Transcripts of meetings, 1977-1981, v. 20. Legislative Overview Committee

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

IMITTEE MEMBERS:
RGE BUSBEE )VERNOR iAIRMAN
" MILLER oUTENANT GOVERNOR
MAS B. MURPHY 'EAKER. HOUSE OF REPRESENTATIVES
ERT H. JORDAN ilEF JUSTICE. SUPREME COURT
,LLEY QUILLIAN ilEF JUDGE. COURT OF APPEALS
-iAEL J. BOWERS "TORNEY GENERAL
tCUS B. CALHOUN ,NIOR JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATLANTA. GEORGIA 30334
404/656 715B

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

SCHEDULE OF MEETINGS ON CONSTITUTIONAL REVISION LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION
AND SELECT COMMITTTEE ON CONSTITUTIONAL REVISION

June 4, 1981 to August 20, 1981

DATE

AGENDA

Thursday, June 4, 1981

Presentation of proposed revision of Articles I through X of the Constitution by respective Article Committee Chairmen

Friday, June 5, 1981

Consideration of local constitutional amendments

Wednesday, June 17, 1981

Article I (Bill of Rights) and Article II (Elective Franchise)

Thursday, June 18, 1981

Article VIII (Education)

Tuesday, June 30, 1981

Article IX (Counties and Municipal Corporations)

Wednesday, July I, 1981

Article X (Retirement Systems and Educational Scholarships)

Tuesday, July 14, 1981

Article III (Legislative Branch)

Wednesday, July IS, 1981

Article IV (Constitutional Boards and Commissions) and Article V (Executive Branch)

Tuesday, July 28, 1981

Wrap-up meeting on articles considered to date

Thursday, August 6, 1981

Article VII (Taxation)

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

IMITTEE MEMBERS:
RGE BUSBEE )VERNOR iAIRMAN
MILLER WTENANT GOVERNOR
MAS B. MURPHY 'EAKER. HOUSE OF REPRESENTATIVES
ERT H. JORDAN i1EF JUSTICE. SUPREME COURT
:LLEY QUILLIAN liEF JUDGE. COURT OF APPEALS
~AEL J. BOWERS 'TORNEY GENERAL
'GUS B. CALHOUN :NIOR JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATLANTA. GEORGIA 30334
404/656-7158

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.

PAGE 1

2

STATE OF GEORGIA

3

4

SELECT COMMITTEE

5

ON

6

CONSTITUTIONAL REVISION

7

8

9

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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, July 14, 1981 10:00 a.m.
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I NDE X

PAGE 2

Discussion Regarding Schedule of

Meetings

3

Consideration of:

Article III, Section I .............................. 8 Article III, Section II .............................. 9 Article III, Section III .............................. 29 Article III, Section IV ............................. 48 Article III, Section V ............................. 67 Article III, Section VI ................................. 108 Article III, section VII ................................. 134 Article III, Section VIII ............................... 145 Article III, Section IX .................................. 146

Further Discussion Regarding Schedule

of Meetings

156

Adj ou,rnment

161

PAGE 3

PRO C E E DIN G S

2

GOVERNOR BUSBEE:

If everybody will take their

3 seats, we are going to commence with the meeting.

4

If I could have everyone's attention, before pass

5 out the first article that you will be considering today,

6 I thought we might look at our schedule for the balance of

7 the work that is to be done, and I would like to say that

8 at the present time we are scheduled to meet on July the 28th

9 and July the 29th for the final meeting of the commission.

10

There have been a lot of requests that have been

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made to change this date because of the conflict with the meeting in Atlanta of the National Conference of State Legislative Leaders.
Now, we have another problem in addition to that conflict, and that is that we are scheduled on the last series of meetings we have for those two days, the 28th and the 29th, we're scheduled to take up the judicial

18 article which there are many issues to be resolved, and we

19 also have Article VII which is the article on taxation.

20

Several of us have met, I have talked with the

21 Lieutenant Governor and the Speaker. We are trying to come

22 up with one day that we can resolve all the outstanding

23 issues except on Article VII on taxation and the judicial

24 article, and this is about the only way we are going to be

25 able to conclude this.

PAGE 4

Everybody has been doing calendar shuffling,

2 including myself, but I wish you would kind of take your

3 calendars and see if the proposal that we have worked out

4 with the Lieutenant Governor and with the Speaker will be

5 agreeable.

6

We would meet on July the 21st for a full day's

7 meeting that would take up all unresolved issues. We would

8 then try to complete today and tomorrow the entire articles

9 on the executive and on the legislative articles.

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We would then change our meeting which is scheduled for July the 28th and the 29th until August the 6th and the 7th, August the 7th being my birthday, so remember that.
If we can, I wanted to give you as much notice as we can because I would have to cancel, I'm sure a lot of you are going to have to make adjustments in your schedules, but it's just essential that we be able to proceed I think in this manner or we're not going to get through with it.

18

A VOICE: Go over those dates another time.

19

GOVERNOR BUSBEE: It would be the entire day of

20 July the 21st when we will take up all outstanding issues

21 other than Article VII on taxation and the judicial article.

22

We would then meet on August the 6th and the 7th

23 with a final meeting at which we'll take up those two

24 articles.

25

A VOICE: Meet at ten o'clock on the 21st, ten

PAGE 5

o'clock on the 6th, and nine o'clock on the 7th?

2

GOVERNOR BUSBEE: We will be meeting at ten o'clock

3 on July 21st, we'll be meeting at ten o'clock on August the

46th, and nine o'clock on August the 7th.

5

A VOICE: The PGA golf tournament is the 6th and 7th

6

GOVERNOR BUSBEE: I understand the PGA will be going

7 on, but you'll still have Saturday and Sunday to look at it,

8 and you'll get through I'm sure on Friday afternoon in order

9 to see the night golf part of it.

10
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A VOICE: Aren't we meeting again on the 12th? GOVERNOR BUSBEE: That's the final meeting and that will remain on August the 12th. Representative Burruss. REPRESENTATIVE BURRUSS: Mr. Chairman, the conversation around me -- the conversation around me, most of us have made our schedules based on what we had . Is there any possibility we could maybe meet

18 Thursday of this week instead of the 21st? What is the magic

19 about the 21st?

20

A VOICE: The 21st bugs me.

21

GOVERNOR BUSBEE: The problem on the -- there were

22 two days, the 22nd and the 21st were the only to days I

D could just cancel everything in my office.

24

The Speaker has got a conflict on the 22nd, and the

25 21st was the only day remaining. That was the problem.

PAGE 6

REPRESENTATIVE BURRUS: Could we do it on Thursday

2 of this week?

3

GOVERNOR BUSBEE: I'm afraid we're just going to

4 have a hard time at this late date adjusting all the calendars.

5

REPRESENTATIVE LEE: The 21st is a bad day.

6

GOVERNOR BUSBEE: Neither would -- Charlie is

7 saying it wouldn't give time for the Article III and IV

8 committees to be resolved either.

9

If I could have a motion that we make these changes--

10

SENATOR HOLLOWAY: I so move the three dates be

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adopted. GOVERNOR BUSBEE: The motion has been made that the
schedule be changed as I announced it.

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Is there a second? A VOICE: Second. GOVERNOR BUSBEE: The motion is made and seconded. Any discussion?

18

If not, all those in favor rise and stand until

19 you're counted.

20

(A show of hands.)

21

GOVERNOR BUSBEE: Opposed.

22

(A show of hands.)

23

SPEAKER MURPHY: Nine to eight. Nine for change and

24 eight against.

25

GOVERNOR BUSBEE: All right. It's adopted, then.

PAGE 7

It's nine to eight, and 23 in the Senate.

2

REPRESENTATIVE LEE: I told you I'd come to all the

3 meetings; now you've done messed me up.

4

GOVERNOR BUSBEE: We won't have any jokes next time.

5

All right. Now, then on the handouts -- Do you

6 have the handout, Me 1 ?

7

They're going to pass out to you the handout on

8 Article III which will be the legislative.

9

(Pause.) .

10

GOVERNOR BUSBEE: Does everyone have a copy of the

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The Lieutenant Governor does not have one, the

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(Pause.)

18

GOVERNOR BUSBEE: All right. We have Justice

19 Clarke over here who was the chairman of the Article III

20 committee, and Tim Sweeney will be here to answer any

21 questions that you have.

22

I'm going to call on Mel Hill now to present

n Article III.

24

MR. HILL: I'll point out that in your packet there

25 is a description of what's in it, and the information that

PAGE 8

you want to have handy is the draft itself, of course, but

2 then I think you will want to pullout and refer occasionally

3 to the progression table that begins on page 64, and this

4 shows what happened to each paragraph of Article III when it

5 went through the legislature in 1980.

6

As you know, five-sixths of the articles were

7 considered in 1980; they were never approved finally by the

8 House and Senate, but this shows what happened to each

9 paragraph from the original article committee proposal through

10 the legislative process, and occasionally we'll be pointing

out different drafts of this that arose at that time.

The committee to revise Article III consolidated

the twelve sections of this article of the present

constitution into the nine sections that we're going to

outline.

The changes from the present to the proposed are

indicated in these cases.

18

Section I, Paragraph I, is the same as the present

19 constitution.

