifth area, method of .election of school superintendent, the proposed revision mandates that pre-la77 systelllll, as well as post-la77 systems, have a school superintendent who is appointed by _hers of the local board of education.

Article VIII, Section VI, Article' VIII, Section II,

Para. I

Subpara. I(d)

1. Proposed subparagraph I(d) is identical
to present Paragraph I, but adds tire
.words ..... transfers of land, buildings

Article VIII, Section IV, Subpara. I(d)

2. Proposed subparagraph I(d) is identical to present Paragraph I, but adds the
... .words ..... transfers of land, buildin8s

Article VIII, Section VI, Article VIII, Section V,

Para. II

Para. VI

(--.

Proposed Paragraph VI uses the term
"local school systems" to refer to
county, area, and independent schools systems. The words ..... transfers of land, buildings..... has been added.

Article VIII, Section VII Article VIII, Section VI,

Para. I

Subpara. I(a)

1. Proposed Paragraph I authorizes a method
of certification and levy of the school tax for ~ school systelllll. The present Paragraph I authorizes a method of certification and levy for county and
area school systelllll, and for the independent school system of Chatham
County and the City of Savannah.

Article VIII, Section VI, Subpara. I(b)

2. No change in the provision listing the purposes for which school tax funds
shall be expended.

CROSS-REFERE~CE TABLE ARTICLE VIII EDUCATION

Page "

PRESENT PROVISION

PROPOSED PROVISION

CHANGES

Ax __.:1e VIII, Section VII Article VIII, Section VI, 3. The proposed provision maintains the

Para. I

Subpara. I(c)

school tax levy in those school systems

which. on the effective date of the new

Constitution, levy a tax in excess of

20 mill limitation.

Article VIII. Section V: Article VIII. Section VI, 4. The proposed provision maintains the

Subpara. I(d)

method of certification and levy in

Article VIII, Section VII

those systems which, on the effective

Para. I

date of the new Constitution. utilize

a method different frOlII that in proposed '

subparagraph I(a). (This provision is

directed to the pre-1877 systems and to

systems which have adopted a local

constitutional amendment on this subject

t. VIII, Section VII Article VIII. Section VI,

II

Para. II

Proposed Paragraph II provides for the increase or removal of the 20 mill limitation by action of the local board of education, after approval by voter referendum in the manner provided by that school system's laws. Present
Paragraph II provides for the manner in which a county or area school system
shall remove or increase the 20 mill limitation.

Article VIII, Section VII None Para. I
(

The proposed revision deletes present Section VIII, on Freedom of Association. This provision was ratified in 1962 to circumvent the U. S. Supreme Court's 1954 decision in Brown vs. Board of Education. Its purpose was to forbid compelling the attendance of a child at an integrated school and to provide for reassignment or a tuition grant.

Article VIII, Section IX. Article VIII, Section V,

Para. I

Subpara. VII(a) through

(c)

1. The proposed Paragraph authorizes the creation of special schools by general or local law. The present paragraph authorizes the creation of special
schools by local law subject to local referendum.

?RESENT PROVISION
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_..
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CROSS-REFERE~CE TABLE ARTICLE VIII EDUCATION

Page b

PROPOSED PROVISION

CHANGES

2. Proposed subparagraph VII(b) requires voter approval in a referendUIII prior to incurring bonded indebtedness or levying a school tax. Present Paragraph I requires that the authorization to incur bonded indebtedness or to levy a school tax be provided in the local law which creates the special school.

3. Proposed subparagraph VII(c) is an editorial revision of the last three sentences of present Paragraph It and provides that the support. and _intenanct of special schools created prior to the effective date of the new Constitution will not be effected by proposed Paragraph VII.

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NOTES AND COMMENTS
ARTICLE VUI EDUCATION
SECTION I. PUBLIC EDUCATION
The proposed revision of thb section ma1nta1ns the State's present obligation to provide an adequate public education for the citizens. The Committee believes it is important to include a statement explaining why education is essential, and a statement describing the goal towards which the State should itrive in its educational proarama. The proposal clarifies the State's obligation to provide free education prior to the college or post-secondary level, and its authority to provide by law for the expense of other education.
SECTION II STATE BOARD OF EDUCATION
The proposed revision ma1nta1na a State Board of Education composed of one member frOll each Congressional District, appointed by the Governor, with the advice and consent of the Senate.
The method of selection of the members of the State Board of Education was the subject of considerable discussion and debate by the Committee. It was generally agreed that tha present method of selection of Board _bers was working well, but that S01I8 higher degree of public accountability of the Board would be necessary 1 the State School Superintendent was to be appointed by the Board rather than elected by the people.
Election of Board members through Congressional District races was considered, but the Committee finally agreed that it would be nearly impossible to attract the most qualified persons to run in an expensive district-wide election for a position receiving little or no compensation.
Aftar many meetings, accompanied by long hours of debate, the Committee agreed to maintain an appointed State Board of Education, but to provide for removal of any Board member through a referendum in the Congressional District called pursuant to the method provided for the recall of public elected officials. The Committee felt that this would provide the Board members with the necessary accountability to the electorate.
The following other changes in Section II should also be noted: 1. Revised Paragraph I authorizes the Governor to fill a Board vacancy
caused by death, resignation, removal, or otherwise. The person appointad shall serve until Senate confirmation, and upon confirmation, shall serve for the unexpired term of office.
Presently the Board is authorized to fill such a vacancy and the Boara appointee serves until the end of the next session of the General Assembly. During that session, the Governor apPoints the successor Board member who, upon confirmation of the Senate, serves for the unexpired term.

Page 2

The Collllllittee felt that the Governor should make the initial appointment, if he was to make the final appointment.

2. A general statement was added to the proposed section which would prevent any person from serving on the Board Whose appointment would create a conflict of interest, as defined by law.

3. The proposed reviaion puts primary responsibility for the "development, administration and coordination" of state vocational-technical education programs in the State Board. The Committee felt that this would make it clear that the State Board of Education, and not the Board of. Regents, yaS to be .the lead agency regarding state vocational-technical programs.

4. Present Section VI, Paragraph I authorizing the State Board to accept grants and bequuts, was tranaferred to proposed Subparagraph I(d).

5. The proposed section eliminatu the final statement of present Section II Which gives the State Board such "powers and duties as provided by law aDd ex1ating at the tillla of the adoption of the Constitution of 1945 "

There _s some question raiaed as to whether the last part of

this sentence elevated to constitutional status the laws existing

at the time of the adoption of the Constitution of 1945. In order

(

to clarify this matter, the Committee recollllllended that this provision state only that the State Board would have "such

powers and duties as provided by law."

SECTION III STATE SCHOOL SDPE1UNTENDENT
The proposed section provides for a State School Superintendent who shall be appointed by the State Board of Education, with the advice and consent of the Senate. The State Board may deterBine powers, duties, term, and qualifications of the State School Superintendent, but the Superintendent may not serve for more than 4 years without reconf1rlllation by the Senate.
The Committee's decision to recOllllllend appointment rather than election of the Superintendent was based upon several factors, including the following:
1. Under the present systel!l, the State Board of Education, the educational policy meking body of the State, has no adlll1nistrative control over the independently elected chief executive officer of the State Department of Education.
2. Under the present system, "other elected executive officers" (Article V, section III, Paragraph IV) must meet a siz-year residence requirement. This qualification excludes many excellent candidates frOlll consideration for the position of State School Superintendent.
3. The position of State School Superintendent is becolll1ng highly technical, thus requiring a greater degree of expertise than has been necessary in the past.

Page 3

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SEcnON IV BOARD OF REGENTS
The proposed revision retains the present makeup and method of selection of lllA!lllbers of the Board of Regents. The CoDDittee supported the retention of the final sentence in present Section IV, Paragraph I, which gives the Board of Regents such "powers and duties as provided by law existing at the time of the adoption of the Constitution of 1945, together with such further powers and duties as may now or hereafter be provided by law." A majority of the CoDDittee agTeed that the deletion of this provision could create confusion respecting the present appropriatiot18 processes relating to the Board of Regents.
The following changes in Section IV should be noted:
1. Proposed ParagTaph I University System of Georsiaj !loard of Resents deletes the provision in present ParagTaph I which authorizes the Board to elect a successor in case of a Board vacancy caused by desth, resigtUJtion, or any other cause except expiration of tem. The Board elected successor serves until the end of the next session of the General Assembly. During such session, the Governor appoints the successor Board lII8lIIber who, upon S8tI8te confimation, serves for the unexpired tem.
With the deletion of this provision, the method of filling a vacancy on the Board of Regents would be found in present Article V, Section II, ParagTaph IV. This ParagTaph authorizes the Governor "to fill such a vacancy, unless otherwise provided by law." Presently, Ga.. Code Section 32-106 provides for the filling of a vacancy on the Board of Regents in the 8aIIIe manner as authorized in present ParagTaph I. Thus, the effect of this change in Section IV would be to preserve the statua quo, but allow the General Assembly in the future to change the present method of filling vacancies on the Board. '
2. The proposed section includes a statement gTanting the Board of Regents the exclusive authority to create public colleges, junior colleges, and universities in the State of Georgia. This provision would not affect the status of Dekalb College.
This proposal was the result of a" CoDDittee recommendation" that local school systems be prohibited from establishing public colleges.
3. Present Section VI, ParagTaph I, authorizing the Board of Regents to accept gTants and bequests, has been transferred to proposed Subparagraph I(d).
4. The proposed section deletes present Section IV, ParagTaph II, which authorizes the Board of Regents to establish a program whereby elderly citizens may attend free courses in the University System. The CoDDittee believed that this progTam could be more suitably provided for by statute. The CoDDittee to Revise Article X also recommended that this program be provided for by statute, and included a specific "provision in Article X to allow for this progTam.

Page 4

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SECTION V LOCAL SCHOOL SYSTEMS
This section is primarily an editorial revision of the present Section V, with the following noteable exceptions:
1. Paragraph I preserves all existing school systems. but facilitates the consolidation of local school systems by eliminating the "double majority" voting requirement and providing for consolidation upon approval by a simple majority of the voters voting in a referendum in each separate school system affected. The provision in present Paragraph VI prohibiting the .stablishment of n.w independent school systems has been DIOVed to the end of this Paragraph.
2. Paragraph II. Boerds of !ducation. allows for the method of selection of local boards of education to be as provided by law. thus eliminating the
neces.ity for the lengthy procedural language of pres.nt Paragraph :II.
Present subparagraph II(d). giving authority to the General Assembly to II&U provision for local school trust has been eliminated as being Ul1D.eces.ary
3. Paragraph III. School Superintendents. represents a .ignificant departure frOlll present law by mandating that all local .chool superintendents be appointed by the ID8IIIber. of local boards of education. The Co.u.ttee f.lt that this would ensure a superintendent who would b. more re.ponsive to the board than an elected superintendent. The Co.u.ttee expressed a concern about the need for profes.ionali_ in the office of superintendent. and agreed that the appointment process would enable a local board to reach beyond that system's borders to find the best possible candidate.
4. Paragraph IV. Changes in .chool boards. provides that any change in the c01llpO.ition. term of office. and lD8thod of .election of the local board of education can be brought about by local law. conditioned upon approval of the 'VOters :In a referendum. This pattern. the present provision respecting changes in" .chool boards.
5. Paragraph V. Power of boards to contract with each other. includes the general contracting authorization in the pre.ent Paragraph IV. and a new provision authorizing the sharing of fllcillt1es and services under joint adlDin1strative Iluthorlty. The Co.u.ttee reco_ends adding this latter provision b.cause Georgia courts have ruled that joint ownership and operlltion through contracting may not be done under pre.ent Article VIII. Section V. Paragraph IV.
6. Paragraph VI. Grants, bequests, donations author1zes local school systems to accept grants and bequests and is transferred frOID present Section VI. Paragrllph II.
7. Paragrllph VII. Special Schools, is primarily Iln ed1torial revision of present Sect10n IX. Paragraph I. with the following change.:
Il. The proposed Paragraph llutbor1zes the creat10n of special .chool. by general or local law. Th. present paragraph authorizes the creation of special schools by local law subject to local referendum.

Page 5

b. The pl:oposed revision requires votel: appl:oval by referendum prior to incurring bonded indebtedness or levying a school tax. In the present paragraph, this authorization is part of the local law wlU.ch 1IIUst be approved in a referendum.
8., Note that the following paragraphs have been deleted from the proposed rev1aion of Section V,Local School Systems:
a. The proposed revision deletes present Paragraph III Meetings of Boards of Education, which requires that "all official _etings of county or area board of education shall be open to the public." The Georgia Supreme Court's decision in Deriso vs. Cooper (1980). weakened this "open meeting" requirement by interpreting the constitutional provision as being synonymous with Georgia's "Sunshine" Law. Therefore, the eo-ittee decided that this paragraph could be deleted and addressed IIIOre appropriately in t . "Sunshine" statute, Ga. Code Section 40-3301.
b. PreSent Paragraph VI has been eliminated because the authority to maintain and support existing independent school systems is incorporated into proposed Section V, Paragraph I and proposed Section VI, Paragraph I. The lest sentence of present Paragraph VI, prohibiting the establishment of independent school systems has been transferred to pl:oposed Section V, Paragraph I.
c. hesent Section V, Paragraph VII, which exempts pre-1877 public school systems from the Constitution, has been deleted. It was determined that pre-1877 systems may differ from post-1877 systems in five areas: (1) method of selection of local board of education, (2) method of selection of local school superintendent, (3) millage rate levied on property for education, (4) method of certification and 1evy of school tax, and (5) applicability of county and municipal debt limitation provisions on present Article IX, Section VII.
The proposed revision of Article VIII gives authority to pre-1877 school systems to maintain their present method of selection of local boards of education, their present millage rate levied on property for education, and their present method of certification and levy of the school tax. The proposed revision of Article VIII mandates the appointment of all local superintendents. The proposed revision of Article IX, Section V. Paragraph I limits the debt of all school systems to "10 percent of the assessed value of all taxable property therein."

(

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SECTION VI LOCAL TAXATION FOR EDUCATION

This section provides for a uniform millage limitation and a uniform method of certification and levy of the school tax by boards of education of all school systems, except that pl:oposed Paragraphs I(c) and I(d) grandfather in those county, independent, and area systems with a different millage limitation and a different method of certification and levy.

Page 6
The section also authorizes changes in the tax rate to be made by action of the local board and approval by voter referendum. This revised proposal s1mply deletes the procedural detail of present Paragraph II.
ADDITIONAL COMMENTS The proposed revision of Article VIII deletes present Section VIII on Freedom of Association. Staff research indicated that this provision was ratified in 1962 to circlIIIIVent the U. S. Supreme Court's 1954 decision in Brown v. Board of Education
and that its purpose was to forbid compelling tbe attendance of a child at an
integrated school and to provide for reassignment or a tuition grant by the State. The Committee agreed that this section should be deleted from the proposed draft of the Education Article.
(

COMMITTE MEMBERS:
GEORGE auseEE GOVERNOR CHAIRMAN
ZELLMILU" UEUTENANT GovERNOR
THOMAS . MURPHY SPEAKER. HOUS. C# REPtltItHNTA'nWS
Rea,.,. H. JORDON CHIU JUSTICE. SUPMMIt COURT
J. KELLEY QUILLIAN CHOU JUOGL COURT o~ "P'NALS
AIITHUR K. IIOLTON ATTORNCY G.N.."A....
e. MAFICUS CALHOUN SENIOR JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ItOOM Z3H
.7 TRINITY AVl:NUE
ATl.ANTA. GEORGIA 30334
404/.H~7'5.

COMMITTE.ES MEMBERS:
A .... HOLLOWAV SENATE: ,.RESIDENT ""0 TEM"ORE
JACK CONNELL. SPEAKEJ' PRO TEMPOR,
ROV E. BARNES CHAIRMAN. SENATE JUDICIARV COMMITTEE
WAYNE SNOW. JR. CHAIRMAN. HouSE JUDICIARY COMMITTE.
FRANK H. EDWARDS SPECIAL COUNSEL
J. FfOBIN HARRI. EXECunVE DfRIlc:TOR
MELVIN 8. HILL. JR. A551STANT DECU"VE DIRECTOR

TO:
FROM:
SUBJEct:
DATE:

ALL MEMBERS, SELEct COMMITTEE ON CONSTITUTIONAL REVISION AND LEGISLATIVE OVERVIEW CCHfiTTEE ON CONSTITUTIONAL REVISION
Vickie G. Sachs, Staff Attorney
Article VIII Committee Recommendations Regarding ~re--1877 Public School Systems
May 26, 1981

The Committee to Revise Article VIII of the Georgia COnstitution has recommended that Section V, Paragraph VII of Article VIII be deleted from the Constitution. This Paragraph states:
Certain Systems Protected. Public school systems established prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution.
The public school systems established prior to the adoption of the Constitution of 1877 include the following 52 systems:
5 City School Systems
Columbus (Ga. Laws i866, p. 174); today, Columbus-Muscogee Savannah (Ga. Laws 1866, p. 175); today, Savannah-Chatham Atlanta (Ga. Laws 1870, p. 481) Americus (Ga. Laws 1873, p. 109) Griffin (Ga. Laws 1874, p. 213); today, Griffin-Spalding
47 County School Systems
Richmond (Ga. Laws 1872, p. 456) Bibb (Ga. Laws 1872, p. 388}, and the following county systems, all of which were chartered by Ga. Laws 1872, p. 490:

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--.

.....

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,.

SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE
May 26, 1981 Page 2

Appling Baldwin
Ben-ien Bulloch Catoosa Qlarlton
Clarke Clinch
Coffee Colquitt
Dade Dawson Dodge Dooly Echols

Emanuel Fannin Fayette Gilmer Glynn Hart
Houston Irwin
Laurens Lowndes
Lumpkin McIntosh Macon Meriwether Monroe

Montgomery Oglethorpe Paulding Pierce Pulaski Tal1ferro
Tattnall
Tay~or
Telfair Thomas
union Ware White Wilcox Worth

The Committee was of the opinion that pre-1877 systems should not be exempted from the provisions of the new Constitution, and that Paragrapb VII was uaclear and cont~ibuted to confusion in the Constitution. At the same time, however, members of the C01IDDittee did not wish to create chaos in the organization or administration of
these pre-1877 school systems.

In its consideration of this matter, the Committee identified five areas in which pre-18?7 systems were likely to differ from post-1877 systems. These five areas are:

1. Structure and method of selecting local boards of education.

2. Method of certifying and levying the school tax on property.

3. Limit on the amount of school tax. 4. Method of selecting local school superintendents.

5. Amount of debt which school systems are authorized, by local law, to incur.

The proposed revision of Article VIII has maintained the present status of pre-1877 school syst'ems in regard to areas 1, 2, and 3 above.
(Please see Section V, Paragraphs II and IV and Section V, Paragraphs I(c) and I(d) of the final proposed draft of Article VIII). It has not retained the present status of pre-1877 systems in regard to area 4, however. because the Committee has rec01lDDended that all local school superintendents be appointed by the local school boar~of education. This process was thought to ensure a superintendent who would be more responsive to the local board than an elected

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SELEer COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE May 26, 1981 Page 3
superintendent; The Committee was also concerned about the need for professionalism in the office of superintendent, and agreed that the appointment process would enable a board to reach beyond that system's borders to find the best possible candidate.
Because area 5, pertaining to debt limitation, is found in Article IX, the Article VIII Committee recommended that the Article IX Committee include language in Article IX which would authorize pre--1877 school systems to maintain a debt limitation beyond 10 percent~ if such a limitation is provided for by law on June 30, 1983. As a result, the Article IX Committee unanimously adopted the following provision which had been prepared by the staff:
Article, IX, Section V, Paragraph I Debt Limitations of counties, municipalities, and other political subdivisions
(b) Notwithstanding subparagraph (a) of this Paragraph, all local school systems Which' are authorized by law on June 30, 1983 to incur debt in excess of 10 percent of the assessed value of all taxable' property therein shall continue to be authorized to incur such debt.
On November 17, 1980, the staff sent a memorandum to the superintendent of each of the 52 pre--1877 school systema, explaining the proposals of the Article VIII Committee with regard ,to pre-1877 systems, and including the final draft of Article VIII.' This office received feedback from only one of the fifty systems.
Since the final meeting of the Committee to Revise the Education Article on October 21, 1980, at which time the Committee approved the final draft of Article VIII, the staff has been in the process of reviewing that proposal. Based upon recommendations received to date, including remarks byMr. ,Freeman Leverett, attorney for the Elbert County Board of Educatio&, the staff suggests the following modifications in the final draft of Article VIII relating to the pre-1877 school systems:
1. Section V, Paragraph IV. Changes in school boards.
Staff recommends adding a new subparagraph (b), so that preaent Paragraph IV becomes Paragraph IV(a). Proposed Paragraph IV(b) would read as follows:
(b) Nowithstanding subparagraph (a), those school s stems which are authorized on June 30 1983 to make the changes listed in SUbparagraph a) without a referendum may continue to make such changes in such' ~. (addition underlined)

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SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE May 26, 1981 Page 4
This new provision would give authority to pre-1877 school systems to maintain their present method of making changes in their school boards.
2. Section VI, Paragraph II. Increasing or removing tax rate. In order to make Paragraph II applicable to all school systems, and not only those sYstems whic~have a 20 mill limitation on June 30, 1983,. the staff recommends using the introductory phrase "The mill limitation in effect on June 30, 1983 for any school system", rather than the phrase "The 20 mill limitation provided in Paragrah I."
By making this change, Paragraph II would read as follows:
Paragraph II. Increanng 01: removing tll'C rate. The mill limitation in effect on June 30, 1983 f01: any school system may be increased 01: removed by action of the respective board of education, but only after such action has .been approved by a majority of the qualified voters voting thereon in the manner provided by law in the particular school sYstem to be affected. (addition underlined)
The modifications listed above are also delineated in ~he memorandum to the Select Committee dated April 30, 1981, "Staff RecODlllendations for Changes in A1:t1cle VIII".
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COMMITTEE MEMBERS:
GEORGE aUSBEE GOVERNOR CHAIRMAN
%ELL MILLER UaUTENANT GOVERNOR
e. THOMAS MUR~HY
5JtAKER. HOUSE 0# "E~MHNTATlYCS
ROBERT H. JORDAN CHIP' JUSTiCE.. SUPREMe COURT
J. KIlu.EY OU_WAN CHIC" JUDGE. COURT Oil' "pPCALS
ARTHUR K. IJOLTON ATTORN&Y GENERAL
MARCUS e. CALHOUN SENIOR JUOGE. SUlieRIOR cOURTS

COMMlnEI:S MEMBERS:

ALHOLLOWAV SENATE IIRESIDENT PRO TEMPORE

JACK CONNELL SPA,KER llRO TEMPORE

ROY E. BARNES CHAIRMAN. SENATE JUDICIARY COMMITTEE

SELECT COMMITTEE ON

WAYNE SNOW. JR. CHAIRMAN. HOUSE JUDICIARY COMMITTEE
II'RANK H. EDWARDS SPECIAL COUNSEL

CONSTITUTIONAL REVISION.

J. ROBIN HARAIS EXECUTIVE DIRECTOR

ItOOM 23M A7 TRINITY AVENUE
.c.'... ATLANTA. GEORGIA 3033<6 71

MELoVIN 8. HILi. JR. ASSiSTANT EXECUTIVE OIRECToR

TO:
FRCIf:
SUBJECT: DATE:

MEMBERS, SELECT CCliKITTEE (If CONSTITUTIONAL REVISION
AND LEGISLATI1{E OVERVIEW CCliKITTEE
Michael J. Henry and Vickie Greenberg Sachs, Staff Attorneys
Staff Recommendations for Changes in the Article VIII Proposal
June 9, 1981

Since the final meeting of the Committee to Revise Article VIII, the staff has been in the process of reviewing its proposal. Comments have been solicited and received from various school board attorneys and others. Based on this correspondence and staff review, the staff recommends the following changes:
Recommendation on Article VIII
1. Article VIII, Section I, Paragraph I needs to be modified as a matter of style as follows:
"Public education for the citizens prior to the college or postsecondary level shall be free [the expense of which) and shall be provided for by taxation." (modifICation underlined, deletion bracketed)
2. Article VIII, Section II, Paragraph I(a) needs to be modified as a matter of style as follows:
"Paragraph I. State Board of Education. (a) There shall be a State Board of Education which shall consist of one member from each congressional district in the state [,} appointed by the Governor [by and} with the advice and consent of the Senate. The Governor shall not be a member of said board. The members in office on June 3D, 1983, shall serve out

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SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE June 9, 1981 Page 2
the remainder of their respect,1ve terms. AtJ eacll term of office expires, the Governor shall appoint a successor as [herein! provided in this subpar,sraph; [All such terms of members! The terms of office of all _bel's shall be for seven years. Members shail serve until their successors are .ppoint~d and qualified, [provided that members shall be subject to removal! but any member may be removed fr~ office upon the affirmstivevote of a majority of the qualified voters of (their! the respective congre.sional district voting thereon in a referendU1D calle4 pursuant to the method provided for the recall of elected public (elected] officials. In the event of a vacancy on the board by d_th, r..i8nation, removal, or any reason other than expiration of a lIIl!lIIPer's term, the Governor .~ll f11l such vacancy ( ;!.:,. lbe person leO) appointe4 to fill a vacancy shall serve until coniirme4 by t~ $~t nd, upon confirmation, shaU ,erve fOr the unexpired term of office. The members o~ t~. State Boar4 of Education shall be citizens of this .~.~e Vbo shall have resided in Georgia continuously for at least five years prece4ing their appoinement. No person employed in a professional capacity by a private Or public .ducation institution, or by the State Department of Education, or by a school book publialling co.~ce~ and no peraon whos. appointment would create a conflict of interest for such person as defined by law shall be eligible
for appointment to or serviCe On said board.
,(additions underlined, deletions bracketed)
3. Article VIII, Section II, Paragraph I(b) needs to be modified for clarity aa followa:
"(b) The State Board of !ducation and its members shall have auch powers and duti.. as provided by law." (additions underlin8l!)
4. Article VIII, Sect1pD II, Paragraph I(c) needs to be modified for clarity as follows:
"(c) The State Board of Eclucat;ion shall be ~ state aSency responsible for the development, administration, and coordination of state vocational-technical education programs. (additions underlined)

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SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE
June 9, 1981 Page 3

. S. Article VIII, Section II, Paragraph ICe) needs to be modified as a matter of style and clarity as follows:

"Ce) [Except as herein provided, the) Additional qualifications, compensation, and additional methods
.2. removal from office [, and pow8!s and duties) of
the members of the State Board of Education shall be as provided by law.--caddItions underlined, deletions
bracketed1

6. Article VIII, Section III, Paragraph I needs to be modified as a matter of style and also to incorporate language approved by 'the Committee but inadvertently omitted from the finsl draft as follows:

Paragraph I. State School Superintendent. There shall be a State School Superintendent who shall
be the chief executive officer of the State Board of Education and who shall be appointed by the State Board of Education, with the advice and consent of the Senate. The State Board of Education may prescribe the qualifications, term of office,
causes and method of removal, duties, authority, and compensation and allowances of the State School
Superintendent, [provided that) but no person may hold the office of State School Superintendent for more than four consecutive years without being reconfirmed by the Senate. In case of a vacancy in such position for any reason, the board shall serve [immediately and until the Senate shall have acted concerning such person's) pending . confirmation by the Senate. No member of the State Board of Education shall be eligible for appointment
as State School Superintendent during the time for which such member shall have been appointed. The
State School 'Superintendent in office on June 30, 1983, shall continue in office for the remainder of the
term to which elected [, at which time the State School Superintendent shall be appointed as hereinabove provided]. (additions underlined, deletions bracketed)

7. Article VIII, Section IV, Paragraph I needs to be modified at

subparagraphs (b), (c), Cd) and (e) as a matter of style. In each

of these subparagraphs, the term "Board of Regents" should be used,

with capital letters.

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SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE
June 9, 1981 Page 4

8. Article VIII, Section IV, Paragraph I(a) needs to be modified for the purpose of consistency and clarity .. follows:
"Paragraph I. University System of Georgia; Board of Regents. (a) There shall be a Board of Regents of the University Systl!lll of Georgia wh+ch shall consist otone member from each congressional district in the atate and five additional members from the atate at large[.) appointed by the Governor, [aubject to confirmation by) with the adv1ce and consent of the Senate. The Governor shall not be a _ber of said boal:l!. The _bers in office on June 30, 1983. aball, aerve out the remainder of their respective terms. As each term of office expires, the Governor ahall appoint a. successor .. [herein) pr09ided in thia subparaEaph. All such terma of ~rs shall be for s. .en year lfembers ahall aerve until their successors are appointed and qualified." (edditions underlined. deletiona bracketed)
9. Article VIII, Section V; 'Paragraph I School systems continued; consolidation of school sIstems authorized; new independent school systl!llls prohibised. In order'to make the language on consolidation of local school systems in Article VIII consistent with the language on consolidation of cities and counties in Article IX (Section I, Paragraph II(c), the second sentence of Article VIII. Section V, Paragraph I should be amended to read 'as follows:
Existing county and independent school systl!llls shall be continued, except that the General Assl!lllbly may provide by law for the consolidation of two or more county school systems, independent school systems, or any combination thereof into a single county or area school system under the control and management of a county or area board of education, under such terms and conditions as the General AssembI mal prescribe; but no such consolidation shall become effective unless approved by a majority of the qualified voters voting thereon in each separate school system proposed to be consolidated. (additions underlined)
Due to the broad authorization pr09ided to the General Assembly in the language above, sentence 4 of the final draft is unnecessary. Sentence 4 reads as follows:
"Any county or area school system so established shall constitute a separate political subdivision of this state, and the school aystems incorporated therein shall atand abOlished. and title to all school properties aDel assets therein shall vest in the county or area board of education."

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SELECT COMMITTEE lJEGISLATlVE OVERVIEW COMMITTEE June 9. 1981 Page 5
10. Article VIII. Section V. Paragraph II; Boards of educations. Following discussion with the Office of Legislative Counsel. it was recommended that the provision for the compensation of school board members be placed in the Constitution. but without the requirement of approval by a referendum. The second sentence of Paragraph II would then read as follows:
"School board members shall reside within the territory embraced by the school system and shall have such compensation and additional qualifications as may be provided by law." (change underlined)
11. Article VIII. Section V. Paragraph IV Changes in school boards needs to be modified as a matter of style as follows:
(a) The composition of school boards. the term of Ollice and the method of selecting board members. including whether elections shall be partisan or non~partisan. shall be as provided by law applicable thereto on June 30. 1983. but may be changed thereafter only by local law. conditioned upon approval by a majority of the qualified voters voting [in a referendum) thereon in the system affected.
Also. it was recommended tu the staff that a new provision be added to this paragraph to give authority to pre-1877 school systems to maintain thei~ present method of making changes in their school boards. This new provision would read as follows:
(b) Notwithstanding subparagraph (a). those school systems which are authorized on June 30. 1983 to make the changes listed in subparagraph (a) without a referendum may continue to make such changes in such manner. (additions underlined. deletions bracketed)
12. Article VIII. Section V. Paragraph V(b) Power of boards to contract with each other needs to be modified for consistency as follows:
"The General Assembly may provide by "[general or local) ~ for the sharing " (additions underlined. deletions bracketed)

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SELECT COMMITTEE
LEGISLATIVE OVERVIEW COMMITTEE June 9, 1981 Page 6

13. Article VIII, Section V, Paragraph VII Special schools needs to be modified for consistency and clarity as follows:
"Paragraph VII: Special schoob. (a) Th. General AIIa_hly may provide by [general or local) law for the creation of special schools in ,such areas as may require them and may provide for the participation of local boards of education in the establishment of such schools under such terms and conditions as it may provide, but [(h) Notwithstanding subsection (a) above,) no [lIOl1tical subdivi.aion may be authorized to incur) bond.d indebtedness may b. incurr.d !!oar [a*y require the 1..,. ofl. a school tax ~ for
the support of, [such] special schoob without !!!!
approval [by] ~ a majority of the qualified voters votiq [in a referendUlll held) thereon in each of the sy.eema affected. ltDy [suchl special schools shall be operated in conformity with resulationa of the
1_.State Board of Education pursuant to provisions of The state is [hereby] authorized to expend funds for the IIUpport and maintenance of [such] special schools in such lIIIlOUI1t and manner as may be prOVided by law.
[(c) ill Nothing contained h.rein shall be construed
to affect the authority of local boards of education or of the state to support and maintain special schools created prior to June 30, 1983. (additions underlined, deletions bracketed)

14. . 15.

Article VIII, Section VI, Paragraph I(c) Local taxation for education needs to be modified to clarify a citation as follows:
"The 20 m:l.ll 'lim:l.tation provided for in [this Paragraph] subparagraph (a) shall nat apply.....
Article VIII, Section VI, Paragraph I(d) Local taxation for education needs to be modified to clarify a citation and to make it consistent with other ,provisions as follows:

"The _thod of certification and 1..,. provided
for in [this Paragraph) submanaph (a) shall not
apply the General Assembly may!!!. [general or locall law requir....... (additions underlined, deletions bracketed)

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SELECI COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE June 9, 1981 Page 7

16. Article VIII, Section VI, Paragraph II Increasing or removing tax

~. In order to make Paragraph II applicable to ~ school

systems, and not only those systems which have a 20 mill limitation

on June 30, 1983, the staff recommends using the introductory phrase

"The mill limitation in effect on June 30, 1983 for any school

system", rather than the phrase "The 20 mill limitation provided

in Paragraph I."

,

By making .this change, Paragraph II would read as follows:

Paragraph II. Increa.ing or removing tax rate. ~ mill limitation in effect on June 30, 1983 for any .chool system may be increased or removed by action of the respective board of education, but only after .uch action has been approved by a majority of the qualified voter. voting thereon in the manner provided
by law in the particular school .y.tem to be affected. (addition underlined)

On November 17, 1980, the .taff sent a memorandum to the superintendent
of each of the fifty pre--1877 .chool .y.tems, explaining the proposals of the Article VIII Committee with regard to pre--1877 systems, and including the final draft of Article VIII. This office received feedback from only two of the fifty .y.t.... Their criticisms and recommendation. have been considered in preparing this memorandum.

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COMMITTaE MEMBERS:
GEOItGE BUSBEII GOVERNOR CHAIRMAN
ZELLMILLER UEU1'ENANT GOVERNOR
THOMA' . MU....V Sfl'AKER. HOUSE -0' REPltEANTATIVE.
R08ERT H. .IORDAN CHIIIF JUSTICE. 'U~REMI! COUflT'
J. KELLEY OUlLUAN CHI." JUDGE. COUflT' 0" AP~""
ARTHUR K. eoL.TON
ATTa"NeY aINE""" MAIIIICU' e. CAUiOUN
SNIOR JuDGL SUP'IIRtOR COUItTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H .7 TRINITY AVl:NU ATLANTA. GEORGIA 30334
40.,.5871

COMMITTEES MEMBERS;
AL HOLLOWAY SENATE PRESIDENT PRO TEMPOlJtE
JACK CONNELL SPEAKER PRO TEMPORE
ROY E. BARNES CHAIRMAN. SENATE JUDICIARY COMMITTEE
WAYNE SNOW. JR. CHAIRMAN. HOUSE JUDICIARY COMMrM'&
","Nt< H. IIDw"RDS SPECIAL COUNSEL
J. ROBIN HAARIS EXECUTI'I D,RECTOR
MELVIN 8. HILL. JR. ASSISTANT EXECUTIVE aiRECTOR

TO:
FROM: SUBJEer:
DATE:

MEMBERS. SELEer CClKHITTEE ON CONSTITUTIONAL REVISION AND LEGISLATIVE OVERVIEW COMMITTEE
Michael J. Henry. Staff Attorney
Incorporation of General Amendments Ratified at 1980 General Election Into The Article VIII Committee Proposal
June 15. 1981

There were nine general amendments to the Constitution ratified at the general election of 1980. one of which amended Article VIII. Since the Article ~III Committee reviewed and revised the Constitution as amended through 1978. no decision 'was made concerning these amendments. The staff makes the following recommendation regarding the incorporation of the 1980 general amendment into the Committee proposal.
Article VIII. Section IV of the Constitution was amended so as to add a new paragraph at the end thereof. to be designated Paragraph III. to read as follows:
"Paragraph III. Program for Certified Teachers. The State Board of Education shall establish. by not later than the beginning of the fall quarter of 1981. a program whereby teachers certificated in this state may be reimbursed for tuition costs for attending public or private colleges or universities in Georgia when such attendance is for the purpose of taking courses pursuant to a requirement by the State Board of Education that the teacher remain certificated in the teacher's respective subject area. The reimbursement provided for herein shall be limited to ten quarter hours during each period of three calendar years and shall be subject to an agreement by the teacher that he or she will teach classes in the

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SELEer COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE
June 15, 1981 Page 2
public schools of this state on a full-time basis during the school year following, the year during which the teacher attended a college'or university pursuant to the program authorized by this Paragraph. The State Board of Education shall adopt rules and regulations, not inconsistent with this Paragraph, to implement the provisions of this Paragraph. This Paragraph shall become effective when funds are appropriated to the State Board of Education for this purpose." '
This amendment authorizes the State Board of Education to establish a program whereby teachers, required to attend colleges or . universities in order to remain certified, may be reimbursed for tuition costs incurred as a result of such attendance. Such reimbursement, shall be limited to ten quarter hours during each period of three calendar years and conditioned upon an agreement by the teacher to teach in the .public schools for one school year following such attendance. The effectiveness, of the amendment (and the program) is dependent on funds being appropriated for such purpose.
The staff recommends that this amendment, if incorporated, could be substantially revised and placed at Article X, Section II, Educational Assistance, of the Ar~icle X Committee proposal.
Article X, Section II, Paragraph I(a)(4) would need to be modified as follows:
(4) "To provide grants, scholarships, loans or other assistance to (state) public employees for educational purposes". (deletion bracketed. addition underlined)
Public school teachers, being public employees, would be covered by this change. Implementing legislation would need to be passed authorizing such a program to be established by the State Board of Education. The two conditions established for reimbursement in 'the amendment would be provided for by rule or regulation of State Board of Education or by the law authorizing such program to be established.. The General Assembly would continue to have the authority to appropriate or not appropriate funds for this purpose since the lead in language provides, "public funds !!!I. be expended "
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2

STATE OF GEORGIA

3

4

SELECT COMMITTEE

S

ON

6

CONSTITUTIONAL REVISION

7

8

9

10

MEETING OF LEGISLATIVE OVERVIEW COMMITTEE
THE HONORABLE GEORGE BUSBEE, Governor of Georgia, Presiding
18 19 20 21
22 Room 341 State Capitol
n Atlanta, Georgia
M Tuesday, June 30, 1981 10:00 a.m.
2S

2

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PAGE 2

I NDE X

Consideration of:

Article IX, Section I ..................... 3

Article IX, Section 11 .................... 33 .... 103

Article IX, Section III ....................... 46

Article IX, Section IV ....................... 56

Article IX, Section V 61

Article IX, Section IV . . . . . . . . . . . . . . . . . . . ,. ..... 81

Report of Conference Committee, Article VIII, Section IV ................... 120

Report of Conference Committee, Article VIII,

Section II

131

PAGE 3

PRO C E E DIN G S

2

GOVERNOR BUSBEE: All right. If you will come to

3 order we are going to commence our proceeding.

4

We are going to now take up Article IX, and I'll

5 ask staff to pass out the handouts on Article IX.

6

(Pause.)

7

GOVERNOR BUSBEE: Does everyone nOw have a copy?

8

We are going to commence with Article IX. We have

9 Bob Smalley who is the chairman of the article committee with

10 us today. Do you have any members of the committee with you?

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MR. SMALLEY: There are several legislative members

@;;o 0w.. that are here.
GOVERNOR BUSBEE:

And several legislative members of

! 14 the article committee on IX are also present. I-

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We're going to ask staff to make a presentation.

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16 ~... If you have any questions and, Bob, if you have any observa-

az

17 ~ tions on it as we go down article by article I hope you will

18 feel free to join in the discussion.

19

At this time I'll calIon Mel to present Article IX.

20

MR. HILL: We'll start with Paragraph I of section I.

21 First of all, the committee consolidated the provisions of the 22 eleven paragraphs of Section I in the present constitution 23 into three paragraphs, and added a new provision relative to 24 civil service systems.

25

In Paragraph I itself the proposal is the same as the

PAGE 4

present provision of Section I, Paragraph I, with the deletion

2 of the language relative to the initiation of suits against

3 the county which is presently covered in the Civil Practices

4 Act.

5

The form of government that exists in each county on

6 the day immediately preceding the adoption of the new

7 constitution is grandfathered in by this paragraph in order

8 to ensure the continunity of county government in its present

9 form on the effective date.

10

That concludes the discussion of Paragraph I unless

11 ";oaz..:..::.. there are questions.
@);~I GOVERNOR BUSBEE: Is there any discussion on Paragraph I of this section?

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17 ::; second?

If not, is there objection to the -REPRESENTATIVE BUCK: Moved. GOVERNOR BUSBEE: All right, it's moved. Is there a

18

A VOICE: Seconded.

19

GOVERNOR BUSBEE: The motion is made and seconded.

20 Further discussion on Paragraph I: If not, is there any

21 objection to the adoption of Paragraph I?

22

It's unanimously adopted.

23

MR. HILL: All right. Paragraph II is a consolida-

24 tion of Paragraphs I, II, III, IV, V and XI of section I of

25 the present constitution and represents a substantial

PAGE 5

reduction in language

2

The metes and bounds and location of the site in

3 each county is grandfathered in in Paragraph II(b) of the

4 proposal, to be changed only pursuant to a general law.

S

Paragraph II(c) of the proposal authorizes the

6 General Assembly to provide by law for the consolidation of

7 existing counties, while retaining the requirement of approval

8 by a majority vote of the people to be affected. Now, in

9 the present constitution there is a double majority require-

10 ment, but that has been -- it is only a simple majority

requirement in the proposed revision.

Much of the language in the present section on

Paragraph XI relating to the consolidation of county

governments prescribing the methods and procedures for county

consolidation has been omitted to be provided for by law.

SENATOR BARNES: Move its adoption.

MR. HILL: Now, the staff has one recommended change

18 here, and that is in Subparagraph (b) that it should state

19 unless changed under the operation of general law rather than
20 pursuant to. In discussion with Legislative Counsel's office

21 it was felt that under the operation of a general law was

22 better language, and we have retained the present system.

23

GOVERNOR BUSBEE: All right.

24

SENATOR BARNES: Move its adoption.

2S

GOVERNOR BUSBEE: The motion is made that Paragraph

PAGE 6

II be adopted. Is there a second?

2

(Motion seconded.)

3

GOVERNOR BUSBEE: It's seconded.

4

A VOICE: As amended.

5

GOVERNOR BUSBEE: It's moved that Paragraph II be

6 adopted as amended. Is there any discussion?

7

Mr. Burruss.

8

REPRESENTATIVE BURRUSS: Mr. Chairman, would you

9 ask them to elaborate more on the change (c) on consolidation?

10 What's the change on consolidation?

GOVERNOR BUSBEE: You're aware of what I call the

Harry Mixom amendment that was passed years back where it was

not speaking of the people that voted at the polls, it was

talking about the absolute majority of all the voters. That's

been removed; it requires a majority of the vote, plus that

word being changed.

All right. Is there any further discussion?

18

If not, is there objection to the adoption of

19 Paragraph II of Section I?

20

If not, it's unanimously adopted.

21

Paragraph III.

22

MR. HILL: All right, Paragraph III.

23

GOVERNOR BUSBEE: Go right ahead.

24

MR. HILL: All right. Paragraph III is a consolida-

25 tion of Paragraphs VIII, IX atid X of Section I of the present

PAGE 7

constitution. This proposed Paragraph III (a) delineates

2 those county officers which the committee felt should continue

3 to be elected constitutional county officers within the

4 meaning of Article IX.

5

The four-year term requirement for these officers

6 was retained, but the two-year residency requirement was

7 omitted as was the removal provision for conviction of

8 malpractice in office, which matters are to be provided for

9 by general law.

10

Now, I would state that under the present constitu-

tion the county officers that are elected by the respective

counties are not delineated. The constitution states that

the county officers shall be elected by the people of the

county, but there is no delineation of who these people are,

and the committee was apprised of the fact that through

court decision these officials, these county officers include

all the ones that are listed here that have been retained, 18 plUS two others that have not been retained, the county

19 surveyor and the county coroner are also under the proposed

20 I mean under the present constitution considered county

21 officers. They have not been included in this list by the 22 Article IX committee.

23

Paragraph III (b) provides that the --

24

A VOICE: Mr. Chairman, I can't hear.

25

GOVERNOR BUSBEE: Mel, talk a little slower. I

PAGE 8

don't know whether I can turn the volume up or not.

2

MR. HILL: Paragraph III (b) provides that the

3 minimum salaries for all of these county officers are to be

4 provided for by general law, and that any local supplements

5 are to be provided for either by local law or, if authorized

6 by local law, by action of the county governing authority.

7

The Subparagraph (c) is a retention of the present

8 authorization to consolidate the offices of tax receiver and

9 tax collector into the office of tax commissioner.

10

GOVERNOR BUSBEE: All right. Representative

11

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Pinkston.

~;j REPRESENTATIVE PINKSTON: You might have answered my question, Mel, when you were talking about Paragraph (c)

! 14 I- which I hadn't seen, but if you want to consolidate tax ':"z: 15 oll commissioner with tax collector and so forth, are you going to
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16 ~... do it by constitutional amendment or by local act or general zQ

17 : act, or what?

18

MR. HILL: By local law under this provision.

19

REPRESENTATIVE PINKSTON: You can do it by local

20 act even though it's in the constitution? Local act, it

21 wouldn't have to be a local constitutional amendment which

22 we've abolished now?

23

MR. HILL: We wouldn't have to do that, because it's

24 specifically authorized here to be done by law.

25

REPRESENTATIVE PINKSTON: But any of the other office

PAGE 9

you couldn't do except by constitutional amendment; right?

2

MR. HILL: That's right.

3

REPRESENTATIVE PINKSTON: General.

4

GOVERNOR BUSBEE: Mr. Rainey.

S

REPRESENTATIVE RAINEY: What change are we making in

6 the salary and compensation for our county officers now?

7

MR. HILL: There would be no change in the compensa-

8 tion provisions. You have a minimum salary now.

9

REPRESENTATIVE RAINEY: As far as the state

10 legislature is concerned, it remains the same as to local

laws affecting

MR. HILL: There has been some question as to whether

in fact local laws could delegate this authority to county

governing authorities, and this would clarify that that would

be allowed under the new constitution.

Some local acts have delegated the authority to

establish salaries to the county governing authority, and there

18 is some question as to whether if that were challenged it would

19 be upheld, but under the new constitution it would be valid.

20

GOVERNOR BUSBEE: Senator Holloway.

21

SENATOR HOLLOWAY: As I understand it, local

22 government cannot go below the minimum established by the

23 legislature, but can have an enrichment program is the way

24

GOVERNOR BUSBEE: By local law, yes.

2S

LT. GOVERNOR MILLER: What happens to the coroner?

PAGE 10

GOVERNOR BUSBEE: The lieutenant governor asked 2 what happens to the coroner. I think that you don't have the 3 coroner nor the surveyor in here as a constitutional officer. 4 By statute you could still have a surveyor, but he's not a 5 constitutional officer of the county. By statute he would 6 remain.

7

MR. HARRIS: They're not listed in the present

8 constitution, so they would remain exactly as they now are.

9 But in a given locality by local law you could abolish either

10 or both of those offices.

Czl

11 j:

GOVERNOR BUSBEE: Representative Colwell.

'oG.".o.

@;~ REPRESENTATIVE COLWELL: Does this pertain to county treasurers? We've got some counties where we have

! 14 elected county treasurer. Would that also be in the statute?

I-

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15 olI

MR. HARRIS: Yes.

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16 .~..

GOVERNOR BUSBEE: Presently the county treasurer is

Qz

17 : by statute, he's not in the constitution, and those continue.

18

Senator Ballard.

19

SENATOR BALLARD: What happens to those constitutiona

20 officers that are now on a fee system? I see no provisions

21 here for that.

22

GOVERNOR BUSBEE: The only thing it speaks of on

23 compensation is where there's minimum compensation. There's

24 nothing to change the fee system in this.

25

SENATOR BALLARD: What I'm saying is, you know, some

PAGE 11

of them are on a fee system, a percentage of what they do,

2 and there are still some in the state, and if you say they've

3 got to draw a minimum that means that they're going to be paid

4 instead of be on a fee system.

5

Are we doing

Is it the intent to do away with the

6 fee system in Georgia?

7

GOVERNOR BUSBEE: Let me calIon Mr. Smalley. He's

8 the chairman of the article committee. Bob, speak into the

9 microphone if you will.

10

MR. SMALLEY: We didn't intend to deal with that

"z
11 .joa...::.. question, and I don't think this really changes the existing

law on it. As a matter of fact, you'll have to refresh my
Q~r :14j!... memory about those county officers now on the fee system .

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15

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I

thought

the

fee

system for most

county officials

has been

16

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Q

abolished

by

general

law

already

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17 :

SPEAKER MURPHY: My clerk is still on fee.

18

MR. SMALLEY: I don't think this would affect that

19 in my opinion.

20

This I might say is one of the most knotty problems

21 we dealt with. We worked and reworked this section three or

22 four times trying to overcome problems that had been

23 presented, and in gist it preserves the statewide minimum

24 fee schedules that the legislature has adopted, but it also

25 permits supplements by local act or, if the local delegation

PAGE 12

would authorize it, then by the act of the local governing 2 authorities, so we think it achieves a maximum flexbility, 3 and that was certainly our intent.

4

GOVERNOR BUSBEE: Senator Kidd.

5

SENATOR KIDD: I have three questions, Mr. Chairman.

6

I disagree with the constitutional attorney,

7 knowledgeable attorney in if you look at the section in the

8 old constitution whiah states county officers may be on a fee 9 basis, a salary basis or a fee basis supplemented by salary 10 in such manner as may be directed by law. Now, you have

changed that in its entirety and removed the words "fee basis

or fee basis supplemented by salary," so my interpretation of

what we have before us is that the fee system in toto is

removed unless you come back with a general law to give it to

that particular county. That's my first one.

Now, my second question deals with Paragraph (b) in

which it looks to me as if the General Assembly or a member

18 of the General Assembly might be in disagreement with the

19 county commissioners and wanted to raise the salary of the

20 probate judge or the clerk, that .he could not do so if I

21 interpret this wording unless it was approved by the county

22 commissioners.

23

My third is why are we doing away with the coroner?

24 Why not in the small counties leave the coroner as it is,

25 and then leave it up to your larger counties who are having

PAGE 13

to pay more money for a competent person to be the coroner?

2 I think that we're making a mistake in removing the coroner

3 from the constitution.

4

GOVERNOR BUSBEE: Let me kind of respond if I might

5 just for a minute and put it in perspective.

6

I think some good points have been raised. First

7 I'll take it in reverse and answer your question, Senator

8 Kidd, that the coroner and the surveyor are not in the

9 constitution today. This makes no change as far as coroners

10 and surveyors are concerned.

I:l

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11 ior.=r..:

I think you have an excellent point about what you

@-!POint. 12 ~ were reading from the existing constitution as to the second It would be my suggestion if I might address some of

14 ~)-1 these problems, I think we are all in accord, but on what Mr.

::r::
15 : Ballard was talking about and which you reiterated I think the
rr:
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16 ~III way (b) should read would be to pick up the existing Paragraph.
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17 : X of the present constitution as a first sentence, and it

18 would read: County officers may be on a fee basis, a salary

19 basis, or a fee basis supplemented by salary, in such manner

20 as may be directed by law, and then pick up minimum compensa-

21 tion for said county officers may be established by the

22 General Assembly by general law, and then that would take care

23 of what Mr. Ballard was talking about and what you're talking

24 about.

25

SENATOR KIDD: May I not add an additional sentence

PAGE 14

that to me ties it down that you couldn't do it without

2 approval of the county commissioners. Is that correct, sir?

3

MR. HARRIS: Senator, that's not what that sentence

4 says. What it says is that in a given locality or county if

5 the members of the General Assembly from that county wanted

6 to, instead of them passing salary bills they could delegate

7 the power to the local governing authority to set the

8 additional compensation.

9

The local governing authority would not have a veto

10 power over what the General Assembly did unless the members

.11

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i= of

the

General

Assembly

from

that

county

gave

it

to

them

in

.o.....

@)~~ the first place. The constituion does not give the local governing

! 14 authority a veto.

1;;

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15 ~

SENATOR KIDD: I disagree in interpretation that

"'"::;)

16 .~.. this the way it is written could -- it has the word "and"

Q

Z

17

~
:

instead

of

"or"

in

it,

which

would

give

the

governing

body

18 the right to veto a bill that's passed. It should be "or"

19 instead of "and." That's line 4, the first word.

W

You could put a period after "local law" and then

21 strike the "and" part, and then go with the other sentence

22 I think would clarify it, but what we're being told that's

23 what was meant anyway.

24

GOVERNOR BUSBEE: All right. And also the "shall"

25 in the second sentence to "may" is what you were suggesting

PAGE 15

too?

2

SENATOR KIDD: Right.

3

GOVERNOR BUSBEE: In the interest of time rather

4 than writing out the amendment, if you'll just pay attention

5 see if this is your proposal and we will -- and I'll restate

6 it.

7

Take the existing constitution, th~ first sentence

8 of Paragraph (b) would read as follows:

9

county officers may be on a fee basis, a salary

10 basis or a fee basis supplemented by salary in such manner as

I:l

11

Z j:
a..o..:..

may be

directed by

law.

Minimum compensation for said

@;I county officers may be established by the General Assembly. Such minimum compensation may be supplemented by local law,

! 14 or if such authority is delegated by local law, by action of

t;

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15 olJ the county governing authority.

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16 ~...

Is that your motion, Senator Kidd?

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17 ::

SENATOR KIDD: Why could we not put a period after

18 the local law, and then strike line 4 I think in its entirety.

19 Then you could be able to handle it either way.

20

GOVERNOR BUSBEE: The first suggestion I think would

21 make better sense, wouldn't it, where you put the "or" instead

22 of the "and." That was your suggestion.

23

MR. HILL: Senator Kidd, without the specific

24 authorization to you to delegate this to the county governing

25 authorities in the constitution, there would be some question

PAGE 16

as to whether you could do this.

2

In other words, this is necessary. This is a

3 necessary addition here if there is any case in which you

4 want to delegate this authority to the county governing

5 authority, you see.

6

SENATORKIDD: Let me get this clear. In the past

7 we would pass a bill on a minimum and a maximum which left it

8 up to the governing authority to use their judgment between

9 those two lows and highs.

10

Now, if we pass this, then it's open on the end

"z

11

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Ill:

where

the

county commissioners

can

pay anything that

they

@;;.2.. might desire, they're not tied down with a minimum and a maximum. Is that true or not?

14 !...

MR. HARRIS: That would not be true unless you gave

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15 olI them that authority by local bill.

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~

16 ~...

SENATOR KIDD: But you're not giving them that

Q

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17 ::: authority in this paragraph?

18

MR. HARRIS: No, sir.

19

It says if such authority is delegated by local law.

20 You've still got to be the one that does the delegating.

21

GOVERNOR BUSBEE: There's two ways it could be done

22 under the way I read it that you have, Senator Kidd. One 23 would be by local law you could pass here at the state level.

24

The second way, you can delegate it to the county

25 governing officials for the supplement.

PAGE 17

SENATOR KIDD: I move we adopt the paragraph as

2 amended by the governor.

3

GOVERNOR BUSBEE: It was your motion that I read.

4 All right. Is there a second?

5

(Motion seconded.)

6

GOVERNOR BUSBEE: The motion is made and seconded.

7 Senator Holloway.

8

SENATOR HOLLOWAY: I would like to ask Mr. Smalley,

9 is it not true under the language recommended by the committee

10 that as long as the fee system produced an amount in excess

11 "~z of the minimum schedule there would be no preclusion of the

.f..

12 ~ fee system?

@'~ t:E;:J 'JI ~ w~U'o_I

MR . SMALLEY : That's my understanding of it. That

14 )0 was our intent.

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15 .:J

SENATOR HOLLOWAY: I don't see why we need to pick

"Ill:
;:)

16 up I~II that lqnguage from the old paragraph.

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17 g

GOVERNOR BUSBEE: All right. That's one observation.

18 Do you want to discuss it?

19

SENATOR BARNES: The only thing, you know, we've got

20 a statute now that allows county commissioners to raise their

21 own salaries, it just can't be effective during the term for

22 which they are elected, and if we prohibit local acts like I

23 believe I hear your amendment, then we're going to take that

24 power away from them.

25

GOVERNOR BUSBEE: You're expressly authorized local

PAGE 18

acts. You have an alternative. It says such minimum

2 compensation may be supplemented by local law or, if such

3 authority is delegated by local law, by action of the county

4 governing authority.

5

SENATOR BARNES: That'srot what it says now.

6

GOVERNOR BUSBEE: The "and" made some question about

7 the raise. I think it's clear if that's what you want to do

8 it could be done either way.

9

Representative Pinkston.

10

REPRESENTATIVE PINKSTON: Am I correct then reading

11

"z
i= oat

this

Paragraph

(b)

which we're

talking about,

when

you

read

e;iAIM line 3 such minimum compensation may be supplemented, that
means to me that you're only talking about delegation of

! 14 I- authority for supplements, not for salaries, but for

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15 olI supplements only?

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16 ~ 1M

GOVERNOR BUSBEE: I think that you now by general

Q

Z

17 : statute, for sheriffs and other county officials you have a

18 minimum salary which is now supplemented. We have the same

19 thing for other officers, judges, we have supplemental

20 salaries in addition to that. I think it is clearly talking

21 about supplemental salaries~

22

REPRESENTATIVE PINKSTON: This sentence here, we're

23 talking about just a supplement of delegation of authority,

24 but nothing to do with the salaries themselves by local law?

25

SENATOR BARNES: That's already covered by --

PAGE 19

GOVERNOR BUSBEE: Let me read it again. Do you want

2 to hear it again? I think it's clear, but I'll read it.

3 This is Senator Kidd's motion.

4

All right, (b) reads as follows: Taking the

5 existing constitution first from Paragraph X it ~eads as

6 follows: County officers may be on a fee basis, a salary

7 basis, or fee basis supplemented by salary in such manner

8 as may be directed by law. Minimum compensation for said

9 county officers may be established by the General Assembly

10 by general law. Such minimum compensation may be supplemented

by local law or, if such authority is delegated by local law,

by action of the county governing authority.

SENATOR EVANS: Mr. Chairman, does the wording of

that last sentence mean that we cannot pass a general law

that would allow all counties to supplement those salaries?

GOVERNOR BUSBEE: I would think that would be true,

but I don't know it. I would think that would be true.

18

SENATOR EVANS: What would be your reaction to at

19 least providing for a general law to permit all counties to

20 supplement? Why would we want to get back into local

21 legislation on something like that?

22

GOVERNOR BUSBEE: That's presently what we do now.

23 If you want to include that by genral law -- now, I don't

24 know whether the legislature would like to be able to pass a

25 general law authorizing the county governing officials to set

PAGE 20

a sheriff's salary, but if it's your intention I think we

2 would be safe to put general or local law, but I don't know

3 if the committee would agree with you.

4

Senator Barnes.

5

SENATOR BARNES: Let me see if I understand. We're

6 only talking about probate judges, sheriffs, tax receivers,

7 collectors or tax commissioners. All of those people now

8 have minimum salary bills in the law, we require it, we do it

9 by general statute by population, and to allow a supplement

10 of those minimum salaries so it will not be a local act in

IJ

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Io..l..l..:

conflict with

a

general

law and contravene

that provision of

the constitution or the law, we provide in (b) that we could

supplement those general statutes.

! 14

Is that not all this section is saying? I mean why

t;

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15 olI does it have to be changed? If you get into that business

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16 .~.. about local acts can set their salary, then you're going to

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17 : have a local act setting their salary in conflict with the

18 general statute.

19

GOVERNOR BUSBEE: It's not in conflict because your

20 minimum statute you refer to says it can be supplemented.

21

SENATOR BARNES: What's wrong with the present

22 language? Now, I agree with Senator Holloway. Why can't we

23 just -- if it does not prohibit a fee system if their minimum

24 compensation according to the fee system is such and such

25 amount it does not prohibit it.

PAGE 21

GOVERNOR BUSBEE: I'll defer to Mr. Smalley, but I

2 think it was the concern of the article committee even though

3 you have passed a minimum salary schedule for sheriffs and

4 others, there's no provision in the constitution authorizing

5 you to do that, is there, in the existing constitution?

6

MR. SMALLEY: I'm sorry, I didn't quite understand

7 your question.

8

SENATOR BARNES: What I'm saying is the way it's

9 written right now in (b), or proposed in (b) it says that

., 10 why do we need to change it from what is proposed by the

z

@;;11

j:
.oo".r-.:

article

committee?

I mean it does not prohibit the fee

system because as long as they can make the minimum salary,

and so why should we change it back like you and Senator Kidd

! 14 I:zn: are suggesting? That's what I'm asking.

15 .~,

GOVERNOR BUSBEE: I was merely trying to address the

or:

;;)

16 .~.. concerns of Senator Ballard and Senator Kidd, and I think it's

zCI

17 : infinitely clear that you can do it in the alternative as

18 Senator Ballard was suggesting.

19

If you don't think it's necessary or their points wer~

20 not well taken, I don't think it would need to be changed.

21

SENATOR BARNES: I don't think it's necessary.

22

GOVERNOR BUSBEE: Senator Kidd.

23

SENATOR KIDD: One more question. Going back to

24 the (a) section, I was under the impression that the courts

25 had ruled that the coroner was a county officer, and that by

rr------------~------

PAGE 22

spelling out the different particular jobs that we're doing

2 in this constitution it would therefore definitely eliminate

3 the coroner as being classified as a county officer.

4

GOVERNOR BUSBEE: I think we're talking about

5 constitutional county officers.

6

SPEAKER MURPHY: He's a statutory county officer

7 instead of a constitutional county officer. That's all it is.

8

SENATOR KIDD: The courts did not rule he was a

9 constitutional --

10

GOVERNOR BUSBEE: Constitutional is a person named

.."z
11 i= in the constitution, and they were not, so there's no such

oA....

Q~J;I decision.

Representative Colwell.

14!

REPRESENTATIVE COLWELL:

I have two counties, I

I-

'x~"

..15 oll represent two counties, their probate judge is the county
"~

16 .~.. commissioner. Now, what effect will this have on those?

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17 : They run as probate judges, but their duties are probate

18 jUdge and commissioners, sole commissioners of those counties.