20

REPRESENTATIVE LEE: Move its adoption.

21

A VOICE: Second.

22

SPEAKER MURPHY: That ain't what we did in the House

23

MR. HILL: This is Paragraph I, Section I.

24

GOVEP~OR BUSBEE: On Paragraph I is the article

25 committee's version which says that the Senate shall consist

PAGE 9

of not more than 56 senators.

2

MR. HILL: No, no. section I, Paragraph I, reads

3 Power Vested in the General Assembly.

4

GOVERNOR BUSBEE: Sorry. "The legislative power of

"5 the state shall be vested in a General Assembly which shall

6 consist of a Senate and a House of Representatives."

7

Is there objection?

8

A VOICE: Move it be adopted.

9

(Motion seconded.)

10

GOVERNOR BUSBEE: Any discussion? Any objection?

If not, it's unanimously adopted.

Section II.

MR. HILL: This section is a reorganization and a

restatement of Sections II and III of the present constitution

and does have a number of significant changes which we'll

outline as we go through.

Paragraph I, the article committee proposal sets

18 an upper limit on the size of the Senate and House. The

19 committee rejected a motion to reduce the size of the two

20 bodies, but approved this change from the present language

21 to give the General Assembly flexibility in determining its

22 own size, but below this ceiling.

23

As the Speaker pointed out, this was SUbject to

24 change in the House and Senate in the 1980 session, and the

25 changes are indLcated on page 64 of your packet.

PAGE 10

I could outline what happened. The Select Committee

2 said that this should be not less than 56 and not less than

3 180 representatives, and the House said that it should be

4 not more than 56 senators and not less than 180 representativeE.

5

The Senate Judiciary Committee went back to the

6 original article committee proposal which was to say not

7 more than 56 senators and not more than 180 representatives.

8

A VOICE: Move it be approved.

9

A VOICE: Seconded.

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GOVERNOR BUSBEE: What you have is the Senate had voted when they considered this was not more than 56 senators and the house as not less than 180.
This is going to be one issue we have to resolve in order to not keep postponing some of the issues.
I would like to kind of throw out a middle ground. We're now in a reapportionment year, you're going to be faced with this from here out every ten years. What would

18 be the feeling of just going on and setting the size of the

19 bodies at 56 senators and 180 representatives. That way

20 when you come up ten years from now to reapportion you won't

21 have any pressures to increase the sizes of these bodies.

22

At the same time, the House is not going to agree

23 in my estimate to put a provision of not more than a hundred

24

and --

Well, they could have less than.

25

Representative Collins.

PAGE 11

REPRE~ENTATIVE COLLINS: Mr. Chairman, if you do

2 this, in the event the population changed where you could

3 increase two or decrease two you couldn't do it without a

4 constitutional amendment.

5

In other words, I think the reason we're down to

6 180 now is because it fit more people better probably than

7 it would have if we had stayed at 205.

8

If you remember, we started at 205 and went down to

9 190 or 195, and then from 190 or 195 to 180, but I would be

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opposed to writing it in on a certain figure. I would not be opposed to writing it in as not less
than where we would at least have an option to go under. SPEAKER ~mRPHY: I agree frankly that i t ought to
be not less than 180. A VOICE: Can't hear you. SPEAKER MURPHY: I agree as far as the House side
We'll fix the Senate however they want it, but as I recall it

18 the amendment changes it back in the house to not less than

19 180 members, it was signed by me and several other people,

20 and I still feel the same way I did; it ought to be not less

21 than 180 House members. Whatever the Senate wants to do with

22 theirs, that's their business.

23

GOVERNOR BUSBEE: All right. Any motions?

24

SENATOR GILLIS: Mr. Chairman, I move the Senate

25 be the same way, not less than.

PAGE 12

GOVERNOR BUSBEE: Representative Collins?

2

REPRESENTATIVE COLLINS: Mr. Chairman, I move that

3 we change the House to not le ss than -- on line 15 where it

4 says not more than, to change that "more" to not less than.

5

A VOICE: That's the way it is.

6

REPRESENTATIVE COLLINS: That's not on this thing.

7

REPRESENTATIVE LEE: Under the committee's it

8 isn't.

9

SPEAKER MURPHY: That's the way it is in the

10 constitution now.

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GOVERNOR BUSBEE: Are you going to make the House

and the Senate consistent, or are you just --

REPRESENTATIVE COLLINS: I'll second their motion

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whichever way they want to go . SENATOR GILLIS: I move the Senate be not less than
56 members . REPRESENTATIVE COLLINS: I second the senator's

18

motion.

19

GOVERNOR BUSBEE: All right. So you're withdrawing

20 yours. The senator moves that both be changed to read not

21

less than in both paragraphs.

22

(Motion seconded.)

23

GOVERNOR BUSBEE: Now for discussion. All right.

24

Any discussion?

25

If not, all in favor rise and stand until you're

PAGE 13

counted.

2

(A show of hands.)

3

GOVERNOR BUSBEE: All right. Reverse your position.

4

(A show of hands.)

5

GOVERNOR BUSBEE: All right. On the motion to

6 amend so it would be not less than, the House is 21 to zero,

7 the Senate is 15 to 6, and it's adopted.

8

Paragraph II.

9

MR. HILL: Paragraph II authorizes the General

10
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Assembly to provide for apportionment of Senate and House districts.
This change was made to allow the General Assembly to delegate its apportionment responsibility to an independent outside agency if it ever deemed it desirable to do so.
Of course, this wouldn't come back for another ten years, but this would allow you in ten years to delegate this to an outside agency if you decided to do that.

18

The language of course was also added to specify

19 that the Senate and House districts would be composed of

20 contiguous territory.

21

GOVERNOR BUSBEE: All right. Is there a motion?

22

REPRESENTATIVE LEE: Move its adoption.

23

GOVERNOR BUSBEE: The motion is made that Paragraph

24 II be a.dopted. Second?

25

A VOICE: Second.

PAGE 14

GOVERNOR BUSBEE: Seconded. Any discussion?

2

If not, is there objection to the adoption of

3 Paragraph II?

4

Hearing none, it is unanimously adopted.

5

Paragraph III.

6

MR. HILL: Qualifications of Senators and

7 Representatives were made uniform in the proposed article

8 committee draft. That would be that they would have to be

9 citizens of the United States, at least 21 years of age,

10
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and citizens of of the state for at least two years as well as legal residents of their district for at least one year.
This provision too was subject to change in the legislature in 1980, and there is a change in the Select Committee to have these qualifications not be uniform but to go back to what the present situation is where the members of the senate have to be at least 25 years of age and citizens of the state for at least four years.

18

The House of Representatives went back to the

19 original article committee proposal, as did the Senate

20 Judiciary Committee.

21

REPRESENTATIVE LEE: Move its adoption.

22

GOVERNOR BUSBEE: It's moved that Paragraph III be

23 adopted. Is there a second?

24

A VOICE: Seconded.

25

SENATOR HOLLOWAY: Wait a minute. Are we adopting

PAGE 15

it? 2 3

GOVERNOR BUSBEE: It would be 21 for both. What about putting a limit on it somewhere for

4 senility?

5

A VOICE: That would be a good idea.

6

SENATOR HOLLOWAY: It would get rid of me.

7

GOVERNOR BUSBEE: I was not really referring to

8 Senator Holloway when I said that.

9

REPRESENTATIVE LEE: I came here the same year you

10 did, Boss.

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GOVERNOR BUSBEE: The motion is seconded. Discussion?
Is there objection to the adoption of Paragraph III? Hearing none, it is unanimously adopted.

18

Paragraph IV.

19

MR. HILL: Disqualifications from office were moved

20 from Section V, Paragraph VII, of the present constitution

21 and clarified.

22

There is one important deletion in this proposed

23 draft which is -- one important deletion from this paragraph

24 is the following:

25

During the term for which he was elected, no

PAGE 16

Senator or Representative shall be appointed to any civil 2 office which has been created during such term.

3

This provision was also subject to modification in

4 the legislature in 1980, and that limitation was added back

5 in.

6

GOVERNOR BUSBEE: Just a minute. The provision

7 there about serving in an office during your term, created

8 during the term, is that in or out? I didn't see it.

9

SPEAKER MURPHY: It's in.

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MR. HILL: It was out of the article committee proposal, but it was added back in by the Senate Judiciary Committee.
No, I'm sorry. It was added back in in 1980 by the Select Committee.
GOVERNOR BUSBEE: I understand, but you have the article committee proposal which left that provision out . I thought we were voting on the article committee which is

18 on our desk.

19

MR. HILL: That's right. I'm just pointing out a

20 significant omission from the present language which was

21 added back in by the Select Committee in 1980.

22

SPEAKER MURPHY: What is Paragraph (c) on page 2

23 then?

24

GOVERNOR BUSBEE: I thought it was in Paragraph (c)

~ the Speaker pointed out, so it is in.

PAGE 17

1

MR. HARRIS: The basic change from the present

2 consitution is that presently no member of the House or Senate

3 can be appointed to an office that is created while he's

4 serving.

5

The Select Committee I mean the article committee

6 change proposes that he cannot be appointed unless he first

7 shall have resigned the seat to which he is elected.

8

SPEAKER MURPHY: Mr. Chairman, I move that we

9 replace Paragraph (c) on page 2 with Paragraph (c) of the

10 Select Committee on page 65.

GOVERNOR BUSBEE: Turn to page 65.

SPEAKER MURPHY: It says he can't serve in it if

it's created during the time he's appointed.

GOVERNOR BUSBEE: It would have the effect of

removing that last phrase there about unless the Senator or

Representative -- In fact, it's kind of reworded, because

it says provided however in the existing constitution, but

18 it says the same thing.

19

All right. The motion is to go with the Select

20 Committee version he just read to you.

21

SENATOR BALLARD: Let's just read it again.

22

SPEAKER MURPHY: It's on page 65, Senator Ballard,

23 the bottom Paragraph (c) on page 65 is what I'm moving we put

M back in.

25

GOVERNOR BUSBEE: It reads as follows -- it's the

PAGE 18

second (c) from the bottom where it says:

2

No Senator or Representative shall be elected by

3 the General Assembly or appointed by the Governor to any

4 office or appointment having any emolument annexed thereto

5 during the time for which such person shall have been elected .

6

Wait a minute, that's not it either.

7

A VOICE: Yes, it is.

8

SPEAKER MURPHY: Provided, however, that during the

9 term for which elected, no Senator or Representative shall be

10 appointed to any civil office which has been created during

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such term. It's the bottom one. REPRESENTATIVE LEE: That's in (b), the same thing. SENATOR BARNES: If the office is created he can
seek the election and be elected; he just can't be appointed for that
GOVERNOR BUSBEE: Okay. That's the motion then is

18 that (c) on the bottom of page 65 be substituted.

19

Is there a second?

20

A VOICE: I second it, Mr. Chairman.

21

REPRESENTATIVE BURRUSS: Mr. Chairman.

22

GOVERNOR BUSBEE: Representative Burruss.

23

REPRESENTATIVE BURRUSS: Is it the intention of the

24 motion to remove the must resign before you take the

25 appointment?

PAGE 19

SPEAKER MURPrN: No, sir. It's the intention that

2 if it's created during the term to which you're elected you

3 cannot be appointed. You could resign and run for the office,

4 but you could not be appointed.

5

SENATOR BARNES: That's the way it is now.

6

MR. HARRIS: Under the proposal, if a vacancy

7 occurred in an office that was a pre-existing office such as

8 a judgeship, a member of the General Assembly could resign

9 and be appointed to that judgeship.

10
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However, if an additional judgeship were created in a circuit during the term of office of a member of the General Assembly, he could not resign and be appointed to that judgeship.
GOVERNOR BUSBEE: But he could run for it. MR. HARRIS: Oh, sure, he could run for it. It would not preclude appointment to pre-existing offices where vacancies occurred; it would preclude appointment to

18 offices created while that person was a member of the General

19 Assembly.

20

SENATOR BALLARD: Mr. Chairman.

21

GOVERNOR BUSBEE: Senator Ballard.

22

SENATOR BALLARD: Would he hit that again that

23 anything that was created while we were members of the General

24 Assembly that any Representative or Senator could not be

25 appointed to that?

PAGE 20

MR. HARRIS: During that term, during the current

2 term.

3

SENATOR BALLARD: Okay.

4

GOVERNOR BUSBEE: All right. Any further discussion?

5

If not, is there objection to the adoption of the

6 substitute?

7

Hearing none, it is unanimously adopted.

8

REPRESENTATIVE LEE: You're going to have to take

9 out (b) then because there's a duplication.

10

GOVERNOR BUSBEE: There's no conflict between them.

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MR. HARRIS: It means you can't be elected to it if you're already holding office. You can't take a seat if you're already holding another seat; you have to resign from

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the other office. REPRESENTATIVE LEE: I didn't read far enough. GOVERNOR BUSBEE: All right. Next will be Para-
graph V.

18

MR. HILL: Paragraph V is a revision of Paragraph I

19 of Section V of the present constitution. It gives the

20 General Assembly more flexibility in fixing the time of

21 convening of the next General Assembly. You will see when we

22 get below that there is an additional authorization to the

23 General Assembly to provide for a different date of convening

24 than the second Monday in January of each year if you should

25 so decide.

PAGE 21

Now, in addition the staff would recorrmend the

2 addition of language in Paragraph V which would be necessary

3 to preserve the term of the people holding office on June 30,

4 1983, and to provide for the first election under this new

5 proposed constitution. That is merely a technical change.

6

GOVERNOR BUSBEE: All right. Is there a motion to

7 adopt Paragraph V with the technical change that the staff has

8 made?

9

Senator Kidd.

10
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SENATOR KIDD: I would like to offer an amendment on line 19, the two years, change two to four.
A VOICE: He's out of order. REPRESENTATIVE LEE: Mr. Chairman, we have been through that with people in this state and we don't want it. GOVERNOR BUSBEE: We've got too much time invested in this thing to go the route we went before that killed all the amendments including Article X.

18

SENATOR KIDD: That was because the newspapers made

19 them prejudiced. I think they understand it better now.

20 I'm talking about the people.

21

GOVERNOR BUSBEE: Okay. Your motion dies for lack

22 of a second.

23

I don't have a motion on the floor. Does anybody

24 move the adoption of Paragraph V?

25

A VOICE: So moved.

PAGE 22

A VOICE: Seconded.

2

GOVERNOR BUSBEE: All right. The motion is made and

3 seconded.

4

Representative Burruss.

5

REPRESENTATIVE BURRUSS: Mr. Chairman, would you ask

6 Mel to explain the staff changes or additions again, please?

7

MR. HILL: Yes, I'd be happy to.

8

We need to add in this paragraph a Subparagraph (b)

9 to state that the members of the General Assembly in office

10
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in June 30th, 1983, shall serve out the remainder of the terms to which elected, and then we need to add another subparagraph to say that the first election for members of the General Assembly under this constitution shall take place on Tuesday after the first Monday in November of 1984, and subsequent elections biennually on that date until the date of election is changed by law .
GOVERNOR BUSBEE: Representative Collins.

18

REPRESENTATIVE COLLINS: What we're really doing,

19 then, you're fixing to take it out of the constitution the

20 time that the General Assembly convenes, so it's going to be

21

something that nodody is going to know until the other one

22

is going out of office.

23

Why do we need to change this?

24

MR. HARRIS: Mr. Chairman, that's really addressed

25 over in Section IV on the next page.

PAGE 23

REPRESENTATIVE COLLINS: Don't you think we ought to

2 talk about it at this time before we give ourselves the

3 authority if we don't want to do it?

4

MR. HARRIS: Oh, yes, but I mean it's specified in

5 here that the General Assembly shall meet in regular session

6 on the second Monday in January of each year, or otherwise as

7 provided by law, which gives the General Assembly the power

8 within itself to change that convening date if it should be

9 determined in the year 2010 that the second Monday in January

10 might not be the best time to meet.

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GOVERNOR BUSBEE: Let me ask a question. I think Representative Collins has a point.
If the legislature that's in session that has alread'

l 14 been elected decided they would like to serve say to June the lV> <l :I:
15 ~ 1st of the following year, then under this provision they
'"~"
16 ~... would automatically serve June the 1st and the legislature o Z
17 :<:il would meet on June the 1st, and they would serve for two and

18 a half years, and then they would start meeting on June the

19 1st instead of as provided in the constituion.

20

Is that right? That's what you're talking about,

21 isn't it, Marcus?

22

REPRESENTATIVE COLLINS: That's exactly right.

23

REPRESENTATIVE LEE: He can't do it under this.

24

REPRESENTATIVE COLLINS: Can you point out one case

25 where we've needed to have changes in the time it is in the

PAGE 24

constitution?

2

MR. HILL: If I remember the article committee

3 discussion, the legislative members on that committee wanted

4 a provision of this kind to allow you to hold your first

5 meeting in December to begin organizational work prior to

6 January, and if I remember --

Harold, do you have anything

7 to add to this?

8

JUDGE CLARKE: Mr. Chairman, I don't have anything

9 to add to that. Really this was a suggestion which did come

10
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from a number of the members of the committee who were members of the House and the Senate.
As I recall the discussion almost two years ago, it centered around the fact that some people felt that it might be good to meet for a day or two in December, then adjourn, come back after the first of the year and then serve out the rest of the term .
I don't think there was any real firm feeling that

18 this was earthshaking one way or the other.

19

GOVERNOR BUSBEE: Representative Collins.

20

REPRESENTATIVE COLLINS: Mr. Chairman, is there

21 anything to keep the presiding officers from both houses

22 now from having their bodies appointing committees for them

23 to meet in December if they want them to?

24

The onliest ones that will be precluded from getting

25 paid will be the newly elected ones that hadn't been sworn in.

PAGE 25

GOVERNOR BUSBEE: I don't know of anything that

2 would preclude them.

3

REPRESENTATIVE COLLINS: I would like to move then --

4 let me see where we're at -- that we go back to the way it was 5 in the constitution before, just to set this date to where

6

SPEAKER MURPHY: Mr. Collins, would it be

7 satisfactory to you just when we get to Paragraph I, the

8 General Assembly shall meet in regular session on the second

9 Monday in January of each year, and strike "or as otherwise

10 provided by law"? Wouldn't that do what you want and get it

zCl
11 j:: done and leave it in pretty good shape?
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12 ~

REPRESENTATIVE COLLINS: If you do that, are you

@ r l going to need it in Section V to where serve until time

14 ~ lV> :<zl::
15 ~

fixed by law? Section V.