19

GOVERNOR BUSBEE: That's by statute, and it has no

20 effect.

21

All right. Further discussion?

22

SENATOR BARNES: I move -- Do we have a motion?

23

GOVERNOR BUSBEE: All right. There has been one

24 motion that was made, and now if you want to make a motion,

25 go ahead.

PAGE 23

SENATOR BARNES: I move that subsection (b) be

2 approved as presented by the article committee.

3

GOVERNOR BUSBEE: All right. The substitute motion

4 by Senator Barnes is that Paragraph (b) as recommended by the

5 article committee as you have it be adopted as is.

6

REPRESENTATIVE LEE: I second it.

7

GOVERNOR BUSBEE: There is a second.

8

Just a minute. I think while ago there was no

9 objection, let me make sure now. You wanted to change "and"

10 to "or" which was previously done?

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11 t=
@;;.."o..".. adopted?

SENATOR BARNES: I have no problem with that. GOVERNOR BUSBEE: Is that your motion that it be

14 ~I

REPRESENTATIVE PINKSTON: "Shall" to "may."

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15 olI

GOVERNOR BUSBEE: No. On the fourth line where it

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16

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says

"and"

put

an

"or."

I think everybody agreed with that.

-<

17 :

Now that is your motion and it's been seconded. All

18 right, that's the substitute motion.

19

Is there objection to ordering the previous question?

20 If not, the previous question is ordered.

21

The motion is on adoption of Paragraph (b) as

22 recommended by the article committee, changing the word "and"

23 to "or" in the fourth line.

24

All those in favor rise and stand until you're

25 counted.

PAGE 24
"..-----------------_._-----------------------------.,
(A show of hands.)

2

GOVERNOR BUSBEE: All opposed. Reverse your

3 position.

4

(A show of hands.)

5

GOVERNOR BUSBEE: On the motion in the House the

6 ayes are 21, the nays are five; in the Senate the ayes are 13,

7 the nays are eight. The motion is adopted.

8

There was a lot of discussion, Senator, but you lost.

9

All right. Next is Paragraph IV.

10

MR. HILL: Paragraph IV. This is an entirely new

11

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~
.'o."....

provision

which

authorizes

the

General

Assembly

to

enact

a

9 ; i general law under which the county governing authorities can establish civil service systems covering their own employees

! 14 t; and the employees of the other elected county officers.

:I:

15 .:I

This is a permissive authorization, it is not a

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16 .~.. self-executing grant; it would take additional implementing

az

17 :: legislation to bring this about, but the issue of county civil

18 service systems covering the employees of other elected county

19 officers has been the subject of several local constitutional

20 amendments.

21

A VOICE: Move the adoption.

22.

GOVERNOR BUSBEE: The motion is made it be adopted.

23 Is there a second?

24

(Motion seconded.)

25

GOVERNOR BUSBEE: Is there discussion? Senator

PAGE 25

Reynolds.

2

SENATOR REYNOLDS: Line 10 says it simply may by

3 general law authorize the establishment. Could you do it

4 still by local act, just one county have it?

5

MR. HILL: Under this provision it would be limited

6 to general law.

7

SENATOR REYNOLDS: There's a lot of counties do not

8 have the merit system, and a lot of them do. Are we saying

9 here "All of you will have a merit system or a civil service

10 system, and all of you will have to have it or part of you

11

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j:
'o"

can't"?

If you do, I think it's a bad situation.

C.

@;i1M MR. HARRIS: Senator Reynolds, what this would say is that the General Assembly may authorize the establishment by

! 14 I- county governing authorities of civil service systems.

':z":

15 ~
'"";:)

What it's saying is that if the General Assembly

16

~ 1ozM

passes

a

general

law

authorizing

county

governing

authorities

17 :: to create civil service systems, then they are free to do it

18 or not to do it as they might elect by local action of the

19 governing authority.

20

GOVERNOR BUSBEE: It would not require a local act.

21

Representative Rainey.

22

REPRESENTATIVE RAINEY: If the county govering body

23 chose to leave out say the probate judge's office and the

24 clerk's office, their employees, and pick the others, could

25 they do it under this law like it is now?

rr--------------- ..----- -------. --------

PAGE 26

SENATOR BARNES: It would he covered by the general

2 statute.

3

MR. HARRIS: Yes, because assuming you put that in

4 the general law you would be authorized to permit them to

5 either cover county employees, or cover county employees and

6 employees of the elected county officers.

7

REPRESENTATIVE RAINEY: If in the general law then

8 could we provide that they all be covered or none be covered?

9

MR. HARRIS: Or you could leave the choice up to the

10 county authorities; either one. You would have a broad range

.."z
11 i= of authority .

o......

@);~i

GOVERNOR BUSBEE: Representative Mullinax. REPRESENTATIVE MULLINAX: I want to go back to

! 14 ... Paragraph III(a) where by the statement that was made we're

':<"rC:

..15 ~ removing the two-year residency requirement for running for
"::l

16 ~... these offices .

D

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17 :

What are we proposing to replace that? I believe

18 you made the statement, sir, we would remove the

19

MR. HARRIS: You could have it by statute. It's a

20 statutory matter, it's a matter that may change, the desires

21 may change from time to time, you may want it one year, you

22 may want it four.

23

REPRESENTATIVE MULLINAX: Why do you want to

24 specify

It currently is two, why do you want to remove it?

25

MR. HARRIS: In order to give the General Assembly

PAGE 27

r

----------------------------------------,

I complete freedom, to untie your hands in that area.

2

REPRESENTATIVE MULLINAX: If it's removed we're

3 absent any statutory requirement until something is placed in

4 the law; right?

5

MR. HARRIS: That's correct, unless there is one now

6 that I'm not aware of.

7

GOVERNOR BUSBEE: Let me elaborate on that. I'm not

8 on the article committee, but I think one of the problems that

9 you have is the Supreme Court of the United States is

10 constantly striking down long-term residency requirements.

11

"z
oa..j..::..

The

way

this

is

written

it

leaves

it

in

the

discretion

of

the

@);~i legislature to set these residency requirements by statute, and I think that you in meeting each year are in a lot better

! 14 t; position to adopt these residency requirements after reviewing

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15 q the court decisions than having it submitted to the people

"a:
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16 ~... each time by constitutional amendment .

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17 g

REPRESENTATIVE MULLINAX: Why couldn't you say if

18 you're a registered voter you're automatically entitled to

19 this then?

20

GOVERNOR BUSBEE: You could by statute.

21

Any other question on Paragraph IV? The motion has

22 been made and seconded.

23

Is there objection to ordering the previous question?

24 The chair hears none.

25

Is there objection? If not, Paragraph IV is

PAGE 28

unanimously adopted.

2

Section II, Paragraph I.

3

MR. HILL: All right. The most significant change --

4

GOVERNOR BUSBEE: Just a minute. 'The speaker had a

5 question.

6

SPEAKER MURPHY: I've got to to back to Paragraph (b)

7 because I think what you all have done done is done eliminate

8 my clerk from the fee basis is what I think you've done.

9 I've been looking at it for fifteen minutes. If you've done

10 that, you've got me and Senator Dean in a heap of trouble.

..~ z
11 i=

A VOICE: As long as you pay them the minimum --

G.o.o.

@;I SPEAKER MURPHY: She's on a fee basis, she runs the best clerk's office in Georgia as you know with the fewest

! 14 ... people too .

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SENATOR BARNES: I know that.

;;)

16 .~.. equal the minimum salary -Qz

As long as her fees

17 :

SPEAKER MURPHY: I ain't fer that. We're going to

18 have some problems with that, I'll tell you that. What you all

19 want to do is fix it where the county authorities can fi& the

20 salary, and I don't see why you don't leave Paragraph X like

21 it is and just add "or if such authority is delegated by 22 local law, by action taken by the county governing authority." 23 That's what you want to do anyhow.

24

You're eliminating some of our clerks who are doing

25 the best job in Georgia from the fee basis there, and unless

PAGE 29

you supplement it, and I ain't fer that.

2

SENATOR BARNES: I don't think that's right.

3

SENATOR KIDD: Could I make my motion one more time?

4

GOVERNOR BUSBEE: Representative Burruss.

S

REPRESENTATIVE BURRUSS: Mr. Chairman, I move that we

6 reconsider action in adopting Paragraph (b) of Section what-

7 ever it is, section I.

8

GOVERNOR BUSBEE: All right. The motion is made we

9 reconsider.

10

Senator Holloway.

SENATOR HOLLOWAY: Is a fee system compensation?

A VOICE: Yes. SENATOR HOLLOWAY: How you read that I don't know,

but -SPEAKER MURPHY: It says minimum compensation for
county officers may be established by the General Assembly.

It don't say anything about fees.

18

SENATOR HOLLOWAY: But if your fees exceed the

19 minimum, you're home free.

20

SPEAKER MURPHY: Nobody in my county knows what my

21 clerk makes except her and her auditor, her own tax person. 22 That's the only person that knows what she makes, and that's 23 her business.

24

SENATOR HOLLOWAY: That ain't right either.

2S

SPEAKER MURPHY: She runs the clerk's office with

PAGE 30

three employees.

2

SENATOR HOLLOWAY: And nobody knows how much money

3 she makes?

4

SPEAKER MURPHY: If you had a salaried clerk you

5 would have six people in that office. She runs it with

6 herself and two people.

7

GOVERNOR BUSBEE: The motion is made by

8 Representative Burruss that we reconsider the action on the

9 adoption of Paragraph (b) of Section I. Is there a second?

10

(Motion seconded.)

\:I

Z

11 j.oo...r:..:

GOVERNOR BUSBEE: All right. The motion is seconded.

@;i All in favor of reconsideration of your action on adoption of Paragraph (b) in Section I rise and stand until

! 14 ... you're counted .

':~z":

15 .:l

(A show of hands.)

"or:
;:)

16 .~..

GOVERNOR BUSBEE: Reverse yourselves .

Q

Z

~

17 :

(A show of hands.)

18

GOVERNOR BUSBEE: All right. The House is 21 and

19 five; the Senate is eight to 11, so let's not reconsider.

20 It was eight to eleven not to reconsider in the Senate.

21

SPEAKER MURPHY: 21 to five in the House.

22

GOVERNOR BUSBEE: 21 to five in the House.

23

LT. GOVERNOR MILLER: Don't we go by the vote of the

M total on that?

25

GOVERNOR BUSBEE: Just a minute. Let's get something

PAGE 31

straight now.

2

You know, we agreed on the adoption in substance

3 that we had to have both the House and the Senate in agreement.

4 If one objected -- But on the vote on the motion to recon-

5 sider we're just saying the vote of the total. We need to be

6 consistent.

7

I think it would be better to have a vote of the

8 total. Is there objection to proceeding throughout the

9 hearings on reconsideration?

10

SENATOR HOLLOWAY: With the vote of the total?

"z
11 ~

GOVERNOR BUSBEE: Just on procedural questions.

..o....

e;~ On the adoption of substance it's got to be agreed to by a majority of both the House and the Senate, but I'm just

! 14 t; asking on these procedural questions --

<l(

:I:

15 q

LT. GOVERNOR MILLER: On matters where you cannot

"ex:
~

16 ~... apoint a conference committee that would seem to be the fair oz

<l(

17 ::Ii way to do it.

18

A VOICE: I think it ought to be both, Mr. Chairman.

19 Procedural can be as important as substantive.

20

GOVERNOR BUSBEE: The chair is going to have to have

21 some direction on procedural questions, because that's not

22 covered in what we've done thus far.

n

Senator Holloway.

24

SENATOR HOLLOWAY: Mr. Chairman, the only direction

25 I see we can take when we've got an obvious disagreement is to

PAGE 32

appoint a conference committee.

2

GOVERNOR BUSBEE: That still will not resolve the

3 question. If you have a difference, and you have one asking

4 for reconsideration which means that they're not satisfied

5 with that position, and you have one that's saying not to

6 reconsider, there's an obvious difference, so maybe under

7 those conditions we might just have a conference committee

8 appointed.

9

What would be the feeling on a situation we just had

10 where there's an obvious difference, the House and the Senate

..11

"z
;::

appoint

a

conference

committee?

Is there objection?

..o....

e);~1

A VOICE: I so move. GOVERNOR BUSBEE: All right. If there's no objec-

! 14 ... tion, a conference committee will be appointed on Paragraph (b)

'"

:a:

." 15 olI of Section I of Article IX. ::;)

16 .~..

Section II, Paragraph I .

Q

Z

17 :

Just a minute. Senator Greene.

18

SENATOR GREENE: Not on this part~cular issue, I

19 don't want to get into the merits of the issue, but we met

20 two weeks ago you said the policy that on the issue of

21 substance, that is when we were voting on a paragraph or

22 whatever that we would appoint a conference committe, but

23 when there was disagreement on minor things such as an

24 amendment to a particular thing that a conference committee

25 would not be appointed, and a motion for reconsideration

PAGE 33

would be a lesser situation than an amendment to the main

2 paragraph we were dealing on, and I think consistent-wise

3 we just reverted from the policy you set two weeks ago.

4 I just point that out, whatever the chair wants to do with

5 that.

6

GOVERNOR BUSBEE: We unanimously agreed this would go

7 to a conference.

8

All right. Paragraph I of Section II.

9

MR. HILL: All right. Section II, Paragraph I is

10 the most significant change proposed by the committee, and it

11

"z
j:
..'o"....

is

the

deletion

of

the

county

home

rule

provisions

from

the

12 ~ constitution with the recommendation that they be provided for

@ r l by statute, and the committee drafted a County Home Rule

14 ~ Statute that patterns, follows very closely the present I'<"l J:
15 q.., county home rule provisions in the constitution, and that's

'":) 16 .~.. in your package .

Q
Z <l
17 :

They also had a proposed municipal home rule

18 statute which is very similar to the present municipal home

19 rule statute, but the committee felt that both counties and

20 municipalities should have broad home rule authority and did

21 draft this implementing legislation for county home rule.

22

As I say, that is the most significant change being

23 proposed by the Article IX committee, and it authorizes the

24 General Assembly to delegate its authority under general law

25 to the local governments.

PAGE 34

GOVERNOR BUSBEE: All right. Is there objection to

2 adoption of Paragraph I, Section II?

3

If not, it's unanimously adopted.

4

Paragraph II.

5

MR. HILL: Paragraph II. This proposal represents a

6 restatement of the presently existing self-executing grant of

7 the so-called Amendment 19 powers which are in the present

8 constitution with some modification.

9

The committee felt that they should enumerate these

10 14 self-executing powers as a base or a minimum grant of

e;i"z

11

i=
.'oG".o.

powers

for

all

cities

and counties,

and

there

is

a

limitation

that the General Assembly may add to but may not withdraw any

such powers.

! 14 ...

One of the more significant changes in the proposal

':"r

15 olI from what is in the present constitution is an inclusion of

"'";;) 16 .~.. the recommendation by the Article X committee which is on

Q

Z

17 : retirement and scholarships that the power to establish and

, 18 maintain local pension and retirement systems be added to the
19 list of the Amendment 19 powers, and that's Number 14 in this

20 list of Amendment 19 powers.

21

The committee did feel the General Assembly should

22 continue to be authorized to regulate the exercise of these

23 powers by general law, but not be able to withdraw these

24 powers.

25

Paragraph II(b) of the proposal is a restatement of

PAGE 35

the present limitation on the exercise of the powers within

2 the boundaries of another local government except by contract

3 or as authorized by law.

4

GOVERNOR BUSBEE: Senator Holloway.

5

SENATOR HOLLOWAY: Under Paragraph (a) I note that

6 there were 15 identified areas of taxation, whereas only 14--

7 What's been eliminated?

8

MR. HILL: Yes, thankjOu, Senator. That's something

9 we'll be coming to in a minute.

10

Planning and zoning is one of the powers that is

11

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i=

listed,

as

well

as

community redevelopment,

and

those

two

..'o.."..

12~ things are addressed separately in a short time.

@~r~

SENATOR STARR: Mr. Chairman.

14 ~

GOVERNOR BUSBEE: Senator Starr.

l:;z;:

15 .:l

SENATOR STARR: Do I understand by our action on

"'";;)

16 .~.. Paragraph I of this section that we are taking out of the
oz

17 : constitution the home rule authority and putting it in the

18 General Assembly to delegate home rule powers?

19

I believe this is exactly contrary to what the

20 County Commissioners Association would desire. They would

21 like it left in the constitution.

22

GOVERNOR BUSBEE: I have their letter, and I really

23 can't understand the letter because they're -- I won't say that

24 they're not correctly informed, but I don't understand their

~ information.

PAGE 36

The existing constitution -- this spells out all of

2 these home rule powers. It does provide, and what they're

3 objecting to, that the legislature can enhance those or it

4 can diminish them.

5

All right. But under your existing constihltion,

6 if you'll turn to page 72, it goes on: This, however, shall

7 not restrict the authority of the General Assembly by general

8 law to further define this power to broaden, to limit and

9 otherwise regulate the exercise thereof, so what you're doing

10 is spelling out these things and having the same provision

"z

11

j:
..'o"....

you

have

in

the

constitution,

and

it's

not

giving

the

12 ~ legislature any power they don't have today as far as home

rule is concerned.

@ ~ r14l!t-

So I don't understand -- I have the letter, but I

III

0(

:z:

15 oll don't understand it. It spells out all of them.

"'";:)

16 ~...

In addition, you have under Paragraph XIV the

az

0(

17 : Article X committee which we'll be taking up, Senator

18 Holloway's committee, which is replacing XIV in this provision.

19

SENATOR STARR: I just wanted to make sure that was

20 discussed.

21

GOVERNOR BUSBEE: Okay. Go ahead.

22

MR. HILL: That concludes the recommendation

23 regarding Paragraph II.

24

REPRESENTATIVE PINKSTON: Mr. Chairman.

25

GOVERNOR BUSBEE: Representative Pinkston.

PAGE 37

REPRESENTATIVE PINKSTON: On page 3, line 33,

2 Paragraph (b), how does this affect the so-called question

3 of double taxation or agreement between cities and counties

4 about who should provide certain services and the acceptance

5 by one, by a municipality as opposed to the county and so

6 forth?

7

MR. HILL: This is merely a restatement of the

8 present intergovernment contracting provision to allow cities

9 and counties to contract for the provision of the services,

10 but sets up a limitation that says that the city can't provide

.."z
11 j: in the unincorporated county or vice versa without a contract
o.A..-
@;I with the city or county affected. Now, what you're asking about really relates more

! 14 ... to special districting, and that's a separate provision we're

'"

J:

..15 q going to get to in a minute.
":>

16 ~...

REPRESENTATIVE PINKSTON: How about in the absence

Q

Z

17 : of special districting? If you don't have special

18 districting --

19

For example, if I read it correctly no county may

20 exercise any of the powers listed in SUbparagraph (a) above.

21

SENATOR BARNES: Without their consent.

22

MR. HILL: Without their consent. That's what this

23 is.

24

REPRESENTATIVE PINKSTON: Without their consent, but

25 you mean a county government can't exercise police powers and

PAGE 38

so forth without the consent of the city?

2

SENATOR BARNES: They can't do it now within the

3 city.

4

MR. HILL: This is the present provision.

5

REPRESENTATIVE PINKSTON: I think the sheriff's

6 office can exercise the police powers inside the city right

7 now.

8

GOVERNOR BUSBEE: Some people don't realize it, but

9 cities are a part of a county. That's not always recognized.

10

REPRESENTATIVE PINKSTON: That's what I'm getting at.

e;i11

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~
.'o.."...

Is

that

limiting

that

as

to

where

the

county

has got

to

operate outside the city limits in these areas?

GOVERNOR BUSBEE: No, but it does provide this, that

14

I
.~:.z.:

if

you

have

a

municipality

that

exercises

these

authorities

15 ol) outside of their district, like in Dougherty County even to

'"":;)

16 ~... go into Lee County, then Lee County has got to consent to that

Q

Z

17 : before they can take the water, light and gas commission into

18 Lee County. There's no change, but it's specified in the

19 constitution.

20

REPRESENTATIVE PINKSTON: In our county, for example,

21 we have a lot of joint programs, the city and county -- parks,

22 recreation .and what you say, Mel, I assume you can do that

23 if there's an agreement worked out, but what if we have a

24 situation which we did in Macon several years ago of where the

25 police department, the city police department was under

PAGE 39

investigation by the Justice Department. Now, what can the

2 county police department do as far as exercising police

3 powers inside the jurisdiction of the City of Macon?

4

GOVERNOR BUSBEE: They can do anything. Macon is

5 inside Bibb County.

6

REPRESENTATIVE PINKSTON: I understand that, but

7 there's a limitation on it.

8

GOVERNOR BUSBEE: It says outside its own boundaries.

9 I don't understand that. It's not outside the boundaries of

10 your county.

Q

Z

e;111 j: ...o~ Go

MR. HILL: (b) begins by saying unless otherwise

provided by law, no county or city. If there is a general or

local law that authorizes the sheriff to in fact act in the

! 14 Iii entire jurisdiction of the county, then he would be able to,

:<zC:

15 q but this relates to the self-executing grant to the cities

Q

~

;;;)

16 .~.. and counties themselves .

Q

Z

<C

17 :

The county -- you know, if it's not otherwise

18 provided by law the county can't provide a service inside a

19 city without an agreement, and that's exactly what the

20 present constitution states.

21

REPRESENTATIVE PINKSTON: Maybe I'm not under-

22 standing it, Mel, but you missed the list of supplemental

23 powers.

24

Number one is police and fire protection. All

25 right. You come down to the last two lines on Paragraph III,

PAGE 40

it says no county may exercise any of the powers listed in

2 Subparagraph (a) above, which is police and fire protection,

3 provided inside the boundaries of any municipality or any

4 other county except by contract with the municipality.

5

GOVERNOR BUSBEE: You're asking the wrong paragraph

6 number, Mr. Pinkston. I think I didn't answer you correctly.

7

I was looking down here at II, and you were talking

8 about the paragraph above that. I'm sorry.

9

REPRESENTATIVE PINKSTON: Right, but as I read that

10 a county sheriff cannot exer.cise police jurisdiction inside

11

"z

i=
...oIll:
a.

the

city

limits

of Macon unless

he's

got

the

agreement

of

@;I the City of Macon. Am I right or wrong? MR. HILL: I think that's what the present

! 14 ... constitution provides. I mean we were trying to -- the '" :I: 15 olI committee was attempting to clarify what the present law
"Ill:
;:)
16 .~.. Amendment 19 is . zQ

17 :

If you look at your present constitution it will say

18 that none of these powers listed above, which police and fire

19 protection is the first in the present constitution, can be

20 exercised inside the boundaries of any other subdivision

21 without an agreement, and this provision says that unless

22 otherwise provided by law, you know, you would have to have

23 an agreement.

24

And there is under this proposal -- I'm sure there

25 is a general law that authorizes the sheriff to exercise

PAGE 41

police powers countywide, and that would supersede this

2 limitation.

3

Bob, do you have any additional comments on this

4 section?

5

MR. SMALLEY: This language is essentially the same

6 as that adopted in Amendment 19 that's in the present

7 constitution.

8

GOVERNOR BUSBEE: Mr. Smalley, I know what you're

9 referring to, and I have it if you don't have your constitu-

10 tion, but I think Representative Pinkston might have a point

e;i11

~"z
..'o"....

here.

I think we need to slow down a minute. On page 76 of the existing constitution, this is 19

that you're referring to, it says: Provided, however, that

! 14 ~ no city or county may exercise any such powers or provide any '"<4( :I: 15 such service herein listed inside the boundaries of any other
"'";:)
16 .~.. local government, except by contract with the city or county oz
17 ~ affected, unless otherwise provided by any local or special

18 laws, and no existing local or special laws or provisions of

19 this constitution is intended to be hereby repealed.

20

Now, are you saying that in the existing constitution

21 I was just reading that the sheriff can't enforce the law

22 inside of the city limits under this constitution?

23

MR. HARRIS: I think you've got to look at

24 Subparagraph (c) that's coming up next.

25

GOVERNOR BUSBEE: I'm talking about under the

PAGE 42

existing constitution. That's all I'm referring to now.

2

REPRESENTATIVE PINKSTON: I think in the existing

3 constitution the sheriff's got countywide police powers,

4 and you're taking that away from him except by agreement.

5

A VOICE: Or general law.

6

SENATOR BARNES: Is there not a general law that

7 says that the sheriff has the right to exercise police powers

8 countywide?

9

MR. HARRIS: Mr. Pinkston, if you would look at

10 SUbparagraph (c) that follows (b), nothing contained within

11

";z:
'o.A"..-

this

paragraph

shall

operate

to

prohibit

the

General

Assembly

e);~j from enacting general laws relative to the subject matters listed in Subparagraph (a) of this paragraph, or to prohibit

! 14 to the General Assembly by general law from regulating,

~ :r

15 .: restricting or limiting the exercise of the powers listed

li1

;;;)

16 .~.. therein, but it may not withdraw any such powers .

Q

Z

~

17 ~

So this preserves the right of the General Assembly

18 by general law in the area of policing, for instance, to say

19 that county sheriffs have police powers in their own county.

20

REPRESENTATIVE PINKSTON: I understand that, but it

21 would take a general law to do it, and aren't we going to have

22 a problem all the time with the general laws about the sheriffs

23 and the police departments fussing, and it's a drastic 24 departure from what the present constitution is. That's my

25 point.

PAGE 43

MR. HILL: It depends on your interpretation of the

2 present language of the constitution.

3

The present language of Article IX says that no city

4 or county may exercise police and fire protection inside the

5 boundaries of any other local government except by contract

6 with the city or county affected.

7

NOW, a city is a separate political subdivision from

8 a county, and under this language right this minute there 9 could be that interpretation that they do need a contract for

10 this to happen, but the reason it's not creating problems is

because there are general laws that do allow the police to

exercise powers countywide, and the intent of the committee

with this was merely to clarify this language and to restate

what it says right now.

REPRESENTATIVE PINKSTON: They're confusing me;

they're not clarifying it.

GOVERNOR BUSBEE: I think it might be well for us to

18 take a recess just for a minute.

19

Before we do, let me call your attention to something,

20 and I would like for the staff and for those, Mr. Pinkston

21 particularly and some of you that pointed this out -- I think

22 you have a significant change in the existing constitution in

23 this regard, and I was sitting here studying it.

24

What you have in the proposal before you, it goes on

25 and says there on the bottom of page 3 there "No county may

PAGE 44

exercise any of the powers listed in SUbparagraph (a) of this 2 paragraph or provide any service listed therein inside the

3 boundaries of any municipality or any other county except

4 by contract with the municipality or county affected."

5

Now, you skip down to (c) and it says "Nothing

6 contained within this paragraph shall operate to prohibit the

7 General Assembly from enacting general laws relative to the

8 subject matter listed in Subparagraph (a) of this paragraph

9 or to prohibit the General Assembly by general law from

10 regulating, restricting or limiting the exercise of the powers

"z

11

i=
o..'"....

listed

therein,

but

it may not withdraw any

such

powers."

All right. Under the existing constitution on page

@J;i 76 it says "Provided, however, no city or county may exercise

~ 14!to any such powers or provide any such services herein listed

.x"

15 ~ inside the boundaries of any other local government except

CI

'";;)

16 .~.. by contract with the city or county affected, un~ess other-

zQ

17 ~ wise provided by any local or special law, and no existing

18 local or special laws or provisions of this constitution is

19 intended to be hereby repealed."

20

So there is a difference. I'm not making a sugges-

21 tion. I think what we need to do is decide what you want to

22 do.

23

We know where a city or county goes outside of that

24 county, like I was mentioning with Dougherty going into Lee,

25 that you've got to have consent. But now this still does not

PAGE 45

address the question of a county providing services in a

2 municipality, and I think it ought to be spelled out and

3 spelled out clearly, because it's very ambiguous the way it

4 is in the existing constitution, and I think we compound it

5 when we just provide by general statute and not provide by

6 local statute.

7

We're going to take a recess now until 25 minutes

8 after 11:00. Now, that's only ten minutes, 11 minutes.

9 Please be back on time.

10

(A brief recess.)

e;j"z ... 11 ioaa=.:.

GOVERNOR BUSBEE: All right, we're going to start

the meeting. The meeting will come to order.

We have been considering Section II of Article IX,

! 14 home rule for counties and municipalities. During the recess !;; :I:
15 0:1 there are certain changes I think that need to be made that
"a:
::l
16 .~.. are very complex, and I think it would be almost impossible to oz
17 g make these changes from the floor without some deliberation.

18

What I would like to suggest is let's defer Section

19 II until after lunch and give us an opportunity meet with the

20 various views there and see if we can't come up with a

21 consensus statement, because I think in principle we're all

22 in agreement, but it's a matter of drafting.

23

Is there any objection to skipping Section II until

24 after lunch and proceeding with Section III?

25

If not, we'll defer.

PAGE 46

Representative Lee.

2

REPRESENTATIVE LEE: I'd like to ask Mel a question.

3 I ought to know, but I don't.

4

Is annexation mentioned anywhere in the constitution?

5

MR. HILL: No. Annexation is a legislative matter

6 strictly.

7

GOVERNOR BUSBEE: All right. If there is no

8 objection, we'll postpone further consideration of Section II 9 until after lunch.

10

Section III.

"z
11 j:
..oti..l..:

MR. HILL: All right. Section III begins on page 6

@);~ labeled Intergovernmental Relations. The committee felt that Article IX should retain a

! 14 broad authorization for intergovernmental contracting and

1;;

-c

z:

15 that intergovernmental consolidation should be facilitated.

CI

til:

;)

16 ~...

Presently any time a city or county wishes to have a

Q

z

17 : consolidation of the city and county there needs to be a local

18 constitutional amendment and a vote of the people. Under

19 Paragraph II -- we'll get to that in a minute -- the committee

20 is recommending that the General Assembly be authorized to

21 provide for all matters necessary to allow a city and county

22 to be consolidated, but a referendum of the communities

23 affected would have to be retained.

24

All right. Now, Paragraph I, Intergovernmental

25 Contracts. This is essentially an editorial revision of

PAGE 47

Section IV of Paragraphs I(a), (b) and (c) of the present

2 constitution.

3

The first -- All right. Paragraph I(a) of the

4 draft expands the authorized subject matter of contracts which 5 may be entered into between governments. It also authorizes 6 the General Assembly to enact general laws relative to the 7 self-executing grant of authority to enter into these inter-

8 governmental contracts, an authorization that's not contained

9 in the present constitution.

10

Paragraph I(b) of the draft proposal authorizes local

11

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...ocjo::

governments

to

convey

property

in

connection with

any

inter-

9 ; 112 ~ governmental contracts. The conditions that are presently imposed on this kind of a conveyance, namely that such

.

! 14 !:;z;: conveyed property shall not be mortgaged or pledged to secure

15 oll obligations of the grantee, and secondly that such property
"co:
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16

~...
oz

must

be

used

for

the

same

purposes

as

before

the

conveyance

17 g were deleted as matters that would be more appropriate to

18 legislation.

19

Now, I would add here also that the staff is making

20 a recommendation that there be a change in SUbparagraph I(b)

21 to include certain matters that were originally dropped by the

22 committee that relate to hospital authorities, and there is a

23 separate memo on that in your packet, but suffice it to say

24 that it's an additional four lines to continue to authorize

25 the hospital authorities the development law that they now

PAGE 48

have in the present article, present section relating to

2 intergovernmental contracts.

3

That concludes the discussion of Section III,

4 Paragraph I.

5

GOVERNOR BUSBEE: Let me ask you now, Mel. You have

6 Paragraph I as you have proposed it, then after you had

7 suggestions from local governments and authorities, they

8 suggested the language which your staff is recommending which

9 is found on page 79 of the handout, and all this does --

10 and I can tell you what it does, it's in the back here, but

11

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joc.o.:.:

it

simply does

this:

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It makes the State eligible for transfer, which

there would be no objection, but it adds language " and

! 14 ... may obligate itself to pay for the cost of acquisition,

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15 q construction, modernization or repairs of necessary buildings

"co:

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16 ~... and facilities of any hospital authority." Is that correct? o-zc

17 :

MR. HILL: Yes.

18

MR. HARRIS: That's correct.

19

GOVERNOR BUSBEE: This is I think more technical

20 than anything else. I don't think there would be any objection

21 to it, so I think we could have a motion to amend Paragraph I

22 as the staff has recommended the conferring of these

23 authorities.

24

A VOICE: So moved.

25

GOVERNOR BUSBEE: All right. The motion is made

PAGE 49

that we amend it.

2

(Motion seconded.)

3

GOVERNOR BUSBEE: It's seconded. Is there objection?

4

If not, it's amended.

5

Now, the motion will be on --

6

A VOICE: So moved.

7

GOVERNOR BUSBEE:

and it's moved that we adopt

8 Paragraph I as amended. There is a second.

9

Any discussion?

10

If not, is there objection? If not, Paragraph I as

amended is adopted.

Paragraph II.

MR. HILL: Paragraph II is a new provision. As I

mentioned, the committee felt that governmental consolidation

should be facilitated if the local communities wished that,

and that the General Assembly should be authorized to provide

by general law for all matters necessary or convenient to

18 allow for local government consolidation and reorganization,

19 and the committee proposal does require that any form of

20 government reorganization be approved by a majority of the

21 qualified voters voting within the county.

22

REPRESENTATIVE TRIPLETT: Question.

23

GOVERNOR BUSBEE: All right. Representative Triplett.

24

REPRESENTATIVE TRIPLETT: Governor, this has

25 qualfied voters in the county. What protection would a small

PAGE 50

municipal government have if they did not want to become

2 part of a consolidated government?

3

GOVERNOR BUSBEE: Will you address that, Staff?

4 Did you hear the question?

5

MR. HILL: Yes.

6

This would be a matter for the general law that set

7 up the authorization for the intergovernmental consolidation.

8 The only requirement the constitution imposes in this proposal

9 is that there be a vote in the county. The General Assembly

10 would be free to provide in the general law for a referendum

in the municipalities in that county if you so chose to do

that.

I suppose that's what you have in mind that there

would be a requirement that the municipal residents have a

vote also. Is that --?

REPRESENTATIVE TRIPLETT: Should not the municipal

governments be allowed to vote themselves to say whether or 18 not they're to be consolidated? You've got more than one

19 government in the county; shouldn't there be some language in

20 there that would protect a small government from being

21 absorbed by the larger government?

22

GOVERNOR BUSBEE: I think what the question is

23 the point is probably well taken -- what you've done in

24 Paragraph II is to authorize consolidation of governments or

25 to consolidate the services, and it provides as many of the

PAGE 51

provisions in this constitution for a referendum, but the

2 question is you have two types of referendums, and what

3 Representative Triplett is saying is this what would be

4 called the single referendum in the entire county.

5

His question is what if you have a county such as

6 I won't call one of your municipalities down there -- that

7 want to combine the services. Would it have to pass in a

8 separate referendum, or would it be a single referendum?

9 That's your question.

10

In other words, right here the way it reads it says

11

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that

--

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@;i GOVERNOR BUSBEE: Doesn't this require any form of governmental reorganization authorized by this paragraph to be

! 14 approved by a majority of the qualified voters voting within

1;;

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15 ~ the county or counties affected thereby as a condition of its

"'";;)
16 .~.. becoming effective .

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17 :

REPRESENTATIVE TRIPLETT: Governor, doesn't

18 reorganization mean consolidation? It refers to consolidation

19 in line 13.

20

MR. HILL: It could be, yes.

21

GOVERNOR BUSBEE: It does refer to consolidation.

22

SENATOR HOLLOWAY: It's a dual referendum. It's the

23 difference between a dual referendum and a single referendum.

24

REPRESENTATIVE TRIPLETT: My question is what would

25 keep the City of Savannah from calling for a referendum or

PAGE 52

consolidation and taking in Garden City without their consent

2 by having a countywide referendum?

3

What protection is there for the City of Garden City?

4

GOVERNOR BUSBEE: This is talking about the

5 consolidation of powers of a municipality and a county. I

6 think on line 16 of page 7 that's where it's referring to the

7 consolidation of municipal functions within a county, not

8 between two municipalities.

9

Rudolph.

10

REPRESENTATIVE JOHNSON: Governor, it refers to

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11

j: ot:

counties.

It appears to me

that there may be

some

room in there

A-

IM

e);~i -- let's say that you had a large county and a small county, and you had a referendum there in those two counties. Of

! 14 !;; course, the large county is certainly going to outvote the

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15 q smaller county, and what kind of situation are we in there?

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16 ~ 1M

GOVERNOR BUSBEE: I think in Paragraph II, if you'll

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17 g start on page 7, line 11, it says the General Assembly shall

18 provide by general law any matters necessary and convenient to

19 authorize the consolidation of the governmental and corporate

20 powers and functions vested in municipalities with the

21 governmental and corporate powers vested in counties in which

22 such municipalities are located.

23

MR. HILL: The provision relating to consolidation

24 of two counties is covered in another section we already went

25 over.

PAGE 53

This relates merely to consolidation of cities and

2 counties in which the cities are located.

3

Now, with regard to the requirement for referendum,

4 the only requirement in this proposal is that there be a vote

5 of the county residents of the county. If there were to be

6 other requirements, they would be added by the general

7 statute that would set up this consolidation procedure.

8

GOVERNOR BUSBEE: Representative Triplett.

9

REPRESENTATIVE TRIPLETT: Let me see if I understand

10 what you're saying.

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Are you saying that the General Assembly would

@}':i provide general law governing consolidation, statutory law? GOVERNOR BUSBEE: Now on this article we're not

14

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talking

about

combining

counties.

All this is in another

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This is merely talking about where municipal services

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17 :: are combined with county services of the county in which the

18 municipality is located.

19

You can then -- the General Assembly would have the

20 authority to set conditions, but as an absolute minimum it's

21 provided in here that you've got to have a referendum at least 22 of the majority of the qualified voters located in that 23 county, and you can further restrict, put further restrictions 24 on that in the legislation, but you have to have that much of

25 a referendum.

PAGE 54

REPRESENTATIVE TRIPLETT: I think we need a

2 referendum for the others, the small municipal governments

3 in order to protect their rights, to protect their charters.

4

GOVERNOR BUSBEE: You can address this by statute,

5 but if you want to do it constitutionally then you would have

6 to provide for a dual referendum instaead of a single

7 referendum as an absolute minimum, and I think your point is

8 taken if you want to do that.

9

REPRESENTATIVE TRIPLETT: A unilateral vote rather

10 than a bilateral vote.

III

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11 ~
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GOVERNOR BUSBEE: Going through it again, you know,

@j);i we have these restrictions on some of the fundamental things, and this constitution throughout gives the legislature a lot

14 ~ of powers, but you restrict yourselves in certain areas to t; :r
15 ~ have a vote of the people, so in this area the minimum III '~"
16 ~... restriction is a single referendum for countywide, but that Czl
17 :: municipalitiy is going to combine some functions with the

18 county, then the governing authorities of that municipality

19 and that county, they agree on combining these services,

20 then even though they made this agreement it would be subject

21 to a referendum countywide.

22

Now, you could by legislation, local legislation

23 restrict that to a dual referendum, but if you're going to

24 have it constitutionally you would have to provide it at this

25 point I think. Isn't that right, Mel?

PAGE 55

MR. HILL: Yes.

2

GOVERNOR BUSBEE: Representative Colwell.

3

REPRESENTATIVE COLWELL: Governor, if you put in the

4 constitution that by a simple majority of the county you mean 5 we can go back with a statute and all and then say we've got

6 to have other items?

7

GOVERNOR BUSBEE: I think by constitution you would

8 have to have this as a minimum. If you're going to have more

9 than that, you would need -- you would have to do it in the

10 constitution itself if you wanted to take that authority from the General Assembly. REPRESENTATIVE COLWELL: How could we go with the

statute law if it's in the constitution that the majority of

the people voting in the county would vote for it, how can we

amend that? GOVERNOR BUSBEE: You may pass local legislation

to that and provide that in addition to the constitutional

18 majority that the entire county had to vote for it, also you

19 could condition that that the city would have to vote for it,

20 and the question is whether you want to leave that to the

21 legislature or whether you want to write it into the

22 constitution.

23

The way you have those municipal functions, it would

24 be voted on and approved by both the city and the county.

25

All right. Representative Triplett.

PAGE 56

REPRESENTATIVE TRIPLETT: Could I ask that we

2 postpone this for further considerabion until we can work on

3 it a little bit?

4

GOVERNOR BUSBEE: Until after lunch?

5

REPRESENTATIVE TRIPLETT: I'll be glad to offer an

6 amendment now.

7

GOVERNOR BUSBEE: All right. Is there objection then

8 that we postpone this until after -- We're going to take a

9 break in about five or ten minutes anyway, so is there any

10 objection to postponing further consideration on this para-

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11 ~ graph until after lunch?

o
~ ~
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If not, we'll postpone it. Go to the next paragraph. It would be special

! 14 districts, Paragraph II.

~
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15 ~

On these things that we have in the lunch hour, we

~ ~

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16 ~ need to go on have those perfected before we reconvene, so I

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17 :< hope you all will work on thaf.

18

Paragraph II.

19

MR. HILL: All right. Section IV -- I think we're

20 at Section IV, Paragraph I, power of taxation.

21

This proposal represents a substantial change. from

22 the present provision where counties are authorized to tax for

23 a list of 14 enumerated purposes. The proposal deletes these

24 enumerated purposes and distinguishes between the exercise of

25 the power of taxation and the expenditure of public funds

PAGE 57

for certain purposes.

2

The proposal has been expanded to include counties,

3 municipalities and combinations thereof.

4

Paragraph I(a) of the proposal authorizes local

5 governments to exercise the power of taxation as authorized

6 by the constitution or by law. The committee wanted to ensure

7 that the authorizations for taxation contained in presently

8 existing municipal charters would be continued.

9

Now, there is another -- there is a recommendation of

10 the Article VII committee on taxation that counties be

1:1

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authorized

to

tax

and

license

businesses

in

the

unincorporated

areas of the counties.

Now, the staff feels that this provision about the

! 14 taxation power of counties in the unincorporated areas for

~

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az

and discuss it in detail

17 :: then with the understanding that if it is approved it would be

18 put back in here, and then explain it further at that time.

19 Since it is a complicated matter, that might be the best

20 procedure.

21

I'll just make a note to that effect that there is

22 an authorization, recommendation of the taxation article

23 committee that would be put back in here if you approve it at

24 a later time.

25

GOVERNOR BUSBEE: All right. Representative

PAGE 58

Pinkston.

2

REPRESENTATIVE PINKSTON: Did you say, Mel, that

3 under this section the limitations that are presently in

4 city charters will continue?

5

MR. HILL: No. This didn't have to do with limita-

6 tions in the city charters; this had to do with the

7 authorization in city charters to tax businesses. Presently

8 cities--

9

REPRESENTATIVE PINKSTON: I'm not talking about

10 that, that we put off until after lunch.

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I'm talking about this Section IV the way it's

written here now. What powers do the municipal governments

have as far as taxation under this new provision? Is there

! 14 t- no limit, or does the present limit in the present charters

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15 .:l continue, or what?

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MR. HILL: Yes, the limitations, the authorizations

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17 : and the limitations in the present charters would continue.

18 Cities would have no self-executing independent power of

19 taxation; they would only have the power of taxation as

20 authorized by this constitution or by law, by general law or

21 by local law in the case of licenses for businesses in the

22 municipal corporate limits.

23

Paragraph I(b) of the proposal authorizes local

24 governments to spend public funds to perform any public service

25 or public function as authorized by the constitution or by

PAGE 59

law, or to perform any other service or functions authorized

2 by the constitution or by general law.

3

Subparagraph I(c) is a continuation of the present

4 limitation that's in Article IX.

5

The primary change here, if you look at the present

6 constitution, you will see a list of 14 purposes for which

7 county tax funds may be spent.

8

MR. SMALLEY: And for which taxes may be levied.

9

MR. HILL: For which taxes may be levied, and this

10 will provide that this will be provided for by law rather than

I!I

11

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in the

constitution

itself,

and extends

this authority to

o..<..I.I..:

@;i it covers both counties and municipalities in this authorization provision.

! 14 I-

Bob, did you have anything you wanted to add?

'x"

15 .:.

MR. SMALLEY: The intent of this is to clear up the

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16 .~.. limitations that have resulted in a good many court decisions
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17 ::; primarily in the earlier years holding that a particular levy

18 in a county had to be for a specific purpose, and what we

19 have undertaken to do with this language is to separate the

20 power to levy taxes from the power to appropriate those funds

21 for public purposes. That's exactly comparable to the way the

22 General Assembly does it. You authorize the collection of a

23 tax without any relation to what it's going to be spent for,

24 and then you authorize the expenditure of pUblic funds for

25 public purposes. That's the entire intent of this.

PAGE 60

GOVERNOR BUSBEE: All right. Any further questions?

2

A VOICE: Move its adoption.

3

GOVERNOR BUSBEE: The motion i p made that Section IV

4 be adopted.

5

(Motion seconded.)

6

GOVERNOR BUSBEE: There is a second. Is there any

7 further discussion?

8

If not, all those

Is there objection to the

9 adoption of section IV?

10

REPRESENTATIVE COLWELL: Objection.

11 ~"z

GOVERNOR BUSBEE: All right, there's an objection.

m..o....

@~! All those in favor of adoption of Section IV as written rise and stand until you're counted.

14 .!. '" :I:
15 Q
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17 ::

(A show of hands.) GOVERNOR BUSBEE: All right. Reverse your position. (A show of hands.) GOVERNOR BUSBEE: All right. The ayes in the House

18 are 15, the nays are onej in the Senate the ayes are 17, the

19 nays are zero -- one, I'm sorry, 17 and one. Section IV is

20 adopted.

21

We're going to take a break for lunch. wait just a

22 minute before we leave. It's imperative that we have kind of

23 an agreement or concensus on substance, but we don't have the

24 wording for it, that this be perfected over the lunch hour,

25 so what I would like to ask if you would, Rudolph if you and

PAGE 61

and Terrell would get together and meet with Bob -- Bob, can

2 you work some during lunch hour

3

MR. SMALLEY: Yes.

4

GOVERNOR BUSBEE:

and with staff and try and

5 perfect that language over the lunch hour, and we will

6 reconvene at one o'clock. Please be on time.

7

Is that sufficient time? We need to move on. All

8 right, at one o'clock.

9

(Whereupon, at 12:05 p.m. a luncheon recess was

10 taken until 1:00 p.m.)

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11 ~

AFTERNOON SESSION

o......

@;i GOVERNOR BUSBEE: All right, we're going to endeavor to get this language drafted, but in order to make a little

! 14 ti time today we'll just continue on. We'll go to Section V at

:I:

15 .:I this time.

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16 .~..

Are you ready to proceed, Robin?

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17 :

MR. HARRIS: Yes, sir. Excuse me.

18

MR. HENRY: Section V is principally an editorial

19 revision of the present section on the incurrence of debt by

20 local governments. The committee attempted to distinguish

21 between the times when debt could be incurred and a referendum

22 required and the times when debt could be incurred without

23 the requirement of a referendum.

24

Section V, Paragraph I, is a restatement of the

25 present constitutional provision which requires a local

PAGE 62

government to have a referendum prior to the incurrence of

2 any type of bonded indebtedness. The two principal conditions

3 on that were retained, that is that the debt not exceed ten

4 percent of the assessed value of all the taxable property

5 within the jurisdiction, and that they not be incurred without

6 the assent of a majority of the voters.

7

In the present constitution there is presently

8 another provision which would allow a local government to

9 incur an additional three percent debt, and the Attorney

10 General has ruled that that provision taken together with the
.."z
11 i= Paragraph I would allow a county to incur up to 13 percent
..o....
@;I of the assessed value of the property in debt, but that other three percent was sUbject to much stricter conditions as to

! 14 I- its incurrence, principally that it would have to be subject

V:zI:

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~

16 .~.. installments within eive years .

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17 l:i

The committee felt that when that three percent

18 additional debt was placed in the constitution it was at a

19 time prior to the rapid rise in property values that has

20 occurred, and that the ten percent limitation is a sufficient

21 amount to allow local governments to conduct their business

22 relative to debt.

23

Paragraph I(b) of the proposal was made after a

24 recommendation from the committee to revise Article VIII that

25 school systems in existence prior to 1877, depending on their

PAGE 63

charter sometimes don't have a ten percent debt limitation,

2 so Subparagraph (b) is intended to grandfather in those systems

3 which have the ability to incur debt in excess of ten percent

4 on the day bef~re the effective date of this constitution.

5

Paragraph II is a new

6

A VOICE: Let's do Paragraph I.

7

REPRESENTATIVE LEE: Approve Paragraph I.

8

GOVERNOR BUSBEE: We need to go on Paragraph I now.

9 Mr. Lee has moved the adoption of Paragraph I.

10

(Motion seconded.)

GOVERNOR BUSBEE: There's a second. Is there any

discussion?

If not, is there any objection? If not, it's adopted

unanimously.

MR. HENRY: Okay. Paragraph II is a new provision,

and I mentioned this when I was telling you about local

constitutional amendments. This has been the subject of many

18 local constitutional amendmendments. This paragraph would

19 allow local governments to incur debt on behalf of a special

20 district in order to provide the facilities for the provision

21 of that service in that district, provided that the debt

22 incurred not be in excess -- well, if a county has outstanding,

23 or if a city has outstanding debt in an amount equal to ten

24 percent under Paragraph I, then they cannot incur debt under

25 Paragraph II for that special district, but only if they were

PAGE 64

still authorized to incur debt could they incur debt on behalf

2 of that special district, but it would still be subject to the

3 debt limitations as to amount provided in Paragraph I.

4

The service of that debt or the payment of that debt

5 would be provided for by an assessment and collection of an

6 annual tax within the special district sufficient in amount to

7 pay the principal and interest of said debt within thirty

8 years from the incurrence, so there is a thirty-year term

9 limitation, there is a ten percent amount limitation, and the

10 debt would be serviced by a tax levied only within that special
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11 j: district.
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@);I The staff has a technical change at the end relating to the sinking fund provisions. After consulting with bond
! 14 ... attorneys we have determined that the last sentence beginning
VI
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16 ~... additional language which would give the local governments Q Z
17 : the ability to go out and redeem that debt if the conditions

18 were favorable.

19

The language would be on page 81.

20

GOVERNOR BUSBEE: The numbers are kind of screwed up.

21 We've got them numbered, but the Xerox didn't go far enough

22 down on the page to pickup all the numbers. 81 is numbered,

23 you can see 81 in your package there.

24

REPRESENTArIVE ADAMS: Could I ask one question?

25 In the Atlanta area and the Fulton County area we passed a

PAGE 65

local constitutional amendment several years ago which allows

2 them each year to sell $4 million worth of G.O. bonds. Would

3 this affect that?

4

MR. HENRY: A local constitutional amendment?

5

REPRESENTATIVE ADAMS: It's a local constitutional

6 amendment which allows Fulton County and Atlanta each to float

7 $4 million per year, and I'm wondering --

8

MR. HENRY: without a referendum?

9

REPRESENTATIVE ADAMS: without a referendum, right.

10

MR. HENRY: This wouldn't cover that.

III Z
11 j:

REPRESENTATIVE ADAMS: It would have no affect on it?

.'"o".-.

~ 12~

MR. HENRY: It would have no affect on it.

~ri! GOVERNOR BUSBEE: I think what you have on this 14 paragraph is it goes on to provide for the referendum, and was

el-n

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15 olI just explained by Mickey, on Paragraph II when any special

III
'";;;) 16 .~.. district incurs debt it would be subject to the limitations

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17 ~ of Paragraph I on the ten percent rule.

18

Now the next question. All right. Billy.

19

REPRESENTATIVE MILFORD: In creating a special tax

I
20 district, how big can you create it? Can you go beyond lines?

21 What's the limitation on how far can you go with a special

22 tax district?

23

GOVERNOR BUSBEE: There's no provision that a tax

24 district can go beyond a county, no, but you presently have

25 districts within a county, special tax districts within a

PAGE 66

county, and the only thing this provides is that where you have

2 those districts they will be subject to the limitations of ten

3 percent as contained in Paragraph I, and then it further

4 provides for the referendum to be held in accordance with

5 Paragraph II.

6

REPRESENTATIVE MILFORD: Where does it limit them to

7 a county? I mean can my next door neighbor set up, take part

8 of my county in a special tax district and by a majority vote

9 impose a tax on all of us?

10 zw
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GOVERNOR BUSBEE: No, absolutely not. SENATOR HOWARD: Mr. Chairman. GOVERNOR BUSBEE: Pierre. SENATOR HOWARD: Where is the term "special tax

! 14 I:zn: district" defined in the law?

15 o:J

MR. HENRY: Okay. If you'll notice the proposal,

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16 ~... that's in Section II which you all haven't considered yet,

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17 : but it

18

SENATOR HOWARD: It might help to look at that in

19 answer to his question and some of the others.

20

MR. HENRY: How special districts are created?

21

SENATOR HOWARD: What is a special tax district

22 according to this proposal. That's in Section II you say?

23

MR. HENRY: Yes.

24

Paragraph II of this section would say that once a

25 special tax district had been created then debt could be

PAGE 67

incurred on behalf of that district. This paragraph does not

2 provide for the creation of that district.

3

MR. HARRIS: The paragraph on the bottom of page 4.

4

GOVERNOR BUSBEE: What about it?

S

MR. HENRY: Okay. Paragraph IV is in large part a

6 restatement of what's presently in there in Amendment 19 with

7 a few additions.

8

GOVERNOR BUSBEE: Paragraph II we're considering now

9 is not disposed of. I thought we had on Paragraph II as we

10 have on page 87 a provision that the staff wanted to add to

that.

MR. HARRIS: They were asking what is a special

district, and a special district is defined earlier in a

paragraph that we skipped over, and in response to the question

of what is a special district and how is it created, that's

set forth earlier in Paragraph V at the bottom of page 4.

That defines what a special district is and how it's created.

18

The section we're on now relates to financing debt

19 for that district if it is in fact created.

20

GOVERNOR BUSBEE: That will be ,covered. We'll go

21 back to that when we complete the article.

22

MR. HENRY: Okay. The staff recommendation is that

23 at the bottom of Paragraph II beginning on line 22 where it

24 begins "The proceeds of the tax collected as provided herein . '

2S would state "The proceeds of the tax collected as provided

PAGE 68

herein shall be placed in a sinking fund which shall be a

2 trust fund to be used exclusively for the purpose of retiring

3 such debt or acquiring or redeeming the obligations representi

4 such debt. Such moneys shall be held and kept separate and

5 apart from all other revenues collected, and may be invested

6 and reinvested as provided by law."

7

SENATOR HOLLOWAY: I move the adoption of the staff

8 amendment.

9

GOVERNOR BUSBEE: The motion is made that the staff

10 amendment be adopted. Is there a second?

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11 ~

(Motion seconded.)

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@);~ GOVERNOR BUSBEE: Any discussion? any discussion?

If not, is there

! 14 ...

If not, is there any objection? If not, the

'~"

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15 011 amendment is unanimously adopted.

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16 ~ 1M

SENATOR HOLLOWAY: Move adoption of the paragraph.

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17 :

SENATOR HOWARD: Seconded.

18

GOVERNOR BUSBEE: The motion is made and seconded tha

19 the paragraph as amended be adopted. Is there any discussion?

20

If not, is there any objection to adopting the

21 paragraph?

22

It's unanimously adopted.

23

Okay, next paragraph.

24

MR. HENRY: Paragraph III is a new provision on

25 refunding of outstanding indebtedness. Presently when you

PAGE 69

want to refund outstanding indebtedness you have to have a

2 referendum. This provision would eliminate the need for a

3 referendum to refund already outstanding indebtedness. The

4 committee felt that since the original bond issue had been

5 approved by a referendum that the refunding of that original

6 bond issue should not be subject to approval in a referendum

7 under certain conditions, those conditions being principally

8 where the total principal and interest payment requirements

9 over the remaining term of the origimal issue would be

10 reduced.

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GOVERNOR BUSBEE: Okay. Is there any -A VOICE: Move its adoption. SENATOR HILL: Let me ask you one question.

! 14

GOVERNOR BUSBEE: Senator Hill.

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15 ~

SENATOR HILL: On line 32, the original amount of

CI Ill:
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16 .~.. any debt, would you finish that sentence for me and give me a

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Z
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17 : little thinking of what you thought on that?

18

MR. HENRY: You're talking about the principal amount

19 of any debt issued in connection with such a refunding may

20 exceed the principal amount being refunded in order to reduce

21 the total principal and interest payment requirements over the

22 remaining term of the original issue?

23

SENATOR HILL: That's right. What I'm saying is you

24 could go back and double it under this, couldn't you, without

25 a referendum?

PAGE 70

MR. HENRY: As long as your total debt service

2 requirements over the remaining term of the bond issue were

3 reduced. In other words, as long as you had a less pay-out,

4 you had to pay less money over the term of the bond you could

5 do it, you could increase the principal amount outstanding,

6 yes, sir.

7

SENATOR HILL: Okay. Thank you.

8

GOVERNOR BUSBEE: Are there any other questions?

9 Mr. Collins?

10

REPRESENTATIVE COLLINS: What you're really telling

..11

"z
;:

us,

if

you've got a

twenty-year bond

sold,

you've

paid on

it

..o....

@);i 18 years and the city fathers or the county commissioners decide they want to renew it, and they renew it at a lesser

14

I
~

figure,

you're

just

saying they can

roll

this much

from

now

':z":

..15 o!) on and the people never get to vote on it again?
";;;)

16 .~..

MR. HENRY: Just for two years .

Qz

17 :

GOVERNOR BUSBEE: You could not extend the term

18 according to this. It says you cannot extend the term.

19

REPRESENTATIVE COLLINS: You can't extend it any

20 longer.

21

MR. HENRY: You couldn't extend the term.

22

MR. SMALLEY: The whole idea is if you get a better

23 interest rate by refunding, you can take advantage of it.

24

GOVERNOR BUSBEE: Senator Holloway.

25

SENATOR HOLLOWAY: As I read this what it does, if

PAGE 71

you've got two years' total payments left on a bond issued

2 for ten years, and those total payments including interest

3 and ammortization on $15 million, you can do anything you want

4 with the rest of those payments as long as you don't spend 5 more than $15 million, but you're going to have to spend it

6 anyway.

7

MR. HARRIS: Actually what this really addresses

8 when you get down to it is you're looking at extremely high

9 interest rates today, in case anybody hadn't noticed, and a

10 governmental authority that issues a $10 million bond issue

today would probably have to pay nine and a half percent

interest or greater, and let's assume they issue it for $10

million for twenty years, and the debt service is a million

dollars a year. Eight years from now, five years from now

they have reduced -- they have made these payments and

interest rates have come down, and what this would authorize

the governing authority to do is to refund that indebtedness 18 by issuing new bonds to payoff the old ones, theoretically

19 then at a substantially lesser interest rate, and so long as 20 the total debt were paid within the original term at no more

21 than the amount that they were authorized to expend in the 22 first place, then the governing authority could take advantage 23 of the lower interest rates by issuing a higher dollar volume 24 of bonds without a referendum.

25

It would not be impacting upon the taxpayer in the

PAGE 72

context that if it did refund the same million dollars a year

2 would have to be applied on the debt, and this simply would

3 permit the governing authority to capture some more capital

4 funds without placing a greater burden on the property owners.

5

GOVERNOR BUSBEE: Mr. Collins.

6

REPRESENTATIVE COLLINS: I work on a different side

7 of the interest table from the gentleman speaking there.

8 Mr. Harris, you know if you've got tax-free bonds at nine and

9 a half, ten percent, and the market goes down and you go trying

10 to recall them you're going to pay a penalty to recall them,

11

"z
i=

so you're

not

going

to

have

any money

left

over.

e ; iI..ol..l..: I want you to get a pencil and a piece of paper and show me where you're going to make any money.

! 14

MR. HARRIS: It would depend on what the provisions

I-

15

M:z:
~

of

the

original

bond

issue

are

as

far

as

redemption

is

"Ill:

16

~
~...

concerned.

Q

Z 17 :;

REPRESENTATIVE COLLINS: If you've got them with a

18 recall provision in there you can get it, but if you don't have

19 it, you wouldn't have no case other than to pay.

20

SPEAKER MURPHY: Marcus, what they're talking about

21 is arbitrage whereby you issue a bond and just put that money

22 up for a lesser, payoff those bonds and the make the money

23 yourself.

24

SENATOR BARNES: You may not even recall the original

25 bonds.

PAGE 73

SPEAKER MURPHY: You know what we did with the state

2 bonds last year.

3

REPRESENTATIVE COLLINS: You paid them off on some

4 low interest bonds because interest was up, but if it reverses

5 you're not going to find that amount of bonds available that

6 you could payoff earlier at a lower rate.

7

SENATOR BARNES: You don't have to recall them,

8 though.

9

SPEAKER MURPHY: You don't recall them, though; you

10 don't have to recall them.

SENATOR BARNES: You just issue the second issue, and

it pays them as they come due, just let them mature and it

pays them off, but you've borrowed the money and arbitraged

the lower money against the higher interest.

GOVERNOR BUSBEE: As the speaker was saying, if you

read the balance of that it goes on to say that you can't

exceed the term; your interest rate can't exceed the interest

18 rate, and if you put up any of these refunding bonds, it goes

19 on to say the proceeds of the refunding issue shall be used

20 solely to retire the original debt. That's what the speaker 21 was referring to.

22

Any other question on it?

23

SENATOR HOLLOWAY: I move the adoption.

24

SENATOR BARNES: Second.

25

GOVERNOR BUSBEE: The motion is made and seconded.

PAGE 74

Is there any further discussion on this?

2

If not, is there objection to the adoption of

3 Paragraph III? If not, Paragraph III is unanimously adopted.

4

Paragraph IV.

5

MR. HENRY: Pagagraph IV is a substantial editorial

6 revision of the present constitution. In instances where the

7 government, where the local goverment can incur debt without

8 the need for a referendum.

9

The committee decided that the conditions that were

10 placed in the present constitution on the incurrence of that

11

"z
;::
'f."..

type

of

debt was

more

appropriately a

statutory matter,

and

@j;i decided to just authorize it and to authorize the General Assembly to set the conditions and limitations on the

! 14 incurrence of that type of debt.

1:z;:;

15 .:

Principally when a local 'government can incur debt

"'";;;)

16 ~... without the need for a referendum is to -- they can incur debt

Qz

17 : not to exceed one-fifth of one percent of the assessed value

18 of the taxable property to supply casual deficiencies in

19 revenue; they can participate in certain types of federal

20 government loan programs, community disaster re]ated programs

21 and such as that; they can incur debt in order to pay in order

22 to pay in whole or part the cost of property evaluation and

23 equalization programs; and they can incur debt by obtaining

24 a temporary loan in any calendar year -- they can incur debt

25 for temporary loans, provided that the aggregate amount of

PAGE 75

all such loans outstanding shall not be in excess of the total

~ anticipated revenue for that year, and that there is no loan

3 outstanding which was made in any prior year, so this is what

4 is in the present constitution.