You're giving yourself this authority in

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GOVERNOR BUSBEE: I don't think you heard the

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17 : Speaker. He added a comma, unless otherwise provided by

18 law is what he said.

19

SPEAKER MURPHY: That's right. You meet on the

20 second Monday in January, it would be in the constitution,

21 then you've got it fixed.

22

REPRESENTATIVE COLLINS: That suits me.

23

SPEAKER MURPHY: All right, sir.

24

REPRESENTATIVE LEE: You do need to take this

25 language out of this section if you're going to --

PAGE 26

GOVERNOR BUSBEE: The question of course, what

2 you're deciding is do you want to continue meeting on the

3 date that's set in the constitution now in January, or do you

4 want to be able to change that by law, and I think it's a

5 clear vote. If you want to --

6

SPEAKER MURPHY: Mr. Chairman, can I make a motion?

7

GOVERNOR BUSBEE: Mr. Speaker.

8

SPEAKER MURPHY: I move that Paragraph V be as

9 follows:

10
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Election and Term of Members. The members of the General Assembly shall be elected by the qualified electors of their respective districts for a term of two years, period.
GOVERNOR BUSBEE: That would be all that would be necessary, then you would address the other when you get over to it.
Do you follow that, Mel? Do you have any comments? MR. HARRIS: Mr. Chairman, I would like to suggest

18 if the Speaker would be amenable that instead of deleting the

19 entire last phrase that we retain "and shall serve until the

20 time fixed" and eliminate the words "by law" for the

21 convening of the next General Assembly, which would be the

22 constitutional provision.

23

I feel more comfortable just striking the two words

24 "by law." Do you accept --

25

SPEAKER MURPHY: I don't have any problem with that.

PAGE 27

A VOICE: Question.

2

GOVERNOR BUSBEE: We need to have a second to the

3 motion.

4

SENATOR HOLLOWAY: Seconded.

5

GOVERNOR BUSBEE: Seconded by Senator Holloway.

6

Representative Burruss.

7

REPRESENTATIVE BURRUSS: Mr. Chairman, is it not tru

8 that we need to add the provisions on page 84 dealing with the

9 serving out the remainder of the terms and the first election?

10
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Don't those need to be added to the Speaker's motion? MR. HARRIS: It would be preferable to have those
added. You would need (b) and (c), you would need those changes, that's correct.
GOVERNOR BUSBEE: That is where is says members of the General Assembly in office on June 30th, 1983, shall serve out the remainder of the terms for which elected is that Representative Burruss is referring to I believe, a technical

18 change only.

19

SPEAKER MURPHY: They need to be left in.

20

GOVERNOR BUSBEE: with that amendment, with the

21 substituted amendment, is there a second? He accepts that

22 amendment.

23

Now comes the question. Is there any further

24 discussion?

25

Rudolph.

PAGE 28

REPRESENTATIVE JOHNSON: I'm sure it's in here

2 somewhere, Mr. Chairman. Where does it provide for extra-

3 ordinary sessions of the General Assembly? Is that in another

4 section?

5

GOVERNOR BUSBEE: It has nothing to do with this.

6 It's in another section.

7

All right. Is there objection to the adoption of

8 the substitute?

9

Hearing none, it is unanimously adopted.

10
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SENATOR HOLLOWAY: Mr. Chairman. GOVERNOR BUSBEE: Senator Holloway. SENATOR HOLLOWAY: Before we leave that Section II, I would like to serve notice that at the proper time I would like to reconsider our action on Paragraph III. GOVERNOR BUSBEE: That is age? SENATOR HOLLOWAY: Yes, sir. GOVERNOR BUSBEE: You have served notice.

18

All right. Senator Kidd.

19

SENATOR KIDD: Mr. Chairman, I feel the wishes of

20 this body have been circumvented by the Chair. I would like

21 to serve notice at the proper time we will bring up Paragraph

22 V concerning the two and four.

23

GOVERNOR BUSBEE: You don't have to serve notice,

24 but we'll note it for the record. It will be perpetuated and

25 recorded.

PAGE 29

SPEAKER MURPHY: Just take a vote on his motion and

2 get it over with.

3

GOVERNOR BUSBEE: He's not seeking that at this time.

4

All right. Section III, Paragraph I.

5

MR. HILL: Paragraph I was revised to provide for thE

6 election of the Senate of its own presiding officer.

7

This was the recommendation not only of the committeE

8 to revise Article III of which Judge Clarke was the chairman, 9 but also of the Article IV and V committees of which Judge

10 smith was the chairman.

SENATOR BARNES: Mr. Chairman.

GOVERNOR BUSBEE: All right.

SENATOR BARNES: In the Senate we have talked about

this provision on who should preside over the Senate at great

length.

Really this proposal goes further than --

concering the Lieutenant Governor goes further than just one 18 place, it goes not only to the executive branch, but to the 19 judicial branch.

20

I would move that this language be struck and that--

21 not only here, but in the executive article when we come to 22 it concerning the powers and authorities and duties of the 23 Lieutenant Governor, that the duties, that the Lieutenant 24 Governor would be the presiding officer of the Senate, and 25 that he would in the executive article also be shown to be

PAGE 30

chairman of the Board of Industry and Trade and such other

2 duties as provided by law, so my specific amendment to this

3 article is that instead of the presiding officer of the Senate

4 shall be styed the president of the Senate and shall be

5 elected from the Senate among its members, that the presiding

6 officer of the Senate shall be styled the president of the

7 Senate and shall be the Lieutenant Governor.

8

GOVERNOR BUSBEE: So your motion is that Paragraph

9 I be deleted in the legislative article and be considered in

10
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the executive article? Would that be the motion? SENATOR BARNES: It's going to have to be
Whether it be the Lieutenant Governor or the president is goin to have to be in the legislative article.
MR. HILL: Mr. Chairman, if you'll turn to page 67 you'll see that the Select Committee went back to having the Lieutenant Governor be the presiding officer of the Senate, and I think if you look on page 67 at the Select Committee

18 version of this paragraph you will find what you want to do

19 if you want to go back to having the Lieutenant Governor

20 preside in the Senate, and his specific duties are handled

21 over in Article V.

22

SENATOR BARNES: The executive, yes.

23

GOVERNOR BUSBEE: Where are the duties provided for?

24

MR. HILL: It's in Article V. The duties are in

25 Article V, but this would leave the Lieutenant Governor as the

PAGE 31

presiding officer of the Senate.

2

SENATOR BARNES: In other words, all we have to say

3 here is as shown on page 67 under the Select Committee which

4 is right in the middle of the page, the presiding officer of

5 the Senate shall be styled the president of the Senate,

6 period, and then the executive article we will say the

7 Lieutenant Governor shall have the duty to preside over the 8 Senate and be the president of the Senate, so you combine 9 them.

10
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And also in the executive article we wish to add or suggest some other duties for the Lieutenant Governor.
GOVERNOR BUSBEE: I would like to kind of comment on that since it's in the executive article that you're referring to.
I think it would be fine to provide by law for additional duties. If you want to provide that he's the presiding officer of the Senate, that's fine. We have several

18 states where your Lieutenant Governor is made the head of the

19 Department of Industry and Trade.

20

There has been a

you've had a very bad experience

21 where the Lieutenant Governor and the Governor do not run as a

22 team, the Governor spends about fifty percent of his time in 23 the office today of the Industry and Trade matters, and I

24 think you would have an absolute disaster as experienced in

25 the other states if you did.

PAGE 32

If you wanted to provide by law for something, then

2 you could provide by law, but I would sure hate to see that

3 written into the constitution as being a constitutional duty

4 of the Lieutenant Governor when you get to that.

5

SENATOR BARNES: Of course we'll take that up when

6 we get to it, but the article committee that dealt with this

7 sought long and hard to give specific duties to the Lieutenant

8 Governor, and I think we ought to do that. That's my personal

9 opinion.

10

GOVERNOR BUSBEE: All right. So your motion is what?

SENATOR BARNES: The motion is now to provide that

in Paragraph I that it would read as shown on page 67, the

Select Committee version, which says in Subparagraph I(a)

the presiding officer of the Senate shall be styled the

president of the Senate, and then in Paragraph (b) a

president pro tempore shall be elected by the Senate from

among its members. The president pro tempore shall act as

18 president in case of the temporary disability of the president

19 in case of the death, resignation or permanent disability of

20 the president, or in the event of the president to executive

21 powers, the president pro tempore shall become president and

22 shall receive the same compensation and allowances as the

23 Speaker of the House of Representatives. The General Assembly

24 shall provide by law for the method of determining disability

25 as provided in this paragraph.

PAGE 33

GOVERNOR BUSBEE: Your motion is to take the Select

2 Committee version of Paragraph I which would include Sub-

3 paragraphs (a) and (b) which you've just read.

4

SENATOR BARNES: That's correct.

5

SPEAKER MURPHY: Seconded.

6

GOVERNOR BUSBEE: There is a second to the motion.

7 Senator Holloway.

8

SENATOR HOLLOWAY: Mr. Chairman, we passed a law

9 this year that corrected an inequity between the Speaker and

10

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the Lieutenant Governor's salary. The Speaker's salary cannot raise during his term of office, which puts him several years behind.
Now, this language says the president pro tern shall become president and shall receive the same compensation and allowances as the Speaker. How does that dovetail, Tom?
SPEAKER MURPHY: It does fine, because the Speaker would be receiving the same salary as the Lieutenant Governor

18 and the president pro tern would just receive that same salary.

19

SENATOR BARNES: Mr. Chairman.

20

GOVERNOR BUSBEE: Senator Barnes.

21

~ENATOR BARNES: Let me amend my motion just slightl

22 to make something absolutely clear in the article.

23

SUbparagraph (a) as I propose it will read: The

24 presiding officer of the Senate shall be styled the president

25 of the Senate, and shall be the Lieutenant Governor, period.

PAGE 34

And then Paragraph (b) would remain the same.

2 That's my motion, and shall be the Lieutenant Governor.

3

SPEAKER MURPHY: I second that motion.

4

GOVERNOR BUSBEE: The motion is made and seconded.

5 Now for discussion.

6

Is there any discussion to the adoption of the

7 Select Committee (a) and (b) with the amendment read "and

8 shall be the Lieutenant Governor"?

9

Representative Connell.

10
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REPRESENTATIVE CONNELL: If he became the president pro tern, in case of death of the president of the Senate, in that language would that make the president pro tern the lieutenant governor?
SENATOR BARNES: It would make him president of the Senate; it would not make him Lieutenant Governor. It would make him president of the Senate .
(Pause. )

18

MR. HILL: Once we get to the executive article --

19 too bad we don't have that in front of us, but the executive

20 article provides that the Lieutenant Governor shall be the

21 presiding officer of the Senate, or will provide under that

22 proposal, so there will be no question that the Lieutenant

23 Governor is to be the presiding officer.

24

GOVERNOR BUSBEE: Representative Collins.

25

REPRESENTATIVE COLLINS: If I'm looking at this

PAGE 35

thing right, if this thing passes and the Lieutenant

2 Governor were to resign the first day after he was sworn in,

3 then you would have taken it away from the people to be able

4 to select one in the next general election. Is that right,

5 or shouldn't this thing be until the next general election?

6

GOVERNOR BUSBEE: You might have a point there.

7 The law now is that he would run at the next general

8 election. I believe that's what I was asking Charlie.

9

What's the law in case of the death or resignation

10 of the Lieutenant Governor?

REPRESENTATIVE PINKSON: Mr. Chairman.

GOVERNOR BUSBEE: Let me ask you -- I think

Representative Collins' point is well taken. I think we

were about to adopt that.

Is there any objection to just leaving this like it

is? We have already agreed.

SENATOR BARNES: Just say the presiding officer

18 shall be styled the president of the Senate, period, and

19 then we will address the Lieutenant Governor in the executive

W article. Is that agreeable?

21

SPEAKER MURPHY: We're trying to do what you

22 senators want to do is all I'm trying to do.

23

GOVERNOR BUSBEE: We go back -- the motion is by

24 Senator Barnes that we adopt the language as written by the

2S Select Committee which you see on page 67, it's been seconded

PAGE 36

by the Speaker.

2

Now for discussion. Is there any discussion?

3

If not, is there objection to the adoption?

4 Hearing none, it's unanimously adopted.

5

Next paragraph.

6

MR. HILL: Provisions relating to the Speaker and

7 Speaker Pro Tempore were changed to state that the Speaker

8 Pro Tempore would become the Speaker in the case of the

9 death, resignation or permanent disability of the Speaker.

10

REPRESENTATIVE LEE: Move its adoption.

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11 i=

GOVERNOR BUSBEE: Paragraph II has been moved for

@j).~~ I.<.o..r..: adoption. Is there a second? REPRESENTATIVE LEE:

I move --

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GOVERNOR BUSBEE: You've got to have a second A VOICE: I'll second it. MR. HILL: The staff would suggest that there be a sentence added, the House added this sentence in 1980 to the

18 end to say that the General Assembly shall provide by law

19 for the method of determining disability as provided in this

20 paragraph.

21

In Subparagraph (b) it does say that the Speaker

22 shall become -- the Speaker Pro Tempore shall become Speaker

23 in case of death, resignation or permanent disability of the

24 Speaker, and we propose to add a sentence that we had up in

25 the other proposal that the General Assembly shall provide

PAGE 37

by law for the method of determining disability as provided

2 in this paragraph.

3

We though that was a necessary addition.

4

GOVERNOR BUSBEE: Representative Buck.

5

REPRESENTATIVE BUCK: Is the motion before this

6 group that Paragraph (a) and (b) be adopted, (a) and (b)?

7

GOVERNOR BUSBEE: Yes.

8

REPRESENTATIVE BUCK: I object to the adoption of

9 Paragraph (b) as written, and would make a substitute motion

10 relative to Paragraph (b) that the Speaker Pro Tempore

where it says shall become Speaker, I move that it be changed

to shall act as speaker.

GOVERNOR BUSBEE: You're talking about on (a)?

REPRESENTATIVE BUCK: I'm talking about on

Subparagraph (b).

GOVERNOR BUSBEE: About the Senate?

REPRESENTATIVE BUCK: No, sir. We're talking about

18 the Speaker and the Speaker Pro Tempore, line 5 on page 3.

19

SPEAKER MURPHY: Mr. Governor, let me expound on

W that.

21

GOVERNOR BUSBEE: All right, Mr. Speaker.

22

SPEAKER MURPHY: I guess I'm the only one that reall~

23

has had any experience with that particular section of the

24 constitution.

25

When the former Speaker, Speaker Smith died, there

PAGE 38

was no provision in the Constitution with reference to who

2 was to perform the duties of Speaker.

3

I refused to accept that responsibility until the

4 Democratic Caucus met and designated me to be the spokesman

5 for the Democratic Caucus and act as Speaker.

6

If you will recall, I would not move in the

7 Speaker's office until after the caucus was held after

8 Speaker Smith died.

9

There needs to be something in the constitution to

10 give somebody some authority in the event that I depart this

life a little earlier than I would like to maybe where

somebody could take over the Speaker's office.

I am not saying that he ought to become Speaker,

I'm saying that's something that addresses itself to you

gentlemen here on my left, but I think there ought to be

some provision ih the constitution where somebody could take

over the duties and do the job, because we did have a period

18 there that we were sort of like a headless snake at that time.

19

GOVERNOR BUSBEE: Let me address one thing if I

20 might here.

21

I think we have two problems that you need to

22 consider about the Lieutenant Governor and the death or 23 disability, and also about the Speaker's death or disability.

24

In 1976 we had no method of determining disability

25 of a Governor or of anyone else in government. You could

PAGE 39

really get into an awful situation. If you will recall,

2 you passed Amendment Number 3 back in 1976 that now provides

3 for a method of determining the disability of the Governor

4 and for other people in government.

5

That does not I don't beleive, Charlie, address the

6 members of the General Assembly, but only the executive

7 branch. That being true, I think you need to have some

8 provision in the constitution that will allow you by law

9 maybe or in some manner to determine when a disability

10 exists and whether the person steps in, and as the Speaker

was saying you need to decide what that person is going to

do, because the situation we had with George Smith, that

was a terrible situation to exist, and I think if you don't

address this at this time I'm afraid you're going to have

the right to do it by law.

We can slow down here for a minute. If you want,

we can take a break for five minutes. Any objection to

18 taking a break for about five minutes?

19

Be thinking about that. We need to resolve this.

20

(A brief recess.)

21

GOVERNOR BUSBEE: All right. We will come to order.

22

As we recessed, we were on page 3 at the top of the

23 page about the Speaker Pro Tempore, and Representative Buck

24 made a motion.

25

All right. Representative Buck.

PAGE 40

REPRESENTATIVE BUCK: Mr. Chairman, I move that we

2 defer consideration of Subparagraph (b) under Paragraph II

3 until tomorrow with the idea that the Legislative Counsel

4 and the Governor's legal counsel and staff can get together

5 on some language.

6

GOVERNOR BUSBEE: Let me explain. The problem that

7 comes up if you were to adopt -- there was objection to

8 making the Speaker Pro Tempore shall become the Speaker,

9 that was the objection, but you do have the problem there

10
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where he acts. The Attorney General ruled last time with George L. Smith that Speaker Murphy could not serve on any of the boards that are provided in law, so we need to make some provision for what happens in this interval, and that's the purpose of the amendment.
Senator Holloway. SENATOR HOLLOWAY: I would like to include the whole section in that postponement because there.' s some

18 question in my mind if the President Pro Tempore becomes

19 President of the Senate, which of the Lieutenant Governor's

20 duties and so forth does he

21

GOVERNOR BUSBEE: I think it would be well unless

22 there's objection on this -- we're really looking at

23 technicality more than anything else, not substance, and we

24 will defer until tomorrow, and I hope we can resolve this

25 because we're going to have all we can do on the 21st.