5

Now, the constitutional language provides additional

6 conditions and limitations. Okay. It has to do with obtaining

7 temporary loans. At present there are two definitions of the

8 amount that can be obtained by that method; it shall not exceed!

9 75 percent of the total gross income of such county, munici-

10 pality, political subdivision or county board of education from

"z

11

j:
.'lo".L.

taxes

collected by

such

county,

municipality or political

@ ; j subdivision or board of education in the last, preceding year, and then if you go on down it says no such county, municipality

! 14 !;; or subdivision or county board of education shall incur in any -c :r
15 .:l one calendar year an aggregate of such temporary loans or
"'";;;)
16 ~... other contracts or obligations for the current expenses in Q
-Zc
17 ::; excess of the total anticipated revenue of such county,

18 municipality or subdivision for such calendar year, so one of

19 them is as to 75 percent of the total gross income of the

20 previous year, and one of them is for the total anticipated

21 revenue for that year, and I believe the Attorney General

22 has ruled that those are mutually exclusive, you can opt for 23 whichever amount you want to, so that there are not two 24 conditions on the obtaining of these loans, rather you can opt 25 for either amount, whichever suits your needs.

PAGE 76

MR. SMALLEY: This was intended to be a slight

2 relaxation of the current debt limitations, but the committee

3 felt that these limitations as expressed in this draft were

4 adequate to ensure the fiscal responsibility of the local

5 governments.

6

GOVERNOR BUSBEE: Is there any discussion on the

7 paragraph?

8

MR. HENRY: There's a staff recommendation on this

9 as well, because at the present, in the present constitution

10 it appears to be a self-executing grant of authority to the

"z

@);;11

~
Io..l..l..:

local

governments

to

incur

these

types

of

debt

without

the

need for a referendum. The committee intended that all the

conditions and limitations be able to be placed on the

! 14 l- incurrence of this type of debt by the General Assembly by UI z<C:
" 15 ~ law, and it is not real clear, so the staff suggests that it Ill: ;)
16 ~... read, Paragraph IV read "Notwithstanding the debt limitations zQ

17 : provided in Paragraph I above, and without the necessity for

18 a referendum being held therefor, the governing authority of

19 any county, municipality or any political subdivision of this

20 state may, subject to conditions and limitations as provided

21 by general law ... ", and then a --

22

SPEAKER MURPHY: He's missing the point altogether.

23 The point is --

24

A VOICE: Can't hear you.

25

GOVERNOR BUSBEE: Mr. Speaker.

PAGE 77

SPEAKER MURPHY: The point is temporary loans are

2 what most counties are operating on, my county operates under,

3 and it has now for twenty-some years. What this second

4 limitation says is that you can't issue 75 percent as a

5 temporary loan and then issue warrants for the rest of it is

6 what it says when you've got 75 percent. You can issue the

7 75 percent temporary loan, but you can issue warrants which

8 don't have to be paid that year, but the 75 percent has to be

9 paid that year before you can borrow any money for the next

10 year. That's the point altogether.

z~

11 o~

You can issue your 75 percent, you can borrow 75

@;I~ ~ percent and pay cash for it. Then when you do that you've got
to issue warrants that you pay the legal rate of interest on,

! 14 ~ then you can do that, but then that 75 percent loan has got to

~

~

%

15 ~ be paid before the first of the year before you can borrow

~

~

16

~
~

any money

for

the next

year,

and

that's

a

drastic

change

in

the

Q

Z

~

17 : law there.

18

SENATOR BARNES: Don't they allow you to borrow a

19 hundred percent of what you anticipate?

20

SPEAKER MURPHY: Temporary loans, you can borrow 75

21 percent of anticipated tax revenues. You can issue warrants 22 like the old folks -- when you and I first started back you 23 could issue warrants which draw interest, but then that 24 temporary loan has got to be paid before the first of the year 25 before you can borrow any money for the next year. That's the

PAGE 78

reason for the 75 percent limitation on it, Senator.

2

We need to keep that in there. We're fixing to mess

3 up every county government in Georgia.

4

MR. SMALLEY: It's a value judgement whether you think

5 this limitation is too broad or not. The committee felt that

6 this was adequate to ensure the fiscal integrity of county

7 governments.

8

MR. HARRIS: A hundred percent.

9

MR. SMALLEY: Yes, as we've recommended.

10

SPEAKER MURPHY: Well, what happens -- let me give

11

"z
o..jo..r:..: you

a

what-for.

What happens if you let them borrow the

@;I hundred percent of it of what they anticipate, then they ain't got no money to pay the interest with. If they can't

! 14 ... pay the note, then they can't borrow no money to operate next ':~z": 15 ~ year. That's the reason for the 75 percent limitation
"or:
::I
16 ~... because the warrants can carryover, and you can go back to Q Z ~
17 :: the temporary loans to run your county with the next year.

18

The reason I know about that, we in Haralson County

19 have been in that shape a few times, but that's the reason for

20 the 75 percent limitation.

21

The banks ain't going to loan you no money on it

22 unless you've got a limitation on it, because that's the only

23 way they know they'll get their money and their interest back.

24

SENATOR BARNES: In other words, you're saying

25 of course I didn't know that -- that some counties would have

PAGE 79

borrow more than a hundred percent of their anticipated

2 revenue? In other words, they're borrowing 75 percent plus

3 more than 25 percent in warrants?

4

SPEAKER MURPHY: That's right.

5

SENATOR BARNES: In other words

Boy, I didn't

6 know that.

7

SENATOR HOWARD: The interest has to come from

8 somewhere.

9

SPEAKER MURPHY: There's a vast difference in the

10 interest rate, too. Warrants draw interest at the legal rate

CzI

11

...oj:
Do.

of

interest,

which

is

12.

@;i MR. HENRY: There was also a change in this which in the current thing it says if you borrow, if you have to pay it

! 14 I..-. off by the end of that -- by December 31st of that calendar :-zc:
15 01) year. The committee proposed that it has to be paid off, or
CI
::>
16 .~.. shall be payable on or before one year from the date on which
o-zc
17 :Ii incurred.

18

SENATOR BARNES: So it puts you over to the next

19 taxable year, or could put you over.

20

MR. HENRY: It could.

21

GOVERNOR BUSBEE: If you don't mind, I think we've

22 got into a position right there that it would be a drastic

23 change. If you have a change of county government you need

24 this protection, and if there's no objection we have already

25 gotten the staff together with -- we would like to make a

PAGE 80

proposal in the morning and put this safeguard back in, and

2 if there is no objection I would like to postpone this until

3 tomorrow.

4

Is there any objection to postponing this until

5 tomorrow? If not, it's postponed.

6

Go to the next paragraph.

7

MR. HENRY: Okay. Paragraph V is principally an

8 editorial revision of what is in the present constitution

9 as to the levy of taxes to pay the bonds and require that those

10 tax revenues be placed in a sinking fund. This is for your

11 ;"z: general obligation bonds that were incurred under Paragraph I
...ollI:
"-

12 ~ principally.

@rl

Again, the staff has a recommendation to make it

! 14 ...... conform to the other sinking fund language which I proposed IE:

15 ~ earlier about the other special district debt.

"llI:
~

16 .~..

SENATOR HOLLOWAY: I would move the adoption of that

oz

17 : language, the staff language.

18

A VOICE: Seconded.

19

GOVERNOR BUSBEE: The motion is on the adoption of

20 the staff language on the sinking fund. Is there objection to

21 that? 22

SENATOR HOLLOWAY: It's the same as it was while ago

23 we put on the other one.

24

GOVERNOR BUSBEE: Right. You moved, Senator, and

25 and it is seconded.

PAGE 81

Is there objection to the amendment? If not, the 2 amendment is adopted.

3

Now the question is on the paragraph as amended.

4

A VOICE: Move the adoption.

s

(Motion seconded.)

6

GOVERNOR BUSBEE: It's moved and seconded. Is there

7 any objection? If not, the paragraph as amended is adopted.

8

Next paragraph.

9

MR. HENRY: Okay. Paragraph VI is principally a

10 fail-safe paragraph to ensure that all bonds validated and

issued prior to the effective date of the constitution shall

continue to be valid.

A VOICE: Move the adoption.

(Motion seconded.)

GOVERNOR BUSBEE: Moved and seconded. Is there

discussion? If not, is there objection?

Hearing none, it's unanimously adopted.

18

All right. Section VI, Paragraph I.

19

MR. HENRY: Okay. This Section VI, Paragraph I,

20 the'whole section is principally an editorial revision of the

21 present section.

22

The committee felt that the terms Revenue Obligations

23 Revenue Anticipation Obligations, and Revenue Certificate Laws

24 as used in the present constitution were antiquated, and

2S decided to use the term Revenue Bonds throughout the section.

PAG~ 82

Currently the law is titled Revenue Bond Law.

2

Furthermore the committee acknowledged the fact that

3 some revenue bonds could be issued without the need for a

4 referendum, while the issuance of other types of revenue bonds

5 could occur only after referendum, and the committee decided

6 to distinguish these two into different paragraphs.

7

Paragraph I is a subtantial change from the present

8 constitution in that the present constitution provides that a

9 county, municipality or other political subdivision may issue

10 revenue bonds for purposes as stated in the Revenue Bond Law
11 ~"z of 1937 as amended through 1939, and of course this law has
2
12 ~ been amended right up until present, but as far as local
~-, ~.. governments issuing revenue bonds for any purposes that were

14 ~ added after 1939 it would be of questionable constitutional
V-xcI
15 ~ validity; therefore, the committee decided to incorporate
"'":;)
16 ~ the entire law by saying may issue revenue bonds as provided
zQ-c
17 lli by general law.

18

Also the committee added public authority into this

19 paragraph as to what types of entities could issue revenue

20 bonds subject to general law. They restated the present

21 provisions as to the debt represented by revenue bonds shall

22 be repayable only out of the revenue derived from the project

23 and shall not be deemed to be a debt of the issuing political

24 SUbdivision, and that no political subdivision may exercise

25 the power of taxation for the purpose of paying any part of

PAGE 83

the principal and interest of such revenue bonds.

2

GOVERNOR BUSBEE: Does that complete the paragraph?

3

MR. HENRY: Yes.

4

GOVERNOR BUSBEE: All right. Is there a motion on

5 the paragraph?

6

A VOICE: Moved.

7

(Motion seconded.)

8

GOVERNOR BUSBEE: Moved and seconded. Is there any

9 discussion?

10

Senator Reynolds.

SENATOR REYNOLDS: A question on that. Under this

could a county, would they have any authority to set up an

authority, make a contract or a lease with the authority to

be paid out of county funds, and then the authority build a

court house or whatever it might be through an agreement with

the authority? Am I making myself clear?

MR. HENRY: Okay. If you had a public authority

18 here in your political subdivision that was created by local

19 law or by general law that was authorized to build a court

20 house and authorized to issue revenue bonds, then they could

21 do that and the county, not under this provision but under

22 the intergovernmental contracting provisions could enter into

23 a contract with that authority to make lease payments to it

24 which would be equal to the debt service required on that

25 authority's revenue bonds, which is the setup that you have

PAGE 84

in a lot of -- that's been used frequently, extensively.

2 Does that answer your question?

3

SENATOR REYNOLDS: Yes.

4

GOVERNOR BUSBEE: Any further discussion? If not,

5 is there objection to the adoption of the paragraph?

6

Hearing none, it's unanimously adopted.

7

Next paragraph.

8

MR. HENRY: Okay. Paragraph II is a restatement of

9 the present limitation on the issuance of revenue bonds where

10 there is a referendum required, and that is where you issue

l:I Z
11 j: revenue bonds in order to buy or construct, operate and
2.'"..
@;i maintain gas or electric generating and distribution systems. Where those revenue bonds are issued for this purpose you

s! 14 would have to have a referendum.

:z:

15 olI

The other limitation that is contained in the

l:I

'";:)

.16 ~... present constitution that is presently in the proposal is

zQ

17 ~ that if you finance the gas or electric generating or

18 distribution system with these revenue bonds and you extend

19 that system beyond the limits of the county in which the

20 municipality or political subdivision is located, then the

21 services rendered and property located outside that county

22 shall be sUbject to taxation and regulation in the same manner

23 as privately owned utilities.

24

GOVERNOR BUSBEE: Is there a motion on it?

25

SENATOR HOLLOWAY: Mr. Chairman, let me ask a

PAGE 85

question.

2

Does it require a referendum for a city who owns

3 their own gas and electric distribution to issue revenue bonds?

4

MR. HENRY: No.

5

SENATOR BARNES: No, just to create.

6

GOVERNOR BUSBEE: Any other questions?

7

Is there a motion on the adoption?

8

SENATOR BARNES: wait just a minute.

9

REPRESENTATIVE LEE: I want to ask a question.

10

MR. HENRY: You could finance that system by means

111

Z

11

j:
'o.."....

other

than

revenue

bonds.

This doesn't require you to issue

@;I revenue bonds to set up one of those systems. SENATOR BARNES: I don't know about that.

It says

!.14 to extend it or operate it .

':<z"C:

15 ~

MR. HENRY: But it says may issue revenue bonds.

111
'";:) 16 .~.. If they issue revenue bonds to build the system or extend the

Qz

17 : system or maintain or operate the system, then they have to

18 have a referendum.

19

SENATOR BARNES: That's what we're talking about.

20

SENATOR HOLLOWAY: That's what I asked you, and you

21 said no.

22

MR. HENRY: I thought you asked whether they had to

23 issue revenue bonds for this purpose.

24

SENATOR BARNES: No. What we're saying is that if

25 a municipality wanted to extend, build a new electric line

PAGE 86

of an already existing system they would have to have an

2 election to issue revenue bonds.

3

MR. HENRY: Right. That's in the present

4 constitution as well.

5

SENATOR BARNES: Why? Why do we need that? I know

6 why it's in the present constitution, it's to protect Georgia

7 Power and the gas companies because they want to make sure

8 your cities don't go into electric and gas systems unless

9 they have to have a referendum vote. Why should we have that?

10 I mean why differentiate that?

I:J

Z

II j:
a:

GOVERNOR BUSBEE: Why should you have to have a

.f..

~;~ referendum in order for them to get into the gas business? SENATOR BARNES: To extend an already existing one.

! 14 to It's a revenue bond, why should they
~

The government is

15 ob not liable for it. That's the whole theory of a revenue bond

Ia:J:

~

16 ~... not having a referendum is because the government does not

Qz

17 : have any direct liability. If it's a revenue bond for an

18 electric or gas system they don't have a direct liability

19 either, so why should they have to have a referendum on that?

20

A VOICE: Just strike Paragraph II altogether.

21

SPEAKER MURPHY: As a matter of fact, all those thing;

22 are financed by FHA loans now, everyone of them. There are

D no bonds issued.

24

SENATOR BARNES: And you just sell the bonds to the

25 FHA, the Farrner s Home.

PAGE 87

GOVERNOR BUSBEE: Mr. Barnes, you're suggesting we

2 strike that language?

3

SENATOR BARNES: I suggest that we strike Paragraph

4 II in its entirety and let it be dealt with as other revenue

5 bonds.

6

SENATOR HOWARD: Just strike Paragraph II.

7

SENATOR BARNES: I move Paragraph II be struck.

8

SENATOR HOWARD: Seconded.

9

GOVERNOR BUSBEE: The motion 1S made that it be

10 stricken.

11

"z
i=

o..'"....

One thing in all fairness, that provision on the

@;~

last page, except permit the taxation of those lines that go into contiguous counties, I think that's equitable.

! 14 ti

SENATOR BARNES: I agree with that. In other words,

:~z:

15 .:l if they go into more than one county they ought to be

"'";:)

16 .~.. regulated

Q

Z

~

17 :;

GOVERNOR BUSBEE: Restate your motion.

18

SENATOR BARNES: I move that Paragraph II be struck

19 starting on page 11, beginning line 26 through page 12

20 let's see -- strike lines 26 through 33 on page 11, and then

21 allow to remain in the sentence "~lhere such revenue bonds 22 are issued for this purpose " Well, we'll have to rewrite 23 that, "Where such revenue bonds are issued for gas or electric 24 generating or distribution systems extend beyond the limits 25 of the county," then the services rendered and so forth should

PAGE 88

be regulated.

2

Have you got that language? In other words, leave

3 in

4

GOVERNOR BUSBEE: Let's see if I state your motion

5 correctly, to strike all of Paragraph II beginning on line 26,

6 page 11 down to line 33 after the words "incurring the debt,"

7 and then on the last sentence "Where such revenue bonds are

8 issued for gas or electric operating . " Is that what you're

9 saying?

10

SENATOR BARNES: You don't have to have the word

"such," "Where revenue bonds are issued for .. " and then

strike "this purpose" and "the" -- "Where such revenue bonds

are issued for gas or electric generating or distribution

systems extending beyond . "

GOVERNOR BUSBEE: The remainder of Paragraph II

would remain. That's the motion. Is there a second?

SENATOR HOWARD: Seconded.

18

GOVERNOR BUSBEE: All right. Mr. Collins, you have

19 a question?

20

REPRESENTATIVE COLLINS: I've got a question.

21 Since this committee has decided a utility belonging to a

22 county or a city going across county lines that they should

23 pay taxes, I wonder what would they consider when a utility

24 is owned by a city anq it goes out in the county. Would they

25 want to treat it like they do the REA and let it pay when it

PAGE 89

leaves its boundaries?

2

SENATOR HOLLOWAY: Yeah, if you'll let us set a

3 special rate for a county.

4

REPRESENTATIVE COLLINS: You don't set up no special

5 rate for REA, they pay the tax on those lines that's out there.

6 I know it would be good for Albany, because you've got them

7 running allover the county.

8

SENATOR HOL~OWAY: What's good for Albany is good

9 for southwest Georgia.

10

GOVERNOR BUSBEE: We have a motion and a second.

11

"z
j:
."o..."..

We'll

take

it

from

there.

@;j

Representative Burruss. REPRESENTATIVE BURRUSS:

Mr. Chairman, if we strike

14 .~:.zI.:
15 ~
""";;;)
16 .~.. cz 17 ::

that whole paragraph other than the sentence, would the authority still be there to issue revenue bonds for the purpose of building gas and electric generating
SENATOR BARNES: Yeah, we're going to set that by

18 general statute under Paragraph I.

19

Let me answer that. As I understand it, the way the

20 constitution is now you only have limited purposes for which

21 revenue bonds can be issued, and that's in the '37 Act as

22 amended by the '39 Act.

23

This proposed constitutional provision takes out all

24 those limitations and says you can issue revenue bonds for

25 whatever purpose the General Assembly says they can be issued

PAGE 90

for, so we don't have to worry about putting a specific gas

2 and electric purpose into the constitution because the

3 general statute would allow the issuance of revenue bonds, or

4 should allow for gas and electric systems.

5

GOVERNOR BUSBEE: So what is your motion?

6

SENATOR BARNES: I have made my motion. I move to

7 strike II as I have explained.

8

GOVERNOR BUSBEE: All right. The motion then is

9

SPEAKER MURPHY: wait just a minute.

10

GOVERNOR BUSBEE: Go ahead.

e"

Z

11 ;:

SPEAKER MURPHY: Could I borrow your microphone?

~ ..o....

~;I If you strike that language, Senator Barnes, that you're talking about there, and your City of Marietta has got

! 14 an electric system or a gas system, and they want to extend
:Mz:
15 .:J out in the county and take on the rest of the county, then e" ~ ;;;)
16 ~... the governing authority can do that without the consent of Qz

17 : the governed, put the extra cost on them, and I ain't sure

18 you want to do that without letting them folks vote on whether

19 they want to undertake that situation. You're going into

20 millions and fuillions of dollars expenditure without letting

21 the people have any voice in it, and I think that's wrong.

22

SENATOR BARNES: It's no different than they issue

23 water bonds or sewer bonds, they don't have to have an

~ election on that.

25

SPEAKER MURPHY: They do on bonds. They don't on

PAGE 91

revenue certificates.

2

SENATOR BARNES: Well, revenue certificates.

3

SPEAKER MURPHY: They do on bonds, but not revenue

4 certificates, but the way they justify that is when they go

5 out in the county they increase the rate on the revenue

6 certificates for those folks out in the county who are not

7 paying the city taxes. They go up to say $3 a ~housand in

8 the city, it's $5 a thousand out in the county. There's the

9 difference there.

10

SENATOR BARNES: Well, I don't see the difference.

11

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If

a

county wants

to

extend

a

water

system

they

can

issue

revenue anticipation certificates, or as we're going to call

@;i them bonds, and pay for them without a vote. Whether it's

~ 14!... all in the county or all in the city, I mean still they're

':"z:

15 ol) incurring a lot of debt and the users are going to have to

"~ '"
16 ~... pay for it.

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17 :

SPEAKER MURPHY: What you're doing is you're adding

18 the debt to the present users of the system to expand it to

19 somebody else without giving them any say-so of whether or not

20 they want to take on that added debt and take a chance of their

21 rates being increased.

22

SENATOR BARNES: So you would in water and sewer

23 systems. Why set aside a special rule for electric and gas

24 systems?

25

SPEAKER MURPHY: The simple reason is that these

PAGE 92

electric and gas systems are variations of common rules as

2 we have now, as you well know, and this is altogether -- this

3 is a new thing you're corning up with now altogether different

4 from what the law has been from the beginning of time.

5

SENATOR BARNES: I don't see -- I mean I can see

6 your argument, but you have the same thing when you increase

7 the water or sewer, and even though that has been an historic

8 public purpose, I mean electric and gas in a modern world are

9 about as public as you can get too.

10

GOVERNOR BUSBEE: All right. Unless there is another

l:I

11

Z j:

motion,

the motion

is

that we

strike lines

26

--

Q;;o..'."...

A VOICE: Can I ask one other question? GOVERNOR BUSBEE: Let me state it, then you can.

g

14 I

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-- to the words "incurring debt" on lin~ 33, then

15 olI you strike the words on 34 "this purpose" and "the," so that

l:I

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16 .~.. on that page 11 it would read "Where such revenue bonds are

D

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17 :: issued for gas and electric generating or .. "

18

SENATOR HOLLOWAY: And the word "such" on 33.

19

SENATOR BARNES: Yes, strike "such."

20

GOVERNOR BUSBEE: What page?

21

SENATOR HOLLOWAY: Line 33, page 11, "Where revenue

22 bonds," not "such revenue bonds."

23

GOVERNOR BUSBEE: strike the word "such" from line 33

24

Mr. Speaker, did you have a question?

25

SPEAKER MURPHY: Already under this BEAG law that

PAGE 93

you all passed if the City of Marietta wanted to extend its

2 system across its city line into Georgia Power and REA which

3 I assume you have, they've got to have the Public Service

4 Commission approve it already.

5

SENATOR BARNES: Yeah, but did not -- I don't know,

6 I would have to go back and look, but I thought the way they

7 got around, that was that as a condition to joining VEAG you

8 had to voluntarily submit to the Public Service Commission

9 regulations.

10

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SENATOR HOLLOWAY: You've got districts set up, Mr. Speaker, for electricity.
SPEAKER MURPHY: What you're doing here, Senator, is you're increasing the debt of the users of the city system for somebody else without giving them any input into it. That's what you're doing.
SENATOR BARNES: I don't disagree with that . SENATOR HOWARD: You're making it the same for all

18 of us. You're making it the same though for all services.

19 A lot of cities run water out into the county, and they

20 increase that debt all the time without a vote when they

21 extend lines further into the county.

22

GOVERNOR BUSBEE: You would just be making electrici y

23 the same as water and sewer.

24

SENATOR BARNES: That's right.

25

GOVERNOR BUSBEE: Senator Reynolds, did you have a

PAGE 94

question?

2

SENATOR REYNOLDS: Do not the Commissioners decide

3 today as to who will get a particular load? If an industry

4 comes in outside of the city, do not the Commissioners assign

5 who gets it today?

6

GOVERNOR BUSBEE: Not to my knowledge, no.

7

We need to proceed one way or the other. We have a

8 motion and a second.

9

All right. All those in favor of the adoption of thE

10
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motion rise and stand until you're counted. (A show of hands.) A VOICE: What was the motion, Governor? GOVERNOR BUSBEE: The motion is that on Paragraph II
that lines 26 through the words on line 33 "incurring debt" be stricken, that the word "such" on 33 be stricken, and that on 34 the words "this purpose" and "the" be stricken, so it would read "Where revenue bonds are issued for gas or electric

18 generating or ... ", and then everything remain on page 12.

19

All right. Now, with that, all in favor of the

20 adoption of this paragraph rise and stand until you'~counted.

21

(A show of hands.)

22

GOVERNOR BUSBEE: Reverse your positions.

23

(A show of hands.)

24

GOVERNOR BUSBEE: All right. On the passage of the

25 motion the ayes in the House are zero, the nays are 14:

PAGE 95

in the Senate the ayes are 11, the nays are 2. A conference

2 committee will be appointed by the speaker and lieutenant

3 governor.

4

Paragraph III.

5

MR. HENRY: Okay. Paragraph III is a restatement of

6 the present provisions on development authorities. This came

7 in in 1968 to allow the General Assembly to set up a general

8 law for the creation of development authorities throughout

9 the state, and it's a restatement of what is presently in

10
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the constitution. However, the staff has one recommendation on it inthatthe last sentence of the provision says the General Assembly may exempt --
I'm sorry, let's start on line 17 " . may authorize issuance of revenue bonds by such authorities which shall not constitute an indebtedness of the state within the meaning of Section V of this article."
Now, if you look at Section V you'll see that that's

18

a provision on local debt, and it says " . shall not

19 constitute an indebtedness of the state within the meaning

20 of ... " the section on local debt, so there is some confusion

21

there, it's confusing in the present constitution, and we

22

recommend it be cleared up and state " ... which shall not

23

constitute an indebtedness of the state or any county,

24

municipal corporation or political subdivision thereof."

25

GOVERNOR BUSBEE: Is there a motion on this paragrap1?

PAGE 96

SENATOR HOLLOWAY: Moved.

2

(Motion seconded.)

3

GOVERNOR BUSBEE: It's moved and seconded. All

4 right. Is there any further discussion of Paragraph III?

5

Senator Ballard.

6

SENATOR BALLARD: Is it not true that a county or a

7 city can agree to carry the debt, to guarantee the debt on

8 development authorities? Now, does this knock us out of that?

9

They can now, a county or a city can do that and

10
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gives your bonding a little better bonding price, you get a little better interest if you do come in and let your county and your city guarantee it.
If someone knows we're all right with that, then I have no fuss.
MR. HENRY: They don't assume the debt actually. What they do is enter into a lease agreement with the authority and the lease payments equal the debt service

18 payments on the revenue bonds of the authority.

19

SENATOR BALLARD: My understanding was that they go

20 in and guarantee the indebtedness itself.

21

SPEAKER MURPHY: You would be violating the

22 constitution. What they're saying is the constitution has a

~J prohibition against that now as a gratuity.

24

GOVERNOR BUSBEE: Mr. Smalley.

25

MR. SMALLEY: Governor, there was a statute that

PAGE 97

was enacted last year or the year before that authorizes

2 two separate statutes

one authorizes cities to levy a

3 one-mill tax for development authority purposes, and the

4 other authorizes counties to do so, and I know of at least

5 some instances where that's been construed as authorizing not

6 a direct grant but a guaranty, and it's been approved by bond

7 counsel, so I think Senator Ballard raises a question that we

8 had not previously considered.

9

GOVERNOR BUSBEE: What you're talking about is on

10
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the one percent? SENATOR BALLARD: Yes, and they guarantee it, and by
doing this they're getting much lower interest rates than they do now. All I'm saying is let's just don't cut out what we can do now.
MR. HENRY: Is that under the hospital -- are you speaking of a hospital authority, the one percent?
SENATOR BALLARD: I'm speaking of he development

18

authority.

19

MR. HENRY: This is the present provision in the

20

constitution, and if they're doing it now

21

SENATOR BALLARD: What you have just said that you

22

wanted to add was adding city and county, municipal and

23

county.

24

MR. HENRY: No, this is the present provision in

25

the constitution. We're not adding anything.

PAGE 98

SENATOR BALLARD: I thought you said you were going

2 to add that to it.

3

MR. HENRY: The staff rewrite is basically what we

4 felt like would clear it up, because the present constitution

5 says shall not constitute indebtedness of the state within

6 the meaning of, and the citation is to the local government

7 debt provision.

8

GOVERNOR BUSBEE: Mr. Smalley.

9

MR. SMALLEY: I respectfully suggest that the staff

10
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is misinterpreting the import of the present language and that they have in fact made a change that would be detrimental.
The current language which refers to Section (d) of this article is intended merely to say that in addition to the debt permitted in Section V you can incur this debt, you see; whereas, the way they've changed it it would make it not a debt.

18

GOVERNOR BUSBEE: There's been no move to adopt the

19 staff's proposal which would be a change. Paragraph III is

20 a restatement of the existing constitution, isn't it, Mr.

21

Smalley?

22

MR. SMALLEY: In my opinion.

23

GOVERNOR BUSBEE: That's what you want, so you

24

move --

25

SENATOR BALLARD: I so move.

PAGE 99

GOVERNOR BUSBEE: It's moved. Is there a second?

2

I've got a motion. Is there a second to the --

3 You don't have a second.

4

We have no motion on the floor. Discussion, Mr.

5 Pinkston.

6

REPRESENTATIVE PINKSTON: What I'm confused about is

7

if you do not accept the staff recommendation that these

8 development authority bond debts and so forth would become, 9 or will they become a direct obligation of your counties and

10
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municipalities by not putting any limitation on it? You're saying it's not a debt of the state, but do
you want it to be a debt of your local government? I don't. GOVERNOR BUSBEE: What is your proposal? There is
no motion on the floor. SENATOR BALLARD: Mr. Chairman, my position is if
you leave it just like it is, and that's what I understood if we did not take the staff's recommendation we would leave

18 it just like it is now in the constitution, and that's what

19 my motion was, was to leave it just like it is presently in

20 the constitution.

21

REPRESENTATIVE PINKSTON: If the present

22 constitution says it is a debt of local governments, no, I

23 don't want it. I want it changed.

24

SPEAKER MURPHY: It's not a debt of local government

25

REPRESENTATIVE PINKSTON: I agree with Mr. Smalley

PAGE 100

that there is some statute somewhere that provides, and

2 Senator Ballard also, that there's some provision that in

3 effect local governments can levy a tax, one mill tax for

4 the operation of development authorities.

5

SPEAKER MURPHY: We've got that in my city. That's

6 for the operation of it.

7

REPRESENTATIVE PINKSTON: I'm talking about under

8 certain conditions if there's a default. I've seen them in

9 the bonds themselves that gives the county or the municipal

10
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government the right to levy a tax to pay for the bonds in case of default.
GOVERNOR BUSBEE: I can't answer you. I've never seen it, and the speaker says he's never seen it. I've just never seen it, but I think what you have in Paragraph III is the present constitution, and if you want to make a change it's here, or if you want to make a change, but we need a motion one way or the other.

18

SENATOR BALLARD: You have a motion to leave it as

19 it is if we get.a second.

20

GOVERNOR BUSBEE: I didn't get a second. Is there a

21 second to Senator Ballard's motion?

22

All right. Senator Gillis seconded it.

23

Now then we have a motion and a second. Now we have

24 discussion on the motion to leave it like it is in Paragraph

25 III.

PAGE 101

REPRESENTATIVE PINKSTON: What does that do so far

2 as putting it in local debt?

3

GOVERNOR BUSBEE: It leaves it like it is today.

4

REPRESENTATIVE PINKSON: I know that, but what does

5 that mean?

6

SPEAKER MURPHY: It is a debt of the development

7 authority guaranteed by the assets of the authority. They

8 could come over and come in and take over your authority and

9 operate it to pay the debt, but it is not a debt of the

10
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municipality or county. GOVERNOR BUSBEE: You've heard the motion and the
second. Is there any further discussion? If not, is there objection to the adoption of
Paragraph III? Hearing none, it's unanimously adopted. Paragraph IV. MR. HENRY: Paragraph IV is a restatement of the
present provision with one change. The present provision

18 says the General Assembly may provide for validation of any

19 revenue bonds authorized and shall provide that such valida-

20 tion shall thereafter be incontestible and conclusive, and

21 the committee redommended that it say the General Assembly

22 shall provide for the validation of any revenue bonds.

23

The General Assembly has provided for the validation

24 of revenue bonds in the Revenue Bond Law, and this just

25 mandates that it be done.

PAGE 102

GOVERNOR BUSBEE: Is there a motion?

2

A VOICE: Moved.

3

(Motion seconded.)

4

GOVERNOR BUSBEE: The motion is made and seconded.

5 Any discussion on the adoption of Paragraph IV?

6

Representative Greer.

7

REPRESENTATIVE GREER: May I ask a question,

8 Governor? It's probably ou~ of ignorance on it, but it says

9 here that for the validation of any revenue bonds authorized,

10
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and then the paragraph above it can be an authority that issue~ the bonds. Would this "any bond" mean any county bonds or authority bonds, or only state bonds?
GOVERNOR BUSBEE: There is no change from the existing constitution except on line 21 changing the existing language from "may" to "shall," so there's no change, and you have already done it .
REPRESENTATIVE GREER: Validation of any revenue

18

bonds? There's no chang~ from the p~esent?

19

GOVERNOR BUSBEE: There's no change.

20

All right. The motion is made and seconded. Any

21

further discussion?

22

If not, is there objection to the adoption of

23 Paragraph IV? Hearing none.' it's unanimously adopted.

24

Paragraph V.

25

MR. HENRY: Paragraph V again is

PAGE 103

GOVERNOR BUSBEE: Just to save all this, is there

2 any objection to Paragraph V, to the adoption of Paragraph V?

3 Is there a motion?

4

A VOICE: Moved.

5

(Motion seconded.)

6

GOVERNOR BUSBEE: Moved and seconded. Any

7 objection? If not, it's unanimously adopted.

8

All right. What is your next one?

9

(Pause. )

10
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GOVERNOR BUSBEE: All right. We're going to kind of wrap this thing up I think this afternoon. We have a lot of work to do on this article before in the morning, so that we might proceed on that we're going to try and wrap it up.
If you'll turn to about five or six paragraphs we've not considered when we passed over an entire section, turn to page 4, look at Baragraph IlIon planning and zoning, we'll take up that paragraph next, Paragraph IlIon page 4,

18 planning and zoning.

19

MR. HILL: All right. We're at Paragraph III,

20 Section II. Now, we have deferred action on Paragraphs I

21 and lIon Section II, but if you turn to page 4 of the draft, 22 Paragraph III, planning and zoning, we have not covered that

23 and we're going to cover the rest of the paragraphs in this

24

section because they haven't been considered yet, and if we

25

reach agreement on those they wouldn't have to go to

PAGE. 104

conference committee.

2

On the planning and zoning paragraph, this does

3 represent a substantial change from the present constitutional

4 provision. The committee proposes authorizing the General

5 Assembly to enact general laws establishing procedures and

6 conditions for the exercise of the power of planning and

7 zoning by local governments.

8

The present constitution prohibits the General

9 Assembly from regulating exercise of the power of planning

10
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and zoning. The committee felt that general laws regulating the manner in which zoning decisions are made by local governments would reduce the number of appellate court decisions reviewing local zoning matters and thereby ensure due process of law at the local level
GOVERNOR BUSBEE: Representative Pinkston. REPRESENTATIVE PINKSTON: First, Mel, as you know in Bibb County we have a Macon-Bibb County Planning and Zoning

18 Commission.which is a constitutional commission. Now, it's

19 one of the most unique ones in the country.

20

MR. HILL: It's a local amendment, Frank.

21

REPRESENTATIVE PINKSTON: What does this -- does

22 this put us back into the general

23

MR. HILL: In this case your local amendment will be

24 carried forward by your local people, so it would be preserved

25 so your situation won't be affected.

PAGE 105

REPRESENTATIVE PINKSTON: Won't be affected, even

2 though the general state law will govern planning and zoning

3 for the future?

4

MR. HILL: No. Your local amendment will continue

5 to take priority.

6

GOVERNOR BUSBEE: We've got a savings clause in that

7

Is there any other question on Paragraph III?

8

SENATOR HOLLOWAY: Moved.

9

GOVERNOR BUSBEE: It's been moved. Is there a

10
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second? (Motion seconded.) GOVERNOR BUSBEE: All right. Is there any dis-
cussion on Paragraph III? Hearing none, is there objection to the adoption of
Paragraph III? Hearing none, it's unanimously adopted. Paragraph IV. MR. HILL: All right. This is a paragraph that's

18 currently provided for in Section V, Paragraph IV of the

19 present constitution, and only relates to counties in the

20 present constitution, but this revision includes munici-

21 palities as well as counties. This is the provsion on eminent 22 domain in Paragraph IV.

23

GOVERNOR BUSBEE: All right. Is there a motion on

24 Paragraph IV?

25

A VOICE: Moved.

PAGE 106

GOVERNOR BUSBEE: It's moved. Second?

2

(Motion seconded.)

3

GOVERNOR BUSBEE: All right. Is there any

4 discussion on Paragraph IV?

5

REPRESENTATIVE JONES: Is there any limitation as to

6 how broad this can be? Any municipality can exercise eminent

7 domain outside of their jurisdiction?

8

GOVERNOR BUSBEE: There is no change except this as

9 I understand it, and I'll direct it to staff, but as I under-

10 stand it the only thing that's done is that the present

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constitution provides that the governing authority of each county may exercise the power of eminent domain for any public purposei that's the existing constitution. The only

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thing that was done was to combine the city with it and just add the words "and of each municipality," so it's no change as far as what eminent domain was as far as the county, it just adds the city to this.

18

REPRESENTATIVE JONES: This would mean a city could

19 condemn outside of its jurisdiction if it had a water system

20 or some other system going out?

21

GOVERNOR BUSBEE: If it's authorized by statute to

22 go out, they could do it.

All ri4ht. is there any further discussion on it?

24

All right. If not, is there objection to the

25 adoption?

PAGE 107

All right. Mr. Speaker.

2

SPEAKER MURPHY: What does the section do to school

3 systems? Does it leave them out? A school system is a

4 political subdivision, it just leaves them out. How are they

5 going to get property if somebody don't sell it to them and

6 we don't put them in it?

7

The Supreme Court has ruxed that a school system is

8 a political subdivision. Is it in the education article?

9

MR. HILL: No. The eminent domain authority of

10 CzI
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school systems is provided for by statute now. The eminent domain authority of counties is provided for in the constitution directly, and in this article on municipal corporations and counties we're going to include cities in that authorization, but this is not an exclusive eminent domain grant to cities and counties; this doesn't prevent the General Assembly from delegating eminent domain to school systems by general law or by local law.

18

GOVERNOR BUSBEE: By statute you already have that

19 is what you're saying. This would give the constitutional

20 right to a city or to a county to condemn by eminent domain

21

for public purposes.

22

As far as school systems it's not exclusive, you can

23

provide it and do provide it for school systems.

24
Is there any further discussion on the paragraph?

25

Is there objection to the adoption of Paragraph IV?

PAGE 108

Hearing none, it's unanimously adopted.

2

/'special Districts, V, Paragraph V.

3

MR. HILL: All right. This does represent a

4 substantial change from the present provisions in the special

5 district provision.

6

Paragraph V(a) of the proposal was intended as a

7

sufficient basis for the current local option sales tax or

8 any other special district tax which the General Assembly

9

could subsequently enact.

10
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Paragraph V(b) was intended to authorize the General Assembly by general law to prescribe conditions under which a special district would have to be created by local government. It was felt by the committee that this authorization in (b) would allow the General Assembly to address the issue of double taxation that is a problem between many cities and counties
Subparagraph V(c) was intended to preserve the

18

present self-executing grant of authority to local governments

19

to create special service districts and levy a tax, fee or

20

assessment in such districts for the services, for any

21

services they're authorized to perform.

22

The only limitation that would be placed on this

23

self-executing grant of authority would be that no action to

24

create a district could supersede a law enacted by the

25

General Assembly pursuant to Paragraphs V(a) or (b) above.

PAGE 109

GOVERNOR BUSBEE: All right. Anything else on that?

2

All right, Paragraph V. Is there a motion?

3

A VOICE: Moved.

4

GOVERNOR BUSBEE: Moved. Second?

5

(Motion seconded.)

6

GOVERNOR BUSBEE: The motion is made and seconded.

7 Is there any discussion on Paragraph V?

8

If not, is there objection to the adoption of

9 Paragraph V? Hearing none, .i t' s unanimously adopted.

10
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Paragraph VI. MR. HILL: Okay. Community redevelopment. Paragraph VI(a) is an editorial revision of Section IV, Paragraph IV of the present constitution. The committee felt that much of the language in the present constitution was unnecessary, but the concept of disposition of property acquired by eminent domain to private enterprise for private use did need to be retained in the constitution, so thatis

18

still in the Subparagraph (a).

19

Subparagraph VI(b) is a significant change from the

20 present constitution. The committee felt that a broad

21

authorization should be granted to the General Assembly to

22

authorize local governments or redevelopment agencies to

23

engage in innovative financing methods for redevelopment

24

purposes, and the authorization for these types of

25

redevelopment programs has been the subject of many local

PAGE 110

constitutional amendments creating downtown development

2 authorities, and it should be pointed out that the general

3 amendment to the constitution, the present constitution,

4 was on the ballot in 1980 but was defeated in the 1980

5 election, but anyway it is back in here in Subparagraph (b).

6

GOVERNOR BUSBEE: Anything else on that paragraph?

7

MR. HILL: No.

8

GOVERNOR BUSBEE: Was that Paragraph VI, Mel?

9

MR. HILL: VI{a).

10
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GOVERNOR BUSBEE: Anything else on it? Is there a motion on Paragraph VI?
Mr. Burruss, is there a question or a move? REPRESENTATIVE BURRUSS: A question. GOVERNOR BUSBEE: A question. All right, Mr. Burruss. REPRESENTATIVE BURRUSS: In this sUbstantial change aren't we granting development authorities the power to excuse

18 taxes on businesses being brought in, the power to grant tax

19 incentives and ad valorem property tax exemptions?

20

MR. HILL: Yes. This is an extremely broad grant of

21

authority for this purpose, th~s right.

22

REPRESENTATIVE BURRUSS: I object, Mr. Chairman.

23

GOVERNOR BUSBEE: It hasn't even been moved yet.

24 You made the motion?

2S

A VOICE: So moved.

PAGE 111

GOVERNOR BUSBEE: You've moved and objected. All

2 right. I'll consider that.

3

SENATOR BARNES: This Paragraph VI is a constitu-

4 tional amendment that has been defeated twice by the people at

S the last two elections.

6

MR. HILL: Just Part (b).

7

GOVERNOR BUSBEE: What this is -- let me bring this

8 up, I think I have a recollection of it. (b) is a part of 9 what I call the Bolster amendments that were defeated twice 10 by the people is my recollection. Without taking any side on

it, it's been submitted twice. (b) is what was the Bolster

amendment. Is that correct? SENATOR BARNES: That's right.

A SENATOR: The same bill passed this year,

Governor, with that one language gone. That's the only part.

The same general statute passed with the tax incentive

removed, and that was the only thing that was removed.

18

GOVERNOR BUSBEE: You're talking about the downtown

19 development authority?

20

A SENATOR: Yes. It passed as a general statute

21

this year in both houses with that one section gone out of it.

22

GOVERNOR BUSBEE: Representative Adams.

23

REPRESENTATIVE ADAMS: Mr. Chairman, the purpose of

24

this Paragraph (b), it passed both the House and the Senate

2S

on two different occasions, and it was voted down by the

PAGE 112

people, but the thought was that the people didn't know what

2 they were voting for, and this was to aid those municipalities

3 and the rural areas that had deteriorated, and it would

4 encourage people to come in and redevelop and encourage new

5 business to come in, and that was the purpose for trying to get

6 this into the constitution.

7

SPEAKER MURPHY: What you're saying, G.D., is that

8 all we need in Paragraph (a) is to authorize the bill we

9 passed this year? Isn't that basically what you're saying?

10
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REPRESENTATIVE ADAMS: The bill we passed this year did not give the tax relief.
SPEAKER MURPHY: We need Paragraph (a) to authorize the bill we passed.
REPRESENTATIVE ADAMS: Yes, that's right . GOVERNOR BUSBEE: Is that a motion, Mr. Burruss? Are you making a motion? REPRESENTATIVE BURRUSS: I want to make a motion.

18

GOVERNOR BUSBEE: State your motion.

19

REPRESENTATIVE BURRUSS: I move we strike Paragraph

20

(b) in its entirety.

21

GOVERNOR BUSBEE: The motion by Mr. Burruss is that

22

we strike Paragraph (b)' of Paragraph VI. All right. Is there

23

a second?

24

(Motion seconded.)

25

GOVERNOR BUSBEE: There is a second to that.

PAGE 113

All right. Is there objection to the amendment to

2 strike Paragraph (b)?

3

SENATOR HOWARD: I object.

4

GOVERNOR BUSBEE: There is an objection.

5

REPRESENTATIVE GREER: I'm not sure I'm objecting.

6

GOVERNOR BUSBEE: It's already objected to. Go

7 ahead and speak.

8

REPRESENTATIVE GREER: May I ask a question about it

9

GOVERNOR BUSBEE: State your question.

10
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REPRESENTATIVE GREER: About this Paragraph (b) that AI's moving to take out, we've had some creation of districts here in Fulton County for certain purposes, as well as I think one in north Fulton and maybe one in south Fulton, and I'm merely more as a matter of information asking in this respect: The creation of the special district in counties if it's a good reason or whatever reason they do it, if they'r taking this out would any county consent to a district if they

18 had a real reason for doing it? That's the question I'm

19 asking.

20

GOVERNOR BUSBEE: The speaker answered your question

21 by saying no, it would not affect that.

22

REPRESENTATIVE GREER: That's all I wanted to ask.

23

GOVERNOR BUSBEE: Okay. Now, all in favor of the

24 amendment to strike Subparagraph (b) of Paragraph VI rise and

25

stand until you're counted.

PAGE 114

(A show of hands.)

2

GOVERNOR BUSBEE: Reverse your positions.

3

(A show of hands.)

4

GOVERNOR BUSBEE: All right. The House affirmative

5 votes to strike Subparagraph (b) is 23 to zero, and the Senate

6 is ten to five, and the motion to strike Paragraph (b) is

7 adopted.

8

Now the motion is for passage of Paragraph VI as

9 amended which is only (a).

10

All right. Senator Smalley.

MR. SMALLEY: Would it not be in order, Governor, to

strike the subparagraph numbered (a) as well so it says this

is only one paragraph?

GOVERNOR BUSBEE: It's a technical change. I think

what he's saying is that since you don't have two paragraphs

there's no use to have (a). Is there objection to removing

(a)? If not, it's stricken.

18

Now the main motion is to adopt the Paragraph VI

19 as amended which is only what was Paragraph (a).

20

All right. Is there objection to the adoption of

21

Paragraph VI as amended? Hearing none, the paragraph is

22

unanimously adopted as amended.

23

All right. Paragraph VII.

24

MR. HILL: Paragraph VII is an editorial revision

25

of Section IV, Paragraph III, of the present constitution,

PAGE 115

the provision prohibiting the General Assembly from authorizinc

2 local governments to become a stockholder in any company was

3 omitted because the committee felt the prohibition was

4 included in the prohibition against local governments being

5 authorized to lend their credit to such entities.

6

In addition, the phrase "corporation or association"

7 was modified by the term "nonpublic" so as to not preclude

8 the support of public corporations such as local government

9 authorities by local governments, but this is essentially an

10
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editorial revision of the present provision. A VOICE: Moved. GOVERNOR BUSBEE: All right. There is a motion on
Paragraph VII. (Motion seconded.) GOVERNOR BUSBEE: It's been moved and seconded.
All right. Is there any discussion on Paragraph VII? Hearing none, is there objection to the adoption of

18

Paragraph VII? Hearing none, it's unanimously adopped.

19

Paragraph VIII.

20

MR. HILL: All right. The last paragraph of

21

Section II relates to sovereign immunity of counties,

22

municipalities, and other political subdivisions. This is

23

an entirely new provision.

24

The committee felt that both county and muni~ipal

25

governing authorities should be treated alike with respect to

PAGE 116

sovereign immunity, and that unless otherwise provided by

2 law that they should enjoy the same immunity from suit as the

3 state.

4

Now, Article IX does have a provision that

5 authorizes counties specifcally to purchase liability

6 insurance for automobile accidents, and their immunity is

7 waived to the extent of the amount of the insurance purchased.

8 Well, this would be provided for by law, and it is provided

9 for by law now, but under this proposal that would continue

10
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to be an exception to the sovereign immunity prohibition. SPEAKER MURPHY: Would this eliminate the county
from being liable for bridges now? MR. SMALLEY: No. The section as provided by law
would save that. You see, that's a statutory liability GOVERNOR BUSBEE: I think the question that was asked
is what about the liability of counties for bridges. That was one.

18

The other is about automotive insurance, and if the

19 county has liability insurance it's liable, but that is

20 provided by statute, it's already in effect, so you have a

21

save-all there which says unless otherwise provided by law,

22 so they would remain liable unless you saw fit to change iu.

23

SENATOR BARNES: Let me ask a question.

24

GOVERNOR BUSBEE: Senator Barnes.

25

SENATOR BARNES: There has grown up a body of law

PAGE 117

in municipalities allowing them to be liable for certain

2 torts that are proprietary functions as opposed to governmenta

3 functions.

4

Do you foresee that abolishes that distinction?

5

MR. SMALLEY: I don't think it abolishes anything

6 as to the current law creating liability, Senator.

7

Now, obviously one is always at some peril to

8 predict what a court will do by way of interpretation, but

9 it's my judgment that it does not change it.

10
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SENATOR HOWARD: It would have to, wouldn't it? SENATOR HOLLOWAY: Not if it's already provided by law. SENATOR HOWARD: Let me ask Senator Smalley: If the provisions making the city liable in certain cases, let's say for a pothole in the street just as an example, were through case law not statute law, wouldn't this constitutional provision radically change what the court would have to do in

18

that regard making a city liable for a certain oversight or

19

negligence?

20

Under case law today if we pass this provision in

21

the constitution, wouldn't it mean that the court would be

22

forced to find that there was no liability on the part of the

23

city in any of those instances?

24

MR. SMALLEY: That's the same question I just

25

attempted to answer.

PAGE 118

SENATOR HOWARD: I just ask it again because I was

2 a little bit uncertain as to your reply.

3

MR. SMALLEY: Well, I think it is very clear that

4 any liability which is statutory in nature would be saved.

5 I'll have to admit that there's less certainty about court-

6 created liability.

7

It happens the example you gave of course is

8 statutory.

9

GOVERNOR BUSBEE: I think what Mr. Smalley is saying

10 it says unless otherwise provided by law; it doesn't say by

statute. I think case is law, but I think there's a lot more

certainty that if you have a statute it makes them liable, but

they would definitely continue to be liable like the breakage

or insurance on automobiles. I think there is less certainty

about case law is what I'm saying. Is that what you said?

MR. SMALLEY: One further comment. This would very

clearly leave it up to the General Assembly to make a value

18

judgment in any area where you wanted local governments to be

19 exempt or liable.

20

REPRESENTATIVE PINKSTON: Does this other politidal

21

subdivision extend to hospital authorities?

22

MR. HARRIS: It extends to the board of education I

23

know.

24

REPRESENTATIVE PINKSTON: Transit authorities and

25

such as that?

PAGE 119

Does that take away their liability?

2

MR. HILL: Yes, the entities you described would

3 fall within that category.

4

REPRESENTATIVE PINKSTON: In other words, it goes

5 much further than counties and municipalties, it goes to all

6 political SUbdivisions including authorities of all counties?

7

MR. HILL: Yes. Their degree of immunity or their

8 degree of liability would be a matter of legislative

9 determination.

10
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REPRESENTATIVE PINKSTON: If there's no statute on the books now you're immune, and if there's none passed?
MR. HILL: Ye s REPRESENTATIVE PINKSTON: And it would be the same as the State of Georgia? MR. HILL: Yes. REPRESENTATIVE PINKSTON: Which we're not liable for Milledgeville State Hospital?

18

MR. HILL: Not until and unless. you provided you're

19 liable.

20

SPEAKER MURPHY: Is a city hospital authority a

21 political subdivision? They have ruled a county school system

22 is a political subdivsion.

23

MR. SMALLEY: I would think that it is, particularly

24 if it's under Hill-Burton.

25

SENATOR BARNES: It's allowed to be sued by law.

PAGE 120

The Hospital Authorities Act allows them to be sued. That's

2 the only way you can sue them.

3

SENATOR BARNES: I'm a little skittish. Let's

4 postpone th~s.

5

SENATOR HOWARD: I think we ought to postpone this.

6

GOVERNOR BUSBEE: The motion has been made on

7 Paragraph VIII -- they wanted to check some of the statutes

8 that are now excluded such as your automotive, your bridges

9 and now your hospital authorities. Is there any objection

10
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to postponing further consideration of Paragraph VIII until tomorrow?
Senator Kidd. SENATOR KIDD: Have you passed over Paragraph VIII? GOVERNOR BUSBEE: We're going to postpone consideration of Paragraph VIII until in the morning. SENATOR KIDD: I would like to make a motion that we appoint a subcommittee to report back, my understanding

18 was today concerning Section IV of our Article VIII, and

19 this committee is ready to make a report, so I move that we

20 receive this report, discuss it and vote on it at this time

21

since it was put off until today.

22

I move that we receive the report and discuss it.

GOVERNOR BUSBEE: All right. The senator wants to

24

bring up the committee report on --

Do you have a copy o

25 it?

PAGE 121

SENATOR KIDD: I have a copy of it, but I under-

2 stand they have copies ready for everybody to have one.

3

GOVERNOR BUSBEE: All right. Pass them out.

4

(Pause. )

5

GOVERNOR BUSBEE: Senator Kidd.

6

SENATOR KIDD: Now that we've had an opportunity to

7 read the conference committee report, I move its adoption.

8

SPEAKER MURPHY: I would like to make a substitute

9 motion.

10
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GOVERNOR BUSBEE: All right. The motion has been made, and now Mr. Speaker would like to make a substitute motion. Mr. Speaker.
SPEAKER MURPHY: I move that further consideration of this be postponed until the next meeting, since I can't be here tomorrow, and I would like an opportunity to look at it myself and postpone it until the meeting two weeks from now.

18

SENATOR KIDD: As much as I hate to, I object.

19

GOVERNQR BUSBEE: All right. The motion of the

20 speaker -- he's being operated on tomorrow -- he wanted to

21 postpone it until we meet two weeks from now, so the motion,

22 the substitute motion prevails. Mr. Speaker made a motion

23

to postpone it.

24

Is there a second to the motion?

25

(Motion seconded.)

PAGE 122

GOVERNOR BUSBEE: Senator Holloway seconded it.

2

So the motion is on the postponement. All in favor

3 of the motion rise and stand until you're counted.

4

(A show of hands.)

5

SENATOR KIDD: Is this an opportunity to talk about

6

this?

7

No, I'm not voting.

8

GOVERNOR BUSBEE: Reverse your positions.

9

(A show of hands.)

10

LT. GOVERNOR MILLER: Let me see that vote again.

A VOICE: Which way? LT. GOVERNOR MILLER: The reverse vote.

(A show of hands.) GOVERNOR BUSBEE: All right. On the motion to postpone the ayes in the House are 23, the nays are one;

the ayes in the Senate are 7, the nays are nine.

Now we get back to a rule of procedure where we have

18

a difference on the postponement.

19

SENATOR BARNES: Send it to a conference committee.

20

(Laughter. )

21

A VOICE: The motion fails.

22

GOVERNOR BUSBEE: You know, I think we're in a

23

position on this, and I can bring your motion up now which

24

has got to pass both, and I don't want to get to an impasse

25

if I can avoid it, but you know we have two conference

PAGE 123

committees on education, one for the board of education,

2 and one for the board of regents.

3

I think that there are consistencies we should have

4 between the two regarding board of education and board of

5 regents, and I don't know how we approach this if we have two

6

weeks.

7

I would just like to ask the lieutenant governor

8 and the speaker, but it seems like having two conference

9 committees on this you're not going to have your consistency

10

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between them. Did you want to say something, Senator? SENATOR KIDD: Yes. Governor, again I hate to
disagree with our leadership. Of course, these are entirely two different subjects dealing with two different subcommittees.
Now, I can understand the speaker's position, but I think that the position of everyone of us here that by

18

putting off a vote on an issue as important as this we're

19 subjecting ourselves to night-walkers, arm-twisters and

20 broken bones, and that by going ahead and voting on it

21

because it's right here in black and white whether you want

22 it or you don't want it, it's a very simple matter, and then

23

you can bring up the other subcommittee reports tomorrow

24

or, if the speaker prefers, in two weeks, either way, but

25

I do think that we would be amiss to not go ahead and act

PAGE 124

on this important subcommittee report that's before us right

2 now as it concerns the Board of Regents.

3

Thank you.

4

SENATOR BARNES: Mr. Chairman.

5

GOVERNOR BUSBEE: Senator Barnes.

6

SENATOR BARNES: I move the Senate reconsider its

7 position in defeating the motion to postpone.

8

GOVERNOR BUSBEE: All right. There's a motion by

9 Senator Barnes that the Senate reconsider its position in

10
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defeating the motion to postpone. Is there a second? SENATOR GREENE: Seconded. GOVERNOR BUSBEE: The motion is made and seconded;
it's going to be voted on by the Senate. All right. All the senators in favor of recon-
sidering their position not to postpone rise and stand until you're counted.

18

(A show of hands.)

19

GOVERNOR BUSBEE: All right. All opposed.

20

(A show of hands.)

21

GOVERNOR BUSBEE: It's the same vote.

22

A VOICE: Thank you, Roy.

23

GOVERNOR BUSBEE: Representative Burruss.

24

REPRESENTATIVE BURRUSS: Mr. Chairman, in view of

25 the fact that some questions have been raised since the

PAGE 125

adoption of the conference committee report that we didn't

2 have at the time, I would like tOllimove since we have an

3 obvious disagreement that the conference committee be dissolved

4 and a new conference committee appoimted.

5

SENATOR KIDD: I object.

6

GOVERNOR BUSBEE: The motion by Representative

7 Burruss is that this conference committee be dissolved and a

8 new conference committee be appointed.

9

Is there a second?

10

SENATOR KIDD: Pardon me. How can you dissolve it

11

"z
Ior-;

without bringing

it up

for

a

vote

on

the

report?

I don't

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believe it's germane, the motion that the gentleman has just

@ ; j made that you can dissolve a subcommittee until you've voted

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on the motion or the report itself. SPEAKER MURPHY: Senator Kidd, in answer to your
eloquent argument you made a while ago, I assume that you all do have floor walkers and arm-twisters and broken heads and

18 things of that nature in the Senate. Fortunately we don't

19 have that in the House, we don't have that to worry about.

20

(Laughter.)

21

SPEAKER MURPHY: We don't engage in that sort of

22 stuff, and there are many things in this conference committee

23 that some of us like, there are one or two things that some

24 of us don't like, there are some other things that ought to be

25 put in it that are not in it, and that is my reason for

PAGE 126

making a motion to postpone this for two weeks. I would

2 think that most of this would be agreeable in two weeks, but

3 I think it's going to take two weeks for it to be disseminated

4 and all of us understand exactly what we're voting on.

5 Unfortunately we don't have the power of persuasion that some

6 of you silver-haired folks in the Senate have.

7

SENATOR KIDD: Mr. Chairman, I would suggest with

8 all the legislation we've had in the past with the optome9 trists and the opthalmologists that the speaker should go to 10 see one or either in order to take a better look at this.

Now, certainly we know that we can amend this

report in any way at this time, you can change a report as it

applies to the constitution because when you get ready to

adopt this section it's still wide open because you have not

adopted it. You have a report, you can take whatever part

you want and add to, take away, and I think any of us know

that two weeks from today, and you look around at this fine 18 group from the House, and certainly they've not been subjected

19 to the problems that we have, but they could be, and I just

20 don't want them to have to go through that, so let's go ahead

21 and vote on it.

22

GOVERNOR BUSBEE: All right. The motion is that the

23 conference committee report

is that your motion, Senator -

24 be voted on at this time?

25

-SENATOR KIDD: Right.

PAGE 127

GOVERNOR BUSBEE: The motion is on the conference

2 committee report.

3

Is there any further discussion on it? If not, all

4

in favor of the --

Senator Greene.

5

SENATOR GREENE: Are we going to take up the

6 conference committee report or the contents of the report?

7

GOVERNOR BUSBEE: While ago you had a division on it

8 and so it was not postponed, so the question now is Senator

9 Culver Kidd's motion that we adopt the conference committee

10
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report at this time. If it's not adopted, then of course we come back to it.
SPEAKER MURPHY: Could I be heard on that? Let me go over here where I can stand up.
A VOICE: I move we take a recess. SPEAKER MURPHY: The reason I would like to postpone further consideration of this conference A VOrCE: We can't hear you.

18

SPEAKER MURPHY: The reason I would like to postpone

19

further consideration of this conference committee is because

20

there are some things that I think are good in it, there are

21

some things that I think are bad in it.

22

First of all, if you reduce the fifteen to ten

23

there is no way you're going to have a minority representa-

24

tion on the Board of Regents.

25

Second of all, there's no way you're going to have

PAGE 128

private colleges' representation on the Board of Regents.

2 I don't favor reducing the size of it that much. It may ought 3 to be reduced some.

4

I do favor the four-year term, but if I had to vote

5 on this entire conference committee report now I'd vote

6 against it.

7

That's the reason I'm saying let's try to get some-

8 thing we can all live with and something we can work out that

9 the people would buy. What good is it going to do us to pass

10
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somethihg here that the people are not going to buy? That's about the silliest thing we could do.
GOVERNOR BUSBEE: All right. With that, then, I might from a parliamentary standpoint say this. We're going to vote, and if it's not adopted then we'll have another conference committee to work on it.
All right. All in favor of the adoption of the report as is rise and stand until you're counted.

18

(A show of hands.)

19

GOVERNOR BUSBEE: All opposed.

20

(A show of hands.)

21

GOVERNOR BUSBEE: All right. On the adoption of the

22 conference committee report, the House ayes are two, the nays

23 are 20; in the Senate the ayes are eight, the nays are seven --

24 nine. So the conference committee report is rejected and a 25 new conference committee will be appointed.

PAGE 129

SPEAKER MURPHY: I appoint the same ones.