PAGE 41

Is there any objection to Paragraphs I and II, or

2 the entire Section III being deferred until tomorrow morning?

3

Representative Buck, if you will, all of you get

4 together and, Charlie, I wish you would meet with Mel and 5 the staff and Charlie and Frank, and you all try to resolve

6 this by tomorrow morning.

7

If there is no objection, that will be the procedure

8

Section IV.

9

MR. HILL: Section IV --

10
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REPRESENTATIVE PHILLIPS: Mr. Chairman GOVERNOR BUSBEE: All right. Before you start on Section IV -REPRESENTATIVE PHILLIPS: I would like to ask for reconsideration of Section II, Paragraph II in the reapportionment authority, and the reason I do this, I think if you take the authority away from the General Assembly to do reapportionment you're going to be hearing from every

18 pressure group in the state.

19

GOVERNOR BUSBEE: You can't take it away. I think

20 what they -- Justice Clarke is here now -- but I think what

21 the problem was is that the General Assembly still does the

22 reapportionment, but if you got deadlocked to the point the

23 only recourse you now have is for the court do do it, and

24 this would provide some method of arbitration where you by 25 law could set up someone else to do it if you could not

resolve it.

PAGE 42

2

This does not take it away from the legislature

3 unless you elect to on a deadlocked provision.

4

REPRESENTATIVE PHILLIPS: The language that's been

5 placed in the Select Committee's recommendation would the

6 General Assembly could designate by law another group to do

7 reapportionment.

8

GOVERNOR BUSBEE: . That's right.

9

REPRESENTATIVE PHILLIPS: That's the part I object

10 to. I think it ought to be in the constitution and left

exactly like it is now.

GOVERNOR BUSBEE: What happens if the legislature

does not resolve this? Like this year, if you couldn't

agree, what would happen?

REPRESENTATIVE PHILLIPS: It goes to the court,

which might be just as well as turning it over to some other

group.

18

GOVERNOR BUSBEE: It's up to you.

19

REPRESENTATIVE PHILLIPS: I move for reconsideration

W of the paragfaph.

21

GOVERNOR BUSBEE: The motion is made to reconsider

22 our action in adoption of Paragraph II of Section II on the

23 question of reapportionment of the General Assembly.

24

Is there a second to the motion to reconsider?

25

REPRESENTATIVE BURRUSS: Seconded.

PAGE 43

GOVERNOR BUSBEE: The motion is made and seconded.

2 All in favor of reconsidering, rise and stand until you're

3 counted.

4

(A show of hands.)

5

GOVERNOR BUSBEE: All right. Reverse your position.

6

(A show of hands.)

7

GOVERNOR BUSBEE: All right, the motion is

8 reconsidered.

9

Is there a motion concerning Paragraph II of

10 Section II?

REPRESENTATIVE PHILLIPS: Mr. Chairman, I move that

the current Paragraph I of Section III be substituted for --

A VOICE: I didn't hear your motion.

REPRESENTATIVE PHILLIPS: My motion is the current

Paragraph I of Section III of the current constitution be

substituted back for Paragraph II, Section II.

SENATOR STARR: You mean Paragraph II, don't you?

18

GOVERNOR BUSBEE: What about the wording? I know

19 the sense of your motion.

20

MR. HILL: The provisions on apportionment are in

21 separate paragraphs for the House and Senate in the present

22 constitution, so you would have to include both in your

23 proposal.

24

GOVERNOR BUSBEE: Is there objection -- we will take

25 this back tomorrow, but is there objection if you're going

PAGE 44

to pass it, you have the sense of the motion and let the staff

2 do it and combine it for the entire General Assembly, but

3 this would exclude anyone but the legislature is the sense

4 of the motion from making reapportionment and the language

5 will be brought back for your consideration.

6

That's the motion.

7

All right. Senator Barnes.

8

SENATOR BARNES: You know, the whole purpose that

9 we had in the new constitution was to provide some flexibility.

10 I can't see the General Assembly right now would ever give

up its authority to reapportion, but they might set up, for

example, some future General Assembly might set up a procedure

that if the General Assembly could not decide or agree on

reapportionment that it would be referred to some type of

neutral body for resolution and appoint those people before

they start, and you're removing the ability to do that, and

I think we're going pretty fast on something that has been

18 though out and was thought out in the article committee over

19 a long period of time, and I think it is not a well conceived

20 idea to lock the General Assembly into never being able to 21 have any flexibility of referring any question regarding any

22 reapportionment to anybody other than the members of the body

23 of the General Assembly.

24

GOVERNOR BUSBEE: Representative Phillips.

25

REPRESENTATIVE PHILLIPS: Mr. Chairman, I concede

PAGE 45

that the General Assembly would not delegate that authority,

2 but if that is in the constitution you're going to be hearing

3 from every group in the state wanting the authority to do it,

4 so you're going to be continually under pressure every ten

5 years when you come up for reapportionment.

6

SENATOR BARNES: That's what we're elected for.

7

GOVERNOR BUSBEE: Any further discussion?

8

Representative Snow.

9

REPRESENTATIVE SNOW: Mr. Chairman, isn't the

10 alternative to this though that the courts will make the

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decision if we don't have some flexibility? GOVERNOR BUSBEE: The gentleman so stated;
it's true.

I'm sure

! 14

SPEAKER MURPHY: The answer to that is if we gave

l-
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15 ~ up the right to apportion to some independent group it would

"'::">
16 ~ still be up to us to enact it into law, and if we didn't

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17 : enact it into law the courts would still do it. The courts

18 are going to get the final say-so anyway.

19

GOVERNOR BUSBEE: All right. Any further discussion

20

Senator Greene.

21

SENATOR GREENE: Governor, if you're going to direct

22 the staff to draw up something to report back to us tomorrow,

23 I would like to also ask that they draw up an alternative 24 which would do the limited things that you and Senator Barnes 25 said, that is that we might perhaps delegate in certain

PAGE 46

situations such as an inability of the General Assembly to

2 act, if we got in that posture then give ourselves the

3 flexibility, but I would take the position that if we had

4 the present language which allows for that, but it also

5 allows for us to have the flexibility to totally delegate it

6 to some other group that my distinguished colleague in the

7 House is right, that there would be numerous special interest

8 groups--

9

GOVERNOR BUSBEE: We're putting it on the staff,

10 but before doing that from the Chair I want to get the sense

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of the body if you're interested in doing that. Otherwise we have the sense of the motion that's on the floor.
Let's take it this way, I think this will be a fair

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way to proceed. He's made the motion, we have the sense of the motion, we've asked staff, and if it's adopted then his motion prevails. All right, then we can come back and if they want to vote for yours and direct staff we'll do it.

18

All right. The motion is to leave it with the

19 legislature like it is now, direct staff to draw up the

20 amendment to combine the House and the Senate under the

21 General Assembly and leave it with you.

22

All right, is there

23

MR. HARRIS: Mr. Chairman, the staff is ready to

24 report. We would simply recommend that the first sentence

25 of Paragraph II of Section II be changed to read:

PAGE 47

The General Assembly shall apportion the Senate 2 and the House districts. Such districts shall be composed 3 of contiguous territory and so forth.

4

GOVERNOR BUSBEE: All right. You withdraw your

5 motion for them to work? Now do you have a motion?

6

REPRESENTATIVE PHILLIPS: I move we use the language

7 of counsel up there.

8

GOVERNOR BUSBEE: All right. You've heard the

9 language recommended by the staff just read by Mr. Harris.

10 Is there a second?

A VOICE: Seconded. GOVERNOR BUSBEE: The motion is seconded. All right

Is there discussion?

If you want to discuss what you were talking about, now would be the time.

All right. Any further discussion?

If not, is there objection to the adoption of the 18 staff language as just read?

19

SENATOR BARNES: I object.

20

GOVERNOR BUSBEE: There is an objection. All in

21 favor --

22

Is there objection to ordering the previous question?

23 The Chair hears none, the previous question is ordered.

24

All those in favor of changing this per staff rise

25 and stand until you're counted.

PAGE 48

(A show of hands.)

2

GOVERNOR BUSBEE: All right. Reverse your position.

3

(A show of hands.~

4

GOVERNOR BUSBEE: All right. On the motion the

5 House ayes are 20, the nays are two; the Senate the ayes are

6 20, the nays are five. The motion is adopted.

7

All right. Continue.

8

MR. HILL: Section IV, Paragraph I. The committee

9 has already agreed on one change which would be to delete

10
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REPRESENTATIVE LEE: How about Paragraph III? MR. HILL: The entire Section III was postponed until tomorrow, including Paragraph III. Section IV, Paragraph I, as I was saying, the Paragraph I was already amended by agreement of the committee to strike "or otherwise as provided by law" on line 16, and this retains the 40-day limitation and provisions relating to the Governor's power to adjourn the General

18 Assembly were amended to specify the method by which

19 disagreement between the two houses on a question of

20 adjournment would be determined.

21

GOVERNOR BUSBEE: All right. Is that it?

22

REPRESENTATIVE LEE: How far down are we going?

23

GOVERNOR BUSBEE: We're just going on Paragraph I,

24 but we've got (a), (b) and (c). I was going to take the

25 entire paragraph.