2

A VOICE: I think you need to recount the Senate.

3

LT. GOVERNOR MILLER: I think you need to do some of

4 that arm-twisting you were talking about. I noticed one not

5 far from you didn't vote.

6

Same ones.

7

GOVERNOR BUSBEE: Let me ask you about the time of

8 convening in the morning. We have Article X which should be

9 I think very short; then on IX we have I believe it is two

10

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committees to be working. Is it your desire we meet -- we said I think nine
o'clock we would meet, but .do you want to meet at 9:30 in view of that, or do you want to meet at nine?
Representative Reaves REPRESENTATIVE REAVES: Mr. Chairman, a few of us have a very important meeting at ten. If you could kind of do like you're referring to now where we could make that meeting

18

at ten we would appreciate it.

19

GOVERNOR BUSBEE: A meeting at ten in the morning?

20

REPRESENTATIVE REAVES: I think so, don't we?

21

A VOICE: Nine.

22

GOVERNOR BUSBEE: You want to meet at nine in the

23 morning?

24

REPRESENTATIVE REAVES: I'm saying that a few of us

25 have a reapportionment meeting at ten that's very important to

PAGE 130

us.

2

GOVERNOR BUSBEE: I don't know how to work around it.

3 We probably won't get through that quick.

4

REPRESENTATIVE REAVES: I'm in favor of meeting at

5 nine, yes. I just wanted to bring that out.

6

GOVERNOR BUSBEE: That's the procedure we adopted,

7 we would meet at nine I believe on the second days, so we

8 will convene tomorrow morning at nine.

9

Just a minute, we need to make sure we have all of

10 Article IX covered now. Mel, where are you?

III

Z

11 i=

Who do you not have appointed?

.Io.I..<..

~;I

MR. HARRIS: On page 11 under revenue bonds, special limitations on the gas-electric distribution, there was a

! 14 ... division between the House and the Senate .

'<"

%

15 .:

GOVERNOR BUSBEE: All right. This is going to be now

III

II<

;;;)

16 ~.:oz..: on the revenue bonds. Do you have your --

<

17 :

LT. GOVERNOR MILLER: On the revenue bonds I'm going

18 to appoint Barnes, Holloway and Tysinger.

19

SPEAKER MURPHY: I'm going to put Mr. Reaves, Mr.

20 Collins and Mr. Pinkston on that revenue bonds.

21

A VOICE: Who were they, Mr. Speaker?

22

SPEAKER MURPHY: Reaves, Collins and Pinkston.

23

I would suggest that on these conference committees

24 when they meet they ought to give the staff an opportunity to 25 meet with them because it might affect some other sections of

PAGE 131

the constitution and it might save us some problem in the

2 future.

3

GOVERNOR BUSBEE: What's the next one, Robin?

4

Representative Ross.

5

REPRESENTATIVE ROSS: Mr. Chairman, at the last

6 meeting you appointed a conference committee dealing with the

7 election of the state school superintendent and the appointment

8 of the state board of education. We have a conference committe~

9 report on that if you want to take it now.

10

GOVERNOR BUSBEE: Do you have it? I think you gave

CzI

11

i=
...IoX
Go

me

a

copy and

I

don't

see

it.

9;1 REPRESENTATIVE ROSS: I gave you the original, yes, sir, signed by the four members.

l 14 l-

GOVERNOR BUSBEE: I believe you could not agree and

V>

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15 .:l you asked that a new conference committee be appointed. Was

CI

IX
::>

16 ~... that the report?

Q

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17 ~

REPRESENTATIVE ROSS: That was on the State Board.

18 We agreed on the manner of the election of the State School

19 Superintendent which was that he be elected in the same manner

20 as he is in our present constitution.

21

On election of the State Board we could not agree,

22 we split right down the middle three and three and ask that

23 another conference committee be appointed.

24

GOVERNOR BUSBEE: What they have is they divided.

25 I think your committee, the conference committee was to take up

PAGE 132

the Board and the Superintendent, and the only thing it could

2 corne to agreement on was on the Board, so you didn't really

3 corne to agreement on the total matter.

4

REPRESENTATIVE ROSS: We came to agreement on the

5 State Superintendent.

6

GOVERNOR BUSBEE: The Board and the Superintendent

7 were both in your committee, and you could not agree on

8 anything other than the superintendent. I think the question

9 is where are you going to divide it.

10

The question is on the conference committee if you

11

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i=
..'o"....

can't

agree

on

the

subject matter,

but

a

portion of

the

subject

~;I matter, can you agree on that conference committee report. I don't know.

! 14 f-

SENATOR BALLARD: Mr. Chairman.

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15 01)

GOVERNOR BUSBEE: All right, Senator Ballard.

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16 .~...

SENATOR BALLARD: Mr. Chairman, since it looks like

o

Z

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17 ~ we have failed on the Regents thing and you've got problems

18 with your Board of Education problem, I would move that there

19 be new conference committees appointed and maybe appoint three

20 each to each one of these' and be instructed to work together

21 to get these two systems together so we have the Board of

22 Regents and the Board of Education. I think you have to work

23 the two together, because you're going to be going one way on

24 one or the other, because you've got a failure of two

25 conference committees already on each one, and I'm saying

PAGE 133

let's go back and report in two weeks.

2

GOVERNOR BUSBEE: The suggestion is you have two

3 conference committees, but that they work together.

4

REPRESENTATIVE COLLINS: Instruct them to work

5 together.

6

GOVERNOR BUSBEE: Instruct them to work together and

7 be back in two weeks.

8

SENATOR BALLARD: That is right.

9

SPEAKER MURPHY: On this conference committee on the

10 fees and salaries of the county officers, I'm going to put

IzII

@;;11

j:::
.'o0"....

Mr.

Rainey,

Mr.

Bray and I'm going

to put the

lady Ms.

Galer

on the committee on county officers, fees and salaries.

LT. GOVERNOR MILLER: I want to appoint Senator

! 14 l- Nathan Dean, Culver Kidd and Roy Barnes.

V>

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J:

15 0:>

GOVERNOR BUSBEE: That was on county fees.

III

:'>"

16 ~...

All right. Now what else do we have?

Q

Z

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17 :

Now that goes back to the motion that Senator Ballar(

18 has that on these education and regents you have two separate

19 conference committees, that they be instructed to work

20 together and report back at the meeting two weeks from now.

21

Is there a second?

22

SPEAKER MURPHY: I second.

23

GOVERNOR BUSBEE: Mr. Speaker seconds it. All

24

right. All in favor of that -- Is there any objection to

25

that? I'll say that.

PAGE 134

Is there any objection to that? If not, it is so

2 ordered.

3

They have already been appointed. Is there any

4 further business?

5

Representative Pirtkston?

6

REPRESENTATIVE PINKSTON: In Section III,

7 intergovernmental relations, didn't we postpone this Paragraph

8 II, Local Government Reorganization? Are we going to do it

9 tomorrow or what?

10

MR. HILL: Yes, there's three sections, three

..CzI
11 j: paragraphs in Section II that have been postponed, and I

.~..

~;i

suppose we'll take them up tomorrow. REPRESENTATIVE PINKSTON: Okay.

I just didn't want

! 14 ... us to think we had adopted them .

'"

::I:

..15 o1:l CI

GOVERNOR BUSBEE: I think we were going to take that

:>

16 .~.. up tomorrow morning .

Q

Z

17 :

All right. Is there any other business? Senator

18 Ballard?

19

SENATOR BALLARD: Since there are six members of

20 this committee, I would like to -- if we could let's get

21 together the six and get one person to coordinate these

22 meetings, because it's kind of hard to get six people and say

, "Wt: 1\ t 'C~f\ you be h~re\\ and so forth, so if all the six could 24 meet together over here we'll name one person from the group

25 to coordinate.

PAGE 135

GOVERNOR BUSBEE: Any other business?

2

Okay. We will be adjourned until nine o'clock

3 tomorrow morning.

4

(Whereupon, at 3:10 p.m. the committee meeting was

5

adj ourned. )

6

7

+++

8

9

10

~

CzI 11 j:
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12 ~

~J~ ! 14

l-
V:r> 15 ~

CI IX
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16 .~..

Q
Z 17 :

18

19

20

21

22

23

24

25

INDEX Committee Meetings Held on Constitutional Revision Legislative Overview Committee Meeting Held on June 30, 1981

LEGISLATIVE OVERVIEW COMMITTEE, 6-30-81

Proceedings. p. 3

ARTICLE IX: COUNTIES AND MUNICIPAL CORPORATIONS
SECTION I: COUNTIES
Paragraph I: Counties a body corporate and politic. pp. 3-4
Paragraph II: Number of counties limited; county boundaries and county sites; county consolidation. pp. 4-6
Paragraph III: County officers; election; term; compensation. pp. 6-24, 26-33
Paragraph IV: Civil service systems. pp. 24-28

SECTION II: HOME RULE FOR COUNTIES AND MUNICIPALITIES

Paragraphs I: Home rule for counties. pp. 33-36, and

II: Home rule for municipalities. pp. 33-34

Paragaph III: Supplementary powers. pp. 34-45

Paragraph IV: Planning and zoning. pp.l03-105

Paragraph V: Eminent domain. pp. 105-108

Paragraph VI: Special districts. pp. 108-109

Paragraph VII: Community redevelopment. pp. 109-114

Paragraph VIII:

Limitation on the taxing power and contributions of counties, municipalities, and political subdivisions. pp. 114-115

Paragraph IX: Immunity of counties; municipalities, and school districts. pp. 115-120

SECTION III: INTERGOVERNMENTAL RELATIONS Paragraph I: Intergovernmental contracts. pp. 46-49 Paragraph II: Local government reorganization. pp. 49-56

tegislative Overview Committee 6-30-81 Page 2
SECTION IV: TAXATION POWER OF COUNTY AND MUNICIPAL GOVERNMENTS Paragraphs I: Power of taxation,
II: Power of expenditure, and I I I : Pur po s e s o,f t a x a t ion; a 11 0 cat ion 0 f t a xes. pp. 56-60
SECTION V: LIMITATION ON LOCAL DEBT Paragraph I: Debt limitation of counties, municipalities, and other
political subdivisions. pp. 61-63 Paragraph II: Special district debt. pp. 63-68 Paragraph III: Refunding of outstanding indebtedness. pp. 68-74 Paragraphs IV: Exception to debt limitations, and
V: Temporary loans authorized. pp. 74-80 Paragraph VI: Levy of taxes to pay bonds; sinking fund required. pp. 80-81 Paragraph VII: Validity of prior bond issues. p. 81
SECTION VI: REVENUE BONDS Paragraph I: Revenue bonds; general limitations. pp. 81-84 Paragraph II: Revenue bonds; special limitations. pp. 84-95, 130 Paragraph III: Development authorities. pp. 95-101 Paragraph IV: Validation. pp. 101-102 Paragraph V: Validity of prior revenue bond issues. pp. 102-103
CONFERENCE COMMITTEE REPORTS ARTICLE VIII: EDUCATION SECTION IV: BOARD OF REGENTS Postponement debate. pp. 120-129 Appointment of Conference Committees and other procedural matters.
pp. 129-135

MATERIALS CONSIDERED AT MEETING OF LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION
AND SELECT COMMITTEE ON CONSTITUTIONAL REVISION HELD ON JUNE 30, 1981

C(PMI fIFE 1;1 REVISE ARIl.CLE-lX

9

2

FINAL DRAFT

9

3

December I, 19dO

10

4

SEcr ION I.

12

5

COUNTIES

13

6

Paragraph I. ~unt1~--2- body corporate And 17

7 pQliti~. Each cQunty shall be a body cQrpQrate and PQlitic 18

8 With such gQverning authQrity and with such powers and 19

9 limitatiQns AS are provided in this Constitution And as 20

10 orQvided by law. The gQverning authQrities Qf the several

11 cQunties shall remain as prescribed by law Qn )'lOe30, 1983, 21

12 until otherwise provided by law.

13

Paragraph II. Number of cQunties li~ted; CQun1Y 23

14 Q.QJ.l!lQaries and -ZQunty sites! ~ounty (';Qnsolidat1Qn. (a) 24

15 fhere shall nQt be mQre than 159 counties in this state.

25

16

(b) The metes and bQunds Qf the several counties 27

17 and the cQunty sites shall remain as prescribed by law on 28

18 June 30, 1983, unless changed pursuant tQ a general law.

29

19

(c) (he General Assembly may prQvide bv law for 11

20 the consQlidatiQn of tWQ Qr mQre cQuntiec; into one f)r thp 3:?

21 divisiQn Qf a county and the merger of portions theref)f into 13

22 other cQunties under such terms and conditions as it may 34

23 prescribe; but nQ such cQnsQlidatiQn, division, or merger 15

24 shall become effective unless anorQved by a majority of the

25 1ualified VQters vQting thereQn in each of the cQunties 16

26 propQsed tQ be consolidated, divided, or merged.

17

27

Paragraoh I I I. ~~_....a.t1llUll-tl~ll'lD..L....t..P.rrn; 39

28 ~~sat1on. (a) The clerk Qf the suneriQr court, jud1e of 40

29 the probate court, sheriff, tax receiver. tax collector, and 41

30 tax commissioner, where such office has replaced the tax 42

31 receiver and tax cQllector, shall be elected bv the

32 qualified voters of their reSDective counties tor terms Qf 41 33 tour years and shall have such qualificationc;, Dowers, ~nd 44

34 duties as prOVided by general law.

- 1-

(bl ~inimum compensation for said county oftic~rs 46

2

shall oe established by the Gen~ral Ass~mbly bv q~np.ral law. 47

3 Such minimum compensation may be suoplemented by local law 48

4 and, if such authority is dele~ated by local law, bv action 49

5 of the county 10verning authority.

6

(cl The General Assembly may consolidate th~ 51

1 offices of tax receiver and tax collector into the offic~ of 52

8 tax commissioner.

9

Paragraph IV. ~1Y1l service svstpms. Thp. General 54

10 Assembly may by general 1 aw authorize the establishment bY 55

.11

county governin~ authorities of civil service sysbms 56

12 covering county employ.ees or covering county employees And 57

13 employees of the elected county officers.

14

SECTION 1 I

60

15

HOME RULE: FOR COUNfIES AND MUNICIPALITIES

61

16

Paragraph I. ~.r:lJu:.a.L AssemblY authorized J..o. 64

11 ~gate its gower. The General Assembly is Authorizo.d to 65

18

enact general laws providing tor the self-~overnment of 66

19 counties or municipalities, or both, and to that end is 67

20 expressly given the authority to delegate its power so that

21 matters pertaining to counties or municipalities, or both. 68

22 may be dealt With without the necessity of action by the 69

23 General Assembly.

24

Paragraoh II. SYQQle'!lentary powers. (a) In 71

25 addition to and supplementary ot all powers oossessed by or 72

26 conferred upon any county, municipality, or any cO'!lbination 73

27 thereof, any county, municipality, or any combination

28 thereot may exercise the following powers and provid~ t~~ 74

29 following services:

30

( 1l Police and fire protection.

76

31

(2) Garbage and solid waste collection and 78

32

disoosal.

33

(3) Public health facilities and services, 80

34

including hospitals, ambul~nce and emergency rescue 81

35

services, and animal control.

- 2-

(4) Strp.et and road construction ~nd 83

2

maint~nance, including curbs, sidew~lks, strpp.t 84

3

lights, and devices to control the flow of tr~ffic

4

on streets and roads constructed by counties and 85

5

municipalities or any co~bination thereof.

6

(5) Parks, recreational ~reas, programs, and 87

7

f ac 11 i tie s

8

(6) Storm water and sewage collp.ction and 89

9

disposal systems.

10

(7) Development,

storage,

treatm~nt,

91

II

purification, and distribution of watp.r.

12

(B) Public housing.

93

13

(9) PUblic transportation.

95

14

(10) Libraries.

97

15

()I) Terminal and dock facilities and parkinq 99

16

f ac 11 i tie s

17

(12) Codes, includinJ building, hausing, 101

18

plumoing, and electrical codes.

19

(13) Air quality control.

103'

20

(14) The oo~er to maintain and ~odify 105

21

heretofore existing retirement or pension system~, 106

22

including such systems heretofore created bv

23

general laws of local aoolication bv popul~tion 107

24

classification, and to continue in effect or modify 108

25

other benefits heretofore prOVided as a oart of or

26

in addition to such retirement or oension systems 109

27

and tne power to create and maintain retire~ent or I 1:)

28

pension systems for any elected or anoointed Dublic

29

officers and employees whose compensation is oaid 1.11

30

in w""lole or in part fro~ county or mlmicioal funds ,112

31

and for the beneficiaries of such officers and

32

employees.

33

(b) Unless otherwise provided by law.

114

34

(1) ~o county may exercisp. any of t""lP. oowp.rs 11 :5

35

listed in subparagraph (a) of this Paragraoh or 117

- 3-
(3)

provide any servic~ listed therein in~ije t~e 117

2

boundaries of any rnunicipali tv or ilnv other county 119

3

except by contract with the municioality or county 11')

4

affected; and

5

(2) No municipality may exercise ilnv of the 121

6

powers listed in sUboaragraph (a) of this Pilra,raoh 1 2~

7

or provide any service listed t~erein olftside i t~

8

own boundaries except by contrAct with th9 county 121

9

or municipality affected.

10

(c) ~othing contilined within this Paragraoh ~hall 125

.11

operate to prohibit the General Assembly from eoactinq 126

12 general laws relative to the subject matters listed in 127

.13 SUbparagraph (a) of this Paragraoh or to prohibit the 12',

14 General Assemoly by general law from regulating,

15 restricting, or limiting the exercise of the powers listed 129

16 therein; but it may not withdraw any such nowers.

17

(d) Except as otherwise prOVided in suboaralraoh 131

18 (b) of this Paragraoh, the General Assemblv shilll act u~on 112

19 the subject matters listed in subparagraoh (a) of this I'B

20 Paragraph only by general law.

21

Paragraph III. Elgnnina and zouiog. The qoverninq 13'1

22 authority of each county and of each municioality ffiily adoot 13">

23 plans and may exercise the power of zoning. This 137

24 authorization shall not prohibit the General A~se~hlv from

25 enacting general laws establishing condi tions and orocedurf!s IVl

26 for the exercise of such power.

119

27

Paragraph IV. Eminent domaiO. The governing 141

28 authority of each county and of each municinality may 142

29 exercise the power of eminent domain for any oublic p'JrOos8. 143

30

Paragraph V. ~1aJ d~~s. As ~ereinafter

14')

31

provided in this Paragraph, soecial districts may be cr~ated 145

32 tor the provision of local 10vernment services within stich 147

33 districts; and tees, assessments, and taxes may be levi~~ 14q

34 and collected within such districts to oav. whollv or

35

partially, the cost of providing such servic~s t~er~in ilnd

- 4-

to construct and maintain t9ciliti~s ther~for. Such soecial 15::>

2 districts may be created and fees, assessments. or tax~s may 151

3 be levied and collected therein by any one or mor~ ~t th~

4 following methodsl

152

5

(a) By general law which directlY creates the 154

6 districts.

7

(b) By general law which requires the creation of 155

8 districts under conditions specified by such 1~neral law.

157

lJ

(c) By municipal or county ordinance or 159

10 resolution, except that no such. ordinance or resolution mav 160

J I supersede a law enacted by the General Assembly pursuant to 161

12 subparagraphs (3) or (b) of this Paragraph.

13

Paragraoh VI. CQm:nun1ty_~~loDment. (a) The 16.1

14 General Assembly may authorize any county, municioality, or 1M

15 housing authori ty to undertake and carry out communi tv 165

16 redevelopment. which may include the sale or other 166

17 disposition of property acquired by eminent domain to

18, private enterorise for private uses.

167

19

(b) In addition to the authority granted by 16)

20 SUbparagraph (a) of this Paragraoh, the General Assem~l". bv 1TJ

21 general law, is authorized to grant to counties or 171

22 municipalities such additional powers as may be n~c~s5ary or 172 23 convenient tor redevelopment Durooses and programs, as such

24 purposes and programs may be defined by such ~eneral law. 171

25 In aid of such redevFllopmFlnt purposes and programs, such 174

26 additional pow~rs may includFl, but are not limited to, the 175

27 followingl

28

(I) The Dower to grant tax incFlntivFl5 and ad 177

29

valorem property tax eXFlmptions.

30

(2) fhe power to issue bonds, includin1, but 179

31

not limited to. tax allocation bonds, as may be 180

32

definFld by law, and the oower to incur obliqations

33

without

either

such

bonds

or

obli~ations

181

34

constituting debt within the m~aninJ of S~ction V 182

35

of this article.

- 5-

(3) The power to enter into contractc; for i'lnv 19<1

2

period not exceeding 3~ years with orivate pArsons, 18'3

,

3

firms, corporations, and business entitiAs.

4

(4) [he power to create nublic coroorations 137

5

or designate existing public coroorationc; as 181'1

6

redevelopment agencies.

7

(5) All additional powers nl'lcp'SS"lry or 190

8

convenient for accomplishing the redevelooment 191

9

purooses and programs provided bv law.

10

Paragraph VII. l.i.m.1i..ation on ibLtaxi n9 po'ter "lnd 19'3

II contributions Of counties. muoicipalities._ and political 194

12

subdlvl~lons. The General Assembly shall not authorizA Any 195

13 county, municioality, or other political sUbdivision 0f thtc; 190 14 state, through taxation, contribution, or other~ise, to

15 appropriate money for or to lend its credit to any oerson or 197

16 to any nonpublic corporation or association exceot for 199

17 purely charitable purposes.

18

Paragraph VIII. ~erel~Q i~!J.Oll:l- Of counties. 200

19 municipalities. and other~llical subQiYlsions. CountiAs, 201 20 municipalities, and other politicAl subdivisions shall enjoy 202

21 the same immunity from suit as the state, unless otherwise 20'3

22 provided by law.'

23

SECTIoN I I I.

20">

24

INTERGOVERNMENTAL RELATIONS

207

25

,Paragraph I. Intergoyern~en~el- contracts. (a) 21Q

26 l'he state, or any institution, department, or other alJencv 211

27 thereof, and any county, municipality, school district, or 212

28 other political subdiVision of the sti'lte may contri'lct for

29 any period not exceeding 50 years with each other or ~ith 211

30 any other public agency, public corporation, or public

31 authority for joint serVices, for the provision of servicp.s, 215

32 or for the Joint or separate use of facilities or AlJuipMent;

33 but such contracts must deal with activities or SArvi~AS 216 34 which the contracting oarties Rre authorizAd by law to 217

- 6-

undertake or orovide. This authorization sh~ll not prohibit 218

2 the General Assembly from enactin~ general laws relative to :219

3 such contracts.

4

(0) Any county, municipality, or comhin9tion :221

5 thereof may, in connection with any contracts authorizqrl in 2n

6 this Paragraph, convey any existing facilitip-s or equioment 223

7 to any public agency, pUbl ic corporation, or public d authority, sUbjp-ct to such limitations as may be providp-d by 224

9 general law.

10

Paragraph II. Local qQvernman1-~rqanization. 225

.11 The General Assembly shall provide by general law for any 227

12 matters necess9ry or convenient to authorizq thp- 223

13 consolidation of the governmental and coroorate Dowers and

14 functions vested in municipalities with the governmp.ntal and 229

15 corporate powers and functions vestFld in counties in which 2':10

16 such municipalities are located. Such general law may also 231

17 provide alternatives for the reorganization of county and 232

18 municipal governments, including, but not limitqi to,

19 procedures to establish a sin~le governing body as the 2 ~,

20 governing authority of a county and a municipality or 23<1

21 municioalities located within such county, or for t,e mer?qr 235

22 of services or the redistribution of powers between a county

23 and a municipality or municipalities located within the 235

24 county. Such general law shall provide procedures and 2'37

25 requirements for the establishment of charter commissions to 233

26 draft proposed charters to establish a form of govern~e~tal

27 reorganization authorized by this Paragraph, and the General 2'P

~8 Assembly is exoressly authorized to delegate its oowqrs to 241)

29 such charter commissions for such purposes S0 that the 241

30 governmental reorganization oroDosed by a charter cQ~~ission 242

31 may become eftp-ctive Without the necessity of further action '24,

32 by the General Assembly, or such general law milv relJlJi,"!

33 that the recommendations of any such charter co",~i s5ion bp- 2<14

34 implemented by a local law. Any law enacted pursllant to the 245

35 authority of this Paragraoh shall reauire any f0r~ of 246

- 7-

governmental rqorg~niz~tion authorized by this Paragranh to 247 2 be aoproved by a majority of the Qualified voterq voting 3 within the county or counties affected thereby aq a 243 4 condition of its becominq effective.

5

SECTIoN IV.

251

6

TAXATIoN ~oWE~ OF COUNTY ANJ MUN I CI fJAL GOVERN.'.IENTS

25'2

7

Paragraph 1. EQ.~J:...-llL taxatiQn.

(a)

The 255

8 governing authority of any county, municioality, Qr 256

9 combination thereof may exercise the power of taxation ~q 257

10 authorized by this Consti tution or by L'lw.

II

(b) rhe gove~ning authority Qf ~ny county, 259

12 municioality, or combination then~of m;y exoend public fundq 260

13 to perform any public service or public function as 261

14 authorized by this Constitution or by law or to aerfor" 'lny

15 other service or function as authorized bY this CQnstit'Jtion 262

16 or by general law.

17

(c) No levy need state the particular purooseq for '264

18 which the same was made nor shall any taxes collected be 215

19 allocated for any particular ourpose, unlqqs ot~erwise 21:'

20 provided by this Constitution or by law.

21

SE~TION V.

21.;1

22

LIMITATION ON LOCAL DEBT

270

23

Paraqraph I. Debt limitations gf ~~ 271

24

municip~lities~ and other Qolitical subd1Y1~. (a) The 2H

25 debt incurred by any county, municipality. or other 275

26 political SUbdivision of this state shall never exceed 10 27 percent of the assessed value of all taxable property 276

28 therein; and no such county, municipality, or oth~r 277

29 political subdivision shall incur any new debt wit~olJt the 273

30 assent of a majority of the qualified voters of such

31 subdivision voting in an election held for that purpose as

32 provided by law.

- 8 ...

(b) Notwithstanding subparagraph (3) of t~is 281

2 Paragraph, all local school systems l"hich ar~ Authorizp.d hy 282

3 law on June 30, 1983, to incur dp.bt inp.xcess of 10 percent 281

4 of the assessed value of all taxablp. property therein shall

5 continue to be authorized to incur such debt.

6

Para~raph II. Sgecial distLi~aQt. Within the

7 debt limitations as to amount provided for in Article IX, 8 Section V, Paragraph I, any county, municipality, or

9 combination thereof may incur debt on behalf of any soecial

10 district created pursuant to Paragraoh V of Section II of 28;l

11

this ~rticle. Such debt may be incurred on behalf of such 290

12

special district where the county, municip~lity, or 291

13 political subdivision shall have, at or before the time of 2n

14 incurring bonded indebtedness, provided for the assessmp.nt

15 and collection of an aAnual ta~ within the special district 291

16 sufficient in amount to pay the princioal and intp.rest of 294

17 said debt witnin 30 years from the incurrence thereat; and 295

18 no such county, municipality, or ot~er political subdivision

19 snaIl incur any debt on behalf of such special district 29.) 20 without the assp.nt of a majority of the qualified voters of 297

21

such district voting in an ele.ction held for th'lt ollroose as 29;~

22 provided by law. The proceeds of the tax collected as 29;l 23 provided herein shall be olaced in a sinking fund to Je used

24 exclusively for the purpose of retiring such debt.

300

25

Paragr30h III.

El.UUlli11J:l1L of Qlltstandino 302

26 indebtedness. rhe governing autnoritv of any cOlmty, 303

27 municipality, or other political subdivision 0f this state 304

28 may provide for the refunding of outstanding bonded 29 indebtedness without the necp.ssitY of a referendum ~etnq 'l0:)

30 held therefor, provided that neither the term af the 3 Ch

31 origin31 debt is p.xtended nor the intp.rest r3tp. af thp. 307

32 original debt is increased. The principal amou~t of anv

33 debt issued in connection with such refunding may exc3ej the 309

34 principal amount being refunded in order to reduce the total 30:) 35 principal and interest payment requirements oYp.r the 311

- 9-

remaining ter~ of the ori~inal i~sue. [he proceed5 of the 310

2

refunding issue shall be used solely to retire the orl1ln~1 311

3 debt. The ori]inal debt refunded shall not constitute debt 312

4

within the meaning of Paragr~~h I of this section.

5

Paragraph IV. Ell~Q..O.L-t.!:L debt li.!l!.U..1.t..i.2.o.s.. ~11

6

Notwithstandin1 the debt limitations provided In p~rn7r~nh T 11'1

7 above and without the necessity for a referendum bei~1 held 116

8

therefor. the governing authority of any cou~tv, 117

9 municioality, or other oolitical subdivision of this st~te

10 mayr
I'
12

(I) Incur debt not to excpp.d onp.-fi fth of

3):)

percent of the assessp.d value of all taxable 12,)

13

property therein to suoply castlal deflcienciec; in

14

revenue.

15

(2) Accept and use funds 1rante~ by ~nrl 3?2

16

obtain loans from the federal government or any 121

17

agencv thereof pursuant to conditions imposed bv

18

federal law.

19

(3) Incur debt in order to pay in w~ole or in 32'5

20

part the cost of property valuation and 326

21

equalization orograms for ad valorem tax ourooses.

22

(4) Incur debt by obtaining temoorarY lo~ns 12 '3

23

in any calendar year to pay expenses for SfJC~ yeAr, .1V

24

provijed that the aggregate amount of all c;uch 1.10

25

loans outstanding ShAll not be in exce5S of the

26

total anticioated revenue for such year and that 111

27

there is no loan outstanding which was mAde in ~ny

28

prior year under the provisions of this oar~9raoh.

29

All such loans shall be oayable on or before one

30

year from the date on which incurred.

31

Paragraph V. Leyv of-~-12-~ondsl sinkin2 115

32 fund required. Any county, municipality, or other oolitici'll 115

33 subdivision of this state shall at or before the time of 137

34

incurring bonded indebtedness provide for the n~sec;sment and 1 13

35 collection of an annual tax sufficient In amount to oay the 119

- 10 -

1"----.....

principal and interest of said debt within 10 v~ars from th~ ~J ~

2 incurring of such bonded indebtedness. The proceeds Qf this 348

3 tax, together with any other amount collected for this 341

4 purpose or for the purpose of retiring such bonded 342

5 indebtedness, above the amount needed to oay the orincio'31

6 and interest 0n such bonded indebtedness due in th~ year of 341

7 such collection shall be pl'3ced in a sinking fund to b~ used 344

8 exclusively therefor and shall be kept separate and a08rt 34'5

9 from the other revenue collected. Monevs in t~e sinking 346

10 fund may be invested and reinvested as provided by law.

11

Paragraph VI. validity of prior bond i~~. Any 34~

12 and a 11 bond issues validated and i !'lsued orior tn June 30, 349

13 1983, shall continue to be valid.

14

SECTION V I.

352

15

REVENUE BONDS

353

16

Paragraph I. Rft~~oQds; general -limit1i1QDS. 356

17 Any county, mrmicipality, or other political subdivi5ion of 357

18 this state or public authority may issue revenue honds as 35'3 19 provided by general law. The debt represented by revenue 35;>

20 bonds shall be repayable only out of the revenue jerived

21

from the project and shall not be deemed to be a debt of th~ 36)

22 issuing political subdivision. No such issuing oolitical 361

23 subdiVision shall exercise the power of taxation for th~ 362

24 purpose of paying any part of the principal or int~r~st of 363

25 any such revenue bonds.

26

Paragraph II. Reyenue bonds; ~~al- limitatiQD5. 365

27

Any county, munici~ality, or other political subdivision of 3M

28 this state may issue revenue bonds in order to buv, 367

29 construct, extend, operate, or maintain gas or electric 363

30 generating or distribution systems and all necessary

31

appurtenances thereof but only atter a majority VQt~ at an

32 election held tor that Duroose in the same manner as it

33 incurring debt. Where such revenue bonds are issuei for

34

this ourDose and the gas or electric gener~ting or 371

- 11 -
(\i)

distribution sY5te~ extends beyond the limits of the county 372

2

in which the or ~unicipality other oolitical slIhdivisi,:>n is 371

3 located. then its services rendered and orooertv located

4 outside said county shall be s'~Ject to taxation and 374

5 regulation in the same manner as are orivately owned and 375

6 operated utilities.

7

Paragraph III. ua~lQQmani---2uthQLit1AS. The 377

8

development ot trade. co~merce. industry. and e~ploy~ent 378

9 opportunities oeing a public purpose vit'31 to t'1e ,,,,,,lfare of 379

10 the people of this state, the General Assembly may create 380

11 development authorities to promote and further such purooses

12 or may authorize the creation of such an authority bY Any 381

13 county or municipality or combination thereof under s,~h 382 14 uniform terms and conditions as it may deem necess3ry. The 383

15 General Assemblv may exempt from taxation develnoment 384

16 authority obli1ations. properties. activities, or income And

17 may a~thorize the issuance of revenue bonds by sl~h 385

18 authorities which shall not constitute an indebtedness of 386

19 the state within the meaning of Section V of this article.

20

Paragraoh IV. yal1dation. The General A~sembly 383

2\ . shall provide for the validation of any revenue bonds 389

22 authorized and shall provide that such validation shi'lll 391

23 thereafter be incontestable and conclusive.

24

Paragraoh V. validity of QLiQ~ reyenye ~ 392

25 ~5.. All revenue bonds issued and validated orior to, 393

26 June 30, 1983. shall continue to be valid.

- 12 -

PROPOSED COUNT'{ HOME RULUll.I.UIE

10

2

"23-1017. Home rule for counti~s. (8)

Thp 13

3

governing authority of ~Ach county sh~11 have 14

4

legislative power to adoot ordinnnc~s, resolution~, or

5

regulations relating to its oroperty, affairs, or local 15

6

government for which no provision has bgen m9d~ by 16

7

general law and which are not inconsistent with th~ 17

8

Constitution or any local law aoplicable ther9to. Any

9

such local law shall remain in force and effect until 18

10

amended or repealed as orovided in subsection (b) of 19

II

this Code section. The General Assembly shall not pASS

12

any local law to repeal, modify, or supersede any 9ction 20

13

taken by a county governing authority under this Code 21

14

section, except as authorized under Code Section 22

15

23-1018.

16

(b) Except as prOVided in Code Section 23-1018, 9 24

17

county may, as an incident of its home rule oower, 9mend 25

18

or repeal the local Acts anplicable to its governing 26

19

authority by followin1 either of the procedures

20

hereinafter set forthl

21

(I) Such local Acts I"1ny lJP. amended or 28

22

repealed by a resolution or ordinance duly adopted 29

23

at two regular consecutive meetings of the county

24

governing authority not less than seven nor more 30

25

than 60 days apart. A notice containing 3 synopsis 31

26

of the proposej amendment or repeal sh911 be

27

published in the official county organ once a we9k ,2

28

for three weeks within a oeriod of 60 days 13

29

immediately preceding its final adootion. Such

30

notic~ shall state that a COPy of the nro~osed

31

amendment or repeal is on file in the offtce of the

32

clerk of the superior court of the county for the

B

purpose of examination and insoection oy the ,6

34

public. The Clerk of the suoerior court shall

35

furnish anyone uoon written request 3 cony of the ,7

- 1-


proposed amendment or reDeal. No amendment or 18

2

repeal hereunder shall be valid to change or reDeal

3

an allendment adopted pursuant to a referendu'11 s!,;

4

provided in oara~raoh (2) of this subsection or to 4()

5

change or repeal a local Act ~f the Gener~l

6

Assembly ratified in a rl'lferpndum bv thp p.lectors 41

7

of such county unless at least 12 mont'"ls have 42

8

elapsed atter such referendum. ~o amend'11ent

;;

hereunder shall be valid if provision has bpen made 41

10

therefor by general law.

.11

(2) Amendments to or repeals of such local 45

12

Acts or ordinances, resolutions, or re~ulations 46

13

adopted pursuant to subsection (a) hereof may be

14

initiated by a petition filed With the judlP. of the 47

15

probate court of the county containing, in cases of 49

16

counties with a population of 5,000 or less, thp.

17

signatures of at least 25 oercent of the electors 49

18

registered to vote in the last general elp.cti~n, 1'1 50

19

cases of counties With a population of l10re than

20

5,000 but not more than 50,000, at least 20 percent 51

21

of the electors registered to vote in the last 52

22

general election, and in cases of a county With a

23

population of more than 50,000, at least 10 oercp.nt 51

24

of the electors registered to vatp. in the last

25

general election, which_petition shall specifically

26

set forth the exact language of the proDosed 55

27

amend'11ent or reoeal. The judge of the prob~tp 56

28

court shall determine the validity of such petition

2";

within 60 days of its being filp.d With the jUdle of 57

30

the probate court. In the event the JUdge of the 5"

31

probate court determines that such petition is 59

32

valid, it shall be his duty to ic:sue the CEllI for 60

33

an election for the ourpose of s l lbrni tUng SIJch

34

amend'11ent or repeal to the registered elp.ct~r5 of 61

35

the county for their aooroval or rejection. Such 62

36

call shall be issued not Ip.ss than ten nor more

- 2-

than 60 days after the date of t~e filing ot the 63

2

petition. He shall set the date at ~uch election

3

for a day not less than 60 nor more than 90 daV5 64

4

after the date of such filing. The judge of the 6'1

5

probate court shall cause a notice of the rlate of t)6

6

said election to be published in the official organ

7

of tne county once a week for thr~e weeks 67

d

immediately preceding such date. Said notice shall

9

also contain a synopsis of the proposed a~endm~nt 69

10

or reoeal and shall state that a CODY thereof is on 69

.11

file in the office of the judge of the orobate 70

12

court ot the county for the purpose of examination

13

and inspection by the public. The judge of the 71

14

probate court shall furnish anyone un on written 72

15

request a copy of the proposed amendment or reneal.

16

If more than one-half of thp. votes cast on sllch 73

17

question are for approval of thp. amendment or 74

18

repeal, it shall become of full forca and eft act;

19

otherwise it shall be void and of no force and 75

20

effect. The expense of such election s~all be 76

21

borne by the county and it shall be the duty of the

22

judge of the probate court to hold and conduct such 77

23

election. Such election shall be held und()r the 7,9

24

same laws and rules and regulation5 as ~overn

25

special elections, exceot as otherwise providad 79

26

herein. It shall be the duty of the Judge of the

27

probate court to canva5S the returns and declare 80

28

and certify the result of the election. It 5hall 81

29

be his further duty to certify the result thereof

30

to the Secretary of State in A~cordance with the 82

31

provisions at Code Section 23-1020. A referendum 83

32

on any such amendment or receal shall not be helj

.13

more otten than once each year. No amendment 34

34

hereunder shall be valid if provision has been ~ade 3'1

35

th~retor by ~eneral law.

- 3-

I~ the event that the judge of the nrobate 37

2

court determines that such petition was not v31id. 83

3

he sh'311 causp. to ~e pUblished in exnlicit detail

4

the reasons why such oetition is not v~lid; 89

5

proviJed, however, that. in any oroceeiin0 in w,icn 90

6

the validity of the oetition is at i""IJe, the

7

tribunal considering suc~ issue s,al1 not be ')1

13

limited by the reasons i'lssi?ned. Such nublicatinn n

9

shall be in the official organ of the county in the

10

week immediately follo',lin:;J the date on w,ich such 91

II

petition is declared to be not valid.

12

23-1018. Limitations on home rule for cOlJnties. 95

13

[he power granted to counties in SUbsections (al '3nrl (h) 96

14

of Code Section 23-1017 shall not be construed to e xtenrl 97

15

to the following matters or any ot~P.r mAtters ''ihich the 98

16

General Assembly by general li'lw has preempted or may

17

hereafter preemot, but such mi'ltters shall be the subject 99

18

of general law or the subject of local Acts of the 10J

19

General Assembly to the extent that the enactment of

20

such local Acts is otherwise oermitterl under the 10\

21

Consti tution:

22

(a) Action affecting any elective county office, 103

23

the salaries thereof. or the personnel thereof, exceot 104

24

tne personnel subject to the Jurisdiction of the county 1::>5

25

governing authority.

26

(b) Action changing the comoosi tion, form, 1::>7

27

procedure . for election or aopointment, 'Salary. 103

28

compensation and exoenses, continuance in office, And 1::>9

29

limitation thereon of the members of the county

30

governin~ authority.

31

(cl Action defining any criminal offense or III

32 .

providin~ for criminal ounishment other than to dp.fine 112

33

ordinance Violations for acts which are not '150

34

Violations of the criminal laws of this st3te 3nd to 11 "3

35

impose a fine not to exceed 51,000.00 for each such 114

36

violation.

- 4-

(d) ActiQn adootinq any for~ ~f taxatio~ 0evo~d 115

2

tnat autnorized by the Constitution or bv lAW.

11 7

3

(e) ~ction affecting the exercise of th~ pow~r of 11 :)

4

ellinent dOllain.

5

(f) Action exoandinq the county's

ot 121

6

re~ulation over any business activity regulated bv the 122

7

Georgia PU:Jlic'Service CO"lmission beyond ti-tat allt')orized 121

d

bv the Constitution or by general or local law.

9

(g) ,,"ction affectinq any cOlfrt or th~ Der5n,~nel 125

10

thereof.

II

(h) Action affecting any public sc~nQ; 5yst~~.

127'

12

23-1019. Salary. compensation, And exoenses or IV

13

county employees; how f i xp.d. PIe qov~rninq authori tv nf 11)

14

each county is authorized to fix the sAlary. I 11

15

c')mpensation, and exoenses of those ~"loloy~d ")'1 sIIe')

16

governing autnority and to estAblish ani m3intain 132

17

retirement or oension systems, insurance, w~r~ers' 111

18

cOllpensation. and hosoitaliz~tion benefits for said

19

employees.

20

23-1020. Filing and oublication of laws. No 13')

21

amendllent or revision of any locil Act madA DurC;l'.:mt to 115

22

this law. exce;:lt tor local Acts adooted bv the Jeneral 137

23

Assembly. s'1i111 become effective until a coov of such

24

amendment or revision, a CODy of the re1uired notice of I V~

25

oublication. and an affidavit of a dulV'luthorized 11,;J

26

representative of the newspaper in which such notice wac; 14:J

27

Dublished. to the effect that said notice has bFen

28

pUblished as provided ih this law, has been filed with 141

29

the Secretary of State and the office of the clerk of 142

30

the superior court of the county. The SecrAt3rv of

31

State shall provide for the publication and distriblftinn ILl'3

32

of all sucn amendments and r~visions at least an~uallv. 1.11-

13

23-1021. Le1islative intent.

It

is

h~rebv

1.1")

34

declared t~ bA the intention of thA GAnp.ral AS5A"lhly 147

35

that this ldw is a aeneral law within thA mP,i1nin7 of 14-j

36

Article I. Section II. Paraaranh VIr of thp.

- 5-
@

Constituti~n; and no local laws shall be enactprl on 14,)

2

sUbject i!l1tters over which counties "lr~ But"lOrizpd to ISJ

3

act pursuant to -this law. Anv provision of any local

4

Act apolicable to the cOlmty C1over:1ing authori tv 151

5

heretofore enacted covering subject matters over which IS:?

6

counties are authorized to act pursuant to thi~ law

7

shall be a~ended, modified, superseded. or repealp~ onlv IS1

8

in accordance with subsection (b) of Code Section 1St

.;

23-1017. It is further declared to be the intention of IS')

10

the General Assembly to vest general powere; I:) thp

II

governing body of each of the counties of this state, IS6

12

such powers to be in addition to, or cumulativp of, 157

13

t~ose which any county may now have under its local law

14

or any other special or general law."

15i

- 6-

PROPOSED MUNICIPAL HOME RULE-llAIlllE

10

2

"69-1017. Home rule for municipalities. (a) The 13

3 governing authority of each municipality shall have 14

4 legislative power to adoot ordinances. resolutions. or 15

5 regulations relating to its property. affairs. or local 6 government for which no provi s ion has b.een ml'lde by general 16

7 law and which are not inconsistent With the Constitution or 17

8 any charter provision applicable thereto. Any such charter 18

9 provision shall remain in force and effect until amended or

10 repealed as provided in subsection (b) of this Code section. 19

II The General Assembly shall not pass any local law to renenl. 20

12 modify. or supersede any action taken by a municipal 21

13 governing authority under this Code section. exceot as

14 authorized under Code Section 69-1018.

22

15

(b) Except as provided in Code Section 69-1018. a 24

16

municipality may. as an incident of its home rule power. 25

17

amend its charter by following either of the procedures 26

18

hereinafter set forthl

19

(I) Municipal charters may be amended by 28

20

ordinances duly adopted' at two regular consecutive 29

21

meetings of,the municipal governing authority not

22

less than seven nor more than 60 days ~part. A 30

23

notice containing a synopsis of. the proposed 31

24

amendment shall be published in the official' organ

25

of the county of the legal situs ot the 32

26

municipality or in a newspaper at Jeneral 13

27

circulation in the municioality once a week tor

28

three weeks within a period ot 60 days i~mediately 34

29

preceding its tinal adoption. Such notice shall 35

30

state that a copy of the proposed amendment is on

31

file in the otfice of the clerk or the recording 36

32

officer of the municipal governing authority and in 37

33

the ott ice at the clerk of the superior court ot

34

the county of the legal situs at the municioality 38

35

for the purpose of examination and insoection by 39

- I-

the public. Th~ recording officer of the municipal 39

2

governing authority shall furnish anyone upon 40

3

written request a copy of the proposed amendment.

4

No amendment hereunder shall be valid to change or 41

5

repeal an amendment adopted pursuant to a 42

6

referendum as provided in paragraph (2) of this

7

subsection or to change or receal a local Act of 43

8

the General Assembly ratified in a referendum as 44

9

provided in paragraph (2) of this subsection or to

10

chan~e or repeal a local Act of the General 45

.11

Assembly ratified in a referendum by the electors 46

12

of such municipality unless at least 12 months have

13

"'0 . elapsed after such referendums.

amendment 47

14

hereunder shall be valid if provision has b~en made 48

15

. therefor by general law.

16

(2) Amendments to such charters or amendments 50

17

to or reoeals of such ordinances, resolutions, or 51

18

regulations adopted pursuant to subsection (a) 52

19

hereof may be initiated by a petition filed with

20

the governing authority of the municipal1 ty 53

21

containing, in cases of municipalities with a

22

population of 5,000 or less, the signatures of at 54

23

least 25 percent of the electors registered to vot~ 55

24

in the last general municipal election, in c~ses of

25

municipalities with a population of more than 5,000 56

26

but not more than 100,000, at least 20 percent of 57

27

the electors registered to vote in the last general

28

. municipal election, and in cases of a municioality 58

29

with a population of more than 100,000, at least 15 59

30

percent of the electors registered to vote in the

31

last general municip~l election, which petition 60

32

shall specifically set forth the exact l~nguaqe of 61

33

the proposed amendment or rep~al. T"le governing

34

authori ty shall determin~ the vCll1di ty of c;llch 62

35

petition within 50 days of its filing with the 6"3

36

governing authority. In the event the ~overning

- 2-

authority determines that such petition is valid, 64

2

it sh811 be the duty of such authority to issue the 65

3

call for an election for the purpose of submitting

4

such 8mendment or repeal to the registered electors iS6

5

of the municipality for the.! r approval or 67

6

rejection. Such call shall be issued within one

7

week 8fter the determination of the validity of the 68

8

petition. The governing authority shall set the

9

date of such election for a day not less th8n 14 69

10

nor more than 30 days after the date of the 70

.11

issuance of the call The governing authority

12

shall cause a notice of the date of said election 71

13

to be published in the official organ of the county 72

14

of the legal situs of the municipality or in a

15

newspaper of general c lrculat ion in the 73

16

municipality once a week for two weeks immediately

17

preceding such date. Said notice shall also 74

18

contain a synopsis ~f the proposed amendment or 75

19

repeal and shall state that a coPy thereof is on

20

file in the office of the clerk or the recording 76

21

officer of. the municipal governing authority and in 77

22

the office of the clerk of the superior court of

23

the county of the legal situs of said municipality 78

24

for the purpose of examination and inspection by 79

25

the public. The recording officer of the municipal

26

governing authority shall furnish anyone upon 80

27

written request a copy of the proposed amendment.

28

If more than one-half of the votes cast on such 81

29

question are for approval of the amendment or 82

30

repeal, it shall become of full force and effect;

31

otherwise It shall be void and of no force and 81

32

effect. The expense of such election shall be 84

33

borne by the municipality .and it shall be th'! duty

34

of the governing authority to hold and conduct such 85

35

election. Such election shall be held under the 86

36

s.ame laws and rules and regulations as govern

- 3-

special elections of the municipality. exceot as 87

2

otherwise provided herein. It shall be the duty of 88

3

the governing authority to canvass the returns and

4

declare and certify the result of the election. It 89

5

shall be the further duty of the governing 90

6

authority to certify the result thereof to the

7

Secretary of State. A referendum on any such 91

8

amendment or repeal shall not be held more often

9

than once each year. No amendment hereunder shall 92

10

be valid if provision has been made therefor by 93

11

general law.

12

In the event that the governing authority 95

13

determines that such petition is not valid. it 96

14

shall pUblish in explicit detail the reasons why

15

such oetition is not valid' provided, however, 97

16

that, in any proceeding in which the validity of 98

17

the petition is at issue, the tribunal considering

18

such issue shall not be limited by the reasons 99

19

ass igned. Such oUblication shall be in the

20

ofti.cial organ of the county of the legal situs of 100

21

the municipality or in a newspaper of general 101

22

circulation in the municipality in the week

23

immediately following the date on which such 102

24

petition is declared to be not valid.

25

69-1018.

Limi tat ions on home rule for 104

26

municipalities. The power granted to municipalities in 105

27

subsections (a) and (b) of Code Section 69-1017 shall 106

28

not be construed to extend to the following matters or

29

any other matters which the General Assembly by general 107

30

law has preempted or may hereafter oreempt, but such 108

31

matters shall be the subject of general law or the

32

subject of local Acts of the General Assembly to the 109

33

extent that the enactment of such local Acts is 110

34

otherwise permitt~d under the Constitutionl

35

(a) Except as authorized in Title 34A of the Code .112

36

of Georgia, action changing the composition, form, 113

- 4-

procedure for election or appointment, continuance in 114

2

office, and limitation thereon for the members of the

3

municipal governing authority.

4

(b) Action defining any criminal offense or .J 16

5

providing for criminal punishment other than to define 117

6

ordinance Violations for acts which are not also

7

violations of the criminal laws of this state and to .118

8

prescribe penalties for such ordinance violations.

.119

9

(c) Action adopting any form of taxation beyond 121

10

that authorized by the Constitution or by law.

122

.II

(d) Action affecting the exercise of the power of 124

12

eminent domain.

13

(e) Action expanding. the munic ipal ity's power of 126

14

regulation over any business activity regulated by the 127

15

Georgia Public Service Commission beyond that authorized 128

16

by the Constitution or by general or local law.

17

(f) Action affecting any court or the personnel 130

18

thereof, except any municipal ~ourt haVing jurisdiction 131

19

over municipal ordinances.

20

(g) Action changing charter provisions relating to t ,3

21

the establishment and operatlons of an independent 134

22

school system.

23

69-1019. Salary, compensation, and expenses of 136

24

municipal employees and members of the municioal 137

25

governing authority; how fixed. (a) The governing 138

26

authority of each municipality is hereby authorized to

27

fix the salary, compensation, and expense~ of its 139

28

municipal employees and members of its municipal

29

governing authority and to provide insurance, retirement t 41

30

and pension benefits, coverage 'under federal old-~ge and

31

survivor's insurance programs, hospitalizat ion benefi ts, 142

32

and workers' compensation benefits for its employees and 143

33

their dependents and survivors, prOVided that any action 144

34

to increase the salary or compensation of the elective

35

members of the municipal governing authority shall be 145

36

sUbject to the followinJ conditions and reauirementsl

146

- 5-

(1) Any such increase shall not be effective 148

2

untl1'after the taking of olfice of those elected 149

3

at the next re~ular municipal election which is 150

4

held immediately following the date on which the

5

action to increase such compensation was taken; and 151

6

(2) Such action shall not be taken during the 151

7

period of time beginning with the date that 154

8

candidptes for election to membership on the

9

municipal governing authority may first qualify as 155

10

such candidates and ending with the date members of 156

.11

the municipal governing authority take office

12

following their election; and

157

13

(3) Such action shall not be taken until 159

14

notice of intent to do so has been pUblished in a 160

15

newspaper of general circulation designated as the

16

legal organ in said county and in such municipality 161

17

at least once a week for three consecutive weeks 162

18

immediately preceding the week during w~ich such

19

action is taken.

20

(b) As used in subsection (a) of this Code 164

21

section, the phrase 'elective members of the municioal 165

22

governing authority' means, notwithstanding any

23

terminology or designatlon pf a municipal governing 166

24

authority or governing body contained in any municipal 167

25

charter, any elective municipal official who exercises

26

any executive or legislative or executive and 168

27

legislative powers of the municipality, specifically 169

28

including a mayor, vice-mayor, president or chairman of 170

29

a city council, member of a city council, member of a

30

board of aldermen, or member of a board of 171

31

commissioners. Such phrase shall also include any 172

32

person who is aopointed to fill a vacancy in any such

33

elective office.

34

(c) As used in subsection (a) of this Code 174

35

section, the words 'salary or compensation,' as applied 176

36

to the elective members of a municipal governing

- 6-

authority, shall include any expensp. allowance or any 177

2

form of payment or reimbursement of expenses, except 178

3

reimbursement for expenses actually and necec;s~rlly

4

incurred by members of a municipal governing authority 179

5

in carrying out their official duties; and thp. governing 180

6

authority of each munic ipal1 t y sha 11 be authori zed to 181

7

provide by ordinance for the reimbursement of such

8

actual and necessary expenses.

9

69-1020. Filing and publication of laws. No 183

10

amendment or revision of any charter made pursuant to 184

11

this law, except for local Acts adopted by the General 185

12

Assembly, shall become effective until a copy of such

13

amendment or revision, a copy of the required notice of 186

14

publication, and an affidavit of a duly authorized 187

15

representative of the newspaper in which such noticp. was 188

16

pUblished, to the effect that said notice has been

17

published as provided in this law, has been filed with 189

18

the Secretary of State and the officp. of the clerk of 190

19

the superior court of the county of the legal situs of

20

the municipality. The Secretary of State shall provide 191

21

for the publication and distribution of all such 192

22

amendments and revisions at least a~nually.

23

69-1021. Legislative intent. It is hereby 194

24

declared to be the intention of the General Ac;sembly 195

25

that this law is a general law within the meaninq of 196

26

Article I, Section II, Paragraph VII of the

27

Constitution; and no local laws shall be enacted on 197

28

subject matters ovp.r which municipalities are authorized

29

to act pursuant to this law. Any provision of any 198

30

municipal charter heretofore enacted covering subject 199

31

matters over which municipalities arp. authorizp.d to act 200

32

pursuant to this law shall be amended, modified,

33

superseded, or repealed only in accordance with 201

34

subsection (bl of Code Section 69-1017. It is further

35

declared to be the intention of the General Assembly to 202

36

vest general powers in the governing body of p.achof the 203

- 7-

incorporated municipalities of this state, such powers 204

2

to be .in addition to, or cumulative of, those which any

3

municipality may now have under its charter or any other 205

4

special or general law. U

- 8-

OTHER RECOMMENDATIONS

5

2

Paragraph VII. Genera) laws; uniform --2peration; 8

3 how varied. Laws of a ~eneral nature shall have uniform 9

4 operat1on throughout th1s state and no local law sh~ll bp. 10

5 enacted 1n any case for wh1ch prov1sion has been made by an .11

6 ex1st1ng general law, except that the GP.neral Assembly may

7 by general law authorize local governments by local 12

8 ord1nanca or resolution to exerc1se police powers which do 13

9 not confl1ct with general laws.

ARTICLE III. SECTION VIr. pARAGRAPH XII I

5

2

No pooulation bill, as the General Assembly sha 11 9

3 define by general law, shall be passed. No bill us i ng 10

4 classif icati on by population.as a means of determining the J I

5 applicabili ty of any bill or law to any pol! tical

6 subdivision or group of politi.cal subdivisions may expr"!ssly 12

7 or impliedly amend, modify, suoersede, or repeal the gp.Mral 13

8

law defining a population bill.

--

"Section 47-1501. (a) Except as hereinAfter 16

2

provided, 'population bill' means Any bill using 17

3

classification by population as a mp.ans of determining

4

the applicability of any bill or law to any political 18

5

subdivision or group of political subdivisions of the 19

6

state. 'Popul atlon bi 11' shall not include the 20

7

following'

B

(I) A bill containing a combinatif')n of 22

9

population classifications which includes the 23

10

population of all political subdivisions of the

II

state including but not limited to 5tate-wide 24

12

minimum salary bills.

13

(2 ) A bi 11 classifying all Doli tical 26

14

subdivisions below a certain population.

15

(3) A bill classifying all nolitical 28

16

subdivisions above a certain population.

17

(4) A bill classifying on the basis of the 30

18

popu19tion of stl'lndard metropoli tan statisticAL 31

19

areas.

20

(5) A bill amending a law which classifies on :n

21

the basis of population and is continued in force 34

22

and effect by the 1982 Code of Georgia.

23

(6) A bill which only repeals a law or laws 36

24

classifying on the basis of population.

25

(b) Nothing in this section shall be construed to 38

26

invalidate any Judicially imposed requirements for Acts 39

27

classifying on the basis of popu.lation but which are 40

28

otherwise excluded from the definition of 'population

29

bill' under paragraphs (I) through (5) of subsection (a) 41

30

of this section.

31

(c) As used in subsection (a) hereof, 'political 43

32

subdivision' means any county or municipality or county 44

33

school district or independent school district or 45

34

Judicial circuit. militia district, or other

35

geographical area of the state which does not include 46

36

the entire area of the state.

(d) This Act is passed pursuant to the ~uthority 48

2

of Article III, Section VII, Paragraph XIII of the 49

3

Constitution; and no bill using cla~sification by 50

4

population as a means of determining the applic3bility

5

of any bill or law to any political subdivision or grouo 51

6

of political subdivisions may expressly or imoliedly 52

7

amend, modify, supersede, or repeal this Act."

PRESENT CONSTITUTION

.U~UCI.E .II.

4627

2

COUI%IBS AID !UH~C.IPAL COiPOBAX.IOHS

4628'

3

SECT~OH .I.

COIJHTIES

4631

5

Paragraph

~.

~2!lnties a Corporate BodIj 4635i





._

M_

~ __ ._

6 lloqndarie. Bach county sAa~l be a body coq)orate lIith such 4636

. ...

-.

.-

7 powers ana liAitations as are prowided in tA4S Constitution

8 and as prescribed by lall. A~~ suits by or ayainst a county 4638;

9 s hall be in the nallle thereof. and the lIIetes and boullds of

10 tbe several counties shall remain as nOli prescribed by lall* 4640'

.-.

.

11 Illl1ess changed as Aereinafter prowided.

4642

12

Raragraph ~~. ~er Limited. There shall Ilot be 4645

... -
13 aore than one hundred and fifty-nine counties in th4s State.

14

Paragraph ~~.I. Jew Counties Perm.tted, When. Ho 46481

15 nell count1 shall be created e.xcept by the consolidation OJ:; 4649

16 merger of existing counties.

46511

17

County Line. County lines shall 465111

....

_.

18 not be changed, unless under the operation of a general law

19 for tha t pUJ:pose.

4656

20

Paragr aph V. 2Yaty Sites Chanyedj !ethod. No 46591

21 county site shall be changed or removed, e.xcept by a

22 two-thirds vote of the qualified voters of the county,

23 voting at all election held for that puc&lose and by a

24 majorit1 vote ot the General Assembly.

4663

25

Paragraph

VI.

County Government Uniformj 4666

26

~JCeption. Whatever tribunal. or officers, may be created

-. 27 by the Generai Assemblj for the transaction of county 466i1

-, 28 matters. shall be uniform throughout the State. and of the 4668

29

same name. j~risdiction. and remedies. except that th"e 4669

30 General Assembly lIIay provide for County Commissioners in any 4670

31 :: ounty. may abolish the office of County Trttasurer in any 4671

- 129 -

( -.-..." ~\ )\

county. mal fix the compensation of County TreasULers. and 4672

2

may CdDSo~idate the offices of Tax Receiver and Tax 4673

J Collector into the office of Tax COllmissiouer. and may fix 4674

4 his compensation. without respect to uniformity.

4675

5

faragraph VIX. Power to CJ;eate County

-.

6

The. General Assembly sha~l have power to

- ..
7 pDOyide for the creation of county co.missioners in sUCh

8 counties as may require them. and to define their dllties.

9

faragraph YX.II. ~Y Officersj El~ctionj Teraj 4683

10 I!l!!oyalj Eligibilill. The county officers shall be elected 4684

11 by the qualiLied voters of their respective counties or 4685

12 districts. and shall hold their office for four years. They 4686
..
13 shall be removed upon conviction for malpractice in officei 4687

14 and no person shall be eligible for any of the offices 4688

15

referred

to

.. in

this

faragraph

unless

he

shall

have

been

a

4689

16 resident OL the county for two years and is a qualified 4690

17 voter.

4691

18

faragr aph Xl. ~heriffsj gl1alif,J,catioQs.

4693

19 pDOyision

this Constitution to the contrary 4694

20 notwithstanding. every sberiff shall possess the

21 qualifications required by general law as mLniaum standards 4695

22 and training for peace officers. The GeDera~ Assembly is 4696

23 hereby authorized to provide by law for higher

24 q ualificaticns tor sheriffs. The provisions of this
.'-
25 Paragraph sAall not apply to any sheriff in office on 4698

26 January 1. 1977.

4699

27

faragraph x. ~ensatioD of County Officers. 4701

..
28 Coullty officers may be on a fee basis. sa~ari basis, or fee 4702

29

basis su~pl~menied by salary. in such aanner as may be 4703

JO d itectec1 by law.

31

Paragraph IX Uetbod of Coynty~gsolidatioD, 4706

..

32

!~g~, or Divi~!2B. The General Assembly snal~ have powee, 4707

- 130 -

."

CODCQCcaoce O~ aajoc~tz of the ~~a1ified voters 470l

&h~~eon iA each at the counties afected, to ~rovide 47 O~

-
foe t~~ cODs~lidation of two or 1I0re counties into one, or

471.

..

.

the aerger of one or 1I0re counties into another, or the 471

. _.

5

d iv is ion of a c o~ ty, and the lIerger of portions thereof 471;

. ..

.

..

6

into otAer co~ ties; provided, however, upon the filing with 471:

7 t he Judge of tlie Probate Court of any cOllnty of a petition 471 1

8

signed oy not less than twenty per centum (20~) of the duly

9 qualified voteJ:S of such county, seeking such lIerger, 4711

.

. ..

10 consolidation OJ: division, it shall be the duty of such

11 Judge of the Probate court to transmit a certified copy of 471'

12 sw::h petition to each Judge of the Probate COUJ:t of aJ.l 471

..

13

other co~nties affected thereby, and it shall. be the duty of 471'

14 the latter to FIOvide fOJ: the publ.ication of sllch petition, 472

1S a iii t tiny theref J:ClII the names affixed to suco. petition, in 472

16

the n~lIspaper in which the sheriff's advertisements are 472

17 published, once a week for a period of six consecutive 472

18 weeks. If within a period of two years thereafter, a 472

19 petition is pJ:esented to the Jlldge of the Probate Court or 472

20 Judges of the PJ:obate courts of the other county or cOWlties 472

21 affecteQ,' expressing favor or approval uf the original 472

22 petition, signed by not less than twenty per centum (20i) of 472

23

the du~y ~ualified voters voting therein, it shal.l thereupon 472

24 be t~e duty of the Judges of the Probate Courts of a11 such 473

25 counties affected by s~ch petitions, to certify the fact of 473

26 sw::~ petitions to the Governor, IIhose duty it shall then be 473

27 to call immediately an election on the same uay in each such 473

28 .county, to be held not later than sixty (60) days, and not 473

29 sooner than thiJ:ty (30) days, after the filing of the last 473
.. 30 petition, publishing notice thereof once a week for tllO 473

31

weeks in the n~lIspaper in each cOllnty in IIhich sheriff's 473

32 advertiselllents are published. provided, hOllever, that only 47 J

33 one such election shal.1 be called by the Governor within any 473

34 twelve-lIIonth paLiod. 'lhe Judges of the Probate Courts of

35 each county Shall conduct the election, canVass the returns,

- 131 -

1

~nd ce~tify the results the~eof to the Gove~nor, who shall

2

issue his p~oclaaation thereon, and such reslL1ts shall

3

become etfective at such tise as say be prescribed by law, /J74 1

...
but not ~ater than two (2) years following the date of such /JH!

5

election, as heJ:einafte~ ~eferred to. Provided, however, 474'

6

any election held pursuant to the call of the Governor /J7/J"

7

s a h erel1nde~ shall be nl111 and void unless

...
of the

/J7/JI

8

registered voters of the portion or portions of the cOllnties /J7/J~

..

9

afiected shall have voted in said election. Xhe members of /J 751

. ...

...

10

the General lssembly whose districts lie whoLly or partially 475

11

within such counties shall serve out the re~ainder of their 475;

...

12 terms for which elected, and at the Session of the General 475.

.-

.

13

1ssembly next following. s~ch election, the county site shall 4751

.-.

..

1/J be changed by law, without regard to the provisions of 475.

15

Paragraph Y hereof, and the General iSse'bly sha~ likewise /J7S-

16

ptDvide by law for the effective date of sl1ch me~ger, /J751

17

c ODsolida tion or divisio.n, as the case say De, SUbject to /J7 5~

18 the above limitation of two years, and shall prOVide tor the /J761

19

ejection of county officials, whe~e required. The General 476

20 1ssembli sball have power to further implement this /J76;

21

ParaqraFh by law.

/J7 6~

22

SECUOB II.

/J7 6~

23

COURTI HOBE aULB

4761

2/J

Pa~agraph I. HQ.e aule for Counties. (a) The /J771

25

qovecning authority ot each county shall have le~islative

..

.

26

powec to adopt clearly reasonable ordinances, resolutions or /J77

27 reql1lations relating to its property, aitairs and local 477.

28 govern.ent for which no Frovision has been made by general

.. .

I

29

. law and which is not inconsistent with this Constitution, or /J77'

..

30

any local law applicable thereto. lny such local law shall /J77'

31

remain in ferce and eftect until amended or repealed as

32 ptDvided in SUbparagraph (b). This, hovever, shall not /J771

33 restrict the authority of the General 1ssembly by general 477'

- 132 -

1

law to fu~tber define this power o~ to broaden, limit or 4780

.....

2

otherwise reg~late the exe~cise thereof. The Gelie~al 4781

....

..

3 Assellbly sha.H not pass any local lall to repeal, modify or 4782

...
.~

4

supersede any action taken by a co~ty governing a~thority

.,

5

~nder this section except as a~thorized ~nder S~bparagraph 4783

6

(c) hereof.

4784

'-

7

(b) Except as provided in S~bpa~agraph (c), a 4785

8 c cunty may, as an incident of its hOlle r~le power, amend or 4786

9

repeal the local acts applicable to its governing a~~horitJ 4787

10 by following either of the proced~res hereinafter set forth: 4788

11

1. Such local acts lIay be amended or repealed 4790

12

by a resol~tion or ordinance d~ly adopted at two 4791

13

regular consec~tive lIeetings of the county 4792

14

goveming authority not less than seven nor more 4793

15

than sixty days apart. A notice containing a

16

synopsis of the p~oEosed allendment or repeal ~hall 4794

17

be pUblished in the official county organ once a 4795

18

week for three weeks within a period of sixty days 4796

19

immediately preceding its final adoption. Such 4797

,.

.

20

notice shall state that a copy of the proposed

21

amendment or repeal is on file in the office of the 4198

22

clerk of the superior court of the county for the 4799

..

23

puq,ose of examination and inspection by the 4800

24

public . .The Clerk .. of the Superior Court shall

..

25

furnish anyone, upon written request, a copy of the 4801

26

proposed amendment or repeal. HO amendment or 4802

..

27

repeal here~nder shall be valid to change or repeal 4803

28

an amendment adopted pursuant to a referendull as 4804

29

provided in 2. of this Subparagraph or to change or 4805

30

repeal a local act of the General Assembly ratified

31

in a referendum by the elector~ of s~ch co~ntJ 4806

32

unless at least twelve months have elapsed after 4807

33

such referendua. 10 aaendment hereunder shall be 11808

34

valid if inconsistent with anI provision of this 11809

35

constitution or if provision has been aade therefor

- 133 -

by geu e.ral law.

2

2. Am~ndments to or repeals of such local

3

acts or ordinances. .resolutions or regulations

4

adopted pursuant to SUbparagraph (a) hereof may be

5

initiated by a petition filed with the Judge of the 4/315

6

P.r:obate Court of the county containing. in cases of 4816

...

7

counties with a population of five thousand or

8

~ess. the signatures of at least twenty-five per 4817

9

centua of the electors registered to vote in the 4818

10

last general election; in cases of counties vith a 4819

11

Fopulation of more than five thousand but not more 4820

12

than fifty thousand. at least tventy per centum of

13

the electors registe.red to vote in toe last general 4821

14

election. and in cases of a county with a 4822

15

POFulation of more than fifty thousand. at least 4823

16

ten per centum of tae electors reg~stered to vote 4824

17

in the last general election. whicn petition shall

18

specifically set torth the exact la~guage of the 4825

19

proposed amendment or repeal. Tne Judge of the 4826

20

Probate Court shall determine the validity of such 4827

21

petition witain 60 days of its bein~ filed loIith the 4828

-- -

.

--

22

Judge of the Probate Court. In the event the Judge 4829

23

of the Probate Court determines that such petition

24

is valid. it shall be his duty to issue the call 4830

-.-

25

for a n election tor the purpose of subai tting such 4831

--

26

a.endment or repeal to the .registered electors of 4832

27

the county for their approval or rejection., Such 4833

28

call shall be issued not less than ten nor more 4834

29

than si~ty days after the date of tae filing of the

30

petition. He shall set the date of such election 4835

31

for a day not less than sixty nor aore than ninety 4836

32

days after the date of such filin~. The Judge of 4837

33

the Probate Court shall cause a not~ce of the date 4838

34

of said election to be published in the official 4839

35

organ of the county once a veek for three loIeeks

- 134 -

--

immtidiately precediny such date. Said notice shall 4840

2

a~so contain a synopsis of the proposed amtindment 4841

3

or repeal aDd shall state that a co~y thereof is on 4842

4

fi~e in the office of the Judge ot the Probate 4843

.

.

5

Court of the county for the purpose of examination

6

aDd inspection by the public. The Judge of the 4844

'-

7

Probate Court shall furnish anyone, upon written 4845

8

reguest, a copy of the proposed amendment or 4846

9

reFeal. Ir more than one-half of the votes c~st on 4847

10

such

question

are

for

approval

of

the

-.
amendJlent

Or

11

repeal, it shal~ become of full force and effect, 4848

12

otherwise it shall. be void and of no force and 4849

13

efreet. Toe expense of such election shall he 4850

Dorne hy the county and it shall be the duty of the 4851

15

Judge of the Probate Court to hold and conduct such

16

electicn. Such election shall be held under the 4852

17

same laws and rules and regulations as govern 4853

18

specJ4l e~ctions, except as otherwise provided 4854

19

herein. It shall he the duty of toe Judge of the 4855

20

Probate Court to canvass the returns and declare 4856

21

and certify t~e result of ~e elect~on. It shal.l

22

be his further duty to certify the result thereof 4857

23

to the Secretary of State in accordance vith the 4858~

....

24

provisions of paragraph III of this Section. A 4859

25

referendum on any such amendment or repeal shall 4860

.,..

.

26

not be held more often than once each ~ear. No

27

amendment hereunder shall be valid ~f inconsistent ~

28

with any provision of ~is Constitution or if 4862

..

.

29

provision has been Jlade therefor by yeneral law.

4864

30

In the event that the Judge of the Probate 4865

31

Court deterJlines that such petition vas not valid, 4866

32

he shal~ cause to he published in e.ll:plicit detail 4867

33

the xeasons why such petition is not valid: 4868

34

Provided, however, that in any proceeding in vhich 4869

35

the validity of the petition is at issue, the 4870

135 -
(3....'"1""")

c

tribunal cons~derin9 such issue shall not be

2

limited bj the reasons assigned. Such pUblication

,

3

shall be in the official organ of tAe county in the 4872 C

4

week immediately following the date on WhLCh such 4873

5

petiticr is declared to be not valid.

4875

6

(C) Xhe power granted to counties i.n Subparagraphs 4876

7

(a) and (b) above shall not be constr~ed t.o extend to the 4877

..

8 following matters or any other matters whiCh the General 4878

9 Assembly by geDera.j, law has preempted or may hereafter 4879

10 p reellpt. but such lIatters shall be the subject of yeneral 4880

.

.

11 law. or the subject of local acts of the General Assembly to 4881

12 t he extent tllat the enactlle.nt of such local acts is 4882

13 otherwise Fermitted under this Constitution:

48816

14

1. Action: affecting any e.J.ective countj 4885

15

office. the salaries thereof. or the personnel 4886

16

thereof. except the personnel subject to the 16887

17

jurisdict~on of the county governin~ authority.

4889

18

2. Action affecting the com~osition. form. 16891

19

procEdure for electicn or appointment. cOllpensation

20

and expenses and allowances in t.he nature of 4892

21

compensation. of the county governing authority.

4894

22

3. Action defining any criminal offense or 4895

23

providing for criminal punishllent.

4897

211

4. Action adopting any forll of taxation 4898

25

heyoJld that authorized by law or by this 4899

26

Coustitution.

4900

27

5. Action extending the pover of regUlation 4901

28

over any business activity regUlated by the public 4902

29

Service Commission beyond that authorized by local 4903

-

30

or genepal law or by this Constitution.

4904

31

6. Action affecting the exercise of the power 4905

32

of eainent domain.

4907

33

7. Action affecting any court or the 4909

34

personnel thereof.

4910

35

8. Action affecting any pUblic school system. 4911

- 136 -

(d) Tile power granted in Subpara~rat'hs La) and (b) 4913

2 of this Paragraph ~~all not include the power to take any 4914

3 action atfectiDgthe pri va te or civil law governing private 4915

4 or civil relationships, except as is incident to the 4916

5 exercise of an iJldependent governmental power.

4918

6

Le) NothLny in this Parayraph saall aftect the 4919

'-

7

provisions ot Paragrapa ~~ of this Section.

4921

8

Paragraph ll. Salarx of County Employeei Hov 4924

..

. ..

9

til!!. Xhegoverning, authority of each county is aut~orized

,.
10 to fix the salary,. compensation and expenses of those 4925

11 e IIployed by such governing allthority and to establish and 4926

..

..

12 maintain retirement or pension systems, insurance, workmen's 4927

13 C ompe nsation, and hosllitalization benefits for said 4928

14 employees.

4929

15

Paragraph ~~L. filing and Publication of Laws. No 4931

..

16 a mendlleDt or re vision of any local act made pllrsuant to 4933

.

.

17 Paragraph ~ of this Section shall become effective llntil a

18 copy of Sllch ameJldment or revision, a copy 01 the required

19 notice of pUblication, and an affidavit of a duly allthorized 4936

20 representative of the newspaper in which such notice vas 4937

21

published to the effect that said notice has been published 4938

22 as provided in said Paragraphs, has been iled vith the 4939

23 Secretary of State. The secretary of, state shall provide 4940
.-
24 for the llublication and distribution of all such amendments 4941

2S and revisions at least annually.

4942

26

SEcnOH ~~I.

4944

27

aUNICIPAL CORPORAXIONS

4945

28

Paragraph 1.. General AssemblY Authorized to 4948

..

29

~elegate its PoweG. The General Assembly is authorized to 4949

-

-

-

30

provide by law tor the self-government of lI11nicipalities and 4950

...

31

to that end is .hereby eXllressly given tile authority to 4951

32

delegate its povers so that matters pert.aining to 4952

- 137 -

municipal.J.ties maI be dealt with lIithout tile necessity of 4953

2

action by the General Assembly. Any ~dllers granted as 4954

o

0

o

,.

3

pIOvided herein shall be exercised sUbject on~y to statutes 4955

4

of general applicat.ion pertaining to mu~icipalities.

4956

5

SECTION IV.

4958

6

GENEBAL PReVISIONS APPLICABLE TO LOCAL GOVEBN!ENTS

4959

7

Paragraph I.

~onsolidation of Governmeptsi 4963

'0'

8

~ubmission !2-I2i&&. The General Assembly may provide by

9 general lall oftional systems of consolidated county and 11965
.. 10 municipal government, providing for the organJ.zation and the

11

povers and duties ot its officers. Such o~tional systems 11967

12 s ball .becoae effective woen submitted to the qualified 4968

13

voters 0.1 such count! and a.pproved bI a majority ot those

14 woting.

4969

15

ParagrapA 11. ~plemeptarY Powers. In addition 4971

16 to and su!-plementarI of any pOllers now conferred upon and 4973

17

possessed by any county, municipality, or any combination 4974

18 thereof, any county, any municipality and any combination of

o



19

an~ such pclitical subdivisions may exercise the follolling 4975

.. -

20 powers and provide the following services:

4977

21

(1) Police and fire protection.

4979

22

(2) Garbage and so~id lIaste collection and 4980

23 disposal.

4981

24

(3) Public health facilities and services; 4983

25 including hospitals, ambulance, emergency rescue services,

26 aDd aniaal control.

4985

27

(4) Street and road construction and maintenance; 4986

28 including curbs, sidewalks, street lights and devices to 4987

..

29

control the f~ow of traffic on streets and roads constructed 4988

. -.

.

..

30 b}' counties and municipalities or any combination thereof. 4989

31

(5) Parks, recreational areas, programs and 4991

32 facilities.

4992

33

(6) Storm vater and sevage collection and disposal 4994

138

s JstelDs.

4995

2

(7) Develol'ment, storage,

treatment

and 4996

3

purificatioJl and distribution of vate~.

4998

(8) fu~ic housing.

5000

5

(9) O~ban redevelopment programs.

5002

6

. (10) public transportation system.

'-

7

(11) .Libcaries.

5004 5006

8

(12) Teninal and dock facilities and parking 5008

facilities
..
( 13) Building, housing,

p~llllbing, and

electrical

codes.

( 14) lir follution Control.

(15) Planning and zoning, which is the power to

14 provide within their respective jurisdictions for the zoning

15 or districting of such political sllbdivisious for various 5016

16

uses and other or different uses prohibited 4n such zones or 5017

17 districts. to regulate the use for which sa~d zones or 5018

18

districts lIa~ be set apart. aJld to ~egulate the plans for 5019

19 develo!,men.t and improvements on real estate tllerein.

5021

-

20

Except as otherwise provided in this paragraph as 5022

..

21

to planning and zoning, nothing contained vithin this 5023

22 Paragraph shall operate to prohibit the GeJleral Assembly 5024

23

froa enacting general .Laws relative to the above subject 5025

.

.

24

matters or to prohibit the General AsselDbl~ by geJleral law 5026

25

froID regulat~ng, ~est~~cting or ~iaiting the exe~cise of the 5027

..
26 above powers, but, the General Assembly shall not have the 5028

27

a uthority to IIi thdraw an~ such powers. The GeJleral Assembly 5029

28 shall act upon the above subject matters only by general 5030

29

law. ~t poplila tion is used as a basis for classification 5031

30

for the a pp licabili ty of any Act to aJlY political

31

s ubdivision or subdivisions of this state on the above 5032

32 subject matters, the Act sha~~ apply only to political 5033

33 subdivisions of less than a specified population or shall 5034
-.
34 apply to political subdivisions of more tnan a specified 5035

35

population. Tbe General Assemb~y shall not, in any manner, 5036

139 -
oc.-:,\

1

re9ulat~, restrict or limit the pover and authoritl of any 5037

2 county, lIunicipalit1 , or any combination thereof, to plan 5038

3 and zone as herein defined.

5039

.

.

Provided, however, that no City or County mal 5040

5 exercise any such powers or provide any such service herein 5041

6

. listed inside the Doundaries of any other local governments 5042

1 except by contract with the City or County affected unless 5043

8 o therllise pJ:ovided by any local or special lall and no 5044
-
9 existing local or special lalls or provision of this 5045

10 Constitution is intended to be hereby repealed.

5047

11

Each county and municipality, and any combination 5048

12

thereof, shall have the autho~ity to enact ordinances and to 50119

13 contract with each other in pursuance of this Paragraph and 5050

for the pUJ:pose of carrying out and effectuating the pOllers 5051

15 herein conferred upon such political subdivisions and in 5053

16

0 aler to pLovide such services. Any countA , municipality,

..

11

and any combination thereof, or the General Assemb~l, may 5054

18

provide for the creation of special districts IIithin which 5055

19 the above services, or any portion thereof, shall be 5056

20

provided, and to determine and fix reasonable chaLges and 5057

21

fees fOL such seLvices. In addition, the powers of taxation 5058

22

and ass~sment may be exercised by any count}, municipality 5059

23 or any combination thereof, or within any such district, for 5060

24 the above pOllers and in order to provide such services.

5062

25

Paragraph ~J:J:. taxing POller and Contributions of 5064

26

~ountie, Cit~~Ad Political Division aestricted. The 5066

-

- ...

21 General Assellbly shall not authorize any county, municipal

28 c cxpora tion OJ: political division of this State, through 5068

29

taxation, contribution or otherwise, to become a stockholder

30

in any co lip any , corporation or association, or to 5069

31 appropriate 1I0ney for, or to loan its credit to any 5070

32 corporation, company, association, institution or individual 5071

33 except fOL purely charitable purposes. Xhis restriction 5072
.. 34 sball DOt operate to prevent the support of schools by 5073

- 1110 -

m~icipal ccr~Lations vitAin their respective limits.

5075

2

ParagLaph IV. Slum Clearance and Redevelopment. 5077

-- -

3

The General Assembly may prOVide by law that any city or 5078

town, or any Aousing authority now or hereafter established, 5079

-

.. -

5 or any county may undertake and carry out slum clearance anq 5080

6

redevelopment work, including the acquisition and clearanc-e- 5081

7 of areas which are predominantly slum or blighted areas, the 5082

--

8

pmparation of such areas for reuse, and the sale or other 5083

9 disposition of such areas to private enterprise for private 5084

10

uses or to pUblic bodies tor public uses. Any such work 5085

11

shall constitute a governmental function undertake~ fOr 5086

12 public purposes, and the powers of taxation and eminent 5067

13 domain may be exercised and public funds expended in 5088

11l f urtherallce thereof.

5089

15

SECTION V.

5091

16

COUNrl GOVEBNMENT; TAXATION POW~B

5092

17

I'aragr aph 1. Power of County Government. The 5096

-.
18 General Assembly may authorize any county to exercise the 5097

_..

.

19

power ot ta~ation for any pU~lic .purpose as authorized by 5098

20 general law or by this Constitution, and unless otherwise 5099

21

provided by this Constitution or by law, no levy need state

--

22

the particular purposes for which the same was made nor 5101

23

shall any ta~es collected be allocated for any particular 5102

--

24

purpose, unless e~pressly so prOVided by the Gelleral 5103

25 Assembly or this Constitutioll.

5104

26

Paragraph 11. Purposes of Taxation. III addition 5106

--
27 to such other powers and authority as may be conferred upon 5107

28 a ny county by this Constitution or by the General Assembly, 5108
.. ..
29 counties are hereby authorized to exercise the power of 51 10

30

taxa tion for the following purposes which- are hereby 5111

31

declared to be public purposes, and expend funds raised by 5112

32 the exercise of said powers for said purposes and such other 5113

- 141 -

pUblic lJurfoses as lIIay .De authorized bj the General 511ll

2 lssellbly:

5115

3

1. fay the expenses of administration of the 5117

county government.

5118

5

2. Acquire, construct, maintain, improve, or aid 5119

6 in the acq uisition, construction, maintenance, or 5120

7 improvement of public buildings, bridges. parks, recreation 5121

8

areas and tacilities, libraries, streets, s~dewalks, roads, 5122

9 airports, docks, facilities for mass tranSLt system fQr the 5123

10 txansportation of Fassenyers for hire, and other properties 5124

11

for public use; and to acquire any real propert~ or any 5125

12

interest therein in connection vith the fore~oing.

5127

13

3. frovide ior the operation of the courts, the 5129

...

llaintenance and support of prisoners, and ~Qe handling of 5130

15

litigat~on a~Lecting the county.

5131

16

4. Estab lisJl and conduct public hea~th and 5132

17 sanitation Frograllls and provide for the collection and 5133

18 preservation of records and vital statistics.

5135

19

s. Es tab lish and maintain a coun ty police 5136

20 department.

5137

21

6. Provide medical or other care and 5138

22 h aspi taliza tion for the indigent sick and to support 5139

23 paupers.

5140

24

7. Pal county agricultural and hOlle demonstration 5141

.25 agents and conduct programs utilizing the ~rvices of such 5142

26 a gents.

5143

27

8. Establish and conduct prograllls of welfare 5144

28 benefits and public assistance as may be provided by lave

5146

29

9. Provide -fire protection for forest lands and 5148

30 conserve natural resources.

5149

31

10. Provide insurance, retirement and pension 5150

32 bEDefits, coverage under Federal Old Age and Slu:vivors' 5151

33 Insurance programs, hospitalization benefits, and workllen's 5152

34 compensation Denefits for its officers and ellployees, their 5153

.

--

35 dependents and survivors, and for public school teachers and 5154

- 142 -

personnel, thEUr dependents and survivors: Provided that 5155

2

all such paxments tor pub~ic schoo~ teacher~ and personnel, 5156

3

their dependents and survivors, shal~ be paid from education 5157

funds.

5158

5

11. Establish and maintain a recreation system.

5160

6

12. To provide for paying the principal and 5161

'.

7 interest ot anx debt ot the county and to provide a sinking 5162

8

fund therefor.'

5163

9

13. To provide for reasonable reserves for. pUblic 5164

10

improvements as saX be fi~ed bylaw.

5166

11

14. To provide for the support ana maintenance of 5167

12 public schools, pUb~c education, and activities necessary 5168

13

and incidenta~ thereto, inc~uding scnoo. lunches, as 5169

14

pIDvided ~n Artic~e VIII of this Constitution, upon the 5170

15

assessed va~ue of a~l ta~ble property w~tnin tne county, 5171

16 exclusive of any independent school system tnerein.

5173

17

The grant of pOllers to counties contained in this 5174

..

18

Paragrapn and in Paragraph IV of this S~ction sha~l not 5175

19 operate to prohibit the General Assembly froll enacting 5176

20

general la~s relative to the above subject matters or to 5177

21 pIDhibit the General Assembly by general law froll 5178

22 regulating, restricting or lilliting the exercise of such
..
23 powers, except that the authority of the General Assembly 5179

24 pIDvided hErein shall not be construed to authorize the 5180

..

25

General Assellb~l to affect or modify the autnority and duty 5181

26

of the governing authorities of counties to levy the ta~ 5182

27 pIDvided for by SUbparagraph 14 above. The General Assembly 5183

28 shall act upon the above subject matters only by general 5184

29 law. The General Assembly shall not have the authority to 5185

30 withdraw any such pOllers. If popUlation is used as a basis 5186

31 for classification for the applicability ot any Act to any 5187

32

political subdivision or ~ubdivisions of this state on the

33 above subject matters, the Act shall apply ouly to political 5188

34

subdivisions of less than a specified popu~ation or shall 5189

35

a pply to po~tical subdivisions of more than a specified 5190

- 143 -
(9

population.

5191

2

Paagraph ~ll. Establishment o1-I~q District. 5193

..

3

R JCept as pJ:ovidel1 in Paragraph ~l of Section IV herein o 5191t

under the authoritl of a genera~ or .local law, a county 5195

5

governing authoity may not district a cou~ty to provide 5196

6

vater, sewerage, garbage, electricity, gas, or fire 5191

7

protection sevices. Such services shall be authorized only 5198

8 by an act of the General Assembly establishing, or 5199

9

a uthorizing the establishment of, a specia~ district or 5200

10 districts thexefor, and authorizing such county to levy a 5201

11

tax on~y upon the taxable property. in such districts for the 5202

12 purpose of constructing and maintaining facilities therefor, 5203

.. -.

13

conditioned upon the assent of a majority of the ~ualified 5201t

14

voters of any such proposed district voting in an election 5205

15

f~r that purpose held as prOVided by law.

5206

16

Paagraph ~V.

Any county is 5208

17

hereby authorized to exercise the power of eminent domain 5209

18 for any public pUJ:pose.

5211

19

SEC~.lOH V1:.

5213

20

conners

5214

21

Paragraph 1:. Contracts For Qse of Public 5218

.

-

22 taci1iti. (a) The state, State institutions, any city, 5219

23 tovn, municipality or county of this State may contract for 5220

24 a ny period not exceeding fiftI years, with each otner or 5221

2S

with any public agencI, public corporation or authority now 5222

26 or hereafter created for the use by such subdivisions or the 5223

21

residents thereot of anI facilities or services of the 5224

28 State, State iJlStitutions, any city, town, municipality, 5225
..
29 county, public agency, public corporation or authority, 5226

30

provided such contracts shall deal with such activities and 5221

31 transactions as such sUbdivisions ae by law authorized to .5228

32

undertake.

5229

- 144

Notwithstanding any other provisLon of any other 5230

2 Section of any other Article of this ConstLtution, the 5231

3

:;eneral

Asse lIIbl.y

shall include in each General 52.32

q Appropriations Act in the appropriation payable to each

..15

departlllen~, agency, or institution of the State, in addition 5233

6

to such other items as may be included in such 5234

...

1 a ppcopriation, aDd whether or not any other items are 5235

8

included, suas 'sufficient to satisfy the ~c1Yllents required

9 to be made in each year under lease contracts now entered 5236

10 into pursuant to this 2aragraph I(a) by and between such 5237

11 departaent, agency, or institution of the State and any 5238

12

State authority which was cre~ted and activated on or before 5239

13 Hovember 8, 1960, which said lease contracts constitute 5240

n

security for bonds or any other obligatLons heretofore 5241

15 issued by any such authority. In the event for any reason

16 any SUCh appropriation is not made, then the fiscal otficers 5242

17

of the State are hereby authorized and direct~d to set up on

18

their afprofriation accounts in each fiscc1~ year as an 5244

19 appropriation the respective amounts required by each such

20 department, agency, or institution of the State to pay the 5245

21

obligations called for under any such lease contract. The

-
22 a mount of the a}lpropriation in each fiscal year to meet such

23 lease contract obligations as authorized hereunder shall be 5248

2q

and payable to each suc~_._departaent, agency, or

-.

25 institution of the state in each fiscal year to be expended 5249

26 for the purpose of paying the lease contract obligation 5250

21 required under the terms and conditions of such lease 5251

28 contracts and said appropriation shall have the sallie legal

29 s ta tllS as if the General Assembly had included the amount of 5252

30 the appropriation in a General Appropriations Act.

5254

31

(b) Any city, town, municipality or county of this 5255

32 State is elllpo liered, in connection with any contracts 5256

33 authorized, by the preceding paragraph, to convey to any 5257

3q public agency, public corporation or authority nov or 5258 .-
35 hereafter created, existing facilities operated by such 5259

- 1q5 -

1

city, town, aunicipa~ity or county for tbe ben~fit of 5260

2

residents of such sUbdivisions, provided the ~and, buildings 5261

3 and equipment so conveyed sha~~ not be mortgaged or pledged 5262

4

to secum obligations of any such p~b~ic agency, pUblic 5263

5 corporation or authority and provided such facilities are to 5264 .

6 be maintained and operated by such pUblic ayency, pUblic 5265

7

corporation or authority for the sallie ~urposes for which 5266

8 sll:h facilities were operated by such city, town, 5267

9

II UDicipality or county. Bothing in this Section shall 5268

10

restrict the p~edging of revenues of such facilities by any 5269

11

public agency, pub~ic cor~oration or authority.

5271

12

(C) Any city, town,. lIIunicipality or county of this 5272

13 state, or anI cOlllbination of the saae, lIIay cuntract with any 5274

14 public agency, public corporation or authorLty for the care,

15

maintenance and hospita~ization of its ind~yent sick, and 5275

16

may as a part of such contract ob~igate itself to pay for 5276

17 the cost of acquisition, construction, modernization or 5277

18

repairs of Lecessary bui~dings and faci~ities by such public 5278

19

agency, pUblic corporation or authority, and ~rovide for the 5279

20 payment of such services and the cost to such public agency, 5280

21

public

c orpo I:at ions

or authority of acquisition, 5281

22 construction, modernization or repair of buildings and 5282

23

faCilities from revenues rea~ized by such city, town, 5283

24 II UDicipalitj or co unty froll any taxes authorized by the 5284

25 Constitution of this State or revenues derived from anI 5285

26 other SOULces.

5286

27

PaLagraph 11. ~li1I_IDsurance. rhe governing 5288

..

28 a uthority of each county is hereby authorized in its 5289

29

discretion to pUIChase liability insurance to cover damages 5290

30 on account of bodily injury 01: death to any person or dallage 5291

31 to propel:ty of any person arising by reason of ownership, 5292
.- .
32 maintenance, operatioD or use of any motor vehicle by such 5293

33 county, whether as a result of a governmental undertaking or 5294

34 not, and to pay premiullls therefor. rhe governing authority 5295

- 146 -

1

is hereby authoi%~d to ~evy a tax for such purpose. In the 5296

2

e vent of purchasing such insurance, the governmental 5297

3

illlllunity ot the county shall be waived to tile extent of the 5298

4

a IDOUllt of iDsurance so puchased. Neither the county nor 5299

5

the insULer sha~l be entitled to plead governmental immunity 5300

6

as a defense and may make only such defense as could be made 5301

7

if the insued Mere a private peson. The county sha~l be 5302

8

liable only for damages SUffered while said insurance is in 5303

9

force. 10 attempt shall be made in the trial of any action

10

bIDuqht against the county to suggest the existence of any 5304

11

insurance ~hich covers in Whole or in part, any judgment or 5305

12

a liIilrd which lIay be rendeed in. fa Yor. of the pl.aintiff. .:If 5306

13

t be verdict rendered by the jury exceeds the limitation of 5307

14

the insuance, the court shail reduce the amount to a sum 5309

15

equal. to the. applicable limitations stated in the policy~

5310

16

SECT.IOlll VII.

5312

17

L.Ia.ITATIOI 01 COUNT! AID ftUIICIPAL DEBTS

5313

18

2aragraph I. Debts of Counties and Cities. The 5317

19

debt heeatter incurred by any county, municipal corporation

20

or political SUbdivision of ~his state except as ~n this 5318

21

constitution provided for, sha~l never exceea ten per centua 5319

22

of the assessed value of all the taxable property therein, 5320

23

and no such County, lIunicipality or division shall. incur any 5321

24

new debt except fo a temporary loan or loans, to suppl.y 5322

25

casual deficiencies of revenue, not to exceed one-fifth of 5323

26

one per centum of the assessed value of the taxable property 5324.

27

therein, without the assent of a majority of the qualified 5325

28

voters of the county, municipality or other political 5326

29

s ubdi vision voting in an el.ection for that purpose to be 5327

30

held as pescribed by law. and provided further that all. 5328

31

laws, charter provisions and ordinances heretofore passed or 5329

32

enacted providing special registration of the voters of 5330

33 counties, lIunicipal corporations and other pol.itical 5331

- 147 -

subdivisions of this State to pass upon tne issuauce, of 5332

..

2

balds bi such cOWlties, lIunicipal corpoccitions and other 5333

3

pOLitical subdivisions of this State are hereby declared to 5335

be Bul~ and void; and the General Assembly shall hereafter 5336

5 have no power te ~ass or enact any law providing for such 5337

6

special registration, but the va~idity of any and all bond 5338

'-

7

issues by such counties, mun~cipal corporations or other 5339

8 political subdivisions made prior to January 1, 1945, shall 5340

9 not be attected hereby; provided, that any COUD.tI or 5341

10 mlU1icipality of this state may accept and use funds granted

11 bI the Eederal Government, or any agency tnereof, to aid in 5343

12 financing the cost of architectural, engineering, econoaic 5344

13 investigations, studies, surveys, designs, plans, working 5345

14 dmwings, specifications, procedures, and other action 5346

15 prelillinary to t.he construction of public work.s, and where 5347

16 the funds so used for the purposes specified are to be 5348

17 repaid within a period of ten years.

5350

18

Every county is hereby em~owered to create debt, by 5351

19 way ot borrolling froll private individuals, firas, 5352

20

c~porations, ox partnerships as we~l as frail the State, for 5353

21 tbe purpose of paying the whole or part of the ~ost of 5354

22

pIDperty valuation and equalization pro~rams for ad va~ore. 5355

23 taE purposes. to contract for the repayment thereox and to 5356

24 issue notes or other like instruaeDts as ev~dence of the 5357
25 a bligation to xepay the debt so 'contracte,f Without beIng 5358
..26 subject to any limit as to allount of such debt so created 5359

27 and without the necessity of approval thereof by the 5360

.

.

28 qualified voters of tllat county: provided nevertheless that 5361

29 the debt shall be payable in one or more equal install.ents, 5362

30 one of which shall tall due at least each lear, but which 5363

31 lIay fal~ due each 1I0nth, the last of which snall mature not 5364

32 lI~e than seven years frclI the date of creatioD aDd shall 5365

33 Ilot bear interest in excess of five ,5J) per cent per annuli 5366

34 OD unpaid pcincipal. and a tax shall be levied on the 5367

35 taxable property of the COWlt.y as may be needed to repay 5368

- 148 -

such debt so create~1 provided, however, that no county 5373

2 shall be empowered to create debt under the provisions of 5374

3 this paragraph tor the purposes of a property valuation and 5375

4 equal1 zati.Qn pr.ogram until suc'h program and .all contracts to 5376

5 be entered into pursuant thereto shall have Qeen approved by 5377

6 the State Revenue Commi.ssioner, and until suc'h county shall 5378

7 have entered into. an agr.eement with'- t'he .State Revenue 5379

8 CommissiDner that such program shall be carried out in 5380

9 accordance with such Rules Bnd Regulations pertaining to 5381

10 such programs as may be promulgated by the Commissioner.

'5382

JI

All existing loc.al constitutional amendments 5383

12 adopted prior to NovemberS, 1974, relating to maximum bond 5385

13 debt limitation shall continue to be of full force and 5386

14 effect and shall not be affected by this Paragraph.

5387

15

Paragraph II. Leyy of Taxes to p~ Bonds. Any 5390

16 county, municipal corporation or pol1ti.c,al division of this

17 State which shall incur any bonded lndebtedne.ss under the 5392

18 provisions of this Constitution, shall at or before the time 5393

19 of so doing, p.rovid.e f.or the assessment. and .collection of an 5394

20 annual tax sufficient in amount to pay the principal and 5395

21

interest of said debt, within .thirty years from the .date of 5396

22. the incurring of said. indebtedness.

5397

23

Paragraph III. ~ional Debt Aythorized. When. '53.99

24 In addition to the debt authorized In Paragraph I of this 5400

25 Section, to be .created by any county, municipal corporation 5401

26 or political subdivision .of this .State, a debt may be 5402

27 incurred by any county, municIpal .corporation or political 5403

28 subdivision of this .Stat.e, in ~xcess of seven per centum of 5404

29 the assessed value of all the taxable property therein, upon 5405

30 the following condi tions I Such addi tionaLdebt, whether 5406

31

incurred at one or more times, shall not .exc.eed in the 5407

32 aggregate, three per .centum of the assessed value of all the 5408

'.33 taxable property in such county, municipality, or political 5409

- 149 -



subdivision. sua additional debt shall be ~ayable in equal 5406

2

installments vithin the five years n~xt succeeding the 5407

3

issuance of the evidences of such debt; there shal~ be 5408

4

levied by the governing authorities of such county, 5409

5

II Wlicipality or political sUbdivision prior to the issuance 5410

6 of such additional debt, a tax upon allot the taxable 5411

'-

7

plDperty vithin such county, municipality or political 5412

8

subdiyision collectible annually, sufficient to pay in ~ul

9

the principal and interest of such additional debt when as 5413

-

10

due: such tax shall be in addition to and separate fro. all 5414

11

other taxes leVied by sueD taxing authorities, and the 51115

12

collections troll such tax shalL be kept separate and sha~l 5416

13 be held, used and applied solely for the payment of the 5417

14

principal and inte,rest of such additiona.i indebtedness: 5418

15

author~ty to create such additiona~ indebtedness shall first 5419

16

have been authorized by the General AssembLi. the creation 51120

17 of such addit ional indeb tedness shall have been first 5421

18 authorized by a vote of the registered voters of such 5422

19 county, municipality or political subdivision at an election 5423

20

held for such purpose, pursuant to and in accordance with 5424

21

the prOVisions of this Constitution and of toe then eXisting 5425

.

..

22 laws tor the creation of a debt by counties, lIunicipal 51126

.'

23

cocporations, and po~itical subdivisions of this State, all 5427

24 of which provisions, including those for calling, 5428

25 advertising, holding and deterlll.ining the result of, such 5429

26 election and the votes necessary to authorize the creation

27

of all. indebtedness, are hereby ade allplicable to an 5430

28 election held for the purpose of authorizing such additional 5431

29

indebtedness.

5432

30

Paragraph

xv.

Xellporarx LoaDS 1l1thorize~ 5434

31

~ODditioD. Xn addition to the obligatioDs hereinbefore 5435

.- .

.

-

.

32 allowed, each county, municipality, political SUbdiVision of 5436

33

the State authorized to leyy taxes, and county board of 5437

34 e duca tion, is given the authority to make tellporary loans 5438

- 150 -

1 between January 1st and December 31st in each year to pay 5440

2

expenses for such year, upon the fo~~owing conditions: The

3 aggregate allount of al~ such loans ot such county, 5441

auoicipalit}', Eolitical subdivision or count}' ooard of 5442

5

Education outstandiny at an} one time shal~ not exceed 75~ 5443

6

of the total ~ross income ot such county, municipality, 5444

'.
7 political SUbdivision or count}' Board of Education, from 5445

8

taxes col~ected bI such county, municipa~ity, ~olitical 5446

9

subdivision or county Board of Education in the. ~ast 5447

..
10 preceding }'ear. Such loans shall be payable on or before 5448

11

December 31st of the ca~endar }'ear in which such loan is 5449

12 made. Ho loan may be made in.any year under the provisions 5450

13 of this Paragraph when there is a loan then unpaid which was 5451

14 made in a prior Jear under the provisions of this Paragraph. 5452

15 Each such loan shall be first authorized by resolution 5453

16 fixing the teras ot such loan adopted by a majoritl vote of 5454

17 the

body of such county, city, political 5455

18 s ubdi vision or coun ty Board of Education, at a meeting 5456

19 legall}' held, and such resolution shall appear upon the 5457

20

minutes of such meeting. Ho such county, .unicipa~ity, 5458

21

s ubdi vision . or county Board of Education sha~l incur in any 5459

.. .
22 one calendar Jear, an aggregate of such temporary loans and 5460

23 other contracts or obligations for current expenses in 5461

24 excess ot the total anticipated revenue of such county, 5462

.

.

25 municipality, subdiVision, or county Board of Education for 5463

26 such calendar year, or issue in one calendar year notes, 5464

27 warrants or other evidences of such indebtedness in a total 5465

28 a DOunt in e.xcess of such anticipated revenue for such year. 5466

29

Paragraph v.

COllmunity DisaSt;er LoaD.. In 5469

30

addition to the obligations hereinbefore allowed, each 5470

31 county, lIuniciEality and political subdivision of the State 5471

32 authorized to levy taxes is hereby granted tne authority to

33 obtain federal comaunitl disaster loans, in an amount up to 5472

34 twenty-five percent of the anticipated revenues for the 5473

- 151 -

1

fiscal year in ~hich the disaster occurs, in accordance with 5 .. 1 ..

2

and pursuant to the provisions of the Federal Disaster 5415

3

Relief Act of 1974 (Public Law 93-288). provided that

..
authorization for such loans is contingent upon the county,

5

II unicipality or political sUbdivision of the state suffering

6

a substantial loss of tax and other revenues as a result of

'.

7

a lIajor disaster and the existence of a d~monstrated need

8

f or financial' assistance in order to perform its

9

governmental functions. Federal comllunitj disaste~ loans 5480

10

lIay only be applied for and Obtained from the federal 5.. 81

11

garernment under the condition that requirement of repayment

12

of all or any part of such.loans shall be cancelled in the

13

event that and to the extent that revenues of the county,

14

mUDicipality or political subdivision aueing the full

15

three-yeaL fiscal period following the major disaster are 5485

-.

16

insufficient to meet the operating budget of the local

17

governm~nt, including additional disaster re~ated expenses 54116

18

of a lIuDiciEal operation character.

5487

19

SECTIOH VIII.

51189

20

BEVEHUE OBLIGITIOHS

21

Faragraph I. Revenue AnticipatioQ Obligation.

-.

22

Revenue anticiEation obligations may be issued by any

county, mUDici~al corporation or politica~ SUbdivision of 51196

this State, to provide funds for the purchase or 51197

25

construction, in whole or in part, of any revenue-producing

26

facility which such county, municipal corporation or 51198

-.

27

political subdivision is authorized by the let of the 51199

28

~eDeral Assembly approved Barch 31, 1937, knovn as "The 5500

29

Revenue Certificate Laws of 1937," as amended by the lct

30

Ii pproved Karch 14, 1939, to construct and operate, or to 5501

-

-

31

provide funds to extend, repair or i.prove any such existing 5502

32

facility, and to bUy, construct, extend, operate and 5503

33

maintain gas or electric generating and distribution

- 152 -

systeas, together with all necessary appurtenances thereof. 5504

2 Such revenue anticipation obligations shall oe payable, as 5506

3 to principal and interest, only from revenue produced by

revenue-producing facilities of the issUl.ng political 5507

5 subdivisions, and shall not be deemed debts of, or to create 5508

6 debts against, the issuing political sUbdivisions within the 5509

'.

--

7

meaning of tAis paragraph or any other of th~s Constitution.

- --

8

This autaority saall apply only to revenue ant~cipation 5510

9 obligations issued to provide funds tor the pu,cchase, 5511

10 construction, extension, repair or improvement of such 5512

11

facilities and uDdertakin~s as are specitically authorized

12 and enumerated by said Act.of 1937, as amended by said Act 5513

13 of 1939, and to bUy, construct, extend, oper4te and maintain 5514

14 gas or electric generating and distribution systems, 5515

15 together with all necessary appurtenances thereof, prOVided

16 further any revenue certificates issued to ouy, construct, 5516

17 extend, operate and maintain gas or electric gener4ting and 5517

18 distribution systems shall, before beiny undertaten, be 5518

19 authorized Dy a majority of those voting at an election held

20

for the purEose in the county, municipaL corporation or 5519

21

political SUbdivision affected, the election ior such to be 5520

22

held in the same maDner as is used in issuiD~ bonds of such 5521

23 county, municipal corporation or political subdivision and

24 the said elections shall be called and prOVided for by 5522
--
25 a Uicers in charge of the fiscal affairs of said county, 5523

26 municipal corporation or political subdivision affected, and 5524

27 no such issuing political subdivision of the State shall 5525

28 exercise the Fover of taxation for the purpose of paying the 5526

29

principal or interest of any such revenue anticipation

--

-

30 obligations or any part thereof.

5528

31

Provided that after a favorable election has been 5529

32 held as set forth above, if municipalities, counties or 5530

33 other political subdivisions shall purchase, construct, or 5531

34 operate sueD electric or ~s utility plants froa the 5532

35 proceeds of said revenue certificates, and extend their 5533

- 153 -

services bejona tne limits of the county in which the 5534

2 municipalitj or political subdivision is located, then its 5535

3

secvices rendered and propertl located outsid~ said county 5536

shall be SUbject to ta.xation and regUlation a.s are privately 5537

5 owned and opera ted Iltilities.

5538

6

Xae General Assembly is authorized to create an 55110

'-

.-

1 instrumentality and department of the State of Georgia to be

8 known as the brunswick Ports Authority, and to provide for 5541

9 its powers and functions. Act number 314 of the Acts ,of the 55112
.--
10 General Assembly of 1945 (Ga. L. 19115, p. 1023) as amended 55113

11

by House Bill number 1053 of the General Assembly of 1958 55114

-,

12

(Ga. L. 1958, p. 82) is hereby ratified and confirmed, so 55115

13 that the said Acts shall have the same force and e.ifect as 55116

14 if they had been enacted subseguent to the amendment adopted 5547
1S November a, 1960, to Article VII, Section V1I, Paragraph V 55118

16 of the Constitution of 1945. provided, however, that nothing 5549

11 herein shall frevent tne General Assemnly from amending said 5550

18 Acts, so as to add and enlarge povers of tne Authority.

5552

19

PaLagraph II. ~B~Obligations6~thorize~. The 5554

20 develoFa&nt of trade, commerce, industry and employment 5556

21

opportunities is hereby declared to be a public purpose

22 vital to the wlfare of the people of this State. The 5551

23 General Assembly may create Development Allthorities to 5558 -.
24 pEDmote and further sllch pllrposes or lIIay allthorize the 5559

25 creation of such an Illthority by any county or mllnicipal 5560

26 corporation or combinations thereof under such uniform terms 5561

27 and conditions as it lIIay deem necessary. The General 5562

-.

28

Assembly may eJelllpt from ta.xation Develo~lIIent Allthority 5563

29 obligations, properties, activities or income and may 55611

30 allthorize the issuance of Revenue Oblig4tions hJ such 5565

31 Authorities which shall not constitute an indebtedness of 5566

32 the state within the meaning of Section VII of this Article.

33

The General Assembly may provide fOL the validation 5568

311

of any Revenue Ob~igations authorized, and that such 5569

- 154 -

validation shall thereafter be incontestable and conclusive. 5570

2

Paragraph III. #efundinq Bonda The General 5574

3 Assembly is. hereby authorized to create a commission and to

.

.

4 vest such ccmmission with the power to secure all necessary 5575

5 information and to approve or disapprove the issuance of 5576

6 bonds for the purpose of refunding any bonded indebtedness 5577

7 of any count1, muuicipality or political subdivision of this 5578

8 State issued prior to the adoption of the Constitution of 5579

9 1945, including the authority to approve or disapprove the 5580

.

.

-.

10 a ..0 un t and teras of such refunding bonds, toyether with such 5581

11

other ~owers as to the General Asseably may seem proper, but 5582

12

not in c~nflict with the provisions of tue Constitution. 5583

13 such refunding bonds shall be authorized only where such 5584

14 cOllnty, JIIunicipality or political sUbdivision has not the 5585

15 funds available to meet the payment of outstanding bonded 5586

16 i Ddeb tedness through failure to levy and collect the 5587

17

required taxes, or through failure to JIIainta~n the required 5588

18 sinking fund for such bonds. The General Assembly may 5589

19 approve the issuance of the said refunding bonds under the 5590

20

conditions stated. Such refunding bonds sha~l not, together 5591

21

with a~ other outstanding bonded indebtedness, exceed the '5592

22 limits fixed b1 this Constitution for the maximum amount of 5593
..
23 bonded indebtedness which ma1 be issued b1 such county, 5594

24 JIIunicipality, cr political subdivision and shall be 5595

25 otherwise goverJl&d by all of the terms and provisions of 5597

26 this Constituti on. Bo bonds shall be issued under this 5598

-.

27 paragraph to refund any bonds issued after the adoption of 5599

-.

28

t be Constitution of 1945.

5600

29

Paragraph IV. ~~ Bonds to Reduce Bonded 5603

30

!~~lednes. ~he General Assembly is further authorized to

31

give to the said Commission the power and autilority to 5604

..

32 approve or disapprove the issuance of bonds to reund any 5605

33 outstanding bonded indebtedness of any count}', municipality 5606

34 or political subdivision now or hereater issued, for the 5607

- 155 -

1 p ucpose of reducing the amount payable, principal or 5608

2 interest, on such bonded indebtedness, and upon t.he 5609

3 condition that, the issuance of such refuading bonds will 5&10

reduce the amounts palable upon such out.standing bonds, 5611

5

principa~ cr interest. Such refunding bonds shall replace 5612

6

such outstanding bond~d indebtedness. The said Commission 5613

'-

7

sball have the authorit.y to approve or disa~prove the teras 5614

8 of any such proposed refunding bonds. The General Assembly 5615

9

may authorize. the issuance of such refunding bonds ~ssued 5616

..

10 for the said purpose, when approved by the said Commission

11 and authorized by the governing authority of such county, 5618

12 municipalitj or subdivision, .without an e.&.ection by the 5619

13 qualified voters as otherwise required, out in al~ other 5620

14 respects such refunding bonds shall compLy with the 5621

15 p m'lisions of this Constitution.

5622

16

Raragraph Y. ~Ag_~ds for Bonds. All amounts 5625

17 collected froa any source for the purpose of paying the 5626

18 principal and interest ot any bonded indebtedness of any 5627

19 county, municipality or subdivision and to provide for the 5628

20 retirement of such bonded indebtedness, above the amount 5629
. _.
21 needed to pay the principal and interest. on such bonded 5630

22 i ndebteQness due in t.he year of such collection, shall be 5631

23 placed in a sinking fund to be held and used to payoff t.he 5632

24 principal and interest of such bondea indebtedness 5634

25 thereafter saturing.

5635

26

~he funds in such sinking fUnd shall be kept 5637

27 separate and apart from all other moneys ot such county, 5638

28

.unicipa~ity or subdivision, and shall be used for no 5639

29 purpose other than that above stated. The moneys in such 5640

30 sinking tund may be invested and reinvested bj the governing 5641
..
31 authorities of such county, municipality or subdivision or 5642

32 by suc.h ot.her authority as .has been created to hold and 5643

33 aDaCJe such sinking fund, in t.he bonds of such county, 5644

34 municipality or subdivision, in the bonds or obligations of

- 156 -

1 the state ot Georgia, of the counties and cities thereof and

2

of the goveLUsent of the United States, of subsidiary 5646

3 corporations of the Federal Government fully guaranteed bI 5647

. S II: h 9 overllmen t al1d in accounts and certifica tes which are 5648

5 fully il1sw:ed by the Federal Deposit Insurance corvoration 5649

6

or the Federal Savings and Loan Insurance ~orporation, and 5650

'.

7

DO othQr. Any person or persons Violating the above

8 1'rovisions shall be gUilty of malpractice in office and 5652

9

shall also be guilty of a misdemeanor, and sh~ll be 5653

10 pWlished, when convicted, as prescribed by law for the 5651$

11

pWlishment of misdemeanors, until the General Assembly shall 5655

12

make other ~rovisions for the. violation of tae teras of this

13

paragraph.

5657

- 157 -

CROSS-REFERENCE TABLE ARTICLE IX
COUNTIES AND MUNICIPAL CORPORATIONS

PRESEN'r PROVlSIOR
Article IX, Section I,
Para. I

PROPOSED PROVlSIOR
Article IX, Section I, Para. I and Para. I1(b)

CHARGES
1. Delete the provision relative to "suits against a county... "
2. Add the provision which grandfathers in the existing county governing authorities.
3. The provision relative to the "metes and bounds shall remain the same " is provided for in Section I, Paragraph II(b) of the draft proposal.

Article IX, Section I;
Para. II

Artide IX, Section I
Para. II(a)

1. No change

Article IX, Section I,
Para. III

Article IX, Section I, Para. I1(a) and Para. II(b)

1. Taken together, these two subparagraphs would preclude the creation of any new county except by consolidation or merger.

Article IX, Section I,
Para. IV

Article IX, Section I, Para. II(b)

1. The proposed provision does not specifically mention county lines but mandates that the metes and bounds be changed pursuant to a general law.

Article IX, Section I, Para. V

Article IX, Section I, Para. II(b)

Article IX, Section I, Para. Vl

Article IX, Section I, Para. I and Para. III (c)

1. Delete the provision requiring 2/3 vote of people and majority vote of the General law for change in county site and authod.ze such change pursuant to general law.
1. The authorization to create "tribunals (or the transaction of county business ," is embodied in Section I, Para. I of the draft proposal authorizing the General Assembly to provide by law for the powers and limitations for each county governing authority.
2. The authorization to consolidate the offices of tax receiver and tax collector into tax commissioner is provided for at Section I, Paragraph III (c) of the draft proposal.
3. The authority to "abolish the office of County Treasurer.:.fix [their] compensation" has been omitted.

ARTICLE IX CROSS-REFERENCE TABLE
PAGE 2

PllESENT PROVISION

PROPOSED PROVISION

Art~cle IX. Section I. Para. VII

Article IX. Section I. Para. I

CHANGES
1. The authority to "provide for the creation of county commissioners in such counties and define their duties. ". is embodied in Section I. Paragraph I of the draft proposal authorizing the General Assembly to provide by law for the powers and limitations for each county governing author:1ty.

Art:1cle IX. SecUon I. Paragraph VIII

Article IX. Section I. Paragraph III(a)

Article IX. Section I. Para. IX

Article IX. Section I. Para. III(a)

Article IX. Section I. Para. X

Art:1cle IX. Section I, Para. III (b)

Art:1cle IX. Section I. Para. XI

Art:1cle IX. Section I. Para. II(c)

Ne corrupouding provUion

Article IX. Section I, Para. IV

ArUele IX. Section II. None Para. I and Para. II and Para. III

1. The proposal specifically names the county officars. retaina the election and four year term req~emeut8.
2. The provision relative to elig:1bllity for and removal from office was omitted to be prov:ided by general law:
1. Sheriffs. being county officers rlthin the meaning of the proposed Section I. Paragraph III(a). would heve their qualifications prescribed by general law as mandated by that paragraph.
1. The proposal author:1zes minimum compensation to be .et by leBer&! law. rlth either local law or local ordinance supplement and omits reference to the fee b.-is.
1. The proposal represents a substantial reduction in language from the present provision.
2. The language relative to the administrative and procedural requirements to effect a consolidation or merger bas been deleted to be provided by law.
I. The General Assembly is authorized to enact general law whereby county governing authorities may establish civil service systems and may include those employees of other elected county officers.
I. The "County Home Rule" provisions have been made statutory rather than. constitutional. With few exceptions. the constitutional language has been rewritten verbatim in the proposed statutory language.

ARTICLE IX
CROSS-REFERENCE TABLE PAGE 3

PllESDT PROVISION

PROPOSED PROVISION

CHANGES
a) Counties have been given the authority "to define ordinance violations for acts which are not also violations of the criminal laws of this State and to impose a fine not to exceed $1.000 for each violation."
b) There has been incluc:led a stateIII8I1t of legislative intent. similar to the one currently contained in the !imicipal Home Rule Act, which states that no local laws shall be. enacted on subject _ttars over which counties are authorized to act pursuant to the ''1lome Rule" general law and that the general powers delegated by the "Bo1IIe Rule" Act are to be cUlllU1ative of those which counties currently have.
c) The constitutional provision at Section II. Paragraph I(d) relative to action taken affecting private or civU law has not been carried forward in the proposed statutory county "Bo1IIe Rule".

Article IX. Section III. Article IX. Section II.

Para. I

Para. I

Article IX. Section IV. Article IX. Section III.

Para. I

Para. II

Article IX. Section IV. Para. II
--_.- -----'-

Article IX. Section II. Para. ~I(a)

1. The proposed provisions incluc:les counties whereas the present provision pertains only to municipalities and authorizes the General Assembly, by general law. to delegate "Bo1IIe Rule" powers to local govertllllents.
1. The present provision has proved to be inoperative and has never been impl8lll8l1ted The proposed provision is a comprehensive authorization to provide for the consolidation of local governments with the retention of the ref'erendum requirement.
1. Section IV. Paragraph II(S) has been deleted to be provided for in Section II. Paragraph VI, Community redevelop~ of the draft proposal.

ARTICLE IX ClOSS-REFERENCE TABLE
PAGE 4

PRESENT PROVISION

PROPOSED PROVISION

Article IX. Section IV. Article IX, Section II,

Para. II. first

Para. II(e:)

wmumberad subparasraph

Article IX. Section IV. Article IX, See:tion II.

Para. II. second

Para. II(b)(l) and Para.

wmumberad subparagraph U(b) (2)

Article IX. Section IV. Artie:le IX. See:tion III.

-Para. II. third

Para. I and

wmumberedsubparagraph See:tion II. Para. V

CHANGES
2. See:tion IV. Paragraph II(l5) has been deleted. to be provided for in See:tion III. Paragraph III. Planning and zoning of the draft proposal. The draft proposal authorizes the General Assembly to establish conditions and proe:edures for the exere:ise of this power by loe:al governments.
3. See:tion III. Paragraph II(I4) of the proposal has been added e:onsistent with the revision of Article X. Retirement Sy.t.... whereby loe:al governments are given greater control over Retirement and Pension Systems. the benefits and persons e:overed thereunder.
1. The proposed provision is an editorial reatat_nt of the present provision. The language prohibiting the General Assembly from enae:ting general laws on the subject of planning and zoning has belll1 OlII1tted. consistent with the proposed See:tion III. Paragraph III. Planning and zoning.
2. The language relative to the enae:tment of population-based general laws has been OlII1tted. to be provided for in the proposal for Artie:le III. See:tion VII. Paragraph XIII and the ae:companying proposed legislation.
1. The proposed provision is an editorial reatatemlll1t of the present provision. intended to e:lerify any ambiguities that e:urrently exists.
2. Exceptions to this llmitation. which e:ould currently be ae:complished only by "loe:al or spee:ial law". may. UDder the proposal be ae:complished "by law".
1. The authority of_ loe:al governments to e:ontrae:t with eae:h other for the provision of Amendment 19 servie:es bas been expanded under See:tion III. Paragraph I of the draft proposal to ine:lude "activities and services" which they are otherwise authorized to perform.

ARTICLE IX
CROSS-REFERENCE TABLE PAGE 5

PRESENT PROVISION

PROPOSED PROVISION

Article IX, Section IV, Article IX, Section II

Para. III

Para. VII

Article IX, Section IV, Article IX, Section II,

Para. IV

ara. VI(a)

CHANGES
2. The authority to create special districts for the provision of Amendment 19 services has been expanded to include "local government services".
3. Authority has been granted to the General Assembly under Section II, Paragraph V(a), by general law, to create special service districts and provide for a special fee or tax only within that district.
4. Authority has been granted to the General Assembly under Section II, Paragraph V(b), by general law, to establish conditions upon which special service districts will be created and to authorize a special tax or fee only within that district.
5. Authority has been granted to local governments to create special service districts in Section III, Paragraph V(c) and to levy a special tax or fee only within that district. This authority may not be used to circumvent a district created by the General Assembly-under V(a) or V(b).
1. The phrase "to become a stockholder in ", was deleted to be covered by the phrase "to lend its credit to "
2. The phrase "corporation or association" was IIIOdified by the term "nonpublic".
3. The provision relative to the support of public schools by municipal corporations was omitted as unnecessary.
1. This provision is an editorial restatement of the present provision, retaining the authority to undertake community redevelopment and to sell property acquired by eminent domain to private enterprise.

ARTICLE IX
CROSS-REFERENCE TABLE PAGE 6

PRESENT PllOVISION
No corresponding provision

PllOPOSED PllOVISION
Article IX, Section II, Para. VI(b)

Article IX, Section V, Para. I

Article IX, Section IV Para. I

CHANGES
1. This provision is a broad authorization to allow the General Assembly to authorize either local governments or public authorities to carry out community redevelopment using tax ulIlIIPtions, bonded indebtedness and contractual arrangements with private enterprise over a 30 year period.
1. This provision is an editorial restatement of the present provision. Delineated and distinguished for greater clarity is the power to tax in Paragraph I(a) and the power -to spend in Para. I(b).
2. Municipalities are included within this authorization as well as combinations of counties and municipalities.
3. The power to tax may be authorized by the Constitution or by law; the power to spend for pUblic purposes may be authorized by the Constitution or by law; the power to spend for other purposes may be authorized by the Constitution or by general law.

Article IX, Section V, Para. II

No corresponding provision

1. The "entmleration of purposes " for which counties may tax has been omitted, to be provided for by law (see 9lA-12), consistent with the change in Section IV, Paragraph I of the proposal.

Article IX, Sect:l.on V, Para. III

Article IX, Section II, Para. V

Article IX, Section V, Para. IV

Article IX, Section II, Para. IV

1. This provision is embodied within the broad authorization contained in Section II, Paragraph V of the draft proposal.
2. Deleted from the draft proposal is the ability of the General Assembly to create districts for these six services by local law after a referendum in the proposed district authorizing such district.
1. Municipalities were included within this authorization.