PAGE 49

REPRESENTATIVE LEE: Move its adoption down through

2

(d)

3

GOVERNOR BUSBEE: The motion is made that Paragraph

4 I be adopted. Is there a second?

5

A VOICE: Seconded.

6

GOVERNOR BUSBEE: Discussion?

7

REPRESENTATIVE COLLINS: Mr. Chairman, on line 16

8 wouldn't that give us the authority to extend the session

9 however long we wanted to? Couldn't we be up there twelve

10 months of the year rather than 40 days if we wanted to under

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this? stricken.

SPEAKER MURPHY:

"As provided by law" has been

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GOVERNOR BUSBEE: We took that out. REPRESENTATIVE COLLINS: I didn't know. GOVERNOR BUSBEE: Let me just explain the motion The motion was as amended it was my fault for not restating

18 the motion correctly, but it would be going on lines 16 and

19 17 and striking the words "or otherwise as provided by law"

20 that Representative Collins was referring to. That is the

21 motion as amended.

22

All right. Now there is a second. Now is there

23 any discussion on the adoption of Paragraph I, Section IV?

24

Hearing none, it is unanimously adopted.

25

MR. HILL: Paragraph II relates to the oath of

PAGE 50

members and --

2

REPRESENTATIVE LEE: Move its adoption.

3

MR. HILL: The specific oath to be taken by members

4 of the General Assembly before taking their seats was deleted,

5 and in the proposed draft the specific oath would be prescribec

6 by law.

7

I might point out that in the legislature in 1980

8 the House agreed upon a combined oath provision for the

9 Governor and members of the General Assembly, and proposed

10 to place that in Article II relating to voting and elections.

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GOVERNOR BUSBEE: You're just on Paragraph II now? MR. HILL: Yes, Paragraph II. REPRESENTATIVE LEE: Move its adoption. GOVERNOR BUSBEE: Is there a second? A VOICE: Seconded. GOVERNOR BUSBEE: The motion is made and seconded. Discussion?

18

Is there objection to the adoption of Paragraph II?

19

Hearing none, it's adopted.

20

Paragraph III.

21

A VOICE: Moved.

22

GOVERNOR BUSBEE: The motion is made that Paragraph

23 III be adopted. Is there objection?

24

Hearing none, it's adopted.

25

Paragraph IV.

PAGE 51

A VOICE: Moved.

2

GOVERNOR BUSBEE: It's moved that Para~raph IV be

3 adopted. Is there a second?

4

A VOICE: Seconded.

5

GOVERNOR BUSBEE: It's seconded. Discussion?

6

If not, is there objection? Hearing none, it's

7 adopted.

8

Paragraph V.

9

MR. HILL: There is an amendment to Paragraph V

10 that's being offered by Senator Stumbaugh.

A VOICE: Is that entirely new?

MR. HILL: This is a new paragraph on open meetings

which was added by the article committee.

REPRESENTATIVE LEE: We substantially have that in

our rule book.

MR. HILL: We're going to pass out Senator

Stumbaugh's proposed amendment to this section.

18

(Pause. )

19

SENATOR STUMBAUGH: Mr. Chairman

20

GOVERNOR BUSBEE: We're going to pass out the

21 . amendment and then I'll recognize you.

22

(Pause. )

23

GOVERNOR BUSBEE: Does everybody have a copy of the

24 handout? Okay.

25

The Chair recognizes Senator Stumbaugh.

PAGE 52

SENATOR STUMBAUGH: Mr. Chairman, if one believes

2 in the philosophy that all of our deliberations in the

3 General Assembly ought to be under the scrutiny of the public

4 spotlight, then it will take a constitutional amendment to

5 assure that because in 1975 as I'm sure most of us are aware

6 the Supreme Court determined that one General Assembly could

7 not bind upon another General Assembly by law, and that was

8 Coggins~. Davie I understand, and so a mere law would not

9 guarantee open meetings.

10

This constitutional amendment would, and it follows

~ z
11 ~ the language as proposed here except it does not give room
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~ . . . I12 ~ for any of the exceptions. Two exceptions mentioned here have to do with appointments to or removal from pUblic

14 ~ office. I feel if there's any area where a meeting ought to ~ ~ ~ ~
15 be open it's when people are being appointed when the public
~ ~ ~
16 ~ cannot hear debate about them and cannot ask questions of
Q
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17 ~ ~ them and vote to elect them or not elect them. The public

18 ought to know why we are appointing them and hear that debate.

19

The other is removal from pUblic office, and

20 certainly if someone is going to be removed from public office

21 if there's going to be debate about expulsion or censure

22 then the public ought to know the accusations that are being

23 made and the answers that are given, and that ought not to be

24 done in secret or in the dark in any way.

25

The other matter is in regard to property trans-

PAGE 53

actions. As I understand it, the General Assembly does not

2 have the power to condemn property and propose to bUy it for

3 certain locations of roads or otherwise in this state, so

4 it cannot drive up property, and I see no reason for there

5 to be any exceptions.

6

I think that our meetings ought to all be open and

7 that the constitution ought to state so accordingly.

8

GOVERNOR BUSBEE: Just an observation. I think you

9 have made some good points, but I would like to mention some

10 of the things that you had in drafting the open meetings law

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Of course, there are some exceptions in

12 ~ that as to the holding of public meetings, and they're not

@ r i contained in either of the versions, and yours of course

! 14 includes nothing. lV> <t J:

15 ~

For instance I've just been through I've

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16 ~... forgotten how many lawsuits this month, but I do have the

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17 : opportunity where I'm sued of talking with counsel without

18 inviting the other party to be there when I talk to counsel.

19

Presently, if you have a suit against the

20 legislature, the Legislative Services Committee is going to

21 sit down with counsel, and do you think it would be proper

22 under thoffi circumstances to invite the opposing party to

23 come in and bring their counsel to hear your discussions

24 with your counsel?

25

SENATOR STUMBAUGH: As I understand it, Mr.

PAGE 54

Chairman, this has to do strictly with the legislative 2 activity~ this has nothing to do with the executive end of 3 things.

4

I also understand that the legislature could not

5 have that kind of legal action taken against it, so I guess

6 I don't see that that is appropos in this argument.

7

GOVERNOR BUSBEE: The committee would be included,

8 though, the Legislative Services Committee would be included ir

9 that. I'm just saying there are some things that you might 10 want to look at.
I'm not saying you would agree with it, but I want

you to consider your action there because I think the over-

whelming majority support the open meetings concept which has

been written into the law. I think there is no objection

there, but I think there are certain cases like when you're

sued, and I'm sued, the legislature is going to be sued and

things like that where you have to have confidential

18 communications between attorney and client. Things of that

19 nature you need to think about.

20

I'm just calling th~s to your attention, but if you

21 don't think you need it, then

22

SENATOR STUMBAUGH: Mr. Chairman, I don't think in

23 terms of definition of being in session and having a formal

24 committee meeting or a hearing that what you're talking about

25 is covered at all, because that is a private meeting where

PAGE 55

one is trying to determine what course of action they're 2 going to take in getting advice; there is no public

3 business b/eing transacted there.

4

As I understand the definition of my amendment, we

5 wouldn't be involved in the kind of situation you're

6 describing.

7

GOVERNOR BUSBEE: The way it's worded it would be

8 is what I'm saying.

9

I'm not trying to tell you the law or anything, but

10
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the way you have it worded would include it. That's what I'm saying.
If there's a question of wording what you're going to place in here for open meetings, I just want you to be aware of what you're placing is all I'm saying.
I'm in favor of the open meeting concept that you propose, but I do think that things like attorney-client relationships and all, you have to preserve these type

18 things because if you put it in here you can't correct it

19 by legislation.

20

Representative Coleman.

21

REPRESENTATIVE COLEMAN: Governor, it looks like it

22 might be pretty technical. Would it be in order to postpone

23 it until after lunch so that they could work it out with

24 Senator Stumbaugh and see to make sure thatwe know what

25 we're doing before we vote on this?

PAGE 56

GOVERNOR BUSBEE: It would be in order if you so

2 direct.

3

I just think you ought to consider those type things.

4 You're talking about having the staff work on it?

5

REPRESENTATIVE COLEMAN: I think everybody agrees

6 with the open meeting law, but there are some exceptions we

7 ought to follow in the cases you mentioned.

8

GOVERNOR BUSBEE: Is that a motion?

9

REPRESENTATIVE COLEMAN: Yes, I make it in the form

10
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of a motion. GOVERNOR BUSBEE: Is there a second? SENATOR STUMBAUGH:" Seconded. GOVERNOR BUSBEE: Senator Stumbaugh seconds the
motion. All right. Is there objection? SENATOR LESTER: May I make a comment, Governor? GOVERNOR BUSBEE: Senator Lester.

18

SENATOR LESTER: I do not see any prohibition in

19 here about personnel matters, and I think that that should be

20 a consideration in the amendment as it is presented to us.

21

GOVERNOR BUSBEE: You mean like -- say Frank

22 Edwards has an aide that he's going to fire and the

23 Legislative Services Committee is going to select a 24 replacement. Is that what you're talking about?

25

SENATOR LESTER: Personnel of the General Assembly.

PAGE 57

GOVERNOR BUSBEE: This is something that can be

2 brought up. There has been a motion made and seconded.