ARTICLE IX CROSS-REFERENCE TABLE
PAGE 7

PRESENT PROVISION

PROPOSED PROVISIOH

Article IX. Section VI. Para. I(a)

Article IX. Section III. Para. I(a)

Article IX. Section VI. Para. I(b)

Article IX. Section III. Para. I(b)

Article IX. Section VI. Para. I(c)

Article IX. Section III. Para. I(a)

Article IX. Section VI. Para. II

Article IX. Section II. Para. VIII.

cHANGES
1. The phrase "joint services. for the provision of services. or for the joint or separate use of facilities or equipment" was inserted in lieu of the phrase "for the use . of any facilities or services."
2. The first UDnumbered subparagraph of the present provision relative to the mandatory appropriation for lease payments was olllitted. Reference to the state fiscal officers obligation to make this appropriation in the event that it is not made by the General Assembly is contained in the proposed Article VII which makes reference to this paragraph.
3. The proposed provision authorizes the General Assembly to enact general laws relative to these contracts.
1. The two limitations on the conveyance of property under these contracts were olllitted. that the property not be mortgaged or pledged and that the facilities be put to the same use as before the conveyance. These limitations are to be provided by general law.
1. The provisions relative to the authority to contract contained in the present provision were olllitted. to be encompassed by the broad authorization in Section III, Paragraph I(a) of the draft proposal.
1. The specific authority for counties to purchase liability insurance and the conditions on that authority were olllitted.
2. The phrase "governmental immunity" contained in the present provision was the concept that was retained. broadened to "sovereign immunity" and expanded to include "municipalities and other political subdivisions."

ARTICLE IX
CROSS-REFERENCE TABLE PAGE 8

PRESENT PROVISION

PROPOSED PROVISION

Areicle IX, Seceion VII !reicle IX, Seceion V

Areicle IX, Seceion VII, Para. I

Article IX, Seceion V, Para. I(a), Para. IV (1), Para. IV (2), Para. IV (3)

CHANGES
1. The proposed provision is a restatement of the current constitutional limitaeions on the incurrence of debt by political subdivisions of the State with a few major substantive changes.
2. The Section was restructured to designate when debt incurrence required a referendum and when it did noe.
1. The overriding prohibition on the incurrence of debt without a referendum and the limitation as to amoune of 10% of the taxable properey is contained in the proposed Paragraph I(a).
2. The authority to incur debt to supply casual deficiencies in revenue withou' the need for referendum is contained in Paragraph IV (1).
3. The prohibition on special registration for bond referendums and the provision insuring the validity of pre-194S bonds was omitted.
4. The auebority to accept and use funds granted by the federal government without the need for referendum is contained in Paragraph IV (2). This provision has been subject to a substantial amount of editorial revision which omitted the two principal limitations imposed, (a) use of funds to finance cost of action preliminary to the constructio of Public Works; (b) debt must be repaid in 10 years.
S. The auehority to incur debt to establish property evaluation and equalization programs withoue the need for referendum is contained in Paragraph IV. (3). This provision has been subjece to a substantial amount of editorial revision which omitted ehe two principal limitations; (a) that the debt shall be repaid in 7 years with at lease annual installment payments and interest rates not in excess of 5%; (b) that contracts entered into pursuant to this authority be approved by the Revenue Colllllli.ssioner.
6. The provision carrying forward all local amendments relative to debt limitations has been omitted.
-

ARTICLE IX
CROSS-REFERENCE TABLE
PAGE 9

PRESENT PROVISION

PROPOSED PROVISION

Article IX, Section VII, Article IX, Section V,

Para. II

Para. V

1. This provision is a restatement of the present provision.

Artiele IX, Section VII, No corresponding provision. Para. III

1. This provision authorizing additional

debt I.U1der certain circumstances has

been omitted.

.

Article IX, Section VII, Article IX, Section V,

Para. IV

Para. IV(4)

Article IX, Section VII, Article IX. Section V,

Para. IV

Para. IV(2)

No corresponding provision

Article IX. Section V, Para. VI

1. The authority to ~cur debt to obtain temporary loans without the need for a referendum has been retained. This provision has been subject to a substantial amount of editorial revision.
2. The limitation &s to the alllOunt of such loans has been IIIOdified. The limitation that such loans not be in excess of "75% of the total gross income from taxes collected in the last preceeding year" was omitted while the limitation as to "total anticipated revenue" for the current year was retained.
3. The repayment term of such loans was IIIOdified to "on or be,fore one year from the date on which incurred" instead of "on or before December 31st of the calendar year in which such loan is made."

1. 1\

The authority to incur debt for Federal Community Disaster loans without the need for a referendum has been retained. This provision has been subject to a substantial amol.U1t of editorial revision which omitted the three principal '
limitations on this authority; (a) that the amol.U1t of the loans be limited to 25% of the anticipated revenues in the fiscal year of the disaster; (b) that there be a substantial loss in revenues as a result of a major disaster, resulting in a delllOnstrated need for financial assistance; (c) as a condition precedent to obtaining such loans. that the loans be cancellable under certain conditions.

2. The limitations on this authority wi1 be those imposed in the Federal grant program itself.

1. This provision is intended to insure the validity of bonds issued prior
to June 30, 1983. the effective date of the new Constitution.

ARTICLE IX
CROSS-REFERENCE TABLE PAGE 10

PRESENT PROVISION

PROPOSED PROVISION

Article IX, Section VIII, Article IX, Section VI,

Para. I, and first

Para. I and Para. II

wmumbered subparagraph

CHANGES
1. This provision was the subject of substantial editorial revision and restructuring.
2. The term "Revenue Bonds" was substituted in lieu of the term "Revenue Anticipation Obligations".
3. The reference to "The Revenue Certificate Laws of 1937 as amended (through] 1939". wss omitted and the term "general law" was substituted in lieu thereof.
4. The term "public authority" was included in the list of entities which could issue Revenue Bonds under the general law.
5. The principal limitations imposed on the issuance of "Revenue Bonds" for gas or electric generating or distribution systems are retained in Paragraph II of the proposal.

Article IX, Section VIII, No corresponding provision Para. I, second unnl.llllbered subparagraph

1. The present provision relative to the validity of an Act creating the Brunswick Ports Authority bas been omitted.

Article IX, Section VIII Article IX, Section VI,

Para. II

Para. III

1. The proposal is a restatement of the present provision.

Article IX, Section VIII, Article IX, Section VI, Para. II, first WU1l.l111berE~ Para. IV subparagraph

1. This provision is a restatement of the present provision with one change. The word "shall" was substituted in lieu of the word "may"

Article IX, Section VIII Article IX, aection V, Para. III and Para. IV Para. III

1. The provisions of the present Constitution were omitted. Section V Paragraph II of the proposed provision authorizes a new method of refunding debt, without the need for referendum, under certain
circumstances.

Article IX, Section VIII Article IX, Section V,

Para. V

Para. V

1. The proposal is ,an editorial restate.ent of the present provision.
2. Omitted were the specific investment restrictions and the penalties for malpractice-in office.

ARTICLE IX CllOSS-RUERENCE TABLE PAGE 11

PRESmrr PROVISIOR
No conesponding prov1llion

PROPOSED PROVISION
Article IX, Section VI, Para. V

No conesponding prov1llion

Ar1:icle lX, Section V, Para. I(b)

No conponding prov1llion

Article IX, Section V, Para. II

CHANGES
1. The proposal is intended to insure the validity of Revenue Bonds issued prior to June 30, 1983, the effective date of the new Constitution.
1. The proposal is intended to allow the debt authorized to be incuned in Pre-1877 school charters to be continued to be authorized where such authorization is in excess of 10% of the property value.
1. The proposal is intended to authorize local governments to incur debt on behalf of special service districts where funds are needed to build facilities for the provision of services only within the district. Furthermore, they are authorized to levy a tax only within that district to service debt only after a referendum held in that district.

NOTES AND COMMENTS
ARTICLE IX COUNTIES AND KIJN1CIPAL CORPORATIONS
The Committee to Revise Article IX makes several recommendations in the areas of local government structure, powers and finance. One of the principal objectiVes of the Committee in revising Article IX was flexibility to allow the General Assembly to be more responsive to the changing needs of local governments and also to eliminate the need for local constitutional amendments. At the same time the Committee felt that counties and municipalities should continue to have broad home-TU1e authority-to permit them to deal-effectively with matters of local self-government.
The Committee consolidated the eight sections of Article IX in the present Constitution into the following six sections.
SECTION I COUNTIES
The Committee consolidated the provisions of the eleven paragraphs of Section I of the present Constitution into three paragraphs and added a new provision relative to civil service. systems.
Paragraph I. Counties a body corporate and politic.
The proposal is the same as the present provision at Section I, Paragraph I with the deletion of the language relative to the initiation of suits against the county, which is presently covered in the Civil Practices Act. The form of government that exists in each county on the day before the adoption of this new Constitution is grandfathered in by this Paragraph in order to insure the continuity of county government in its present form on the effective date.
Paragraph II. Number of counties limitedj county boundaries and county sitesj countY consolidation.
The proposal is a consolidation of.Paragraphs I, II, III, IV, V and Xl of Section I of the present Constitution and represents a substantial reduction in language. The metes and bounds and location of the site in each county was gran~fatbered in b~.bl:a8l:apJL.ltru-2f.the prpltosal, _~Q.. be changed gnly pursuant to a general law~- Paragraph II'(c)~6f the proposal authori'zes' the . General Assembly to provide by law for the consolidation of existing counties while retaining the requirement of approval"by a majority vateof the people
to be affected. Much of the language in the present Section I, Paragraph n,
prescribing the methods and procedures for county consolidation, was omitted .to be provided for by law.
Paragraph III. County officersj elect ion j termj compensation.
The proposal is a consolidation of Paragraphs VIII, IX and X of Section I of the present Constitution.
The proposed Paragraph III (a) delineates those county officers which the Committee felt should be elected constitutional "county officers" within the meaning of Article IX. The four-year term requirement for such officers was retained; omitted were the two-year residency requirement and the removal provision for conviction of malpractice in office,which matters are to be . provided for by general law.
The proposed Paragraph-III(b) provides that the minimum salaries for such officers are to be provided for by general law and that any local supplements are to be provided for either.by local law or, if authori~ed by local law, by action of the county governing authority.

Page 2
Paragraph IV. Civil service' systems.
This is an entirely new provision which authorizes the General Assembly to enact a general law under which the county governing authorities could establish civil service systems covering their own employees and the employees of the other elected county officers. The authorization to enact this general law is permisaive. The issue of county civil service systems covering the employees of other elective county officers has been the subject of several local constitutional amendments.
SECTION II HOME RULE FOR COUNTIES AND MUNICIPALITIES
The most significant change proposed by the Committee is the deletion of the county home rule provisions from the Constitution. County home rule is to be provided for. by statute aa 18 presently the case with municipal home rule. The Committe. f.lt that both counties and municipalities should have the broadest home rule powers to conduct local affairs and to that end, drafted implementing legislation for county home rule. The Committee felt that statutory home rule for counties, in view of the courts' interpretation of statutory home rule for municipalities. 'Wouldbe given a.less restrictive judicial construction than is presently the case with constitutional home rule for counties and would allow the General Assembly to deal more effectively with problems as they arose in this area of the law.
Paragraph I. General Assembly authorized to delegate its power
Consistant with tbe policy-decision' to have statutory-home--rule"for counties;-' the Committee proposal authorizes the General Assembly to delegate its authority under general laws for this purpose.
Paragraph II. SUPJ!lementary powers.
The proposal represents a restatement of the self-executing grant of the "Amendment 19" powers presently contained in the Constitution, with some modification. By enumerating these fourteen powers, the Committee intended the enumeration to be a base or m1n~ grant of powers, which the General Assembly could add to but not withdraw.' The Committee approved the recommendation of the Article X Committee that the power to establish and maintain local pension and retirement systems be-added to the list of Amendment 1.9 powers. The Committee felt that the General Asl!embly should continue ..to be authorized. to regulate the exercise of these powers by general law.
Paragr~lL;II(b).of the proposal 18 a restatement of the' present limitation on tbeuercise' of 1:bese-:-powerlJ'with1.n"' the"boundarl.er''Of ..tiother'1.ocU,;government'i~ except by contract or as authorized by law.
Paragraph III. Plannins and zoning.
The proposal represents a substantial change from the present constitutional provision. The Committee proposal authorizes the General Assembly to enact general laws establishing procedures for the exercise of power of planning and zoning by local governments. The present Constitution prohibits the General Assembly from regulating the exercise of this power. The Committee felt that general laws regulating the manner in which zoning decisions were made by the local governments would reduce the number of appellate court decisions reviewing local zoning matters to insure due process of law.
Paragraph IV. Ead.nent domain.
This proviaion is currently provided for at,Section V, Paragraph IV. The Committee proposal includes municipalities as well as counties.

Page 3
Paragraph V. Special districts.
The proposal represents a substantial change from the present provisions. The third unnumbered subparagraph of Section IV, Paragraph II presently authorizes counties. municipalities or the General Assembly to create special districts for the provision of the fifteen enumerated "Amendment 19" services and authorizes the counties or municipalities to levy a tax. fee or assessment only within that district for such services. Section V. Paragraph III of the present Constitution authorizes the establishment of special taxing districts for the provision of six enumerated services by a county governing authority pursuant to a local law ratified in a referendum by a majority of the voters in the district.
The Committee proposal authorizes anyone of three enumerated methods to be utilized for the creation of a special service district and for the levy of a tax within that district to support the service. ;"Under the proposal, the General Msembly would be authorized to require a tax. fee or assessment to be levied or assessed within a district created pursuant to this paragraph. an authority not presently possessed by the GeneJ"al Assembly.
The Committee proposal expands the services for which a special district may be created to any locsl government services rather than limiting this authorization to the" fifteen enumerated Amendment 19 services.
Section II, Paragraph V(a) of the Committee proposal was intende~ to be a sufficient basis for the current local option sales tax or any other special district tax which the General Assembly may subsequently enact.
Section II, Paragraph V(b) of the ColDlll1ttee proposal was intended to authorize the General Assembly by general law to prescribe conditions under which a special district would have to be crested by a local government. This authorization would allow the General Assembly to deal legislatively with the so-called "double taxation" problem.
Section II. Paragraph V(c) of the ColDlll1ttee proposal was intended to preserve the present self-executing grant of authority to local governments to create special service districts and levy a tax. fee or assessment therein for such services. The only limitation placed on this self-executing grant would be that no action taken to creste a district pursuant to this authority could supercede a law enacted by the General Assembly pursuant to Section II, Paragraph V(a) or Paragraph V(b).
Paragraph VI. Community redevelop1ll!!nt.
Paragraph VI(a) of the proposal represents an editorial revision of Section IV .,.,paragrapl! l'l, gf ;he pus,e.nt Constitution The CollllJ1it~ACQgD1.l!!A_t.-hat much of the language was unnecessary but that the concept of the disposition of property acquired by eminent domain to private enterprise for private use needed to be retained in the Constitution.
Paragraph VI(b) of the proposal represents a significant change from the present Constitution. The ColDIII1ttee felt that .broad authorization should be granted to the General Assembly to authorize local governments or redevelopment agencies to engage in innovative methods of finance for redevelopment purposes. The authorization for these types of redevelopment programs has been the subject of several local constitutional amendments creating Downtown Development Authorities. A general amendment to the Constitution similar to the one proposed at Paragraph VI(b) was on the ballot in the 1980 general election.
Paragraph VII. Limitation on the taxing power and contributions of counties, municipalities, and political subdivisions.
The proposal represents an editorial revision of Section IV. Paragraph III of the present Constitution. The provision prohibiting the General Assembly from authorizing any local governments "to become a stockholder in any company " was omitted. The Committee felt that this prohibition was included in the prohibition against local governments being authorized to "lend its credit" to such entities.

Page 4
The phrase "corporation or association" was modified by the term "non-public" so as not to preclude the support of public corporations (e.g. local development authorities) ~ local governments.
Paragraph VIII. Sovereign immunity of counties, municipalities, and other political subdivisions.
This is an entirely new provision. The Committee felt that both county and municipal governing authorities should be treated alike with respect to sovereign immunity and that, unless otherwise provided by law, they should enjoy the same immunity from suit as the State.
SECTION III INTERGOVERNMENTAL RELATIONS
The Committee felt that Article IX should retain a broad authorization for intergovernmental contracting and that intergovernmental consolidation should be facilitated. The Committee was apprised of the fact that all governmental consolidations that have been proposed or implemented in Georgia have been initiated by local constitutional amendments.
Paragraph I. Intergovernmental contracts.
The proposal represents an editorial revision of Section IV, Paragraphs I (a) , I(b) and I(c) of the present Constitution. The first unnumbered subparagraph of Paragraph I(a), relative to the mandatory state appropriation for payments under lease contracts entered into with public authorities created and activated prior to 1960, was omitted from the Article IX draft proposal. At several places in the proposed revision of Article VII reference is made to the obligation of the State fiscal officer to make payments under Article IX, Section. IV, Paragraph I(a) of the Constitution of 1976. Also, reference is made to these contracts in Article VII in connection with determining the formula for highest aggregate annual debt service and in the issuance of refunding obligations issued upon the security of these contracts; these provisions specifically require that the mandated appropriations for payment under these contracts shall attach and inure to the benefit of the refunding issue.
Paragraph I(a) of the draft proposal expands the authorized subject matter of contracts which may be entered into between governments. It also authorizes the General Assembly to enact general laws relative to the self-executing grant of authority to enter into these intergovernmental contracts, an authorization which is not contained in the present Constitution. Paragraph I(b) of the draft proposal authorizes local governments to convey property in connection with any intergovernmental contracts. The conditions which are presently imposed on such conveyance (1) that such conveyed property shall not be lIIOrtgaged or pledged to secure o~ligations of the grantee and.(2) that such property be used for the same purposes as before the conveyance - were delected; to be provided by law.
Paragraph II. Local government reorganization.
This is a new provision. The Committee felt that governmental consolidation should be facilitated and that the General Assembly should be authorized to provide by general law for matters necessary or convenient to local government consolidation and reorganization. The Committee proposal requires that any form of governmental reorganization be approved by a majority of the qualified voters .voting within the county.

Page 5

SECTION IV TAXATION POWER OF COUNTY AND MUNICIPAL CORPORATIONS

The Committee felt that counties and municipalities should be given broad authority to tax and spend. The Committee was cognizant of the restrictive interpretation given the county taxation provisions of the present Constitution and intended to remedy tha t problem.
Paragraph I. Power of taxation
The proposal represents a substantial change from the present provision where. counties are authorized to tax for a list of fourteen enumerated purposes. The proposal deletes these enumerated purposes an~ distinguishes between the exercise of the power of taxation and the expenditure of public funds for certain purposes. The proposal baa been expanded to include counties, municipalities and combinations thereof.
Paragraph I(a) of the proposal authorizes local governments to exercise the power of taxation as authorized by the_ Constitution or by law. The Committee wanted to insure that the authorizations for taxation contained in municipal. _~h~r~e!s_ .~~~cal laws.Lw.ould be continued.
Paragraph I(b) of the proposal authorizes local governments to spend public funds to perform any public service or public function as authorized by the Constitution or by law (i.e. charter/local act provisions or general law) or to perform any other service or function as authorized by the Constitution or by general ia;:---Therefore, either general law or constitutional authorization would have to be obtained to provide quasi-public or strictly proprietory services (e. g. operation of cable tv). The present provision which provides that "Do levy need state the particularpurposes nor shall any taxes collected be allocated .for any particular purpose ", was retained at Paragraph I(c) of the proposal.

SECTION V LIMITATION ON LOCAL DEBT

The proposal represents a substantial editorial revision of the present section under a new format. The Committee felt that since the incurrence of one type of debt required an election by the people while other types of debt did not, a clear distinction should be drawn as between these two types of debt.

paragrap~i:. Debt limitations of-'countiesrmunicipalities, .and.. other political subdivisions.

Paragraph I(a) of the proposal retains the two principal limitations on the

incurrence of debt by any local government or political subdivision. The debt

may not exceed ten percent of the assessed value of all taxable property within

the jurisdiction and may not be incurred without the assent of a majority of

the voters. Note, however, that Section VII, Paragraph III of present Article IX

was omitted in its entirety. This provision authorizes the General Assembly to

allow local governments to incur an additional debt not to exceed in the

aggregate 3% of the assessed value of all the taxable property therein. This

debt incurrence would be subject to a referendum held for that purpose, and

would be repayable in equal installments within 5 years next succeeding the

issuance of the debt instrument. Thus, under present provisions, local

governments may incur debt not to exceed in the aggregate 13% of the assessed

value of the property within their jurisdictions.

---

The Committee felt that the dramatic rise in property values since the adoption of the 3% provision had undermined its purpose and intent. It was felt that the 10% limitation gave the local governments sufficient flexibility to manage their affairs relative to their need to incur debt.

Paragraph I(b) authorizes school systems which are authorized to incur debt in excess of the ten percent limitation to continue to incur such debt. The inclusion of Paragraph I(b) was requested by the Committee to Revise Article VIII, in order to insure that pre-l877 school systems would not be adversely affected by the provisions of this paragraph.

Page 5

SECTION IV TAXATION POWER OF COUNTY AND MUNICIPAL CORPORATIONS

The Committee felt that counties and municipalities should be given broad authority to tax and spend. The Committee was cognizant of the restrictive interpretation given the county taxation provisions of the present Constitution and intended to remedy that problem.
Paragraph I. Power of taxation
The proposal represents a substantial change from the present provision where. counties are authorized to tax for a list of fourteen enWllerated purposes. The proposal deletes these enWllerated purposes an~ distinguishes between the exercise of the power of taxation and the expenditure of public funds for certain purposes. The proposal has been expanded to include counties, municipalities and combinations thereof.
Paragraph I{~) of the proposal authorizes local governments to exercise the power of taxation as authorized by the_ Constitution or by law. 'lbe ' Committee wanted to insure that the authorizations for taxation contained in municip~~_~h~r~e_r__ .~~~cal laws,t.w.ould be continued.
Paragraph I{b) of the proposal authorizes local governments to spend public funds to perform any public service or public function as authorized by the Constitution or by law (i.e. charter/local act provisions or general law) or to perform any other service or function as authorized by the Constitution or by general law. Therefore, either general law or constitutional authorization would have to be obtained to provide quasi-public or strictly proprietory services (e.g. operation of cable tv). The present provision which provides that "Do levy need state the particular' purposes norsha11 any taxes collected be allocated ,for any particular purpose ", was retained at Paragraph I{c) of the proposal.

SECTION V LIMITATION ON LOCAL DEBT

The proposal represents a substantial editorial revision of the present section under a new format. The Committee felt that since the incurrence of one type of debt required an election by the people while other types of debt did not, a clear distinction should be drawn as between these two types of debt.

Pli:ragrap~'t. Debt limitations of"countiesrmunicipalities, .and other political subdivisions.

Paragraph I(a) of the proposal retains the two principal. limitations on the

incurrence of debt by any local government or political subdivision. The debt

may not exceed ten percent of the assessed value of all taxable property within

the jurisdiction and may not be incurred without the assent of a majority of

the voters. Note, however, that Section VII, Paragraph III of present Article IX

was omitted in its entirety. This provision authorizes the General Assembly to

allow local governments to incur an additional debt not to exceed in the

aggregate 3% of the assessed value of all the taxable property therein. This

debt incurrence would be subject to a referendWll held for that purpose, and

would be repayable in equal installments within 5 years next succeeding the

issuance of the debt instrument. Thus, under present provisions, local

governments may incur debt not to exceed in the aggregate 13% of the assessed

value of the property within their jurisdictions.

---

The Committee felt that the dramatic rise in property values since the adoption of the 3% provision had undermined its purpose and intent. It was felt that
the 10% limitation gave the local governments sufficient flexibility to manage their affairs relative to their need to incur debt.

Paragraph I(b) authorizes school systems which are authorized to incur debt in excess of the ten percent limitation to continue to incur such debt. The inclusion of Paragraph I(b) was requested by the Committee to Revise Article VIII, in order to insure that pre-1877 school systems would not be adversely,affected by the provisions of this paragraph.

Page 6
Paragraph II. Special district debt
This is a new provision which authorizes local governments to incur debt on behalf of special districts where such funds are needed to construct facilities for the provision of services within that district. The debt incurred pursuant to this provision. together with other debt of the local government. could. never exceed the ten percent limitation and would have to be authorized by a majority vote of the people within the district. A special tax would have to be levied only within the district to service the debt incurred. This proposal represents an attempt to deal by general provision with an issue which has been the subject of several local constitutional amendments.
Paragraph Ill. Refunding of outstanding indebtedness
This is a new provision to provide for the issuance of refunding bonds without the need for an election. The Committee felt that since the original bond issue had been approved by a referendum. the refunding of that original bond issue should not be subject to approval in a referendum under certain conditions. principally where the total principal and interest payment requirements over the remaining term of the original issue would be reduced.
Paragraph IV. Exceptions to debt limitations
The proposal is an editorial restatement of the preaent conditions and purposes for which debt may be incurred without the need for a referendum. The Committee felt that much of the language could be reduced in the interest of brevity but that the four specific exceptions to the debt limitation should be continued.
Paragraph V. Levy of taxes to pay bonds; sinking fund required
The proposal combines the present provisions from Section VII. Paragraph II. Levy of Taxes to Pay Bonds and Section VIII. Paragraph V. Sinking Fund for Bonds. Omitted from the draft is the provision relative to "malpractice in office" for persons guilty of violating the investment restrictions on monies held in the sinking fund. Also omitted is the specific investment restrictions. which are to be provided for by law.
Paragraph VI. Validity of prior bond issues.
The proposal is intended to insure the validity of bonds validated and issued prior to the effective date of the new Constitution. While the Committee felt that both federal and state constitutional prohibitions against the impairment of contracts would protect these bonds. nevertheless decided to include this paragraph to discourage any possible litigation on the issue.
SECTION VI ' REVENUE BONDS
The proposalrepresents.a substantial editorial revision of the present section. The Committee felt that the terms "revenue obligations". "revenue anticipation obligations" and "revenue certificate laws" were antiquated and decided to use the term "revenue bonds" throughout the section.' Furthermore. the Committee acknOwledged the fact that some revenue bonds could be issued without the need for a referendum while the issuance of other types of revenue bonds could occur only after a referendum. The Committee decided to distinguish between these two types of revenue bonds.
Paragraph 1. . Revenue bonds; general limitations.
The proposal is a substantial change from the present constitutional provision on revenue obligations. At present. a county. municipality or political subdivision may issue revenue bonds to prOVide for the purchase or construction in wbole or in part of any revenue producing facility which is authorized under the Revenue Bond Law of ~937 as amended through 1939. Any legislative amendment to the Revenue Bond Law authorizing an additional revenue-producing facility subsequent to 1939 would therefore be of questionable constitutional validity under the present provision. The draft proposal authorizes the issuance of revenue bonds by "any county. municipal corporation or political subdivision

Page 7
of this State, or Public Authority as provided by law." The intent of the Committee was to omit the present limitation on the purposes for which revenue bonds could be issued to allow the General Assembly to exercise discretion prospectively to prescribe by general law purposes for which revenue bonds could be issued. Revenue bond issuance by the local governments is currently regulated by general law ss to the procedures necessary for validation.
The authority of public authorities to issue revenue bonds was slso made subject to general law and included in this Paragraph. The Committee intended to prohibit the creation of local authorities by local' law and the issuance of revenue bonds by such authorities for purposes other than those contained in the general law.
Much of the present language was rendered unnecessary and properly relegated to statute once the decision was made to allow the General Assembly to provide by law for the issuance of revenue bonds and for the purposes therefor. Retained in this consitutional provision is the concept that the debt represented by revenue bonds is not a debt against the issuing political subdivision within the meaning of the constitutional debt limitation and that the power of taxation cannot be exercised for the purpose of paying any part of the principal or interest of revenue bonds.
Paragraph II. Revenue bonds; special limitations.
The proposal is a restatement of the present provision which imposes the requirement of a referendum for the issuance of revenue bonds f9r gas or electric generating or distribution systems, but omits the specific procedures for calling the' referendum. The limitation on the taxation and regulation ~f these systems is retained.
Paragraph III. Development Authorities.
The proposal is the same as the provision in the present Constitution at Article IX, Section VIII, Paragraph II.
Paragraph IV. Validation.
The proposal is the same as the last sentence in the present Constitution at Article IX, Section VIII, Paragraph II, except that the proposed revision mandates that the General Assembly provide for the validation of any revenue bond authorized and that such validation be conclusive.
Paragraph V. Validity'of:prior revenue bond issues.
The proposal is included to insure the validity. of revenue bonds.validated and issued prior to the effective date of the new Constitution.
Finally, note the follOWing deletions from present Paragraph IX: 1. Section VIII, Paragraph I, relative to the Brunswick Port Authority. This
provision ratifies and confirms a local act of the General Assembly. This specific local act was held to 'be valid by the Georgia Supreme Court in Sigman v. Brunswick Port Authority, 214 Ga. 332 (1958).
2. Section VIII, Paragraphs III and IV. The Committee felt that these provisions were antiquated and that the provision in the draft proposal at Section VII, Paragraph II was sufficient authority for the refunding of outstanding indebtedness.

COMMITTEE MEMBERS:
GEORGE BUSBEE GOVERNOR CHAIRMAN
ZEL.L MIL.L.ER L.IEUTENANT GOVERNOR
THOMAS B. MURPHY SPEAKER. HOUSE OF REPRESENTATIVES
ROBERT H. JORDAN CHIEF JUSTICE. SUPREME COURT
J. KELLEY QUIL.L.IAN CHIEF JUDGE. COURT OF APPEALS
ARTHUR K. BOL.TON ATTORNEY GENERAL
MARCUS B. CALHOUN SENIOR JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATLANTA. GEORGIA 30334
404/155150 7'58

COMMITTEES MEMBERS;
AI. HOLL.OWAY SENATE PRESIDENT PRO TEMPORE
JACK CONNEL.L. SPEAKER PRO TEMPORE
ROY E. BARNES CHAIRMAN. SENATE JUDICIARY COMMITTEE
WAYNE SNOW. JR. CHAIRMAN. HOUSE JUDICIARY COMMITTEE
FRANK H. EDWARDS SPECIAL. COUNSEL
J. ROBIN HARRIS EXECUTIVE DIRECTOR
MELVIN B. HlwL. JR. ASSiSTANT EXEcunVE DIRECTOR

TO: MEMBERS, SELECT COMMITTEE ON CONSTITUTIONAL REVISION AND LEGISLATIVE OVERVIEW COMMITTEE
FROM: Michael J. Henry, Staff Attorney
SUBJECT: Staff Recommendations for Changes in Article IX (Counties and. Municipal Corporations)
DATE: June 17, 1981

Since the date of the completion of the proposal to revise Article IX by that Committee, the staff has been in the process of reviewing that proposal in relation to the proposals submitted by the other Article Committees. Comments have been solicited from various city and county attorneys as well as bond attorneys on that proposal. Several suggestions have been received and they have been incorporated into the staff recommendations included in this memorandum.
1. Article IX, Section I, Paragraph II(b) needs to be changed to read:
"The metes and bounds of the several counties and the county sites shall remain as prescribed by law on June 30, 1983, unless changed under the operation of a general law." (change underlined)
The present constitutional provision, Article IX, Section I, Paragraph V, County Sites changed; method, provides that a county site may be changed after a favorable referendum by two-thirds of the voters of the county and by a majority of the General Assembly. The general law which implements this provision provides that, after such favorable referendum, the General Assembly may adopt "appropriate legislation" to make the county site change. This general law is clearly authorized by the constitutional provision The Committee proposal provides for county sites to be changed pursuant to a general law. It is not clear whether a general law, absent specific constitutional authorization, can prescribe that a local law be used to effectuate its provisions. Therefore, the suggested change to "under the operation of" from "pursuant to" a general law may help make clear that the authorization contained in the present general law, to enact "appropriate [local] legislation'.', is constitutionally valid.

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SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE June 17, 1981 Page 2
2. Article IX, Section III, Paragraphs I(a) and I(b) of the Committee proposal were intended to be substituted in lieu of Article IX Section VI, Paragraphs l(a), (b) and (c) of the present Constitution. Two suggestions have been made relative to this proposal.
One suggestion has been that the State be added as a party to whom a conveyance can be made by a local government. This would conform to present practices whereby the State takes title to the property in some types of conveyances and designates the appropriate public agency, public corporation or public authority to be custodian of that property.
Secondly, it has been suggested that Article IX, Section VI, Paragraph I(c) of the present Constitution be retained. It has been brought to the attention of the staff that this provision contains the necessary authorization for that provision of the Hospital Authorities Law (Ga. Code Ann. 88-18) which allows local governments to pay "principal, int'erest and sinking fund and other reserve requirements in connection with the issuance of revenue [bonds) by [Hospital) Authorities "
In light of these suggestions, staff recommends that Paragraph I(b) be amended to read as follows:
"Subject to such limitations as may be provided by general law, any county, municipality or combination thereof may, in connection with any contracts authorized in this Paragraph, convey any existing facilities or equipment to the State or to any public agency, public corporation, or public authority and may obligate itself to pay for the cost of acquisition, construction, modernization or repairs of necessary buildings and facilities of any hospital authority." (additions underlined)
3. Article IX, Section IV, Taxation Power of County and Municipal Governments.
The staff has recommended that the Article VII proposal to allow the General Assembly to authorize counties to levy and collect business and occupational taxes and license fees in the unincorporated areas of the county be placed in Section IV of Article IX. In connection with this recommendation, the staff also suggests that a provision be included to authorize municipalities to levy and collect such a tax within the municipal
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corporate limits and that Paragraph I of Section IV be restated to limit the delegation of the authority to tax to general law. This proposed revision would read as follows:
"Paragraph I, Power of taxation. (a) Except as otherwise provided in this Paragraph, the governing authority of any county, municipality, or combination thereof may exercise the power of taxation as authorized by this Constitution or by general law."
(b) In the absence of a general law, (1) County governing authorities may be authorized by local law to levy and collect business and occupational taxes and license fees in the unincorporated areas of the counties; and
(2) Municipal governing authorities may be authorized by local law to levy and collect business and occupational taxes and license fees in the corporate limits of the municipalities. (changes underlined)
The term "by law" was used initially in the Committee proposal in order to insure the validity of municipal charter provisions which authorize the levy and collection of business and occupational taxes and license fees by municipalities. If a specific provision is included to authorize such municipal business taxes and fees by local law, the delegation of taxing authority to local governments can be limited to general law.
It is also recommended that subparagraph (b) of Section IV, Paragraph I become Paragraph II and that subparagraph (c) of Section IV, Paragraph I become Paragraph III.
Incorporated into the staff recommendation on this matter is the suggestion that the terms. used in the Article VII proposal, "business and occupational license fees and license taxes", is a misnomer in that a sum of money collected for the issuance of a license is a fee rather than a tax. To the extent that fees collected for the issuance ofa license exceed the amount necessary for the administration of the licensing process, they become a tax but are properly denominated, "business tax" or "occupational tax". Therefore, the staff has incorporated the proper terms, "business and occupational taxes and license fees."
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SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE June 17, 1981 Page 4
The Article VII proposal also provides that local constitutional amendments authorizing counties to levy such a tax be continued in effect as statutory law. This part of the provision would need to be reconciled with the eventual policy decision on how to deal with existing local constitutional amendments. If it is the policy decision to continue in effect local constitutional amendments in this manner (as statutory law), then these specific types of local constitutional amendments would not need to be specifically carried forward in this manner at this place in the Constitution.
4. In reviewing Section V of the proposal, the staff became concerned about the provisions providing for a sinking fund at Paragraph II,
Special district debt and Paragraph V, Levy of taxes to pay bondsj
sinking fund required, in that the language was not identical and, therefore, could result in unintended judicial construction. After consultation with bond counsel, the following suggestions are made.
(a) The last sentence of Section V, Paragraph II, Special district debt, be deleted and the following language substituted in lieu thereof:
"The proceeds of the tax collected as provided herein shall be placed in a sinking fund which shall be a trust fund to be used exclusively for the purpose of retiring such debt or acquiring or redeeming the obligations representing such debt. Such moneys shall be held and kept separate and apart from all other revenues collected and may be invested and reinvested as provided by law."
(b) The last two sentences of Section V, Paragraph V,
Levy of taxes to pay bonds; sinking fund required,
be deleted and the following language substituted in lieu thereof:.
"The proceeds of this tax, together with any other funds collected for this purpose or for the purpose of retiring, redeeming or acquiring such bonded indebtedness, shall be placed in a sinking fund which shall be a trust fund to be used exclusively for such purposes. Such monies shall be held and kept separate and apart from all other revenues collected and may be invested and reinvested as provided by law."

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5. In reviewing Section V, Paragraph IV, Exceptions to debt limitations, and in light of the Committee's intention to substantially reduce the language imposing limitations on these types of debt incurrance in order to authorize the General Assembly to expand or reduce these limitations by general law, it became apparent to the staff that Paragraph IV, as drafted, is a self-executing grant of authority to incur these types of debt. Some court decisions have held that a self-executing grant of constitutional authority may not be modified by General Assembly action, absent specific constitutional authority to do so. Therefore, in order to allow the current limitations on this local government debt incurrance to be provided by law, the first sentence of Paragraph IV should be changed to read as follows:
"Notwithstanding the debt limitations provided in Paragraph I above and without the necessity for a referendum being held therefor, the governing authority of any county, municipality, or other political subdivision of this State may, subject to conditions and limitations as provided by general law: (addition underlined)
Also, two changes need to be made in the subparagraphs which follow Paragraph IV.
(a) In subparagraph (3), there needs to be language added which clarifies the State's authority to lend money to the local governments under property re-evaluation and equalization programs, which authority is contained in the present Constitution. Thus, subparagraph (3) would need to be modified as follows:
"(3) Incur debt, by way of borrowing from any person, corporation or association as well as from the state, to pay in whole or in part the cost of property valuation and equalization programs for ad valorem tax purposes." (addition underlined)
(b) In subparagraph (4), there needs to be a modification to reflect the fact that debt incurred, if any, under the Constitution of 1976 by way of obtaining temporary loans would have to be taken into account for purposes of determining if such type of debt could be incurred under the Constitution of 1982. The staff recommends the following change at the end of the first sentence:
"and that there is no such temporary loan outstanding which was made in any prior year. All such loans .. " (change underlined)

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6. Article IX, Section VI, Paragraph II needs to be modified in order to make it consistent with Section V~ Paragraph I requirements for voter approval. The staff recommends the following changes:
"but only with the approval of a majority of the qualified voters of such subdivision votin~ in an election held for that purpose as provided by law. Where such revenue bonds " (change underlined)
7. The Committee proposal at Article IX, Section VI, Paragraph III, Development authorities. was adopted verbatim from the present constitutional provision at Article IX, Section VIII, Paragraph'II, Revenue Obligations Authorized, with the exception of changing the citation in the last sentence to the proper citation in the draft proposal. Upon further scrutiny of this citation, it appears to be improper with respect to the present constitutional provision as well as the proposed provisions.
In both eases, the provision provides that, "the issuance of Revenue Obligation (bonds] by such Authorities shall not constitute an indebtedness of the State within the meaning of [citation to the provision on local government debt]. This ambiguity needs to be clarified.
Thus, it is suggested that the last sentence of Section VI, Paragraph III, Development Authorities, read as 'follows:
"The General Assembly may exempt from taxation development authority obligations, properties, activities or income and may authorize the issuance of revenue bonds by such authorities which shall not constitute an indebtedness of the State or of any county, municipal corporati~ political subdivision thereof."
This language tracks that language currently found in the legislation implementing this provision at Ga. Code Ann. 69-1509.
Several suggestions have been made regarding the proposed implementing legislation for county home rule.
1. It was pointed out that the municipal home rule provisions require 25% of the electors to sign a petition to initiate legislation where the municipal population is from 5,000 to 100,000 and 20% of the electors if the population of the municipality is over 100,000. The proposed county home rule statute, which was taken almost verbatim from the present constitutional provision, requires 20% of the electors in counties haVing a population of more than 5,000 but less than 50,000 and 10% for counties in excess of

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50,000. ,Where a county has within its boundaries a municipality of over 100,000 population, the county would of necessity have a greater population than that. The result would be that for county purposes, it would take' considerably fewer voters to initiate legislation than in a municipality. It was suggested that the population figures and percentage of voters needed to initiate legislation should be looked at.
2. It was pointed out that there is a trend toward creating election boards throughout the state to handle election and referendum matters. The creation of these boards is accomplished by "population bracketed" statutes. The county home rule provisions repose several duties on the judge of the probate court regarding the local initiative petitions to amend or repeal a local act or county ordinance. Thus, by constitutional limitation, these local initiative matters could not be transferred to the Board of Elections in the counties that have them, even though the boards may be better staffed and equipped to handle these matters.
The Boards of Election, where created, are to perform the duties of the superintendent of election in the various counties (matters other than local initiative petitions). The superintendent is defined as the judge of the probate court of a county or the county board of elections (Ga. Code
Ann. 34-103 (ac.
The staff recommends that the term, "superintendent of elections" be inserted in the County Home rule statute where the term "judge of the probate court" is used. In this manner, the County Board of Elections, where created, may handle these local initiative matters, and the judge of the probate court, in his capacity as Superintendent of Elections, may continue his current role in these matters where there is no Board.
3. One other matter regarding the county home rule statute needs to be examined.
Where local initiative petitions have been submitted under the county home rule provision, the probate judge shall determine the validity of such petition within 60 days. Where the petition is determined to be valid, the probate judge shall issue a call not less than 10 nor more than 60 days from the date of the filing of the petition. Thus the probate judge could wait 60 days to determine the validity of the petition and presumably, foreclose an election on the matter since the call for the election would be after 60 days from the date of filing.

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The municipal home rule statute mandates a determination of validity or invalidity within 50 days of the filing of the local initiative petition. The call for election on the issue is to be made within one week after the determination of validity.
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PAGE 1

2

STATE OF GEORGIA

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4

SELECT COMMITTEE

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ON

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CONSTITUTIONAL REVISION

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MEETING OF LEGISLATIVE OVERVIEW COMMITTEE
THE HONORABLE GEORGE BUSBEE, Governor of Georgia, Presiding

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22 Room 341 State Capitol
23 Atlanta, Georgia

24 Wednesday, July 1, 1981 9:00 a.m.

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I NDE X

Consideration of:
Article X, Section I ...................... 3 Article X, Section I I .... 5 Article X, Section I I I . 5 Article X, Section IV ................... 6 Article X, Section V 9 Article X, Section VI ............. 9 Article X, Section VI I ................... 10 Article X, Section VIII ................... 11 Article X, Section IX ................... 12
Article IX, Section II, Paragraph I 20 Article IX, Section II, Paragraph 111. ... 50 Article IX, Section II, Paragraph VIII. .. 51 Article IX, Section II, Paragraph I I ..... 55

Adjournment

66

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PRO C E E DIN G S

2

GOVERNOR BUSBEE: All right, the meeting will corne

3 to order.

4

Before we proceed with Article X, we had a couple of

5 committees that were out on Article IX, and we have one on

6 fees. Do you all have a report ready this morning?

7

SENATOR KIDD: It will be twenty minutes, Governor.

8

GOVERNOR BUSBEE: In the interest of time then we

9 can proceed with Article X, and if you'll get the report in

10 then we can take this up as soon as we complete X.

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If you will, pass out the packages on X. (Pause. )
MR. HILL: You should have two things relating to

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Article X, the big package and one sheet. That's an addendum or a revision of Article X that will be explained, and Harvey Findley of the Office of Legislative Counsel will explain this Harvey worked with the committee.

18

MR. FINDLEY: Article X

19

GOVERNOR BUSBEE: Harvey, if you will hold up just a

20 minute, I think you have the thick package, and you're suppose<

21 to have a single sheet which I don't have and no one up here

22 has the single sheet.

23

(Pause. )

24

GOVERNOR BUSBEE: All right. Harvey, proceed.

25

MR. FINDLEY: The staff has presented Article X to

PAGE 4

you the way it was proposed back in 1978 when originally

2 adopted, and as proposed it made several related changes in

3 other parts of the constitution. That was dealing with the

4 constitution as it then existed.

5

Since we are proposing an entirely new constitution

6 this time, all these related changes become unnecessary. I'll

7 mention a couple of them in particular, but they have really

8 become unnecessary because of what was done in the other

9 articles, in other words as they were changed, so these

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changes and other provisions of the constitution were taken care of by revision of the other articles which you're considering individually.
I can run through those right quick, but what you have in front of you does show the way it was presented in 1978 when it was first adopted by the General Assembly. It's been adopped~by the General Assembly twice, but the document that you have in. front of you, the Section I made

18 some changes, some conforming changes in the donations and

19 gratuities clause of the constitution.

20

One of the conforming changes was removed from the

21 provision that appeared in Article X that really didn't relate

22 to retirement systems or educational systems and simply put it

23 back in the donations and gratuities clause of Article III.

24

Now, the revision of Article III has completely taker

25 another approach altogether to the matter of donations and

PAGE 5

gratuities, so that section -- the other provision in that

2 Section I was simply the expenditure of public money for publi

3 retirement sytems from the donations and gratuities clause,

4 so Section I just simply becomes unnecessary because of what

5 has happened in Article III. It just won't appear.

6

GOVERNOR BUSBEE: All right. I think everyone

7 understands now that because of the events that Harvey has

8 described Section I is not necessary. Is there any objection

9 to the deletion of Section I?

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If not, it's deleted. Proceed. MR. FINDLEY: Section II is in the same category because it deals with a change that was in Article VII which was taxation and finance article. The changes that have been made in Article VII which in effect eliminated the enumeration of purposes of taxation, this was conforming an enumerated purpose of taxation. The enumerated purposes of taxation have been eliminated, so Section II becomes unnecessary in light of

18 other changes.

19

GOVERNOR BUSBEE: Is there any objection to the

20 deletion of Section II?

21

If not, it's eliminated.

22

MR. FINDLEY: Section III was deleting the provision

23 of the constitution that dealt with the program for elderly

24 people to attend units of the university system of Georgia

25 without the payment of tuition. The Article X committee

PAGE 6

recommended the deletion of that particular paragraph, so did

2 the Article VIII, so the Article VIII committee made the

3 same recommendation, so it doesn't appear in here now.

4

Over in Article X itself when we get to it there is

S provision for this program, and the General Assembly is

6 authorized to mandate this program by law, but there is 7 provision in Article X for this paragraph, but the detailed

8 self-executing program was recommended to be deleted both by

9 the Article VIII and Article X committees.

10

If you will read Article III, you'll see that that's

simply removing that paragraph from the constitution; it's not

putting anything in, it's removing the paragraph.

A VOICE: Move we delete it.

A VOICE: Go right ahead.

SENATOR HOLLOWAY: I'd like to say that all of these

changes to statutory law which it simply ought to be have been

cleared with the people affected; the medical folks, the

18 elderly, the aging, all of these have been cleared and they

19 agree to the method in which we're handling it.

20

GOVERNOR BUSBEE: Is there any objection to the

21 deletion of Section III? If not, it's deleted.

22

Section IV.

23

MR. FINDLEY: Section IV was a complicated provision

24 that dealt mainly with local retirement systems for school

2S boards; in other words, local retirement systems covering

PAGE 7

school teachers.

2

All the language that was there was dictated by

3 mainly the Fulton County Teachers Retirement System.

4

If you will remember, the Article X committee, one

5 of its objectives was to make unnecessary and specifically

6 repeal all local constitutional amendments dealing with

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retirement matters. Subsequent events -- Fulton County's

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retirement system, teachers' retirement system was funded

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from county funds pursuant to a 1939 local constitutional

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amendment. This language was necessary at that time because of that situation and to give some language so that that local constitutional amendment could be repealed.
Subsequent to that the funding of that retirement system has been switched from county funds to education funds by action of the General Assembly. In other words, the delegation dealt with this in 1979 or '80 I believe it was, switched the funding to it, so the effect of this is this

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entire paragraph with one exception that I'll mention to you

19
and that's on your pass-out, this little addition, becomes
20
unnecessary because of subsequent events.
21
However, the Fulton County delegation at the time 22
the Article X committee proposed this could not reach 23
agreement to grant horne rule on this particular retirement 24
system. The delegation felt that the only realistic way to 25
handle the matter was to leave the control of this particular

PAGE 8

retirement system in the General Assembly. It's established

2 by local act, it's always been amended by local act, so when

3 you drop out this paragraph, it's a complicated paragraph that

4 is involved in section IV, then in order to keep from granting

5 home rule to the Board of Commissioners of Fulton County over

6 a teachers' retirement system then you have to put in some

7 language over in Article X, and that's what the addition does,

8 and it maintains the status of this, that is leaving it in the

9 General Assembly the same as this proposal was that was before

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you, so the General Assembly will still control this particula local retirement system, but all this language becomes unnecessary, so this short addition here will take the place of it just to avoid the possibility of it being construed to give the Board of Commissioners of Fulton County home rule powers over the teachers' retirement system of Fulton County. It will still be controlled by the General Assembly
GOVENOR BUSBEE: So the posture we're in, we've

18 stricken the first three sections, and this would be the first

19 one in Article X would be the pass-out that you have.

20

Is there a motion?

21

A VOICE: Moved.

22

(Motion seconded.)

23

GOVERNOR BUSBEE: The motion is made and seconded

24 that the short sheet that we have for Paragraph III be adopted

25

Is there any discussion? If not, is there objection

PAGE 9

to ordering the previous question?

2

Hearing none, is there objection to the adoption of

3 this amendment? Hearing none, it is adopted.

4

MR. FINDLEY: section V made a related change in

5 the limitations on county home rule consistent with the

6 Article X Committee's recommendation to give broad home rule

7 over retirement matters to both counties and municipalities.

8 The Article IX committee has recommended a statutory approach

9 to home rule so the limitations on home rule no longer appear

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in the constitution. As a result, Section V simply becomes unnecessary.
A VOICE: Move it be deleted. (Motion seconded.) GOVERNOR BUSBEE: Discussion? Is there any objection to the deletion of Section V? Hearing none, Section V is deleted MR. FINDLEY: Section VI is in the very same

18 category.

19

A VOICE: Move it be deleted.

20

MR. FINDLEY: It made a conforming change in the

21 section dealing with the compensation of employees of counties

22 That is being handled -- that provision does not appear in 23 the constitution. This was amending an existing provision;

24 that provision will not appear in the revised constitution

25 as presented by the Article IX committee, so Section VI again

PAGE 10

becomes unnecessary because it's amending a paragraph that's

2 not in the constitution as recommended by the Article IX

3 committee.

4

SENATOR HOLLOWAY: Move the adoption of Section VI.

5

GOVERNOR BUSBEE: Just a minute. Mr. Lee was just

6 announcing he's not going to run for governor, and I was

7 stricken by that and surprised, and I really didn't get --

8

A VOICE: Disappointed.

9

GOVERNOR BUSBEE: I believe now we're on Section VI

10 and, Harvey, we have a committee that's out now I believe,

and this will be in another article, but we have a committee

that's considering the fixing of salaries and compensation.

Isn't that what's out now?

A VOICE: Yes.

GOVERNOR BUSBEE: So it's not going to appear in

this article.

MR. FINDLEY: It's not necessary as it appears here.

18

GOVERNOR BUSBEE: Is there a motion it be deleted?

19

A VOICE: So moved.

20

(Motion seconded.)

21

GOVERNOR BUSBEE: All right. Is there discussion?

22 If not, is there objection to the deletion of Section VI?

23 Hearing none, it's deleted.

24

MR. FINDLEY: Section VII is the basic home rule

25 power recommended by the Article X committee. That is the

PAGE 11

granting of very broad home rule powers over local retirement

2 systems, and including retirement systems created by popula-

3 tion acts. That will appear as in the -- Yesterday you

4 considered the so-called Amendment 19 powers which will

5 appear in Article IX. Paragraph XIV there is parallel to

6 this amendment. In other words, the substance of this

7 amendment, this was amending what used to be Amendment 19.

8 Amendment 19 is being retained in the constitution, but the

9 number simply changes and this is Paragraph XIV in that

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enumeration, so it's unnecessary from the standpoint of Article X, but it is taken care of in the Article IX proposal.
A VOICE: .Hove the adoption. GOVERNOR BUSBEE: Move the deletion? A VOICE: Yes. (Motion seconded.) GOVERNOR BUSBEE: The motion is made and seconded

18 it be deleted. Discussion?

19

If not, is there objection? Hearing none, it is

20 deleted.

21

MR. FINDLEY: Section VIII deals with a limitation

22 on the expenditure of moneys by political subdivisions, and

23 out of an abundance of caution the Article X committee

24 recommended putting a pr~viso in there to make sure that i t

25 applied to the expenditure of public funds for retirement

PAGE 12

systems. It's unnecessary because of the rewrite of this

2 particular provision this was amending in the Article IX

3 proposal. This becomes unnecessary as a recommendation of

4 the Article X committee because it's taken care of by

5 Article IX.

6

A VOICE: Move its deletion.

7

GOVERNOR BUSBEE: Move to delete it. Discussion?

8 Hearing none, is there objection?

9

It's deleted.

10

MR. FINDLEY: Section IX was amending the provision

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the

enumerated purposes

of

taxation by counties.

12i The enumerated purposes of taxation by counties has been

~r~ removed by the Article IX proposal, there is no enumeration,

! 14 it takes a very broad approach, so this becomes unnecessary t;; :I:
15 .:l from the standpoint of Article X.

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A VOICE: Move its deletion .

17 :

(Motion seconded.)

18

GOVERNOR BUSBEE: The motion is made and seconded it

19 be deleted. Discussion?

20

Is there objection? Hearing none, it's deleted.

21

Excuse me. Representative Burruss.

22

REPRESENTATIVE BURRUSS: I don't have a Section IX.

23

A VOICE: Page 7.

24

GOVERNOR BUSBEE: Page 7 at the very top. Do you

25 have a page 7 in your package? The top of it is Section IX.

PAGE 13

A VOICE: What happened to the Paragraph III then

2 that's shown?

3

GOVERNOR BUSBEE: Paragraph III is part of the

4 section VIII that was just deleted.

5

All right. On Section IX on page 7 it was moved

6 that we delete it. Discussion?

7

If not, is there objection to deletion? Hearing

8 none, it's deleted.

9

Section X.

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MR. FINDLEY: That brings us to the Article X proposal itself, and there are no changes in the Article X proposal from the way it was adopted by the General Assembly with this exception which we talked about a few minutes ago; it will be put there in an appropriate place as indicated on this sheet. That needs to be put in for the reason that I mentioned a few minutes ago to make sure that the General Assembly still controls the teachers' retirement system of

18 Fulton County.

19

Other than that, the only other change which the

20 staff is recommending appears on page 9, line 11. You notice

21 that Subparagraph (4) says to provide grants, scholarships,

22 loans or other assistance to state employees for educational

23 purposes. This was put in by the Article X committee at the

24 request of the Merit System when they were considering it.

25

Last year in 1980 another amendment to the

PAGE 14

constitution was ratified to authorize an educational

2 assistance program to teachers. Since the words "State

3 employees" would not technically include the word "teachers,"

4 to make that amendment unnecessary so that all that language

5 doesn't have to be repeated in here the Article X committee

6 was trying to keep the constitution brief and general; if

7 you simply change the word "state" to "public employees"

8 then that would make that amendment that was ratified in 1980

9 unnecessary, and it would give the General Assembly the

10

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authority to provide any kind of educational assistance program to public employees if they so desired to do so.
GOVERNOR BUSBEE: Representative Coleman. REPRESENTATIVE COLEMAN: Wouldn't that include local employees of local governments and subdivisions? MR. FINDLEY: It would indeed. It would be the authority . GOVERNOR BUSBEE: It would be authority for the

18 legislature to do that. It would broaden it beyond teachers,

19 but the term "state employees" would not include teachers.

20

REPRESENTATIVE COLEMAN: It would put a lot of heat

21 on us, wouldn't it?

22

GOVERNOR BUSBEE: That's already passed; the

23 teachers is passed. What you're doing is broadening that,

24

just not saying "state employees and teachers," it would say

25

"public employees" which would include teachers, and give

PAGE 15

the legislature the authority --

2

REPRESENTATIVE COLEMAN: But public employees

3 weren't included in the constitutional amendment we passed

4 before, was it?

5

GOVERNOR BUSBEE: That's correct, it was teachers.

6

MR. FINDLEY: Just teachers.

7

Of course this is authority, it doesn't mandate

8 anything. It merely gives the General Assembly the authority

9 to do so.

10

GOVERNOR BUSBEE: Representative Jones.

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REPRESENTATIVE JONES: Would that be stretched to

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GOVERNOR BUSBEE: If the legislature wanted to

! 14 t- stretch it that far, they would have that authority, but I --

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All right. Is there a proposal that we accept

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16

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Harvey's

amendment

there

that

would

change

the

word

"state"

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18

SENATOR HOLLOWAY: So moved.

19

(Motion seconded.)

20

GOVERNOR BUSBEE: The motion is made and seconded

21 that the word "state" be changed to "public" in Subparagraph 22 (4)

23

All right. Any discussion? If not, is there any

24 objection to this amendment? Hearing none, this amendment

25 is adopted.

PAGE 16

MR. FINDLEY: That is the changes, the only

2 changes that have been recommended or made necessary by

3 the subsequent events to Article X itself.

4

Article X itself would go over -- it's been

5 adopted twice by the General Assembly already; there has been

6 no other changes in it.

7

REPRESENTATIVE LEE: In view of the fact we've had

8 that before us so many times, I move its adoption as amended.

9

GOVERNOR BUSBEE: The motion is that Article X

10

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which was already previously approved be adopted as amended by you this morning.
MR. FINDLEY: We don't want to forget that the elimination of -- the Article X committee recommended the specific repeal of some fourteen local constitutional amendments because they were unnecessary under their proposal.
Now, you have already adopted a policy on local

18

constitutional amendments before and these amendments will

19 be in that, so Section XIV of this proposal also becomes

20 unnecessary.

21

GOVERNOR BUSBEE: That would be deleted editorially

22 I think.

23

MR. FINDLEY: Excuse me, not Section XIV, all the

24 material dealing with local constitutional amendments becomes

25 unnecessary. That's Section XI, XII and of course the

PAGE 17

effective date there becomes unnecessary as well.

2

The remaining sections after Article X itself

3 in other words, what you need to adopt is merely the language

4 of Article X itself.

5

GOVERNOR BUSBEE: Representative Johnson.

6

REPRESENTATIVE JOHNSON: Harvey, I don't see any-

7 thing in there about the tax exemptions on the state

8 employees and the teachers retirement system. Is that covered

9 under the taxation section as exempt from state income tax,

10 the retirement system funds?

e ; ;"z 11 j: 'o."".". Johnson.

MR. FINDLEY: It would be statutory, Representative You all have had proposals before you, and I think

something passed last session. Some of the people on the

! 14 ~ Ways and Means Committee would be well up on that, but you've '" :I:
15 .:l had proposals before you to, statutory proposals to deal with
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16 .~.. tax exemptions. This certainly wouldn't prohibit it. I Q Z
17 : mean it would leave it up to the General Assembly to draft

18 whatever tax exemptions it chose to grant.

19

GOVERNOR BUSBEE: All right. Mr. Lee's motion was

20 Article X be adopted as amended with the deletions we've made.

21

(Motion seconded.)

22

GOVERNOR BUSBEE: The motion is made and seconded.

23 Is there any discussion?,

24

If not, is there objection to the' adoption of

25 Article X as amended with the deletions?

PAGE 18

If not, it's adopted.

2

Senator Holloway.

3

SENATOR HOLLOWAY: Mr. Chairman, you can see the

4 result of the committee. We have cut the verboseness of

5 this article considerably.

6

Now, one portion of it, the pensions, that seems

7 to members of the committee was germane to Article III, and

8 the other portion on scholarships certainly is germane to

9 Article VIII.

10

It is our recommendation th~we eliminate Article X,

make the pensions section of this a part of Article III, and

the scholarships a part of Article VIII on education.

I would move that the editing committee be authorized

to make such changes; I think it makes sense, and of course

it goes along with our criteria of making the articles

simple to follow, and this would be a natural move for us to

make.

18

GOVERNOR BUSBEE: Senator, do you have any objection

19 if we just direct the staff to try and editorially place this

20 and then present it back to us at our next meeting?

21

SENATOR HOLLOWAY: Not at all.

22

GOVERNOR BUSBEE: Is there objection to that being

23 done? If not, the staff is so directed.

24

All right. Now we have two or three matters --

25 that completes Article X, but we have two or three matters

PAGE 19

1 outstanding. One was on the fees there, they said that report

2 would be up.

3

Culver, where is that report? Do you all have it?

4 You said ten minutes, I know you wouldn't tell a lie.

5

SENATOR KIDD: Give us just a few more minutes on

6 that.
7

GOVERNOR BUSBEE: We have another one. Do you have

8 one?

9

A VOICE: We skipped some stuff yesterday too.

10

GOVERNOR BUSBEE: We're going back now.

While they're getting that, Mel, do you want to pass

this out now? While we're waiting on the unnecessary delay

that's been caused by the procrastination of the people

involved we'll take up another matter.

Pass out the proposed revision of the Article IX

draft.

(Pause. )

18

GOVERNOR BUSBEE: All right. Do you have the report

19 on the fees yet?

20

Who has the report on page 2, Article IX there

21 about the minimum compensation for county officers? Don't

22 we have a report on that?

23

A VOICE: They're meeting back there.

24

(Pause.)

25

GOVERNOR BUSBEE: All right. If everybody will take

PAGE 20

your seat, we're going to try and line this up as best we can.

2

If you will take the handout that you had yesterday

3 for Article IX and turn to page 2 --

4

MR. HILL: All right. Yesterday the committee

5 approved

6

GOVERNOR BUSBEE: Just a minute. Has everybody

7 located now -- if you'll go to Section II, Paragraph I in the

8 middle of the page --

9

MR. HILL: Yesterday the committee approved the

10 proposed revision that the committee was recommending for

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but some of the members of the committee had expressed some concern about removing from the constitution the selfexecuting grant of home rule authority to counties, and so this proposal is to put it back essentially the way it is.

18

If you'll look at Alternative 1, it would have home

19 rule for counties which tracks the present language of the 20 first paragraph.

21

There is one editorial change toward the end of that

22 sentence. In the present constition it says for which no

23 provision has been made by general law and which are not

24 inconsistent with this constitution or with any local law

25 applicable thereto.

PAGE 21

Well, we felt that that was inherent; of course it

2 can't be inconsistent with the constitution, so that was

3 deleted.

4

This would require the General Assembly then to

5 enact a statute to limit and define the powers of home rule,

6 and that's exactly what the statute that is in this package

7 does, it basically states this, and then it goes on to say

8 that home rule does not extend to these areas and it lists

9 eight areas or any other areas the General Assembly shall

10 preempt by general law.

Paragraph II on home rule for municipalities is

exactly what we have in the constitution now for municipa1itie Now, that's Alternative 1 to leave counties and
cities exactly as they are in the present constitution, with much of the present language on home rule omitted to be provided for by statute.

Alternative 2 would treat counties and municipa1i-

18

ties exactly the same; it would give each of them a se1f-

19 executing grant but require the statute to be enacted to

20

limit the home rule powers.

21

Now, it is my understanding that Alternative 1 is

22

what is favored by the respective associations, and this would

23

be certainly more acceptable than what was approved yesterday

24

as against Alternative 2, so you do have two options here,

25

or you have the option to go back to what the original

PAGE 22

article committee recommended, but a number of the committee

2 members were concerned about the reaction that we'll have,

3 and so that is what these alternatives propose to do.

4

SENATOR BARNES: Mr. Chairman.

5

GOVERNOR BUSBEE: Senator Barnes.

6

SENATOR BARNES: Is it not true that in Alternative

7 1 as I read it, or maybe you've stated this, the home rule

8 for counties is self-executing, but the home rule for

9 municipalities is not?

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MR. HILL: Yes. SENATOR BARNES: Well, let me ask you one other thing. As Professor Perry Sentell has asked many, many times who is recognized pretty well as an expert on this, what does it mean that a county or a municipality as it's used has the right to adopt "clearly resonable ordinances"? What does it mean to be clearly reasonable? MR. HILL: Well, there have been questions raised

18 by city attorneys and county attorneys about that, and the

19 fact is it may have had a chilling effect on the use of home

20 rule by cities and counties because they are somewhat

21 concerned. They may all agree that it's reasonable, but 22 clearly reasonable may set a higher standard, so it may have

23 had a chilling effect on the exercise of home rule authority.

24

As a matter of fact, in the statutes themselves

25 this term was eliminated. If you look at the proposed

PAGE 23

municipal and county home rule statutes as the committee 2 drafted you will see that they're recommending that this

3 clearly reasonable limitation be eliminated and just say

4 adopt ordinances, resolutions and regulations relating to

5 for which no provision is made by general law.

6

SENATOR BARNES: The home rule statutes we've

7 always had, the statutes have not used the clearly reasonable

8 standard, but the constitution has, and of course the

9 constitution will prevail if there was a conflict or differencE,

10 and I know representing some governmental bodies sometimes we

get that raised, and it always makes me uncomfortable.

MR. HILL: Right. It's my understanding that

municipal home rule says clearly reasonable, and the county

home rule provision of the constitution says clearly

reasonable.

SENATOR BARNES: But not the statute.

MR. HILL: No, I believe the statute uses the same

18

term; it's an identical provision.

19

Harvey, is that your recollection of this?

20

GOVERNOR BUSBEE: Senator Dean.

21

SENATOR DEAN: Mr. Chairman, in either Plan 1 or 2

22

does the counties and/or the cities have the right to set

23

their own salaries by adoption of this, or must we give them

24

that right under a statute or a local statute?

25

MR. HILL: Under this provision what home rule

PAGE 24

means will be dependent on what you decide in the statute.

2 If you want to give the power to set salaries locally, you

3 can do that by this general law.

4

GOVERNOR BUSBEE: Mel, I'm going to try and outline

5 the way I see it. I don't think it's all this complex,

6 except some of you don't have the existing constitution

7 it's attached under there -- but what we have presently, and

8 just to take the counties first, the language that you have 9 here is -- and I'll read what the existing constitution is

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and explain the difference -- is that under the language in the existing constitution if you will look at Paragraph I on your handout it says that the governing authority of each county shall have the legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs or local government for which no provision has been made by general law and which is not inconsistent with this constitution or any local law

18

applicable thereto. Any such local law shall remain in

19

force and effect until amended or repealed as provided by

20

Subparagraph (b). This, however, shall not restrict the

21

authority of the General Assembly by general law to further

22

define this power or to broaden, limit or otherwise regulate

23

the exercise thereof.

24

Now, you have in the constitution on the next page

25

a limitation of certain things that cannot be done by home

PAGE 25

rule regardless of what the statute says.

2

Under the proposal that's on both proposals that

3 you have it's felt that it's unnecessary to outline all of

4 these things which they can't do, because you simply will

5 pass the statute which they have attached, and that will

6 eliminate the need of those things being in the constitution.

7 That would be such things as raising their own compensation

8

and those things that are prohibited, but I don't think

9 there's really any difference of opinion among the commission

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about that statutory change of putting those prohibitions that are now in the constitution by the statute.
So that brings you down to what you have now. You have two alternatives. The first alternative on the home rule for counties will be substantially what they have now, which will be a self-executing home rule provision which means that they can do all those things that you have not passed general laws on, they can do all the things that are

18

clearly reasonable, and that's what Roy is talking about,

19 and that's in the existing constitution.

20

Now, the next provision, Paragraph II, would be on

21

your home rule for municipalities alternative, and that's as

22

is.

23

But now in Alternative 2 they simply combine and

24 give the cities the same powers as you give to the counties

25 which is in Alternative 1.

PAGE 26

Now you get down to what was the proposal of the

2 article committee and what the difference is. You turn to

3 page 2 there of Article IX, it says the General Assembly is

4 authorized to enact general laws providing for the self-

5 government of counties or municipalities, or both, and to

6 that end it is expressly given the authority to delegage its

7 powers so that matters pertaining to counties, municipalities,

8 or both, may be dealt with without the necessity of action

9 by the General Assembly, so that is not self-executing,

10
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they would not have those powers which they presently have in the existing constitution to do those things which are clearly reasonable on which you don't have general legislation.
That's the posture that you're in. I just think that it's kind of a clear presentation as to whatever you want to do .
All right. Representative Connell.

18

REPRESENTATIVE CONNELL: If you look at Alternative

19 2, on some of the copies, Governor, it looks like the Xerox

20 machine must have -- it looks like it lined out part of it.

21 Are some of your copies like that?

22

GOVERNOR BUSBEE: Yours is clearly lined out. Hels

23 referring to Alternative 2 that's on your handout, the last

24 three lines that are stricken, "This grant of authority shall

25 not restrict the authority of the General Assembly by general

PAGE 27

law to further define this power or to broaden, limit or

2 otherwise regulate the exercise thereof." That is not a

3 strike-out, that's supposed to be in there.

4

All right. Senator Howard.

5

SENATOR HOWARD: Mel, did you state the Municipal

6 Association does not favor the self-executing grant of

7 authority to cities, that they would prefer Alternative 1 to

8 Alternative 2? I can't understand that.

9

MR. HILL: Well, a part of Professor Sentell's

10
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testimony when he spoke before this committee was that a self-executing grant of home rule authority to a city or county in the constitution is likely to be construed more strictly by the courts than a legislative grant of home rule, and they've gotten very favorable readings on their home rule authority under statutory home rule, and they don't particuarly -- they don't see the need for a change .
I'm not sure -- they haven't seen this provision,

18 you know, this happened last night. The Municipal

19 Association may agree with Alternative 2, but the last I

20 spoke with them they were satisfied with what we have, and

21 it was the County Association that was arguing for some

22 self-executing language.

23

SENATOR HOWARD: Could you tell me again the legal

24 argument for making a distinction between counties and cities

25 with respect to this power?

PAGE 28

I mean why do you think it ought to be

if you

2 have an opinion on it, why do you think Alternative 1 is

3 preferable to Alternative 2?

4

MR. HILL: I didn't say I felt that way. I mean

5 I'm not sure. I think everyone agrees --

6

SENATOR HOWARD: For those who feel that Alternative

7 1 is better, what is their reason, the legal reason?

8

MR. HILL: That's what the associations prefer.

9

MR. HARRIS: That's the legal reason.

10

MR. HILL: I would say this, everyone on the

committee agreed that they wanted to give broad home rule

authority to both cities and counties. There's never been a

question about that. The question has been how best to do

this, and there was some evidence that if you do this by

virtue of a constitutional grant that that grant will be more

strictly construed by the courts than if it's a legislative

grant, and so that's --

18

GOVERNOR BUSBEE: Let me pick up on what he's

19 explaining with reference to what Senator Barnes said, and

20 I think we ought to hear from these people, maybe postpone

21

this until the next meeting and you can vote very rapidly,

22 but there's a very substantial difference, a reason, and I

23

don't know what the municipalities feel. There is a very good

24 reason they would want to keep it like it is rather than being

25 combined with the countes, and for this reason under

PAGE 29

Paragraph II of Alternative 1 it says the General Assembly

2 may provide by law for the self-government of municipalities,

3 and to that end is expressly given the authority to delegate

4 its power so that matters pertaining to municipalities may

5 be dealt with without the necessity of action by the General

6 Assembly.

7

Now, that is a clear delegation; the courts would

8 not be concerned at all about whether or not the legislature

9 has the right to just pass a home rule statute and work with

10 them and delegate some authority; they don't have to come

back to you, they don't have to worry about the court

construction, but that authority oD delegation is not

contained in the self-executing home rule for counties.

Now, the counties have said they want what's in

Alternative 1. I don't think they would be concerned if they

have the same provision in Alternative 2, but now the

question is as I see it now if the cities say "We believe

18

in the home rule concept and the delgation, we already have

19 that delegation from the legislature, we prefer that route,"

20 maybe you want to hear from them before you take final

21

action.

22

Senator Reynolds.

23

SENATOR REYNOLDS: I move that his amendment be

24 postponed until our next meeting so that we can get input

25

from the counties and the cities, GMA and the counties.

PAGE 30

GOVERNOR BUSBEE: Senator Starr.

2

SENATOR STARR: Mr. Chairman, I'm willing to yield

3 to that motion. I have reason to believe that possibly both

4 the cities and counties would be happier with Alternative I

5 than anything else at present, but that's not written down

6 and etched in stone, so if you think it wise to postpone it,

7 but otherwise I move we adopt Alternative I as proposed here.

8

GOVERNOR BUSBEE: Senator Barnes is next.

9

SENATOR BARNES: Well, if we're going to postpone it

10 of course I guess I could wait until we take it up. My only

feeling is that Professor Perry Sentell who is recognized by

everybody in this state as the authority on local government

laws in Georgia was on this Article IX committee, and I was

on it too, and it was discussed at great length about the home

rule provisions and the problems that have been created in

the present law, and I don't -- I think the County

Commissioners Association has over-reacted to what was

18 proposed by the Article IX committee which says basically

19 that the General Assembly can by statute delegate its

20 authority for home rule to cities and counties and leave it

21 up to the General Assembly to write and not go into this

22 detail about self-executing and nonself-executing clauses

23

in the constitution.

24

GOVERNOR BUSBEE: That's the reason you didn't hear

25

from your cities back home on the proposal of the article

PAGE 31

committee because that's the same type of provision they now

2 have.

3

SENATOR BARNES: And I think the County Commissionerf

4 Association has this fear that the General Assembly is not

5 going to pass I guess a home rule statute for counties, which

6 is ludicrous. Everybody knows

7

GOVERNOR BUSBEE: At the same time you could

8 eliminate their constitutional right for home rule by a

9 general statute.

10

SENATOR BARNES: I think that what the Article IX

committee has come up with as its original language is common

sense, and we ought to get all these proposals --

GOVERNOR BUSBEE: The motion on the floor is -- I

never gave an opportunity for a second is that we postpone

the consideration of this until our next meeting.

A VOICE: Seconded.

GOVERNOR BUSBEE: There's a second. All right, now,

18

discussion.

19

REPRESENTATIVE LEE: Can I ask a question about

20 this, about the alternate provision in Section III,

21 Paragraph II, Local Governments.

22

Mel, explain that to me, please. What is all that

23

about?

24

MR. HILL: Alternative 2?

25

REPRESENTATIVE LEE: Yes.

PAGE 32

GOVERNOR BUSBEE: Down at the bottom of the page.

2

MR. HILL: That relates to another section

3 altogether.

4

REPRESENTATIVE LEE: What are you attempting to do

5 with that? I think I understand it, and it troubles me.

6

MR. HILL: There was a question about the voting on

7 consolidation matters and how that should be effected, and

8 this was a proposal to say that voting will be done whatever

9 way the General Assembly provides in this general law with

10 regard to consolidation, but that is a later provision; we

can talk about that directly later if you want to, but that

was just to answer a question that was raised about who

would have to vote on these consolidation issues, and this

MR. HARRIS: Tom Triplett's question of yesterday.

REPRESENTATIVE PINKSTON: Is this motion to postpone

the whole thing, or just postpone this Paragraph I, Section

II?

18

GOVERNOR BUSBEE: It's only proposed for Paragraph

19 I of Section II.

20

Is there any further discussion on the motion to

21

postpone?

22

A VOICE: Could I ask a question, Governor?

23

GOVERNOR BUSBEE: Just a minute.

24

A SENATOR: I don't know that I want to necessarily

25 discuss the issue of postponing, but the whole issue of the

PAGE 33

authority that the city or county may have according to the

2 constitution conerns me in one area, and that area is the

3 z0ning of property, and for this reason we are getting --

4 in our county we're getting the courts involved. The city

5 and the county will have a plan for the county, and they'll

6 zone a piece of property. Well, the owner of the property

7 will take that person to court and the judge will rule that

8 the property has to be rezoned. In other words, you end up

9 with the judge being the ruling board or the person in terms

10 of z0ning of property rather than the city or the county.

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Now, my question is this. Are we changing the constitution such or -- I'm not talking about confiscating his property, but are we talking about changing the

! 14 constitution such that that local zoning board would have a lo-n :z:

.15 ~ right to zone a property and it would stick? Cl

:)

16 .~..

GOVERNOR BUSBEE: I think I can shorten this. I

Q

Z

17 : don't want to interrupt you, but if you'll turn over to page 4

18 of what you're looking at you'll see that on Paragraph III

19 that's your planning and zoning section which is not involved

20 in what we're talking about now.

21

A SENATOR: I'm going to disagree with you. Either

22 they have the authority to do it, or they don't. The courts

23 right now don't feel that they do, they call it confiscating 24 property.

25

A VOICE: We can't overrule the constitution of the

PAGE 34

United States, and the taking of property is guaranteed by

2 the constitution of the United States.

3

GOVERNOR BUSBEE: I'll have to defer to somebody

4 else. As I see it, planning and zoning is Paragraph III in

5 this section.

6

A VOICE: We adopted it yesterday.

7

GOVERNOR BUSBEE: Which was adopted. It gives you

8 a right to restrict -- the last paragraph, the new part of

9 it is This authorization of zoning shall not prohibit the

10

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General Assembly from enacting general laws for establishing general conditions and procedures for the exercise of such power, but even the legislature of Georgia can't overrule the Supreme Court of the United States in my opinion.
A VOICE: Move the question on postponement. GOVERNOR BUSBEE: All right. Is there further discussion on the motion to postpone this until the next meeting?

18

REPRESENTATIVE JONES: Just a question. On

19 yesterday we adopted Paragraph I of Section II. Did we also

20 move to reconsider it, or were we just getting further

21

information?

22

As I understand it, we adopted it and I find

23

nobody --

24

GOVERNOR BUSBEE: I think Representative Jones'

25

point is well taken. We discussed yesterday the fact we had

PAGE 35

these provisions to work on, but there was never a formal 2 motion to reconsider our adoption of Paragraph I of Section II

3 so the proper motion then would be if you want to consider

4 this at the next meeting first let's reconsider our action

5 on the adoption, and then move to postpone it. I think you're

6 right.

7

REPRESENTATIVE JONES: So the only motion we could

8 take right now, or the motion would be just to discuss at

9 the next meeting, because our posture is that this has been

10 adopted.

GOVERNOR BUSBEE: The motion I think that you allude

to would be a motion to reconsider our action on adoption of

Paragraph I yesterday, and then move to postpone it.

All right.

SENATOR HOLLOWAY: I think it would be premature to

reconsider our action until we got all the facts.

GOVERNOR BUSBEE: All right. Then what we're saying

18

now is we could always come back and reconsider anything we

19 want, and so unless there's objection we'll just defer this

20 until our next meeting, and then if you want to reconsider we

21

can, but at that time in the event you do reconsider then we

22 will have heard from these people.

23

All right. There's no motion necessary then.

24

Now we have on the same page 2 of your handout

25 yesterday on Article IX at the top of the page under

PAGE 36

Subparagraph (b) you had the minimum compensation for county

2 officers. We have a conference committee that's out on that,

3 and they have some more work to do on it and would like to

4 defer. They have no report to file at this time, and we'll

5 defer that until the next meeting.

6

All right. Senator Reynolds.

7

SENATOR REYNOLDS: Mr. Chairman, I had brought to my

8 attention yesterday in line with the matters brought up a

9 minute ago, Paragraph IlIon page 4, planning and zoning,

10
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and the word "conditions" on line 25, " ... enacting general laws establishing conditions," and I know we adopted this, but I just would like some information on it. This word "conditions," could that give us a lot of problems? "Procedures" I could see, but the County Commissioners had a real problem with "conditions."
What does conditions mean in this sentence? Procedures I see.

18

MR. HILL: I believe the committee discussed whether

19 to limit this to procedures or to add conditions, and after

20 some debate they decided that conditions is what they intended

21 This isn't just another word, it is a decision by the committe,

22 and the kind of conditions they had in mind when they were 23 discussing this was comprehensive plan perhaps, or to 24 establish whatever conditions for this exercise of zoning

25 power the General Assembly should decide.

PAGE 37

GOVERNOR BUSBEE: This was discussed, Senator, but

2 I think in fairness to you it is a change. For instance on a

3 condition -- I might just give you one

you might say a

4 county under a certain population that in order to go into

5 the county for zoning that certain conditions have to be met

6 with population density or something, but it would give the

7 legislature that authority.

8

Of course the counties are opposed to the legislaturE~

9 having that authority because they would like the self-

10
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executing constitution, but if you didn't have this in there of course you could post no conditions on zoning.
SENATOR REYNOLDS: Do you think it would bring the people coming down to the legislature complaining on zoning matters asking us to change and so forth, make changes in the county zoning? Would it put the legislature in the zoning business, the word "conditions"?
GOVERNOR BUSBEE: Yes, it puts them in there because

18

you would have the authority to provide conditions before they

19

could do certain types of zoning.

20

SENATOR REYNOLDS: That could be a nightmare.

21

GOVERNOR BUSBEE: Otherwise you can give it to the

22

county commissioners and have no appeal to the legislature

23

if you remove the term "conditions."

24

SENATOR REYNOLDS: We can make it up later.

25

GOVERNOR BUSBEE: What else do we have?

PAGE 38

I don't know of anything else unless some member

2 can call something to my attention we've overlooked that you

3 want to bring up.

4

Representative Coleman.

5

REPRESENTATIVE COLEMAN: Representative Lee asked me

6 to bring this point up. He asked for the floor while ago and

7 you ignored him. I don't know if there was any reason or

8

On this sheet, Governor, on this Item 2

9

GOVERNOR BUSBEE: Yes. We have the one thing Mr.

10
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Coleman has pointed out I referred to while ago, and I overlooked it. On the bottom of the page of the single handout that you have --
REPRESENTATIVE LEE: Are you going to adopt that or not?
GOVERNOR BUSBEE: We have -REPRESENTATIVE CONNELL: Trip was supposed to make a report on that.

18

MR. HILL: This was postponed from yesterday, and

19 there wasn't a conference committee set up because you didn't

20 disagree; there was just some confusion, and Mr. Triplett is

21 the one who had the questi@n, and we drafted this in response

22 to his question, so perhaps this too should be postponed

23

until at least he is here to discuss his problem.

24

GOVERNOR BUSBEE: All right. Representative Pinksto[l.

25

REPRESENTATIVE PINKSTON: Mr. Chairman, I'm

PAGE 39
interested in this provision -- I have no objection to post2 poning it, but my interest is this, that if I understand the 3 present law set down by the Supreme court in the case of 4 Mountain View, the present law is that municipalities are 5 creatures of this General Assembly, and therefore their 6 charters can be abolished; they can create a municipality, 7 they can take that authority away, and this is a substantial 8 change even on page 7 and 8 as in the proposal, and it's 9 carried forward here in this one sheet that it has to be 10 done by a referendum.
I have no strong feeling about it one way or the other, but I think it ought to be pointed out and not be the subject of discussion. -The legislative delegations from Clayton County I believe abolished the charter of the City of Mountain View without a referendum, a local act.
MR. HILL: I spoke with -- and Harvey you may want to speak to this as well -- but I discussed this with the 18 Office of Legislative Counsel, and the intention of this 19 paragraph is consolidation of cities and counties, and that 20 is when a referendum is going to be required, but it is not 21 goirig to affect -- at least when we discussed it we didn't 22 feel that this would have the effect of requiring a referendum 23 to abolish a city charter. That is an independent authoriza24 tion, and there are court decisions that say you have this 25 authority, and this would not affect this.

PAGE 40

This has to do with consolidation of cities and

2 counties, and this has been the subject of numerous local

3 amendments, and that is one of the -- you know, that's the

4 primary reason it's here, but it's not our opinion that you

5 would need a referendum to abolish a city charter. This will

6 not affect your authority.

7

REPRESENTATIVE PINKSTON: I respectfully have to

8 disagree with that, because I think it'~ headed up and it's

9 in the constitution that local government reorganization, and

10 it spells out all kinds of conclusions, alternatives and how

you do it and so forth, and I think if there's a referendum

attached to it you're going to have to attach one to it to

have a charter abolished.

GOVERNOR BUSBEE: All right. Representative Coleman

REPRESENTATIVE COLEMAN: If you have a county with

one municipality in it, and the legislative delegation decides

to abolish that municipal charter, it would be virtual

18 consolidation, and you would -- I believe you would run into

19 a problem on it unless we clearly point it out in here

20 somewhere.

21

GOVERNOR BUSBEE: Let me just say what is being

22 referred to -- some of you have not turned to it, it's on

23 page 7 there of your handout of yesterday about the 24 reorganization of county and municipal governments, including

25 but not lim1ted to procedures to establish a single governing

PAGE 41

body or governing authority of a municipality or munici-

2 palities located within such county, or for the merger of

3

services mr the redistribution of powers between a county

4

and a municipality, and what you have in the article committee

5

is a provision that starts on line 34 for referendum, "Any

6

law enacted pursuant to the authority of this paragraph shall

7

require any form of governmental reorganization authorized by

8

this paragraph to be approved by a majority of the qualified

9

voters voting within the county or counties affected thereby

10

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as a condition of its becoming effective." That is one choice that you have if you want that
type referendum. Another would be the provision that they have on the
sheet here, which is approved by the qualified voters of the county affected thereby voting in such a manner as may be provided in such law. That's on the handout. It would give much broader discretion in here as compared with what you have

18

in the article committee handout.

19

Of course you have a third alternative not to

20 require a referendum, and it would be then left up to the

21

General Assembly as to whether you would have a referendum

22

and what type referendum you would have.

23

That's the posture you're in. I don't know how you

24 . want to proceed now.

25

REPRESENTATIVE PINKSTON: A local act could always

PAGE 42

provide for a referendum if the delegation so determined

2 that that was the proper thing to do.

3

GOVERNOR BUSBEE: Yes, but now you would have more

4 latitude. The legislature would have more latitude under

5 this, Representative Pinkston, because it says by the

6 qualified voters of the county affected thereby voting in

7 such manner as may be provided in such law, so I would think

8 that you would have --

9

REPRESENTATIVE PINKSTON: I agree this is better

10
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than what's in here, but I don't know whether we want to have a referendum at all or not is my point, or just leave it up to the local delegation to determine that.
GOVERNOR BUSBEE: I think you have a clear issue. If we can resolve it, I would like to resolve some of these things without postponing all of it.
Is there a feeling on this? If you want to defer it we'll defer it, but I think everybody understands it.

18

I think this would be much preferable to this, and

19 then the question would be do you want to delete that.

20

Representative Triplett.

21

REPRESENTATIVE TRIPLETT: I move we adopt the

22

alternate plan.

23

A VOICE: Second.

24

GOVERNOR BUSBEE: Representative Triplett moves we

25

adopt the amendment that's on the bottom of the single sheet

PAGE 43

that was handed out which would be to change the last

2 sentence on page 7 beginning with line 34 to read as stated.

3

Is there a second?

4

A VOICE: Second.

5

GOVERNOR BUSBEE: The motion is seconded. Now for

6 discussion.

7

REPRESENTATIVE JONES: Do we not have to reconsider

8 our action yesterday?

9

GOVERNOR BUSBEE: We did not adopt this yesterday.

10
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Representative Burruss. REPRESENTATIVE BURRUSS: I would like to amend the motion, please, to make sure that we cover the abolition of charters. I have talked with Harvey Findley of the Legislative Counsel, and he feels in an abundance of precaution we should add a sentence saying that this section shall not interfere with the right to abolish a city charter I'll get Harvey to draft it right quick if you want

18

to.

19

GOVERNOR BUSBEE: Senator Gillis.

20

SENATOR GILLIS: Mr. Chairman, how is this different

21 from the present constitution?

22

MR. HILL: The present constitution has a provision

23

relating to the authority of the General Assembly to establish

24

systems of consolidating governments of cities and counties,

25

and basically it's been ineffective since it's been so unclear

PAGE 44

about what it exactly is, so there's nothing in the present

2 constitution that relates to the consolidation of city and

3 counties, but it has been the subject of many local amendments

4 and it's been put here to eliminate the need for local

5 amendments in the future, but one of the reasons the

6

referendum requirement was put in here is because that's

7 exactly what the present situation is, you have to have a

8 referendum on any local amendment, you have to have a local

9 amendment to do something like this, and that's why it was

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left here as a condition of this kind of reorganization. GOVERNOR BUSBEE: Representative Pinkston. REPRESENTATIVE PINKSTON: Questi.on. Mr. Chairman,
is it not true that if we put any form of referendum in this paragraph that when you go back up to line 21 about there on page 7 that it says " . or for the merger of services or the redistribution of powers between a county and a municipality or municipalities located within a county," a merger

18 of services even would require a referendum; would that not

19 be the case?

20

GOVERNOR BUSBEE: I was thinking of that when you

21

said it. If you had a county water distribution system, if

22 you had a county that had one in the city then you would have

23 to have a referendum, even if both authorities agreed to merge

24 these you would have to have a referendum, you're correct.

25

MR. HARRIS: I beg to disagree with the Chair.

PAGE 45

GOVERNOR BUSBEE: I'm probably wrong then, because

2 Mr. Harris disagrees with me.

3

REPRESENTATIVE PINKSTON: I'm asking rather.

4

MR. HARRIS: I knew that.

5

The way I interpret the last sentence, the referndum

6 is attached only to a law that is a governmental reorganiza-

7 tion, not a consolidation of services.

8

Now, I have no problem with adding a sentence

9 retaining to the General Assembly the right which it now has

10
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to abolish city charters, since it's a creature of the legislature anyway but, you know, out of that same abundance of caution, but I don't think this sentence would require a referendum to simply abolish a city .
REPRESENTATIVE PINKSTON: You don't think it would apply to
GOVERNOR BUSBEE: Senator Holloway . SENATOR HOLLOWAY: If you'll look at line 16,

18 Paragraph II, it seems to me that reorganization is defined

19 in that paragraph to include those things which we're speaking

20 of. It's defined right in the bill, so it's also including

21 but not limited to a single governing body or a municipality

22 or a municipality located within a county, or for the merger

23 of services and redistribution. It defines it as being

24 reorganization.

25

GOVERNOR BUSBEE: That's the way I construe it.

PAGE 46

You would have to have a referendum is the way I construe it

2 if you had that merger.

3

A VOICE: Maybe we should postpone this.

4

MR. HILL: The present situation is it's only if

5 you're going to have a governmental consolidation do you have

6 to have a referendum, and you have an intergovernmental

7 districting authorization in another part.

8

If you would modify the last sentence to say that

9 any law enacted pursuant to the article and paragraph shall

10 require any form of governmental reorganization in this

11

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paragraph to be

approved,

then

I

think you would

save

these

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REPRESENTATIVE PINKSTON: Shall not apply to the --

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MR. HILL: Then in addition about the charter case

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we would have a problem.

We can get that from Harvey later.

17 ~

GOVERNOR BUSBEE: Senator Broun.

18

SENATOR BROUN: We need to get that other out of

19 there about the consolidation of services and things like

20 that. We need to make it clearer. You need some more work

21 on that paragraph.

22

GOVERNOR BUSBEE: I think the senator might be

23 right, but I think there's some sense of the commission that

24 if you're going to consolidate the government then you ought

25 to have a referendum.

PAGE 47

SENATOR BROUN: I'm for that, but I'm not for it to

2 be any cloud over

3

GOVERNOR BUSBEE: You know, as provided in this

4 it's much better for that, but I think you might be well off

5 to redraft this if you -- by combining these services right

6 there that you might -- if both governments agree on it that

7 you might have to go through the referendum process.

8

SENATOR BROUN: I want it drafted so that there's

9 no could over the possibility of the city and a county

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combining their services such as water and police and things of this nature, and at the present time it doesn't do that. There is a very great cloud over it, and we've got to claar it up.
GOVERNOR BUSBEE: In order to expedite this, is it the feeling of the commission -- and maybe we want to have staff to attempt to separate those so that if you do combine the governments you have to have a referendum as provided by

18

the law, and on the other it would be up to the legislature.

19

All right. Representative Triplett.

20

REPRESENTATIVE TRIPLETT: Mr. Chairman, may I

21

withdraw my motion?

22

GOVERNOR BUSBEE: All right.

23

Representative Johnson.

24

REPRESENTATIVE JOHNSON: Mr. Chairman, I share

25

Representative Pinkston's concern about the authority of the

PAGE 48

General Assembly to abolish the charter of a city without a

2 referendum.

3

As I recall in the Mountain View case the Supreme

4 Court went all the way back to look at some of the hearings

5 of the commission on the constitution of 1945, and I -would

6 like to make it -- have it in the record that it's not the

7 intention of this commission or the General Assembly to

8 prohibit the General Assembly from abolishing the charter of a

9 city without referendum.

10
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GOVENOR BUSBEE: Harvey Findley has already drawn this amendment, he'll be one that will be working on this for you, and I think this will satisfy you, Representative Johnston. His present languge is: This paragraph shall not be construed to restrict the authority of the General Assembly to repeal the charter of any municipality with or without the requirement of a referendum for the repeal of such charter, and that's what you're talking about.

18

All right. Is there objection we do what Senator

19 Broun suggested and that's getting staff to divide the

20 question and present it back to us att he next meeting?

21

If not, that will be the procedure.

22

A VOICE: Everything is postponed.

23

GOVERNOR BUSBEE: All right. Senator Howard.

24

SENATOR HOWARD: Mr. Chairman, where do we stand

25 on the question 'of governmental immunity that was brought up

PAGE 49

yesterday?

2

GOVERNOR BUSBEE: We have two of them out, two other

3 matters to bring up, and we'll come to that.

4

SENATOR HOWARD: All right, sir.

5

GOVERNOR BUSBEE: All right. Mel.

6

MR. HILL: There was a conference committee set up

7 for Section VI, Paragraph II, on revenue bonds on page 11,

8 and I have not yet seen a report.

9

GOVERNOR BUSBEE: That's on the revenue bonds. The

10
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report as I understand it -- is Representative Collins in the room? He's not, is he. The report is not ready .
A VOICE: They're not ready. GOVERNOR BUSBEE: Senator Holloway. SENATOR HOLLOWAY: The point in contention here is that revenue bonds including water and sewerage do not have to be submitted to a referendum. These are revenue bonds . The one issue is why should electrical and gas be

18

sUbmitted. Now, we say they should all be treated alike.

19

What Paragraph II does is submit to referendum

20 electrical and gas, but it does not require water to be

21

sUbmitted. That's what we're chewing with, and we haven't

22

finished chewing yet.

23

SENATOR BARNES: Let me say one other thing on that.

24

GOVERNOR BUSBEE: Senator Barnes.

25

SENATOR BARNES: My local and municipally-owned gas

PAGE 50

and electric systems have local constitutional amendments that

2 allow the issue of revenue certificates without a referendum

3 in contravention of this provision. Since we are abolishing

4 local constitutional amendments or phasing them out, everyone

5 knows how skittish bond counsel are going to be or are, and

6 they're going to be very reluctant about allowing expansion

7 of future systems even under local constitutional amendment

8 that may be grandfathered if this general provision still

9 remains and we have abolished local constitutional amendments,

10
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so I think that if you've got a local gas or electric system in your area they may not feel they're affected because they have a local constitutional amendment, but they may very well be.
GOVERNOR BUSBEE: All right. Mel. MR. HARRIS: I gather from that the committee has no report . GOVERNOR BUSBEE: They have no report at this time.

18

SENATOR HOLLOWAY: There was another section that we

19 were involved in that I think we worked out, but I think we

20 decided that we would not come back to this group until we

21 had worked out both of them.

22

GOVERNOR BUSBEE: Mel.

23

MR. HILL: I believe that leaves on page 12,

24 Paragraph III, Development Authorities. I thought you also

25 had some question about indebtedness of the state. Was that

PAGE 51

also being looked at by that conference committee?

2

SENATOR HOLLOWAY: No.

3

SENATOR BARNES: We took up the tax, we took up the

4 limit on tax, temporary loans and all that stuff.

5

We approved that other, Mel.

6

GOVERNOR BUSBEE: We just left the original article

7 committee's report.

8

All right. Sovereign immunity then will be the next

9 issue. We will take up next the immunity on page 6.

10

MR. HILL: The committee has this proposal about

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the sovereign immunity of cities and counties and other political subdivisions, but it's tied to the sovereign immunit of the state.
Now, the sovereign immunity of the state is in Article VI on the judicial branch, and it's tied to the authorization to create a court of claims in the state, and no court of claims has ever been created, but the sovereign

18 immunity of the state was frozen in that provisi0n on the

19 court of claims, and at the present time the sovereign immunit

20 of the state is absolute except where provided by statute by

21 the General Assembly, and this provision would tie local

22 governments into the same sovereign immunity that the state

23 would have unless otherwise provided by law, and this would 24 represent a substantial change from the present situation in

25 that municipalities have been construed to have some liability

PAGE 52

in certain classes of cases such as nuisance law and certain

2 other classes of cases.

3

I beleive that this statement here would say that

4 cities would have absolute immunity from suit unless and

5 until otherwise provided by law, so this is a substantial

6 change from the present situation.

7

SENATOR BARNES: Where is the present constitutional

8 provision on -- I khow on state immunity, but on local

9

MR. HILL: There is no general provision, it's just

10
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in Article IX. There is an automobile liability insurance provision for counties to waive immunity to the extent of the policy purchased.
SENATOR BARNES: There is no general provision? MR. HILL: There is no general provision of this nature in the present Article IX. SENATOR BARNES: I'm very much concerned about this provision because the absolute immunity of the state or the

18

immunity enjoyed by the state is much broader than that

19 enjoyed by municipal corporations and even counties, and there

20 can be some very serious and bad fact situations regarding

21 drunk sanitation workers hitting little old ladies crossing

22

streets that you can't sue for if we go to monkeying with that

23

I think we ought to delete it from this and just

24

leave the provision.

25

GOVERNOR BUSBEE: Senator Howard .

._ . _ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - '

PAGE 53

SENATOR HOWARD: Mr. Chairman, yesterday afternoon

2 after we left I talked to Perry Sentell up in Athens, and he

3 was not aware of this change although he served on this

4 committee. He said that he was very much alarmed and

5 concerned about it because of the fact I guess, number one,

6 that he wrote a book on this subject and seems to know a lot

7 more about it than most of us do.

8

All of us who are lawyers, and most I guess who are

9 legislators realize that a body of law has grown up over the

10
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years where the courts have distinguished between municipal funct~ons on the basis of whether they were governmental or proprietary, and that the city could be liable in one case and not in the other, but Professor Sentell's concern, and I think Senator Barnes pointed this out yesterday, was that by putting this new provision in the constitution we could be wiping out an entire body of case law that's grown up over the years, and it would be a radical departure from what we've got

18 under the present law, and I think it would be a mistake for u~

19 to move on this without giving it further consideration.

20

GOVERNOR BUSBEE: For the benefit of the nonlawyers,

21 what's being discussed now is the sovereign immunity of the

22 state is absolute. You have no provision as far as

23 municipalties or counties or political subdivisions are

24 concerned in the. present constitution. The case law on it

25 holds, all lawyers will agree if it's a governmental function

PAGE 54

there is immunity under the present construction by the

2 present court; if it's a ministerial function such as water,

3 light and gas commission, then there is tort liability there

4 and there is no immunity, so you can have a provision in the

5 constitution such as this, but if you did then you would have

6 to go back and pick up your case law by statute.

7

I think the question is as to whether you want to

8 address the problem in the constitution and give some

9 latitude to the General Assembly. It might be that you would

10 want to talk with Perry Sentell further, consider this at the

11 S"z next meeting, and rather than doing this in this fashion just

e -I.oa....

.

12 ..

do it in the reverse, provide the legislature can grant some immunity by statute, but I think it's a very serious matter

14 ~ I':"r
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that really is very significant and should have some further study to it.
A VOICE: Move it be postponed until the next meetinc GOVERNOR BUSBEE: If we're going to postpone, that's

18 fine to postpone as long as someone is working on this.

19

A VOICE: Name a committee.

20

GOVERNOR BUSBEE: Is there objection that we have a

21 conference committee to be named to corne back and make

22 recommendations to us at the next meeting?

23

I'll note the speaker and the lieutenant governor

24 said that would suit them.

25

Terry.

PAGE 55

REPRESENTATIVE COLEMAN: Governor, there was some

2 suggestion yesterday about maybe where we did't have an

3 official disagreement but a need for further langauge that

4 maybe we could appoint, or you all cou~d appoint a sub-

5 committee to work on it rather than a conference committee

6 so we could adopt portions of the thing without having to

7 reject the whole report.

8

Wouldn't that be easier on us to do it if we could

9 do it under our rules?

10
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~ 12 ~
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GOVERNOR BUSBEE: I think the point might be well taken. I just think to leave here and postpone it without having someone to study it would be a mistake.
Would there be any objection that rather than having

14 : IU> <t :J:
.15 .:l " ;:) 16 .~..
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17 :

a conference committee that we have an ad hoc committee which would just be appointed by the speaker and the lieutenant governor and that they would work and report back at the next meeting?

18

Is there objection to this procedure? If not, that

19 will be the procedure.

20

All right.

21

MR. HILL: Mr. Chairman, Section II, Paragraph II

22 on supplementary powers --

23

GOVERNOR BUSBEE: What page?

24

MR. HILL: 2, page 2.

25

I had in my notes that also was postponed. There's

PAGE 56

been no official action taken on this. There was some

2 question about what this does.

3

This is the Amendment 19 powers, we discussed it som~

4 yesterday, but it was postponed until today. To my knowledge

5 there was no committee appointed to do anything, it was just

6 postponed, so we have that also before us.

7

GOVERNOR BUSBEE: There's been no objection to that

8 paragraph, though. I thought we adopted it.

9

I think we can take action on that now. We

10
\:l Z
11 j:
@;;oa.....:. ! 14 loU'> <C( :z: 15 01) \:l a: ::;) 16 .~.. Q Z <C( 17 :

discussed this yesterday on the supplemental powers, and I thought it was adopted yesterday. This is on page 2, begins on page 2.
SENATOR GREENE: Governor. GOVERNOR BUSBEE: All right, Senator Greene. SENATOR GREENE: Governor, isn't this particular Subparagraph (b) the paragraph that Representative Pinkston had some serious problems and discussion with?

18

I notice he's not in the room at the moment, but I

19 distinctly remember him talking about Subparagraph (b) and

20 how it would relate to (a) and police powers and this sort of

21 thing, and there was some discussion about it.

22

GOVERNOR BUSBEE: He was out there a moment ago.

23 See if Representative Pinkston is in the next office over

24 there.

25

(Pause ~)

PAGE 57

GOVERNOR BUSBEE: All right. We now have

2 Representative Pinkston.

3

Let me refresh

I think Representative

4 Pinkston yesterday brought up a point, and if you'll look at

5 the bottom of page 3 on the services, the question was about

6 counties not being able to provide services within a city

7 unless they had a contract for it as I recall your observa-

8

tion yesterday, and if you'll pick up on page 3, line 33

9 where it says n(b) Unless otherwise provided by law, no

10 county may exercise any of the powers listed in Subparagraph

(a) of this paragraph .. n That would include police

protection I believe, that was in there, wasn't it --

A VOICE: Ambulance protection.

MR. HILL: This is --

GOVERNOR BUSBEE: Provide any services listed therei

inside the boundaries of any municipality or any other county

except by contract with the municipality or cou~ty affected.

18 That was the point they made.

19

MR. HILL: This is the present law; this is the

20 present constitutional provision, and there's some question

21 in the mind of the staff that the Title 88 I believe, Public

22 Health, if this were ever -- if the present provisions were

23 ever challenged, taken and really looked at there would be

24 some question as to whether under the present wording of the

25 constitution counties could provide health services within a

PAGE 58

city without a contraot, and that's certainly not the

2 intention. It was never the intention of the General Assemly

3 and that's why we have a proviso "unless otherwise provided

4 by law," which would mean the general law -- you know, they

5 have to have a contract, but if the general law authorizes

6 a county to provide these services within the city without

7 a contract, then they could do so, and that's true with

8 police protection and all the rest of these.

9

REPRESENTATIVE CONNELL: What about reversing that

10
"z
11 ;:
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for the city to provide service outside? MR. HILL: That's Number II. The city may exerise
the powers outside without a contract unless otherwise provide by law.
REPRESENTATIVE PINKSTON: Mel, if you can't pass a general law, for example, if you get into health services across city lines --
MR. HILL: You can pass a local law. It's either

18 general or local law would allow you to get around this

19 provision in here.

20

REPRESENTATIVE PINKSTON: I still think we're going

21 to have problems with it.

22

MR. HILL: We have problems in the present provision

23 really.

24

GOVERNOR BUSBEE: Let me ask you this. This is a

25 question of drafting after you've decided on what you want,

PAGE 59

but we know we're trying to keep a city from going outside

2 of its boundaries or a city or a county going to another

3 county without this, but what is the objection to a county

4 providing county services in a city? I mean why have that

5 in the constitution? You can't do it unless you have some

6 statute.

7

REPRESENTATIVE BUCK: There was one question

8 mentioned yesterday whether or not -- I think Mr. Pinkston

9 mentioned whether or not this would prohibit a sheriff of a

10
z~
QY:;.11 i= 'o."..
~ 14!... '"<l( ::c 15 .:> ~ '":::> 16 ~... Q Z <l( 17 :

county from enforcing the law in a municipality. I mean that was a question that was raised.
GOVERNOR BUSBEE: I don't think it would. MR. HILL: Unless there's a general law authorizing sheriffs to exercise jurisdiction -GOVERNOR BUSBEE: Let me ask you this. Is there any objection to eliminating that particular provision in here that would prohibit a county from providing its county service

18 inside the city? I don't see any --

19

MR. HILL: The Municipal Association will object to

20 this. I'm sure they're going to object to this.

21

A VOICE: They're not here.

22

GOVERNOR BUSBEE: Why?

23

MR. HILL: The present constitution allows them to

24 provide services .within their own jurisdiction and not have

25 the county duplicate those services unless they have a

PAGE 60

contract.

2

GOVERNOR BUSBEE: I see what you mean.

3

MR. HILL: It encourages intergovernmental

4 contracting between the city and county, and it's not some-

5

thing that can be eliminated without serious repercussions

6

I would say.

7

GOVEP~OR BUSBEE: I see the point.

8

The way it is written now you could by general

9

statute do anything you wanted regarding that.

10
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11 j:
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~ 12 ~
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16 ~ w Q Z
17 ::i

SENATOR BARNES: Can't you do it by local statute? This says as provided by law, not general law, just provided by law, so you could have a local act that applied to Dougherty County or Cobb County.
REPRESENTATIVE LEE: I don't believe they can run that Atlanta Airport under this in my county.
GOVERNOR BUSBEE: I had overlooked something with that duplicating services; I can see that.

18

All right. Do you have any objection to the adoptio

19 of this paragraph as presented by the article committee?

20

A VOICE: I object.

21

GOVERNOR BUSBEE: We have objection; we haven't had

22 a motion yet.

23

Representative Burruss.

24

REPRESENTATIVE BURRUSS: I move the adoption of it.

25

GOVERNOR BUSBEE: The motion is made that Paragraph

PAGE 61

lIon supplementary powers as presented by the article

2 committee be adopted.

3

Is there a second?

4

A VOICE: Seconded.

5

GOVERNOR BUSBEE: The motion is made and seconded.

6 Any discussion?

7

All right. Senator Greene.

8

SENATOR GREENE: Governor, I kind of agree with some

9 of the concerns Representative Pinkston has and maybe some of

10
13 Z
.11 ~ o~ ...
~ 12 ~
~F~ 14 .~.. '" :I: 15 o!> 13 ~ ::> 16 .~.. Q Z 17 :

the discussion going on up there I couldn't hear, but if you look at the list of 14 powers the ones that we're really concerned about are 1 and 3 which are police and fire protection and public health facilities, and it might be those fears that Representative Pinkston has raised in my own mind would be eliminated or at least alleviated if we renumbered Paragaph III as II, reverse those two paragraphs, and when we got on page 3 line 35 starting on 33, "No county may exercise

18 any of the powers listed in Subparagraph Ca) III through 14,"

19 so that we would except out from that what is presently III

20 and wouldn't have that probiem.

21

GOVERNOR BUSBEE: All right. Is there any further

22 discussion?

23

Representative Pinkston.

24

REPRESENTATIVE PINKSON: Mr. Chairman, on page 4

25 I think maybe somebody has explained this to me before, but

PAGE 62

I have forgotten it, but on page 4 on line 10, Subsection (c),

2 nothing contained within this paragraph shall operate to

3 prohibit the General Assembly from enacting general laws

4 relative to the subject matter listed in Subparagrph (a)."

5 I don't know how you can do it by --

6

MR. HILL: That's the present constitutional

7 provision. The only exception to that is in the inter-

8 govermental contracting area, and that would allow a general

9 or local law with respect to intergovernmental contracting,

10 and if there was no general law the local law could in fact

allow a county to provide a service within a city without a

contract.

MR. HARRIS: If you would look at Subsection (d)

on page 4, it says "Except that as otherwise provided tLn

Subparagraph (b)," which is the one we're addressing, "the

General Assembly shall act upon the subject matters listed

in Subparagraph (a) only by general law," but this means

18 that with respect to Subparagraph (b) unless otherwise provide<

19 by law means that can be done by local law.

20

GOVERNOR BUSBEE: Senator Deal.

21

SENATOR DEAL: It seems to me we're perhaps over-

22 looking another aspect of this we ought to consider, and that

23 is the powers that are granted to local governments are

24 corrollary to the powers to tax, and my understanding is that

25 in the taxation article which in the past has enumerated the

PAGE 63

areas for which you could levy taxes and collect for certain

2 purposes, we're going to eliminate those specifics and just

3 say for general purposes, but there is already enough confilict

4 between the city and county governments and the city residents

5 complaining that they are not getting the services for county

6 taxes that they're paying.

7

Now, if the cities can prevent the county from

8 levying or from rendering certain services by simply saying

9 "We don't agree to contract for that," it seems to me we have

10
Czl 11 j:
@;;o.'"."". ! 14 ~ '" :I: 15 ~ Cl '";;;) 16 .~.. Q Z 17 ::;

created a real significant problem because the justification for levying county taxes has been based on the fact that the county renders certain services to the municipal residents.
If we create further problems, which I think we're fixing to do by adopting this paragraph (b), then I think we have undercut the justificati0n for county ad valorem taxes on city residents .
GOVERNOR BUSBEE: Any further discussion?

18

If not, the motion is to adopt the section as

19 presented by the article committee. All those in favor rise

20 and stand until you're counted.

21

(A show of hands.)

22

GOVERNOR BUSBEE: All right. All opposed.

23

(A show of hands.)

24

GOVERNOR BUSBEE: All right. The ayes in the House

25

are three, the nays are l8i the ayes in the Senate are four,

PAGE 64

the nays are 18, and so the article committee proposal is

2 lost.

3

Now is there any objection that the lieutenant

4 governor and the speaker appoint an ad hoc committee where it

5 will be sUbject to amendment to come back and present us at

6 our next session a new or substitute for the article committee

7 proposal which was defeated?

8

If not, that will be done.

9

MR. HARRIS: Mr. Chairman, I presume that since what

10 is proposed here is basically exactly what the constitution

now contains, that it would be within the power of this ad

hoc committee to come back and recommend the adoption of

what's proposed. They don't have to change it, do they?

GOVERNOR BUSBEE: There is no instruction -- the

same as on the conference committee, there is no instruction.

MR. HILL: Hr. Chairman, there are two other

recommendations that the Article IX committee made which

18
relate to other articles. Would you like to take them up

19

now?

20

On page 27 of the packet --

21

GOVERNOR BUSBEE: Turn to page 27 in your packet.

22

MR. HILL: Page 27, this package of yesterday, not

23 the Article X package -- now this is the Article IX package,

24
page 27. It says Other Recommendations at the top,

25
Paragraph VII.

PAGE 65

GOVERNOR BUSBEE: It's written in longhand at the

2 bottom-of your page on the right side, page 27.

3

All right, it's on Article I, Section II,

4 Paragraph VII, General Laws, Uniform Operation. Go ahead,

5 Mel.

6

MR. HILL: This paragraph is presently in Article I,

7 but it was shifted to Article III by the Article I committee

8 because it is a subject matter that's going to be taken up in

9 Article III. At the next meeting we're going to have this

10 before us, but the recommendation of the Article IX committee

with respect to this paragraph is that this exception be

added to allow the General Assembly by general law to

authorize local governments by local ordinance or resolution

to exercise police powers which do not conflict with general

laws.

Under the present constitution any time the General

Assembly addresses an issue by general statute it removes

18 that from the local government's jurisdiction.

19

So for example in your litter control which is a gool

20 example the state does have a general litter control statute,

21 and as soon as the state passes such law local governments 22 are preempted from addressing that issue, and there are many 23 areas in which local police regulations should be allowed in 24 the opinion of the committee, and this would allow the General 25 Assembly by general law to authorize concurrent jurisdiction

PAGE 66

in some of these areas of police power, and that's the

2 recommendation of this

3

GOVERNOR BUSBEE: That would go into Article III,

4 wouldn't it?

5

MR. HILL: That would go into Article III. I'm not

6 sure if you just want to wait --

7

GOVERNOR BUSBEE: We'll wa~t and do it. I don't

8 think there could be any objection to that.

9

MR. HILL: The next recommendation, the next page 28

10 is also to go to Article III, to prohibit population bills,

but to prohibit them as the General Assembly shall define them

by general law.

You will see on page 29 and 30 a proposed statute

which would implement this restriction. Again, this is in Article III and something whi~h we can address at the

next meeting when Article III will be on the agenda

GOVERNOR BUSBEE: All right. Both matters will be

18

taken up under Article III.

19

Any other business?

20

Okay. If not, we will stand adjourned.

21

(Whereupon, at 11:00 a.m., the committee meeting

22

was adjourned.)

23

+++

24

25

INDEX Committee Meetings Held on Constitutional Revision Legislative Overview Committee Meeting Held on July 1, 1981

LEGISLATIVE OVERVIEW COMMITTEE MEETING, 7-1-81

Proceedings. pp. 3-4

ARTICLE III: LEGISLATIVE BRANCH SECTION VI: EXERCISE OF POWER Paragraph IV: Limitations on special legislation.

pp. 65-66

SECTION X: RETIREMENT SYSTEMS. pp. 5, 6-12, 17-18

ARTICLE VIII: EDUCATION
SECTION VII: EDUCATIONAL ASSISTANCE
Paragraph I: Educational assistance programs authorized. pp. 5-6, 13-16, 18

ARTICLE IX: COUNTIES AND MUNICIPAL CORPORATIONS
SECTION I: COUNTIES
Paragraph II: Number of counties limited; county boundaries and county sites; county consolidation. pp. 31-35
Parag~aph III: County officers; election; term; compensation. pp. 19-20

SECTION II: HOME RULE FOR COUNTIES AND MUNICIPALITIES Paragraphs I: Horne rule for counties,
and II: Horne rule for municipalities. pp. 20-31 Paragraph III: Supplementary powers. pp. 55-63 Paragraph IV: Planning and zoning. pp. 31-38 Paragraph IX: Immunity of counties, municipalities, and school districts.
pp. 48, 51-55

Legislative Overview Committee 7-1-81 Page 2

SECTION III: INTERGOVERNMENTAL R~LATIONS Paragraph II: Local government reorganization.

pp. 31-35, 38-48

SECTION VI: REVENUE BONDS Paragraph II: Revenue bonds; special limitations. pp. 49-50 Paragraph III: Development authorities. pp. 50-51

",",

MATERIALS CONSIDERED AT MEETING OF LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION
AND SELECT COMMITTEE ON CONSTITUTIONAL REVISION HELD ON JULY 1, 1981

Select Ccmnittee on Constitutional Revision January 9, 1980

A REsown ON

~roposinq an amendment to the Constitution so as to 24

2 revise complel;ely Article X relating to retirement systems 25

3 and educational scnol arships and to chal'\:1e other provisions 26

4 of the Constitution in connection with such revision; l;0 27

5 provide for the submission of .this amendment for

6 ral;ification or reJectionl and for Ol;ner purposes.

29

7

BE IT RESOL VElJ af fiiE UENEHAL ASS8413L'{ OF GEORGIA:

31

,

;1

'.1

8

~11aa-l. Article III, Secl;ion VIII, Paragraph 34

9 XII of the Const itul; ion is hereby anende\J by add inc;; at tne 3:5

10 end of said Paragraph XI I two new subparaqraphs to oe 36

"

designated SUbparagrapns Y and 10 and to read as follows:

37

12

"9. Whenever the Board of Human Resources is 38

13

entitled to receive federal funds made available 39

14

pursuant to any federal vocational rehabilitation

15

program, said Soard snall be authori zed to rece ive and 40

16

adminisl;er such funds in accordance with the terms of 41

17

said federal proqr am, and where tne program so provides,

18

said Board may disourse said funds to nonprot it 42

19

corporations o.r associal;ions whicn are enQaQed solely in 43

20

vocational rehabilitation of disaoled persons.

44

21

10. The expendi ture of puolic funds pursuant to tne 4!:i

22

provisions of Arl;icle X of tnis ~onstitut1on shall not 46

23

consti tUl;e a violation ot sUbparaqrapn I or 2 of this 47

24

Paragrapn. II

48

25

Article VII, Section II, Paragraph I, 50

26

sUbperaqraph 8 of l;he ~onstitution is hereby amended oy 51

27 striking said sUbpara'}raph

in its entirety and 52

- I-

LC ., 366 7

.--

sUbstitut.l~ in lieu thereot d new sUbparagraph d t.o read as 52

2 followsl

53

3

"B. For me pUI";)oses set. forth in Article X of 54

4

this Const.itution ana for the pur~ose of making such 55

5

employer contributions under federal old-age and social 56

6

securi ty pr~rams as may be necessary or desi rable t.o

7

provide coverage and participation therein by pUblic 57

8

officers and employees, their dependents and survivors." 513

'}

~ti.Q[L..3.. Article VI II, Sect.ion IV, Paragraph II 61

10 of the Constit.ution is hereoy amended by striking said 62

II

Paragraph II, whiCh reads as tollows;

63

12

"Paragraph II. UQJ.z:.afI!.-tQ.r.....a~ULC1.U.~as.. fne 64

13

Board of Regents is nerebf autnorized and directed to 65

14

estaol1sh, by not. later man the beyinnlng of the fall 66

15

quarter of 1977, a pr~ram wnereby citizens of mis

16

State who are 62 years of age or older may at.tend uni ~s 67

17

of the University System of Georgia wi thout. payment. ot 6d

18

fees, except for supplies and laborat.ory or shop fees, 69

19

when space is avallaole in a course scheduled for

20

resident credi t. Sucn program shall not include 70

21

attendance at classes in Jental, medical, veterinary, or 71

22

law scnools. Persons who attend uni t.5 of the Universi ty

23

System of Georgia under the program established pursuant. 72

24

to this Paragraph shall not be counted as students oy 73

25

the aoard ot Regents for bucgetary purposes. The Boa(d 74

26

of Regents shall adopt and proinulgate rules and

27

regulations, not. . inconsistent. with this Paragraph, to 75

28

implement and carry out the provisions of mis 76

29

Paragraph. ",

77

30 in its entirety.'

79

- 2-

LC 7 3667

2 3 4 5 6 7 8 9
10 II 12 13 14 15 16 17 18 19 20 21
.""-" 22 23 24 25 26 27 28 29 30
31 32

Article VIII. Section V, Paragrapn II of the Consr;ir;ur;ion is nereoy amended oy adding at tile end thereof a new paragrapn (e) to read as follows I
.. (e) Any county board of euuca ti on arid the board of education of any countywide school district are authorized r;o expend education funds for the purpose of supportinq any herer;ofore existing local retirement system coverin..;j employees of such ooard of education and, except as hereinafter provided, are vested wi th tne authority to maintain and mooity any such local re ti reme nt sy st em. ~hen employer contricutions to any such local retirement system have be en paid heretofore. in whole or in part, from county funds pursuant to tne requirements of a local Ac r; of r;he General Assembly, r;ne continued use of county funds for such purpose is authorized. and the control over such local retirement system shall continue to be vested in the General As semb ly. Any heretofore existing local Act of tne General Assembly which increased r;ne benefits being paid to benei ic iari es under any such loca 1 retirement system supported in ~lOole or in.part by employer contributions paid from county funds is hereby ratit ied and confirmed loe General Assemoly may require employer contributions to such local retireinenr; system r;o be paid from toe education funds of the county coara of educat ion whose employees are covered under such local retirement system or may require that such employer con tribut ions be paid from a combination of county funds and education funds in such manner as the General Assembly shall determine. No provision of tnis iJara~raph shall operate to prohioit the General Assem~ly from enacting any general law controllin~ the SUbject matter of this paragrapn."

81
82
8o?
84 85 86
87 88 8Y
90
91
92
93 94
95 96 97
9<3 .99 100
101 102
1 J3 104 105

- 3-

- ' --_. - ---- ---~

---~ ----------~-----~----_.-=-~-_._~----

~----

LC 7 366 7

5~llCO-._~. Article IX, Section II, Paraqraph Iof 107

2

the Constitution is heraoy' allenaed oy adding iillnediataly 1U3

3 preceding the period appearing et the end of subparagraph J 109

4 of paragraph (c) thereot tne,following:

J 10

5

", and except as otherwise proviaed in Section IV, III

6

?aragr~h II, subpara~rapn (16) and Section V, Paragraph 112

7

II, SUbparagraph 10 of thi sArti cl e" ,

113

8

so that when S" amended said parc3:Jrapn (c) shall read as 114

9

fo11 O'.'IS:

I !~

10

"(c) Lhe power -Jranted to counties in 116

II

suoparagraphs (a) and (b) ciJove shall not be construed 117

12

to extend to the following- matters or any other matters

13

which the General Assembly by general law has preempted 118

14

or may hereafter preempt, out sucn matters shall be tne J 19

15

subject of general law, or the subject of local acts of 120

16

the General Assemoly,to tne extent that the enactment of

17

such local acts is otherwise permitted under this 121

18

ConsU tution:

122

19

I. Action affectin~ any elective county 123

20

office, the salaries thereot, or the persomel 124

21

thereof, except the persomel sUbject to tne

22

jurisdiction of the county governing authority, and 125

23

except as otherwise prOVided in Section I 1/, 126

24

Para~raph II, suoparagraph (16) and Sect ion V,

25

Paragraph II, suoparagr~n 10 of this Article.

128

26

2~ Action affecting the composition, form, 129

27

procedure for election or appointment, compensation 130

28

and expenses and allowances in the nature of

29

compensation, of the county governing authori ty.

132

30

3. Action defining any criminal offense or 133

31

providing for criminal punishment.

134

32

4. Action adoptin.;j any fom of taxation 135

33

beyond that authorized by law or by this 136

34

Const it ut ion.

137

- 4-

, ',,\

1

LC 7 3667

!

5. Action exteooing t.he power of regulation 136

2

over any business activity reyulated by the Public 139

3

Service Conmission beyond that authorized by local

4

or general law or by this Const.itution.

141

5

6. Action affecting the exercise of the power 142

6

of eminent domain.

143

7

7. Ac tion at te cting any court or the 144

8

persomel t.hereof.

145

9

8. Action affecting any public school 146

10

system...

147

11

~ti~. Article IX, Section II, Paragraph II of 149

12 the Constitution is hereby amended by striking therefrom tne 150

13 following'

151

14

"retirement or pension systems, II,

153

15 so that when so amended said ~ara.;raph I I shall read as 154-

16 follows'

155

J7

IIParagraph II.

156

18

The yoverning authori ty of each counw is 157

19

authorized to fix the salary, compensation and expenses 15d

20

of those employed oy such governing authority and to

21

establish

and mai nt.ain insurance, workmen's 159

22

compensation, and hospit.alization benef its for said 160

23

employee s. II

161

24 25 26 27
28 29
- 30 31

~~.t.1oiL1. Article IX, Section IV, lJaragraph II of 163

the Constitution is nereoy amended by adding immediately 164 following suoparagraph (15) thereof a new subparagraph (16) 165

to read as follows'

166

11(16) rhe power to maintain aoo modify heretofore 167

existing retirement or pension systems, including such 168

systems heretofore created oy genera 1 laws of local 169

applicat ion by population cl assi fi ca ti on, and to

- :5 -

(~~
.J
...... ~. -

LC 7 3667

continue in effect or modify otner benefits heretofore 170

2

proviaea as a part or or in addition to such retirement 171

3

or pension systems and toe power to create and maintain 172

4

retirement or pension systems tor any elected or

5

appointed puoli c officers and employees whose 173

6

compensation is paid in whole or in part from county or 174

7

municipal funds and for the beneficiaries of such

8

officers and employees."

~t1.~. Art ic Ie IX, Secti on 1 V, Paragraph III 1n

of the Constitution is hereby amended by adding ir.mediately 17B

precedin~ the period a;:>peari ~ at the end of said Paragraph 179

III the following'

180

"or to prevent the expenditure of any public funds lal

of a political subaivisicn for the purposes set forth in 182

Article X, Section 1 of tnis Constitution",

183

so that when so amended said tJarcgraph II r shall read as 184

follows:

IdS

"tJaragraph Ill. IuJ..D.~'tmL.g(t<;LQQ.o.t.tlbJ.lUQD~Qt. 136

w...u CQ.UD.U.e.s......

a.s.....aOli~Ql.1U" ..al...s..w.dJ..u.tl.QQ.:L....a~tr.~t.e...iJ..

107

The General Asseinoly 'snall not autnorize any county, 188

municipal corporation or political sLtldivision of this 109

State, through taxation, contrioution or otherwise, to

beco~e a stockholder in any company, corporation or 190
association, or to appropriate mcney tor, or to loan its Iyl

credit to. any corporation, company, association,

institution or individual except for ;lurely charitable 192

purposes. Tnis restriction shall not operate to prevent 193

the sUjJport of sChools by municipal corporatioos wi tnin 194

their respective limits or to prevent the expenditure of

any public tunas o t a political sLbdivision for toe 195

purposes set fortn in Article X, Section I of this 196

Constitution."

197

- 6-

LC 7 3C67

2 3 4 5 6 7 8 9 10
"-
II 12 13 14 15 16 J7 18 19

~tlca-2. Article IX, Sec~ion V, Paragraph II of 1Y9

the Const Hut ion is hereby amended by striking SUbparagraph 200

10 thereot in its entirety and suosti~u~in-J in lieu tnereot 201

a new subparagraph 10 to read as tollows I

202

1110. To provide insurance, hospi tali za t1 on 203

benet! ts, workmen's compensation benef its and covera~e 204

under federal old-age and social security programs tor 205

its ofticers and employees, . incluail19 elective coun~y
officers and their employees, and for employees ot tne 206

county board ot education and tor the beneticiaries ,ot 207

any such ott ieers and employees and to provide

retirement and pension benetits 'as authorized under 208

Sec~ion IV, Paragraph II, sUbpar~raph (16) ot this 209

Article. Ihe tunds necessary tor any beneti ts

authorized herein tor employees or county boards ot 210

education and their beneticiaries shall Oe paid from 211

education funds, except as otherwise provided by

paragraph (e) ot Article VIII, Section V, Paragraph II 212

ot tnis Constitution. 1I

213

'- 20 21 22 23 24 25 26 27 28 29 30 31

Article X of the Constitution is 2\5

hereby amended by striking said Article in its entirety and 216

substi tU~in9 in lieu thereof a new Article X to read as 217

tollows 1

218

IIARTICLE X.

2\9

RETIRE~ENT SYSfEMS N~D

220

EDU CA fI ()l~ AL A 55 IS !Al-iC E

22\

Section I.

222

Retirement Systems

223

Paragraph r.

Public funds may be expended tor toe 226 purpose of paying oenefits and o~,er costs ot retirement

- 7-

_. -------_.- - - - - - ,. _. -- ----_. --_. __._. . .-. ------- .. ~-----.---- ---~~-=-----~
LC 7 3667

and pens ion systems tor puolic otti cers and employees 227

2

and their oeneticiaries.

228

3

Paragraph II.

229

4

Publ1c funds may be expended tor the purpose of 230

5

increasinq benef its being paid pursuant to any 231

6

retirement or pension system wholly or parti ally

7

supported tram puol1c funds.

232

8

Paragraph Ill. E1l:~.aum'$ eeo$iJ:2I:L~kUl.. fne 233

9

method of funding the Fire,nen's Pension System as set 234

10

forth in the Act creating said System, approved March 3, 235

II

1955 (Ga. Laws 1955, p. 339), as amended, is continued

12

until changed by law.

236

13

Paragraph r v. Euod.1nQ...St.aad.aJ::d.s.. It shall be tne 237

14

duty of the veneral Assembly to eoact legislat ion to 238

15

define funding standards which will assure the actuarial 239

16

soundness of any retirement or pension system supported

17

~olly or partially from public fUods and to control 240

18

legislative procedures so that no bill or resolution 241

19

.creatiDo;l or ,amending any such retirement or pension 242

2'0

system shall be passed oy the Ueneral Assembly without

21

concurrent provisions for funding in accordance wi th toe 243

22

oefined funding stanoards.

244

23

Section II.

246

24

Educati anal Ass istance

247

25

Paragraph r

26

Au1b~lz~. (a) Pursuant to laws now or hereafter 250

27

enacted by the General Assembly, puol1c funds may be 2S1

28

expended for any of the follOWing purposes a

252

29

(I) '10 provide 9rants, scholarships, loans, 253

30

or other assistance to students an:! to plareots of 254

31

students ror educational purposes.

255

-d-

LC 7 366 7

2 3 4 5 6 7 8 9
10 II 12 13 14 15 16
17
18 19 20 21
22 23 24' 25 26 27 28 29 30
31
- 32 33 34

(2) To provide for a program of guaranteed 256

loans to students and to parents of students for 2:;7

educational purposes' to pay interest, interest 258

slDsidies and fees to lenders on such loans; and

the General Assembly is autnorized to provide such 259

tax exempt ions to lenders as shaH be deemed 260

adv isable in comection with sucn program.

261

(3) To match funds now or hereafter avallaole 262

for stuaent assistance pursuant to any federal law. 263

(4) To provide grants, scholarships, loans, 265

or .other assi stance to State employees for 266

educational purposes.

267

(b) Contributions made in support of any 268

ed ucat iona 1 assistance program now or hereafter 269

establisned under provisions of this Section may oe

deductible for State income tax purposes as now or 270

hereafter provided by law.

271

Paragraph I I. Qua.t:~tie.d.-B.u..en.~..Q.e.tU.. Guaranteed 272

revenue debt may be incurred to provide funds to make 273

loans to students aoo to parents of students for 274

educational purposes, to purchase loans made to S'cudents

and to parents of students for eaucational purposes, or 215

to leoo or make deposi ts of such funds with I enders 276

which snaIL be secured by loans mace to students and to 2i7

parents of students for educational purposes. Any such

debt shaH be incurred in accordance with the procedures 27ti

and requirements of Article VII, Section I II ot this 279

Const! tu ti on.

2aO

Par~raph I II

Publ ic 201

author it ie s or puol1 c corporat ions heretofore or 2d2

hereafter created for sucn purposes shall be authorized 203

to administer educational assistance pr~rams and, in

comection therewith, may exercise such powers as may 284

now or here03fter oe provided by law.

2d5

- 9.-

U'; -, 3607

i>araqraph IV. ~i..Y.e.t:..QL-Iw...tiCll. lhe Board of 286

2

Regents of tne universi ty System of Georgia shall oe 207

3

authorized to estaolish proqra;ns allowing attendance at 288

4

units of the Universi ty System of Georgia ~l1tnout

5

payment of tuition or other fees, but the General 289

6

Assembly may provide by law for tne establishment of any

7

such program for tne benefit of elderly citizens of toe 290

8

St ate."

291

9

S~.t.1Q.Q..._LL. loe fo11owin-1 amendnen ts to tne 293

10 ConstituUon of 1945 and to the Constitution of 1877 which 294

II were continued in force and effect by Article XI II, Section 295

12 I, Paragraph II of the Constitut.ion of 1976 are hereoy 296

13 repealed in their entirety:

297

14

A. The amendment autnorizing the General Assemoly 2y8

15 to enact laws authorizinq Chatnam County to create a 29Y

16 retirement fund and a system of' retirement pay for county 300

17 employees which was ratified on June 8, 1937, and which is

18 set forth in Georgia Laws 1937, pages t6-ld.

302

19

B. The amendment authorizin~ the General Assernoly 303

~O to enact laws authorizing Fulton County and the governing 304

21 authorities of the schools of said county to create a 30:>

22 retirement and pension fund and a system of retirement pay

23 for county emp loyees and for county scnool employees and to 306

24 levy taxes for that purpose which ",as ratified on June 6, 307

25

1939, and which is set forth in Georgia Laws 1939, pa:Jes 3l.ks

26 39-41.

309

27

c. The amendment authorizing tne General Assernoly 310

28

to enact laws authorizin~ IHchmond County to create a 311

29 retirement or pension fund and a system of retirement or 312

30 pension pay for county employees which was ratified on

31

August 3, 1943, and \'Ihich is set fortn in veorgia Laws 1943, 313

32 pages 4d-5t.

314

- 10 -

LC 7 3667

2 3 4 5 6 7 8 9 10 1\ 12 13 14 15 16 17
18 19 20 21
22 23 "24 25 26 27 28 2Y 30 31
- 32 33

D. The amendment extending coverage of the pension 315
sysl;em aUl;horized by the Constitution tor county employees 316

in Ful ton County to provide that the oenefi ts of said 317

pension system shall be avallaole to all Sl;ate, State and 318

county and county officers, deputies and employees and the

deputies of such officers whose salaries or wages are paid 319

in whole or in part trom the funds or Ful ton County which 320

was ratified on November 2, 1948, and which is set torth in 321

Georgia Laws 1947, p~es 174Y-1751.

322

E. The amendment authorizing the General Assembly, 323

with respecl; to t3ibb County,' to enact laws constituting 324

pension or retirem"ent plans for all or any persons elected 325

or appointed, or appointed oy any el ected or appointed 326

official, whetner .or noc a county or State of ticer, wnose

salary, wage or compensation is paid wholly or in part from 327

the funds of oiOO County, which was ratified on November 1, 328

1950, and which is set forth in Georgia Laws 1950, pages 329

431-434.

330

F. The amendnent empowering the governirq 331

authority of Bibb County to adopt, revise, amend, and modify 332

pe.nsion, disability and retirement plans for all or any 333

persons elected or appointed, whether or not a county or a 334

State officer, whose salary, wage or compensation is paid

wholly or in pan: by tlibo County, which was ratified on 335

November d, 1966, and which is set forth in Georgia Laws 336

1966, pages 881-8l:l3.

337

G. The amendment authori zing an increase in 338 rel;irement oenefits of retired employees of the City of 339

Griffin which was ratified on NoveiOoer 7, IYi2, and which is 34u

set; forth in Georgia Laws ly71, pa'ies 935-936.

341

H. fhe amendmenl; author1 z1n:;J an increase in 342

retirement benefits of persons retired under the retirement 343

system of the board of education for the Ci ty of Savannah 344

- .11 -

LC 7 3667

and the County 01' Chatham which was rati fied on l-ovember 5. 344

2

1974. and which is set forth in Georgia Laws 1974, paqes 34::>

3

1692-1693.

346

4

I. The amendment authori zinq the governi ng 347

5 authority of Fulton County to provide trom time to time for 34d

6 the increase of retirement or otner benefits of retired 349 ,'
7 persons who have retired or wno retire in the tuture

8 pursuant to any retirement system, annuity and benefit tund 350

9 system, pension system or any similar system established for 351

10 any employees of Fulton County wnich was rati tied on 352

11

~vember 5, 1974. and which is set forth in Georgia Laws 353

12

1974. pages 1809-ldll.

354

13

J. The anencinent authorizinq tne City Council of 355

14 the City of East Point to provide oy oroinance from time to 356

15 time for the increase of retirement or pension benefits of 357

16 retired persons who retired at any time prior to January I. 358

J7 1975. pursuant to any retirement system, pension system or

18 any similar system heretofore created t:1f law or by tile 359

19 governing authoritY of the City of East Point and to 360

20 authorize tne Ci ty Council of said City to appropriate' funds 361

21

for such purpose, which was ratified Novenoer 5. 1974. and 362

22 which is set forth in veorgia Laws IY73, pages 1495-1496.

363

23

K. The anendment providin-J that in all cities 01' 364

24 this State having a population of more than 300.000, as 365

25 disclosed by the United States Decennial Census of 1970. or 366

26 any future such census. the governing authority shall oe 367

27 authorized to provide. from time to time. for the increase

28 of ret irement or pension benefi ts of persons who have 361:i

,29 retired from employment with any sucn municipal corporation 30Y

30 and who retired pursuant to any retirement system. annuity 370

3.1 and oenefit fund. pensi,on system or any similar system

32 heretofore or hereafter created 'at law, which was ratified 371

33 on !'lovember 5, IY74, and which is set forth in Georgia Laws 372

34

1973, pages 1493-14Y~.

373

LC 7 3667

L. The amenamEl.lt autnori zing the qoverninq 374

2 authority of Floyd County to ,include within any retirement 375

3 systsn or plan heretofore or hereafter created by such 376

4 governing authority any or all persons, except elective 377

5

county officers, whose comp ensa1:1 on , or at least' SiJ%

6 thereof, is paid from the funds of Floyd County, which 'lidS 378

7 ratified on Novemoer 2, IY76, and whicn is set forth in 3/9

8 Georgia Laws 1976, pages 1887-1888.

380

9

M. The amendment autnori zing the governing 38\

10 authority of the City of Marietta to proviae for an increase 382

11

in retirement benet! ts of retired employees of said City, 383

,~

12 which was ratified on November 2, !976, and which is set

13 forth in Georgia Laws 1976, pages 1872-1873.

305

14
15
16 17
18
19
-- 20 21 22 23 24 25 26 27 28 29 30 ' - 31

Seklioa.-..:.!2.,[he tollowin~ amendments to tM 3b7

Constitution ot 1976 are hereoy repealed in their entlraty: 3aB

A. The amendment increasing the pensions paid to 390

certain widows and, children of deceased members of the 391

Firemen and Police tlension Fund of the City of Macon which 392

was ratified on Novemoer 7, 19713, and which is set forth in 3-,13

0eoryia Laws 1977, pa-Jes 1612-1614, and in Georgia La',o/S

1978, pages 2311-2312.

394

B. The anendment authorizing the General Assemoly 3'>15

to provide by law tor. the increase of retirement or pension 3)16

benefits of il"\dividuals who retired pursuant to an Act 397

providin(,j a system of pension and retirement pay for 3913

teachers and employees of tile Boara ot Education of rulton

County, approved Feoruary 2, 1-,145 <Ga. Laws 194~, p. 52dl, 39'1

as amended, and the beneficiaries of sucn indiViduals, which 400

was ratified on Novemoer 7, 1978, and which is set torth in 401

0eorgia Laws 1977, pages 1562-1564, and in Georgia Laws

197d, pages 2312-2313.

403

- 13 -
( "),

LC 7 3667

2 3 4 5 6 7. 6 9 , - 10 II 12 13 14 15 16 17 16

Ihe above pro;Jose.:l amendl:l,.1t to c.1e Constitucion shall oe published ana suomitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have wri cten or printed thereon the following l
.. [ liES Snall toe Const! tutien be amended so as to revise completely Article X relating
l NO to retirement systems and educational scho larsnl ps and to change other provisions of the Gons ti tution in comection with such revision?"
All persons desiring to vote in favor of ra~itying tne proposed amendment shall vote .. Yes." All persons desiring to vote against ratifying the proposed amendment
shall vo ce ."!'b."
If such amendment shall be ratified as prOVided in said Paragraph of the Consti tution, it shall become a part of the Gonst itut ion of this state.

408 409
415 418 423
426 427 429 430 431
432 433
435

19

~r..l~~. If this amendment to the Consti cution 437

20 is ratified as prOVided by Section 13 above, it shall become 438

21

effective on July 1, 1981.

- 14 -

PRESENT CONSTITUTION

ARTICLE X.

5660

2

RETIREME~i SYSTEMS A~D

5661

3

EDUCAT~ONAL SCHOLARSHIPS

5662

SECTION I.

5664

5

RETIREMENT SYSTEMS

5665

6

Paragraph 1. ~each~_ietirement System--Taxation 5668

.-

7

The powers of taxation mal be exercised bI the State 5669

8

througb the General AssemblI and by counties and 5671

9 municipalities, for the purpose of paying pensions and other

10

benefits and costs under a teacher ret~rement sIstem or 5673

11

systems; provided no indebtedness against t4e State shall 5674

12

ever be created for the purpose herein sta~ed in excess of

13

the taxes lawfull1 levied each fiscal year under Acts of the 5675

14 General Assembly authorized hereunder.

5677

15

Paragr aph II. Retirement System for Employees. 5679

16 The General Assembly is authorized to estaolish an 5680

11 actuarially sound retirement system for employees under a 5681

18 merit slstea.

5682

19

Paragraph III. ~bli~chool Employees Retirement 5684

20

The General Assembly is hereby authorized to 5686

21

provide by law for the creation of an actuarially sound, 5687

22

participating retirement slstem for all employees of public

23 schools who are not covered by the Teachers' Retirement 5689

24 Systea including, but not limited to, schoOA bus drivers, 5690

25

school lunch-room personnel, school maintenance personnel 5691

26 and school custcdial personnel. The General Assembly is 5692

27

further authorized to provide in said Act creating such 5693

28

retirement sl5tem, or in any amendatory Acts thereto, for 5694

29 t he expenditure of State funds and the funds of county and

30 independent boards of education in support of said 5696

31

retirement system, in such manner as the ~eneral Assembly 5697

32

s hall deter aine.

5698

- 158 -

Paragraph IV. Fi~~!!.!.~Jension System.

The 5700

2 powers ot tdxatioll mGt be exercised by' the Stdte through the 5701

3

General. Assembly, and the counties and lIun~cipalities, for 5702

IJ

the pur~ose of Faying pensions and other benefits and costs 5703

5 under a firemen's pension Slstell or systems. The taxes so 570IJ

6

levied mal be collected by such firemen's pension system or 5705

7 systems and disbursed therefrom by authoritt of the General 5706

8 Assemblj' for the purposes herein authorized.

5708

9

Paragraph V.

Increased Retirement Henefits 5711

10

!uth~ri~~. (a) Ant other provisions of this Constitution

11

to the contrary notwithstanding, the Gene~dl Assembly is 5713

12 hereby authorized to prOVide' by law, from time to time, for

13

the increase of r~tirement or other benefits of retired 5715

1ij persons who have retired or who retire in tne future

15 pursuant to any ret.l.rement system, ann~ ty and beneLl.t fund 5716

16 s yste., pension systelll or any similar sY::itelll, wnich such 5718

17 system was created bl lali and such law prov.l.ued tnat such 5719

18 system be funded wnolly' or pa rtly L rom fines and

19

forfeitures. Nc formerll retired person sha~l receive anI 5720

20 greater benefi'ts than tnose benefits provided by la v to be 5721

21

received upcn ~etirelllent by members of the system who have 5722

22

n ot ret~red, nor sa all ani such formerl~ retired person 5721J

23

receive any ~ncreased benefits unless all Lor'merll retired

2IJ persons entitled to receive such increased benefits 5726

25 participate I-ro rata therein.

5727

26

(b) Any other prOVisions of this COllsti tution to 5728

27 the contrarl notkithstanding, the General Assembly ~s hereby 5729

28 authorized to prOVide bl lav, from time to time, for the 5731

29 increase of retirement or pension benefits or retireu public 5732

30 schoolteachers Iiho retired Fursuant to a retirement or 5733

31

pension slstem of a county, municipality or local board of 573IJ

32 education. The General Assembly shall be authorized to 5735

33 expend state funds for such purposes in such manner and 5736

3IJ pursuant to such terms and conditl.ons as the General

- 159 -

" '"

Assembly may ~rovide by law.

5738

2

(C) Any other provisions of this Cpnstitution to 5739

3 the cOlltrary no twi thstanding, the General As.::>embly is hereby 5740

4 a uthorized to provide by law, from time to tille, for the 51112

5

increase of reti~ement or pension benef~ts of retired

6 persons who retired pursuant to 'any retLrement system, 5744

7 annuity and benefit fund, pension system or any similar 5745

8 system heretofore or hereafter created by law to which the

9

General Assembly appropriates funds. The G~neral A~sembly 5746

10 shall be authorized to appropriate funds for the purpose of 5747

11 increasing the retirement or pension benefits of such 5749

12 retired persons.

5750

13

SECTION II.

5752

14

EDUCATIONAL SCHOLARSHIPS, LOANS, AND GRANTS

5753

15

FaragraphI. Authorization. Notw~thstanding any 5756

16

other provisions of this Constitution, the ~eneral Assembly 5757

17 is hereby authorized to provide by law for a program or 5759

18

programs of loans, scholarships and grant~, dnd the insuring

19 of loaDS aDd payment of interest on loans to citizens of 5761

20

this State for educational purposes. The G~neral Assembly

21 is authorized to provide for all matters relative to such 5763

22 programs. laJles may be levied and public funds expended for

23 s ueh purposes.

5765

211

Paragraph

II.

Grants

for

Education. 5767

25 Notwithstanding any other provision of thLs Constitution, 5768

26

the General Assembly lIIay by lalll provide for yrants of State, 5769

27 county or municipal funds to citizens of the State for 5171

28 educational purposes, in discharge of all ooligation of the

29 State to provide adequate education for its cLtizens.

5773

30

Paragraph Ill. ~__Medical Education Boar~. 5776

31 There is hereby created a board to be known as the State 5777

32 Medical Education board to consist of five members, one of

- 160 -

whom sha~l be t~~ President of the Medica~ ASsocLation of 5179

2

Georgia, one OJ:: whom shall be the imm~diate l'ast President

3

of the Medical Association of Georgia, and three members to 57 BO

4

be appoJ.nted by the Governor, who sha~~ be ljualified 57BZ

5 electors of the State of Georgia. TAe members of the board

6

in office on the effective date of this Constitution shall 5783

7

serve out the remainder of their respective terms. 5784

8 Thereafter the Governor shall appoint three members for a 5785

9

term of four years, and shall appoint the President ~nd the 5786

10 immediate past President of the Kedical Association of 5787

11

Georgia pursuant to their position and office in those 5788

12

respective capacities. Vacancies shall be filled by 5789

13 appointment by the Governor for the unexpirea term.

5791

14

The members of the Board shal~ receive such 5793

15 compensation and allowances as provided by law tor attending

16

meetings of the board or in travelin~ eLsewhere in the 5794

11

discharye of their duties reguiring their aDsence from their 5795

18

respective places of abode, same to be paid upon toe 5796

19

approval 01. tlJe CloaLrmil.1l or Vice-Chairman of the Board, out 5197

20

of any Lunds lIIaa~ avaJ.Laule to saLd Doara.

5199

21

Ih~ secretary of the Board Shall ue whosoever is 5801

22

servin~ as the secretary of the Board of Re~ents, who shall

23

keep the records and mJ.nutes of the proceedin~s of the Board 5802

24

and wbo shall also keep the booxs, records and accounts of 5803

25 t he Board, and wbose comfensation as secretary of this Board 5804

26 shall be fixed by the Board. The secretary shall prepare 5806

27

and countersign all checks, vouchers and warrants drawn upon

28

t he funds of the Board, and the same shall be signed by the 5801

29

Chairman of the Board. The secretary shall also be the 5809

30

tDeasurer of the Board and shall xeep an account for all the

31

funds of the Board, and shall execute and file with the 5811

32

Board a surety bond in the sum of $10,000.00, payable to the

33 State of Georgia, and conditioned upon the faithful 5813

34

performance of his duties and that he shall properly account

35

for all funds coming into his hands as such secretary, the 5814

- 161 -

p rellium 01.1 such bond to be paid out of tile funds of the 5815

2 'Board.

5816

3

The board may employ clerical a~sistance as is 5818

required and needed.

5819

5

!he board shall elect a chairman and also a 5821

6

vice-chairman to serve in the absence or ~nability of the 5822

7

chairman. ihe board sAall maintain an office at the nedical

8 College ot Georgia, and shall meet at the ::iaid office or 5824

9

elsewhere at least once each quarter at suc" time as ~ay be

10

fixed by the board. Special meetings shall be beld upon 5825

11

call of the chairman. Tbree members of the board shall 5827

12

constitute a ~uorum for the transaction of business, and the

13

board snall kee f r ull, complete and permanent minutes and 5829

14

records ot all its proceedings and actions.

5830

15

It shall be the duty of the board to receive and 5832

16

pass upon, al~oli or disalloli all applica tions for loans or

17

scholarships made by students who are bona L~de citizens and 5833

18

residents ot the State of Georgia and who desire to become 5834

19

doctors ot medicine and who are acceptable tor enrollment in 5835

20

a qualified tour-year medical school. The pu~pose or such 5836

21

loans snall be to enaDle such applicants to obtain a 5831

22

standard Lour-year medical education lihich liill qualify them 5838

23

to become licensed, practicing physicians wLthin tlle State 5839

24

of Georgia. It shall be the duty of tbe Doard to make a 5841

25

careful and full investigation of the ability, character and

26

qualificatLcns of each applicant and determine his fitness 5842

21

to become tAe recipient 01 such loan or scholarship, and for 5844

28

that purpose the board may propound such examLnation to each 5845

29

applicant wnlch it deem,s proper, and tht:! said board may 5846

30

prescribe such rules and regulations as it aeems necessary

31

and proper to carry out the purpose and intention of this 5848

32

Paragraph. The investigation of the applicant shall include

33 an investigation of the ability of the applicant, or of the 5849

34 parents of such applicant, to pay his own tuition at such a 5850

35

medical school and the board in granting ::iuch loans and 5852

- 162 -

"\ .......). ,

scholarships shdll y~ve preterence to ~udlLried applicants 5852

2 who, or WAose parents, are unable to pay the applicant's 5854

3

tuition a t such a medical school.

5855

The said board shall have autaorLty to grant to 5856

5

each applicant deemed by the board to be qualified to 5tl51

6 receive the same, a loan or scholarship for the purpose of 5858

1 acg:uirillg a medical educdtion as herein proVl.Qed for, upon 5859

8 such terms and couditions to be imposed by the Loard as 5860

9 provided tor in this Paragraph.

5862

10

Applicants who are granted loans or scholarships by 5lJ63

11

the Board shall receive a loan or scholarship not to exceed 5864

12 $15,000.00 to anyone applicant to be paid Lll such manner as 5866

13

III ay be determinea Dy the Board with wuich to defray the 5861

14 tuition and other expenses of any SUCD al'plicant in any 5868

15

responsible, accepted and accredited med~cal college or 5869

16 school in the United sta tes. The loans aud scholarships 5810

11 herein provided shall not exceed the sum nerein stated, but 5871

18

they may oe prorateQ in such manner as to paj to the medical 5872

19 college or school to whiCh any applicant is admitted such 5873

20

funds as are required by that college or school, and the 5874

21

balance to be paid direct to the applicant; all of which 5875

22 s hall be under such terms and conditions as may be provided 5876

23

under rules and regulations oi the Board. T"e said loans or 5871

24

scholar$hips to be yranted to each applicant shall be based 5878

25 upon t.he condition that the full amount t.aereof shall be 5879

26 repaid to tte state of Georgia in services to be rendered by 5880

21

t he applicant by practicing bis profession at some place 5881

28

within toe state of Georgia to be approved by the Board. 5882

29 One-fifth ot the loan or scholarship, together with interest 5883

30

thereon, shall be credited to the applicant ror eacn year of 5884

31 practicing his profession in a community of 15,000 5885

..

32

population or less, according to the United States Decennial 5886

33 Census or 1910 or any future such census, or at Central 5881

34 State iiospital, Gracewood State School and Hospital, or at 5888

35 any facility operated by or under the jurLsdiction of the 5890

- 163 -

Departlllent ot HUlllan Resources or at anj' of the above 5891

2

facilities of the Department of Offender Rehabilitation. 5892

3 The Board shall have the authoritI to cancel the contcact of

4

any applicant at anI time for cause deemed sufficient hI the 5893

5

Board. Upon cancellation of the contract for anJ cause 5894

6

whatsoever, includin~ default or breaCh thereot bJ the 5895

7 a pplicant, the total uncredited amount of t.he scholarship

8

paid to the afflicant shall at once become due and payable 5896

9

to the board in cash loIith interest at the rate of. nine 5897

10

percent (9l) per annum from the date of each payment by the 5898

11

Board, compounded annuallI.

5899

12

~ach applicant before being granted a loan or 5901

13

scholarship shall enter into a contract w~th the state of 5902

14

Georgia, agreeing to the terms and conditions upon which the

15

1 can or scholarship sAall be granted to h~m, which said 5904

',~

16

COB tract shall include sucn terms and provisions as will 5905

17

carry out tne tull purpose and intent of this Paragraph, and

18

the form thereof shall be prepared and approved by the 5907

19

Attorney-General ot this State, and shall De siyned by the

20 'chairman of the board, countersigned bI tile secretarJ and 5909

21

shall be signed bJ tile applicant. For the purposes of this

22

Paragraph the disabilities of m~noritI of all applicants 5910

23 9' ranted loans or scholarships here under shall be" and the 5911

24

same are hereby removed and the said applicants are declared 5912

25

to be of full lawful age for the purpose of enter~ng into 5913

26

t he contract hereinabove provided for, and such contract so 5914

27 eIecuted bj' an applicant is hereby declared to be a valid 5916

28

and binding contract the same as though the said applicant

29

were of the full age of 18 years and upward. The board is 5917

30

hereby vested with full and complete authority and power to 5918

31

sue in its own Dame any applicant for anI balance due the 5920

32

board on any such contract.

5921

33

~t shall be the duty of the boaca to contact and 5923

34

make insuiry of such of the tour-year medical colleges and

35 schools as herein provided as it deems propec, and make such 5924

164 -

arrangements and enter into such contracts, within the 5926

2 limitations as to cost as herein provided, 10r tne admission 5927

3 of students granted loans or scholarships bI the board, such 5928

4 contracts to be approved bI the Attornel-General of this 5929

5 State, and the monel obligations of such contract as made bI 5930

6

the board w~th anI such cOileges shall be paid for out of 5931

7

funds to be Frovided bI law for such pUl:t>oses, ,and all 5932

8 students granted loans Or scholarships shall attend a 5933

9 medical school with which the board has entered into a 5934

10 contract, or any accredited four-year medical sCBool or 5935

11 college in which said applicant may obtain admJ.ssion, and 5936

12 which is affroved by the board.

5937

13

T~e board shall have authority to cancel any 5939

14 contract made between it and any applicant for loans or 5940

15 scholarsbips upon cause deemed sufficient by the board. And

16 t he board shall have authority to cancel. such contracts

17 which it may laWfully cancel made with any ot the colleges

18 or schools as herein provided.

19

Al~ payments of funds for loans Or scholarships

20

hereunder shall be made by requisition ot the board signed

21

by the chairman and the secretary directed to the auditor of 591H

22

public accounts, wbO shall there upon issue a warrant on the 5948

23

treasury of tbe State of Georgia for the amount fixed in the 5949

24

reguis~tion and palable to the person desi~nated thereon, 5951

25 which said warrant upon presentation shall. be paid bl the 5952

26

Director, Fiscal Division, Department of Administrative 5953

27 Services, or such other officer as may be desJ.gnated by law,

28

a ut of anI t unds appropriated bI the legJ.slature for the 5955

29

purposes provided for under this Paragraph.

5956

30

All funds made available to the board bI Act of the 5957

31

legislature tor the purpose of defraying expenses of the 5959

32 board ana the salaries of its secretary and employees shall

33

be paid over and received by the treasurer ot this board and 5960

34 by hia deposited in salle sol vent bank within the state of 5962

35 Georgia, selected by the board, and such funds may be drawn

- 165 -

/-

and expended bJ check or warrant signed bJ t~e chairman and 5963

2 attested bJ the seccetarJ.

5965

3

ihe baaed snall make a biennial report to the 5967

legislature of its activities, loans or scholarships 5968

5

granted, names of persons to whom granted and the 5969

6

institutions attended bJ taose receiving the same, the 5970

7

location at the applicants who have receiv~d their education 5971

8

and become licensed phJsicians and surgeons within this 5972

9

State as a result or the said loans and/or scholarship~, and 5973

10 where thaJ are practicing, and shall make a Lull report of 5974

11

a 11 its expenditures for salaries and expenses incurred 5975

12

hereunder.

5976

13

It is the purpose and intent of this Paragraph to 5977

14 bring about an adequate supplJ of doctors at medicine in the 5978

15

II are sparselJ populated areas of the State of Georgia bJ 598Q

Hi

increasing the number at med~cal students from Georgia in 5981

'17

t he various medical schools, and inducing a sufficient 5982

18 number of the graduates from medical schools to return to 5983

19

Georgia and practice their profession, thus affording 5984

20

a dequate medical care to the people of Georg.l.a.

5985

21

Paragraph IV. State Dental Educat.l.on 80ard. There 5988

22

shall be a State Dental Education Board of Georgia, which is 5989

23 a uthorized to g rant loans or scholarships to students who 5990

24 are citizens and residents of the State of Georgia, and who 5991

25 desire to become dentists. The appointment of members of 5992

26

said State Dental Education Board of Georgia, their 5993

27

qualifications, terms of office, powers, duties, functions 5994

28

and authoritJ;and the provision of funds to carry out the 5995

29

purposes prOVided for herein shall be as enacted and 5996

30

appropLiated by the General Assembly of the State of

31

Georgia.

5997

32

Paragraph V. stg~_hola~hiE- Commission. The 6000

33 General Assembly is hereby a uthorized to proVide by law a 6001

34

S tate Scholarship Commission to be a uthorizel1 and empowered

- 166 -

to activate, inauyurate and conduct a proyralll to provide for 6002

2

the 9~anting of schola~ships to students desiring to study 6003

3

courses in the pa~a-medical, professional o~ educational 6005

4

fields. 1he Gene~al Assembly is herebj autho~ized to

5

provide fo~ the duties, powers, autho~it~, jurisdiction and bO 06

6

composition of any such commission and ~s authorized to 6006

7

prOVide fo~ all other matte~s relative to the purposes 6009

6

providc;d for herein.

6010

9

.Paragraph VI.

6012

10 Commissioner of Human Resources, lIith the ai!l'roval of the 6014

11

Board ot Human Resources, is hereby authorized to extend 6015

12

scholarships to ph ysicians and othe~ personnel to take post 6016

13

9 raduate cou~ses in the various schools an<1 clinics in the 6017

14

United States so as to enable them to be better qualified in b018

15

t he diagnosis, care and treatment of mental .1.llness. As a 6019

16

prerequisite to the g~ant of such scholarship, the recipient 6020

17

thereof must agree to actively engage in the l'ractice of his 6021

16

profession in a hospital operated by the State of Georgia, 6022

19

under th~ superVision of the State of Georgia, or at some 6023

20

place approved by the authority granting the scholarship, on 6024

21

t he basis of one year of service for each tear of training 6025

22

received. The remedies for the "enforcing of service 6026

23

required shall be the same as provided for medical grants 6027

24

and SCholarships and such other remedies as may be l'rovided 6028

25

by la v.

6029

26

Paragraph VII. Board of Regents Scholarshi2. 6032

-

-

27

The Board of Reyents of the University System of Georgia b033

26

s hall have the authority to grant to qualified students, IIho 6034

29

are citizens and bona fide residents of the State of Georgia 6035

30

and who would not otherwise have availaule the funds 6036

31

necessary to obtain an education, such scholarships as are 6037

32 necessary for them to complete programs of studt offered by 6038

33

institutions of the University System of Geoeyia, with the 6039

34

exception of the progeam leading to the degeee of Doctor of 60110

- 167

Medicine. The terms and conditions thereo~ shall be 6041

2 pDescribed and regulated by the Board of Hegents but shall 6042

3 include tile cOlldition that recipients of such scholarships 6043

4 shall, upon the cO'llpletion of their programs of study, 6044

5 reside in the State of Georgia and engage in activities for 6045

6

Ii hich tile}' were prepared through the scholarships for a 6046

1 period ot one year tor each $1,000 received. The General 6047

8

Assembly shall appropriate such funds to the Board of 6048

9

Regents of the University System of Georgia as it sees fit 6049

10 in order to car ry out tile pUCJ;:oses of this provision.

6051

11

.~t sh all be the duty of the Board of Regents to 6053

12

receive and pass upon, al~ow or disa~low, a~l applLcations

13 for scholarships; to contract, increase, decrease, terminate 6054

,..

and otherwise vegulate all grants for scnolarships; and to 6055

15 manage, operate, and control all funds appropriated for this 6051

16 purpose.

6058

17

Scholarships

Prospective 6060

18

The State Board of Education shall have the 6061

19

3. uthor~ty to gunt to citizens who are interested in 6062

20 becoming teachers and who are bona fide residents of the 6063

21

State of Georgia such scholarships as are necessary for them 6064

22 to cOllplete programs of study in preparation for teaching. 6065

23 The terms and conditions thereof shall be prescribed and 6066

24

regulated bi the State Board of Education but shall include 6067

25 the condition that recipients of such SCholarships shall, 6068

26 upon the completion of their programs of study, teach in the 6069

27

public sc.uools of Georgia for a period of one .year for each 6070

28

$1,000 rece~ved, and include the further prOVision that any 6071

29 person using an}' such scholarship shall teach in .the pUblic 6072

30

schools of Georgia for at ~east three years ~n any event.

6074

31

The General Assembly shall have tne authority to 6076

32

appropr~ate such funds to the State Board of Education as it

33 deems wise and proper to carry out the purposes of this 6078

34 provision.

6079

- 168 -

It shall be the duty of the State Board of 6080

2 E duca t.LOIi to re cei ve and pass upon, allow or disallow all 6081

3 applications for scholarships for teachers, to contract, 6082

increase, decrease, terminate and otherwise regUlate all 6083

5

gnnts for scholarships; and to manage, 0l'erdte and control 6084~

6

all funds affLofriated tor this purpose.

6086

7

Paragraph .Ix. State Participation in l"ederal 6089

8

The General Assembly is hereby 6090

9

authorized to afpropriate funds to any State del'artment or

10

other State agency for the purpose of bein~ used to obtain 6091

11

funds froll the Federal Government tor educational 6093

12 s cholaL sh..ll'S, ed uca t.l.onal loans and otll.er educational 6094

13 purposes and all such Stat.e departments alld other State 6095

14 agencies shall be authorized to use the funds so

15

appropriat.ed and the funds received froll the Federal 6096

16 Government tor the purposes authorized and directed by the 6097

17

P ederal Government in ma.k.in~ such funds available.

6099

18

Paragraph X. Scholarships Financ~d from State 6102

19

state departments and agenc.l.es of the State 6103

--

20

government of Georgia shall have the authority to disburse 6104

21

State tunds to match federal funds in order to provide 6105

22

qualified elllplo.:rees vith educational scholar~hips and for 6106

23

use in other federal education programs but shall include 6107

24

the conditi~n that personnel to whom the scholarships are 6108

25

extended must, as a prerequisite thereto a~ree to work for 6109

26

the department or agency granting the scholarships for at 6110

27

least one year for each year spent in stuay or refund the 6111

28

money received for such scholarships peo rata. The terms 6112

29 and cond.l.tions thereof shall be prescribed and regUlated bj 6113

30 the va.rious departments and agencies granting the 6114

31

s cho larships.

Provided further that no addi tional 6115

32 a ppropriation shall be lIade by the General Assellbly to 6116

33

finance such scholarships, but the same snaIl be financed 6117

34

from the .regular appropriations to the various State 6118

- 169 -

'-

departments and State agencies. It shall be the duty of the 61 19

2

various State departments and State agencie~ to receive and 6120

3 pass upon, allow or disallow all applications for 6121

4 scholarships in accordance with rules aud reyulations 6122

5 prescribed by them; to contract, increase, decrease, 6123

6 .ter mina te and otherwise regulate all. grants for

7 scholarships; and to manage, operate and to control all 6124

8 funds used tor this purpose.

6126

9

Para 9r aph XI. sc~olarships to Children of Law 6Ll9

_.

10

~MQcement Officer2L Firemen, Etc. The General Assembly is

11

hereby authorl.zed to prOVide by law for a program to grant 6130

12 scholarships or other assistance to the children of law 6132

13

eMorcement otfl.~rs, firemen and prison gUdrds, who are 6133

14 permanently disabled or killed in the ~ine of duty, to 6134

15 enable such children to acquire an education beyond the 12th

16 grade, or to enable such children to attend a 6136

17 vocational-technical school. The General Assembly shall be

18 f urtber autnorized to provide by law for the terms and 6138

19 conditions 1.0 r \lranting such scholarsnips or other

20

assistance and shall prov~de that the program established in 6139

21

pursuance of thisPara.;lrapn shall be administered by the 6141

22 State Scholarship Commission or the Higner Education 6142

23 Assistance Cor foration, as the General Assembly shall 6143

24 determine. The General Assembly is uereby further 6144

25 authorized to appropriate any funds it deems necessary for

26

the purpose of carrying out the prov~sions of this 6145

27 Paragraph.

6146

28

The General Assembly is hereby authorized and 6148

29

empo~ered to appropriate any amount of funds it deems 6149

30 necessary 1.or the purposes of implementing any Act which 6150

31

becomes law as authorized by this Paragraph.

6151

32

Paragraph XII.

6153

33 Notwithstanding any other provisions of this Constitution, 6154

34

whenever the State Board of Vocational J:;ducation may be 6156

- 170 -

entitlea to Leceive federal funds made availaule under the 6156

2 Vocational Rehabilitation Act, 29 Unitea States Code, 6151

3 Chapter 4, or any amendment thereto, said tioard shall be 6159

4 a uthorized to receive and administer such fuuds in 6160

5 aa::ordauce with the terms of the grant, and where tue grant

6

so provides, may disburse said funds to non-profit 6162

1

corporations or associations which are engag~d solely in the

8

vocational rehabilitiltion ot disabled persons provided, 6164

9

however, that nothing in this Paragraph suall be construed

10

to authorize the expenditure of any state tunds until the 6106

11

same sha.ll have been appropriated by the General Assembly.

12

Paragraph XIII. l~i2B--2ants to Childken of 6170

13

ert~in__f~is~~f2_-2i Wa. ~he General Assembly is hereby 6111

14

authori~ed to provide by l.aw for tuition grants to ~ualified

15 students, wbo are children of certain Unitea States 6113

16 servicemen as hereinafter provided, to enable tuem to 6114

11 complete programs of studi offered in toe educational 6115

18

i nsti tut1.ons of tilis State. The tuition 9rants shall apply

19 to children of servicemen who were bona fide residents of 6171

20

this State at the time of their entry into tne Armed Forces

21

and who are certified by the United States Department of 6119

22

Defense or the United States Veterans Administration as 6180

23 missing in action for more than 90 days or captured in line

24 of duty by a hostile force or forcibly deta.l.ned or interned 6181

25

in line of duty by a foreign power since ~6 ftarch 1964. 6183

26

provided, however, that this shall not .l.nclude any 618ij

21

serviceman who is not in fact missing in action, but is 6185

28

missin~ vecause of unlawtul actions on his part. The 6186

29

provisions of thL~ Paragraph shall not apply to children 6181

30

born to anJ ser vicellan after his missing .in action status is

31

clarified or after his release from prison. The provisions 6188

32 of this Paragraph snall not apply to children of any 6190

33 servicemen who were discharged under otuer than honorable 6191

34

conditions. The provisions of this Para~raph shall not 6192

- 171 -

apply to the children ot any servicemen who are elig~ble for 6192

2

federal bent::fits under the provisions of Chapter 31, Title 6193

3

38, u. S. Code

Annotated

(Veteralls

Voca tional 6195

4

Rehabilitation) Chapter 34, Title 38, U. S. Code Annotated

5

(Veterans Educational Assistance): or Chapter 35, Title 38, 6196

6

U. S. Code Annotat~d (Veterans War orphans Educational 6198

1

Assistance Act). The recipients of such tuition grants must

8

a ttend institutions within the University sy::>tem of Georgia 6199

9

or vocational training institutions adm~n~stered py the 6201

10

sta te boa rd of Education. The educa tional. assistance to 6202

11

children of servicemen under the prOVisions of this 6203

12

Paragraph shall cover a period not in excess of 36 months 6204

13

(or the eyuivalent thereof in part-time training). The 6205

14

educat~onal assistance to children of servicemen under the

15

provisions of this Paragraph shall begin on the eighteenth 6206

16

birthday of such cllildren or the successful completion of 6208

17

secondary schooling, whichever occurs first, and end on 6209

18

their twenty-si xth birthday. The term "Chilli" or "children"

19

shall incluue individuals who are marriea. The Georgia 6211

20

State Scholar shi p Commission and the state rioard of 6212

21

Education are hereby charged with the administration of this

22

Paragraph and may promulgate necessary rule~, regUlations 6214

23

and procedures to carry out the purposes of this Paragraph.

24

The General Assembly shall appropriate the necessary funds 6215

25

f or said tuition grants.

6211

26

Paragraph .x.I V Dil:ect Loans for Students. (a) The 6220

21

General Assembly is hereuy authorized to provide bi law for 6221

2~

a program ot guaranteed student loans and fo~- the payment of 6222

29

interest on such loans, which loans shall De used tor the 6223

30

purpose of acquiring an education beyond the twelfth (12th) 6224

31

grade. The General Assembly is authorized to create an 6225

32

authority, a ccrporation or other entity for the purpose of 6226

33

administering any such law. Such law shall provide the 6221

34

agencies which may participate in any such loan program

- 172 -

which may inciQde commercial banks, savings banks, savings 6228

2

and loan associations, ~ife insurance companies, credit 6230

3

unions, and ret~rement and pension systems. Such law shall

provide a mati lIum ra te of interest IIhich ma be charged for 6231

5 such loans and shall peovide a portion of such interest 6233

6

whicb lIill be paid by the state. State funds may be

7

expendeu foe such purposes and the Gen~ral Assembly is 6234

8

h eceb y authorized to a~propriate money therefoe. The 6235

9

(; eneral Asselllb ly is also authoeized to pro viae that 6231

10

con trib utions tor the pur poses pro vided heeein shall be 6238

11

deductible fOL State income tax purposes. The General 6239

12

Assembly is a~o authorized to peovide foe such tax

13

e lrellptions as shall be deemed advisab~e in connection with

14

S II: b peogram. The Genera~ Assembly is hereliy authorized to 6241

15

provide for all othee matters eelative to the purposes

16

provided fox: bex:ein.

6244

17

(b) The General Assembly is heeebt authorized to

18

px:ovide by law foe the issuance of revenue bonds foe tbe 6241

19

purpose of malting direct loans to students in order to a~lov

20

sUGb students to ac~uire an education beyond the 12th grade.

21

The amount of such revenue bonds that may be outstanding at

22 a ny one time, the interest rates, terms and conditions

23

associated with the issuance of such bonas and all othee 6252

24

matters relating to the issuance of such bonds shali be as

25

the General Assembly sha+l peovide by lall. Such bonds sha~l 6253

26

be retired by the proceeds derived from the repayment of 6255

27

s UGh student loans plUS the interest, which may be such rate

28

or rates as the General Assembly sha~l determine, on such 6251

29

1 alns in such manner and under such terms and conditions as

30

the Geneeal Assembly sha~l determine. To the extent 6259

31

necessary to secure the issuance and sal~ of such bonds, 6260

32

s ucb bonds may be retleed frolll State funds in such manner as

33

t be General Assembiy shall determine, any other provisions 6261

of this Constitution to the contrary notvithstanding.

6263

- 173 -

Pacagraph xv.

g~aDts and Scholar~hi~s to ~olle~ 6265

2

~tu~ent2. lh~ Genecal Ass~mbly is authorized to provide by 6266

3

law for grants or scholarships to citizens of Georgia who 6268

4

are students attendiny colleges or univ~r.:iities in this 6269

5

state which are not branches of the University System of 6210

6

:; eorg ia. 1 he Gene ral Assembly shall provide the pcocedures

1

under which suc h 9 cants or scholarships sha.i.l be made and is 6211

8

.a uthorized to pcovide appropciations for SUCll purpos~s.

6213

- 174 -

COMMITTEE MEMBERS:
GEORGE BUSBEE GOVERNOR CHAIRMAN
ZELL MILLER LIEUTENANT GOVERNOR
THOMAS B MURPHY SPEAKER. HOUSE OF REPRESENTATIVES
ROBERT H. JORDAN CHIEF JUSTiCE. SUPREME COURT
J. KELLEY QUILLIAN CHIEF JUDGE. COURT OF APPEALS
ARTHUR K. BOLTON ATTORNEY GENERAL
MARCUS B. CALHOUN SENiOR JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATLANTA, GEORGIA 30334
404/656-7156

COMMITTEES MEMBERS
AL HOLLOWAY SENATE PRESIDENT PRO TEMPORE
JACK CONNELL SPEAKER PRO TEMPORE
ROY E. BARNES CHAIRMAN. SENATE JUDICIARY COMMITTEE
WAYNE SNOW. JR. CHAIRMAN. HOUSE JUDICIARY COMMITTEE
FRANK H. EDWARDS SPECIAL COUNSEL
J. ROBIN HARRIS EXECUTIVE DIRECTOR
MELVIN B. HILL. JR. ASSISTANT EXECUTIVE DIRECTOR

'-

TO: FROM: SUBJECT:
DATE:

MEMBERS, SELECT COMMITTEE ON CONSTITUTIONAL REVISION AND LEGISLATIVE OVERVIEW COMMITTEE
Michael J. Henry, Staff Attorney
Staff Recommendations for Changes in Article X Proposal and
Incorporation of Article X Committee's Proposed Related
Changes in Other Articles
June 17, 1981

The Committee to Revise Article X completed its work in 1977. The Select Committee adopted its proposals and submitted Article X to the people for ratification in November of 1978. The Article X proposal was rejected along with a host of general and local constitutional amendments submitted at that time.
The staff makes the following recommendations with regard to the proposed draft of Article X:
Recommendations on Article X
1. Throughout Article X, all paragraph titles have been capitalized. This is inconsistent with the rest of the proposals which capitalize only the first word of a paragraph title. The staff recommends that all paragraph titles in Article X be made consistent with the other proposals.
Z. Article X, Section II, Paragraph II, Guaranteed revenue debt needs to be modified to correct a citation as follows:
"Any such debt shall be incurred in accordance with the procedures and requirements of Article VII, Section IV of this Constitution." (correction underlined)

~.

SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE June 17, 1981 Page 2
The proposal for Article X includes several proposed related changes in othe~ Articles. The staff has reviewed these proposed related changes in light of the completion of the revision 'of the other Articles and makes the following recommendations:
1. The Committee to Revise Article X proposed to amend Article III, Section VIII, Paragraph XXI, Gratuities j. Exceptions, to authorize the Board of Human Resources to receive and administer funds pursuant to any federal vocational rehabilitation program. The Committee to Revise Article III recommended that a broad authorization for participation by the state in federal programs be included in the proposed revision of Article III and that a few specific authorizations 1n the present Constitution be grandfathered in. One such provision is Article X, Section II, Paragraph XII of the present Constitution, relating to vocational rehabilitation grants.
The staff therefore recommends that the provision authorizing the Board of Human Resources to receive and administer funds pursuant to any federal vocational rehabilitation program may properly be the subject of legislation enacted pursuant to the proposed revision of Article III, Section VI, Paragraph II(b). Following the adoption of the new Constitution, Ga. Code Ann. 32-2305 should then be amended to include the language contained in the Article X Committee proposal to amend Article III.
The second part of the Article X Committee's proposal to amend Article III, Section VIII, Paragraph XII, Gratuities; Exceptions, provides that a specific statement be included to authorize the expenditure of public funds pursuant to the provisions of Article X. Since the proposed Article III, Section VI, Paragraph VI, Gratuities, opens with the proviso, "Except as otherwise provided in this Constitution. ", the expenditure of public funds pursuant to Article X would be "otherwise" authorized in the Constitution and a specific statement to that effect would be unnecessary.
The staff recommends that this part :of Article X Committee's proposal not be included in the proposed revision of Article III.
2. The Committee to Revise Article X proposed to amend Article VII, Section II, Paragraph I, Taxation, How and For What Purposes Exercised, to authorize the General Assembly to tax, "for the purposes set forth in Article X and for the purpose of making such employer contributions under federal old age and social security programs... ." The Committee to Revise Article VII proposal did not contain an enumeration of purposes of taxation, therefore the Article X Committee recommendation would be inconsistent with the Article VII Committee proposal at Article VII, Section III, Paragraph I.
\.
'-
filil"

SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE June 17, 1981 Page 3
The Article VII Committee proposal provides that, "the power of taxation over the whole state may be exercised for any purpose authorized by law." Thus, the purposes set forth in Article X would be authorized by law. The Article VII Committee proposal also provides that "any purpose for which the powers of taxation . could have been exercised on June 30, 1983, shall continue to be a purpose for which such powers may continue to be exercised." Employer contributions under'federal old age and social security programs were purp~ses for which the power of taxation could have been exercised on that date.
The staff recommends that this part of the Article X Committee proposal not be included in the proposed revision of Article VII.
3. The Committee to Revise Article X proposed to amend Article VIII, Section IV, Paragraph II, Program for Elderly Citizens, by deleting that provision. The Committee to Revise Article VIII also recommended that this provision be deleted, but that the program be provided for by statute. The provision has therefore
. been deleted from the proposed revision of Article VIII.
4. The Committee to Revise Article X proposed to amend Article VIII, Section V, Paragraph II, Boards of Education, to authorize county boards of education to expend education funds to support previously established local retirement systems covering board employees. The proposal would also authorize the local boards to maintain and modify any such local retirement system. Specific language was included in the proposal to 'authorize the situation which exists in Fulton County where the local educational retirement system has been funded partially from general county funds pursuant to a local constitutional amendment and implementing local law.
The Committee to Revise Article VIII did not incorporate this recommendation into its proposal. It has been brought to the attention of staff that the language in the Article X Committee recommendation specifically authorizing the Fulton County situation is no longer necessary. The local educational retirement system is no longer being partially funded out of general county funds as a result of a local law passed at the 1981 session of the General Assembly. Thus, the staff recommends that language relative to the Fulton County situation not be inc~uded in the proposed revision of Article VIII.

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SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE June 17, 1981 Page 4
The Article X Committee proposal contains a self-executing grant of "home rule" type powers to the local school boards to fund and modify such heretofore existing retirement systems school boards cannot create these systems. The last sentence of the provision provides that the General Assembly may enact general law controlling this self-executing grant. Thus, the self-executing grant of the first sentence is negated to the ... extent the General Assembly decides to enact a general law controlling this subject matter. Since the trend is to absorb these local educational retirement systems into the state system by general law, it has been suggested that only the authority to fund, and not to modify, these local retirement systems should be granted, in order to discourage the further development of local systems and to encourage local . boards to have their employees covered under the state system.
The staff makes the following recommendation regarding the incorporation of this proposal into the Article VIII Committee proposal at Article VIII, Section VI, Paragraph I(b).
"(b) School tax funds shall be expended only for the support and maintenance of public schools, the support of heretofore existing local retirement systems covering school board employees, public education, and activities necessary or incidental thereto, including school lunch purposes." (addition underlined)
5. The Committee to Revise Article X proposed to amend Article IX in several ways. These Article X Committee proposals have already been incorporated into the Article IX Committee proposal.
The thrust of the Article X Committee proposals to amend Article IX was to give local governments greater home rule authority over retirement and pension systems of the employees whose compensation was paid either partially or fully from local government funds. With:the incorporation of the Article X Committee proposal at Article IX, Section II, Paragraph 11(14) by the Committee to Revise Article IX, this was accomplished. The other related changes were to conform Article IX to be consistent with the changes made at Section II, Para~raph 11(14).
6. The Committee to Revise Article VII has recommended that the proposed Article X, Section I, Paragraph III, Firemen's Pension System, insofar as it authorizes a special tax for that pension system which is not required to be paid into the General Fund of the State Treasury, should be deleted from the Constitution, with appropriate statutory changes.
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SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE June 17, 1981 Page 5 7. The Committee to Revise Article X, includes, as part of its
proposal, the recommendation that 15 specified local constitutional amendments be repealed. Specific repeal of these local constitutional amendments would be effectuated in Article XIII,Miscellaneous Provisions if included. If the policy decision is to adopt the Articles VII and IX Committee recolDlllendations to allow a four year "grace period" for review of eXisting local constitutional amendments by local officials and automatic repeal in four years absent affirmative action to continue in the interim, then these local constitutional amendments could be allowed to stand repealed after this four year "grace period" without specific repeal in Article XIII. This recolDlllendation must be reconciled with the eventual policy decision on how to deal with existing local constitutional amendments. MJH/mk
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.
COMMITTr..E MEMBERS'
GEORGE BUSBEE GOVERNOR CHAIRMAN
ZELL MILLER LIEUTENANT GOVERNOR
THOMAS B MURF'HY SPEAKER. HOUSE OF REPRESENTATIVES
ROBERT H. JORDAN CHIEF JUSTiCE. SUPREME COURT
J. KELLEY QUILLIAN CHIEF JUDGE, COURT OF APPEALS
ARTHUR K. BOLTON ATTORNEY GENERAL
MARCUS B. CALHOUN SENIOR JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATLANTA. GEORGIA 30334
404/6567158

COMMITTEES MEMBERS
AL HOLLOWAY SENATE PRESIDENT PRO TEMPORE
JACK CONNELL SPEAKER PRO TEMPORE
ROY E. BARNES CHAIRMAN. SENATE JUDICIARY COMMITTEE
WAYNE SNOW. JR, CHAIRMAN. HOUSE JUDICIARY COMMITTEE
FRANK H. EDWARDS SPECIAL COUNSEL
J. ROBIN HARRIS EXECUTIVE DIRECTOR
MELVIN B. HILL JR. ASSISTANT EXECUTIVE DIRECTOR

TO: FROM: SUBJECT: DATE:

MEMBERS, SELECT COMMITTEE ON CONSTITUTIONAL REVISION AND LEGISLATIVE OVERVIEW COMMITTEE
Michael J. Henry, Staff Attorney
Incorporation of General Amendments Ratified at 1980 General Election Into The Article X Committee Proposal
June 17, 1981

There were nine general amendments to the Constitution ratified at the general election of 1980, one of which amended Article X. Since the Article X Committee reviewed and revised the Constitution as amended through 1978, no decision was made concerning this amendment. The staff makes the following recommendation regarding the incorporation of the 1980 general amendment into the Committee proposal.
1. Article X, Section I, Paragraph V of the Constitution is hereby amended by adding at the end thereof a new subparagraph (d) to read as follows:
"(d) Any other prov1s10ns of this Constitution to the contrary notwithptanding, the General Assembly is hereby authorized to provide by law from time to time, for the increase of retirement or pension benefits of retired persons who have retired or who retire in the future pursuant to the Georgia Firemen's Pension Fund or any similar fund or system heretofore or hereafter created by law. No formerly retired person shall receive any greater benefits than those benefits provided by law to be received upon retirement by members of the Fund who have not retired. The funds necessary to provide for such increases in benefits shall come from funds otherwise provided for the operation of the Georgia Firemen's Pension Fund or from such other public funds as the General Assembly shall direct."

SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE June 17, 1981 Page 2 This amendment authorizes the General Assembly to provide by law for the increase of retirement or pension benefits of those who are retired or will .retire pursuant to the Georgia Firemen's Pension Fund or any similar fund, subj ect to certain limitations imposed by the language of the amendment . The Article X Committee proposal, at Section I, Paragraph II, Increasing Benefits Authorized, authorizes the General Assembly to expend public funds for the purpose of increasing benefits being paid pursuant to any retirement or pension system. Therefore, the legislation creating the Firemen's Pension system at 1955 Ga. Laws 339 would need to be amended to encompass the terms of this amendment. This amendment would not need to be incorporated into the Article X Committee proposal. MJH/mk
..

-COMMITTeE MEMBERS;
GE,ORGE BUSBEE GOVERNOR CHAIRMAN
ZELL MILLER LIEUTEN"NT GOVERNOR
THOMAS B. MURPHY SPEAKER. HOUSE OF" REPRESENTATIVES
ROBERT H. JORDAN CHIEF JUSTICE. SUPREME COURT
J. K~LLEY QUILLIAN CHIEF JUDGE. COURT OF APPEALS
ARTHUR K. BOLTON ATTORNEY GENERAL.
MARCUS B. CALHOUN SENIOR JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION.
ROOM 23H 47 TRINITY AVENUE ATL.ANT.... GEORGIA 30]34
404/6567158

COMMITTE(S MEMBERS:
AL HOLLOWAY SENATE PRESIDENT PRO TEMPORE
J"CK CONNELL SPEAKER PRO TEMPORE
ROY E. BARNES CHAIR"'''N. SENATE JUDICIARY COMMITTEE
WAYNE SNOW. JR. CHAIRMAN. HOUSE JUDICIARY COMMITTEE
FRANK H. EDWARDS SPECI"L COUNSEL
J. ROBIN HARRIS EXECUTIVE DIRECTOR
MELVIN B. HILL JR. ASSiSTANT EXECUTIVE DIRECTOR

TO: FROM: SUBJECT:
DATE:

MEMBERS, SELECT COMMITTEE ON CONSTITUTIONAL REVISION AND LEGISLATIVE OVERVIEW COMMITTEE
Michael J. Henry, Staff Attorney
Incorporation of General Amendments Ratified at 1980 General Election Into The Article VIII Committee Proposal
June 15, 1981

There were nine general amendm~nts to the Constitution ratified at the general election of 1980, one of which amended Article VIII. Since the Article VIII Committee reviewed and revised the Constitution as amended through 1978, no decision was made concerning these "amendments. The staff makes the following recommendation regarding the incorporation of the 1980 general amendment into the Committee proposal.
Article VIII, Section IV of the Constitution was amended so as to add a new paragraph at the end thereof, to be designated Paragraph III, to read as follows:
"Paragraph III. Program for Certif~ed Teachers. The State Board of Education shall establish, by not "later than the beginning of the fall quarter of 1981, a program whereby teachers certificated in this state may be reimbursed for tuition costs for attending public or private colleges or universities in Georgia when such attendance is for the purpose of taking courses pursuant to a requirement by the State Board of Education that the teacher remain certificated in the teacher's respective subject area; The reimbursement provided" for herein shall be limited to ten quarter hours during each period of three calendar years and shall be subject to an agreement by the teacher that he or she will teach classes in the

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SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE June 15, 1981 Page 2
public schools of this state on a full-time basis during the school year following the year during which the teacher attended a college 'Or university 'pursuant to the program authorized by this Paragraph. The State Board of Education shall adopt rules and regulations, not inconsistent with this Paragraph, to implement the provisions of this Paragraph. This Paragraph shall become effective when funds are appropriated to the State Board of Education for this purpose." '
This amendment authorizes the State Board of Education to es~ablish a program whereby teachers, required to attend colleges or universities in order to remain certified, may be reimbursed for tuition costs incurred as a result of such attendance. Such reimbursement, shall be limited to ten quarter hours during each period of three calendar years and conditioned upon an agreement by the teacher to teach in the public schools for one school year following such attendance. The effectiveness of the amendment (and the program) is dependent on funds being appropriated for such purpose.
The staff recommends that this amendment, if incorporated, could be substantially revised and placed at Article X, Section II, Educational Assistance, of the Article X Committee proposal.
Article X, Section II, Paragraph I(a)(4) would need to be modified as follows:
(4) "To provide grants, scholarships, loans or other assistance to [state] public employees for educational purposes". (deletion bracketed, addition underlined)
Public school teachers, being public employees., would be covered by this change. Implementing legislation would need to be passed authorizing such a program to be established by the State Board of Education. The two conditions established for:reimbursement in'the amendment would be provided for by rule or regulation of State Board of Education or by the law authorizing such program to be established, The General Assembly would continue to have the authority to appropriate or not appropriate funds for this purpose since the lead in language provides, "public funds.~ be expended "
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