3

Any objection to postponing this and letting the

4 staff ~ork with the people who are interested in it?

5

If not, it's postponed.

6

Paragraph VI, vacancies.

7

MR. HILL: The language relative to vacancies was

8 clarified in this paragraph.

9

GOVERNOR BUSBEE: A~l right. Do I hear a motion on

10
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Paragraph VI? A VOICE: Moved. GOVERNOR BUSBEE: The motion is made. Is there a
second? A VOICE: Seconded. GOVERNOR BUSBEE: It's seconded. Discussion? If not, is there objection? Hearing none,
Paragraph VI is unanimously adopted.

18

Paragraph VII.

19

MR. HILL: No change from the present provision.

20

GOVERNOR BUSBEE: Paragraph VII

21

SPEAKER MURPHY: wait a minute.

22

GOVERNOR BUSBEE: Mr. Speaker.

23

SPEAKER MURPHY: This is the same thing that the

24 constitution now provides, and unfortunately I am the

25 author--

PAGE 58

A VOICE: Can't hear.

2

SPEAKER MURPHY: Unfortunately I am the author of

3 that provision that says your compensation can't be raised

4 during the term for which you were elected.

5

I have changed my opinion considerably on that

6 because it doesn't make any difference if we passed a law

7 raising the salaries of the General Assembly ten years from

8 now the news media would give us hades about it, it doesn't

9 make any difference if it takes effect in ten years.

10

I think it's wrong, I think they have made it wrong

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11

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by their irresponsible actions, and I

think this thing ought

~ 12 ~ to be changed where we can treat ourselves like everybody

~r~ else.

! 14 l-

I think the last three lines of that section ought

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it hasn't made

any difference

in

the

coverage or

the

treatment

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17 : we've got from the press at all, and I think it ought to be

18 changed, and I so move.

19

It automatically excludes the cost of living given

20 everybody else in the state government; it even provides if

21 gasoline goes up to $2 a gallon we can't raise ourself even

22 during that time.

23

I think it's wrong, I think I made a tragic mistake

24 when I recommended it to the General Assembly, and I move that

we strike lines 24, 25 and 26 and put a period after "shall

PAGE 59

be provided by law. 1I

2

A VOICE: Seconded.

3

GOVERNOR BUSBEE: Discussion?

4

SENATOR HOWARD: Mr. Chairman, I hate to take issue

5 with the Speaker especially on something like this, but

6 something I think we ought to consider is that if we change

7 it I'm afraid that it's going to make it more difficult to

8 ever get any kind of a proposal through the legislature

9 because the voters in my senate district objected to any

10 kind of action that would raise the legislators' salaries

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during their term of office, and I think it would make it a lot more difficult for a sitting legislator to vote for a salary increase if we build this sort of provision in the

! 14 ~ '<"l :r
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constitution where it can take effect during the term of office.
I agree with the Speaker that the publicity has been the same regardless, but I think we ought to think about this

18 long and hard before we change it for that reason.

19

GOVERNOR BUSBEE: Representative Snow.

20

REPRESENTATIVE SNOW: Mr. Chairman, I agree with

21 both the Speaker and with the Senator.

22

I move to amend the motion so as to strike the words

23 "or allowances" on line 24 and keep the rest of the language

24 the same. This would allow us under those circumstances to

25 raise mileage and other allowances, that we could do that

PAGE 60

when we raise everyone else's, but we could not raise our

2 compensati on.

3

REPRESENTATIVE LEE: I think the courts have said

4 they're one and the same.

5

SPEAKER MURPHY: Let me make my position as my good

6 friend James Sloppy Floyd used to say crystal clear.

7

I am the only fellow in the General Assembly who you

8 all have taken care of. By Senator Holloway's legislation

9 I'm going to get a raise, the Lieutenant Governor gets his

10
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~ 12 ~
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cost of living, and I'm going to get it under the act, so I ain't speaking for myself, you understand that. It ain't gonna help me a bit because I'm going to get mine every two years anyhow.
But I think the members of the General Assembly are grossly underpaid, I think that the expense allowance is ridiculous as of right now; I think it is costing everybody that lives more than fifty miles away from this Capitol

18 money to stay up here today and serve in the legislature,

19 and it ain't fair to those folks, and I want you to under-

20 stand I ain't speaking for myself because I'm getting my

21 raise just like the Lieutenant Governor does and the Congress

22 and the Senate, and I appreciate it, but I'm trying to speak

23 for the rest of you guys who are getting shafted every day, 24 and it don't make any difference whether you pass it

25 effective two years from now, it's going to be the same

PAGE

61

story when you get back home, you voted yourself a raise,

2 and that's what it's going to be. It don't make no difference

3 when it's effective, and I think they have already ruled

4 that compensation and allowances was the same thing, 'it

5 ain't made no difference.

6

Now, if you don't want to vote for it that's your

7 business. I'm going to make it clear I'm speaking for your

8 rights, not mine, but I think you ought to look after

9 yourself for a change instead of worrying about what the

10 press is going to say because it ain't gonna change what

they're going to say anyhow.

A VOICE: Call the question.

GOVERNOR BUSBEE: Further discussion?

Let me just ask counsel, Robin or somebody a

question. As I understand it under the present provision

like on mileage allowances where we've just raised the

allowances for the state employees, the legislature by the

18 constitution cannot receive this.

19

MR. HARRIS: No.

20

GOVERNOR BUSBEE: What about the cost of living that

21 the state employees got?

22

MR. HARRIS: No.

23

A VOICE: Call the question, Mr. Chairman.

24

GOVERNOR BUSBEE: Is there any further discussion?

25

There being no further discussion, is there objection

PAGE 62

to ordering the previous question?

2

All in favor of the Speaker's motion rise and stand

3 until you're counted.

4

(A show of hands.)

5

SENATOR BARNES: What happened to Representative

6 Snow's amendment?

7

MR. HARRIS: He didn't get a second.

8

REPRESENTATIVE SNOW: What happened to my amendment?

9

SPEAKER MURPHY: I didn't hear a second.

10

GOVERNOR BUSBEE: Reverse your positions.

(A show of hands.)

GOVERNOR BUSBEE: All right. On the motion the

ayes in the House are 17, the nays are zero; the ayes in

the Senate are 19, the nays are four. The amendment is

adopted.

SPEAKER MURPHY: And I would say them four are

rejoicing in the fact that they lost.

18

(Laughter. )

19

SENATOR BARNES: Parliamentary inquiry.

20

GOVERNOR BUSBEE: State your point.

21

SENATOR BARNES: What is the position of Mr. Snow's

22 amendment?

23

GOVERNOR BUSBEE: TBere was no second.

24

Paragraph VIII, election returns.

25

MR. HILL: There is no change from the present

PAGE 63

constitution in Paragraph VIII.

2

A VOICE: Move its adoption.

3

MR. HILL: There is no change from the present

4 constitution in Paragraph VIII or Paragraph IX.

5

GOVERNOR BUSBEE: There's no change in Paragraph VII]

6 and IX.

7

I hear a motion that Paragraph VIII be adopted,

8 and there's a second.

9

Is there discussion? Hearing none, is there

10 objection to its adoption?

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Hearing none, it's unanimously adopted. Paragraph IX.
A VOICE: Moved.

14 ~ lV! :I:
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GOVERNOR BUSBEE: It's moved. A VOICE: Seconded. GOVERNOR BUSBEE: It's seconded. discussion? If not --

Is there

18

SPEAKER MURPHY: Could I ask a question before we

19 go past IX?

20

GOVERNOR BUSBEE: All right, Mr. Speaker.

21

SPEAKER MURPHY: What do we do with those folks

22 when we arrest them? I ain't never been able to figure that

23 out. What do we do with them when we arrest them?

24

GOVERNOR BUSBEE: We generally take them to the

25 principal's off ice.

PAGE 64

(Laughter.)

2

GOVERNOR BUSBEE: There's no change in Paragraph IX.

3

SPEAKER MURPHY: Yeah, but the question is what do

4 we do with them?

5

GOVERNOR BUSBEE: The question is what do you do

6 with a person once you arrest him.

7

A VOICE: Chain him in the dungeon.

8

A VOICE: Send him to the Governor's mansion.

9

(Laughter.)

10

GOVERNOR BUSBEE: You have these arrest powers over

in the courts, you have the sheriffs over in the courts, so

you're not alone in not knowing what do do with them.

That's one of these "Gosh, I've got him and don't know what

to do with him" things.

All right. The motion has been made and seconded.

Is there further discussion?

Hearing none, is there objection to the adoption of

18 Paragraph IX? If not, it's unanimously adopted.

19

Paragraph X.

20

MR. HILL: Privilege of members was extended to

21 committee meetings of either house.

22

GOVERNOR BUSBEE: All right, Paragraph X.

23

A VOICE: Moved.

24

GOVERNOR BUSBEE: I hear a motion. Second?

25

A VOICE: Seconded.

PAGE 65

GOVERNOR BUSBEE: Discussion? If not, is there

2 objection to the adoption?

3

Hearing none, it's unanimously adopted.

4

Paragraph XI.

5

MR. HILL: The provisions on viva voce vote were

6 updated and clarified. In the 1980 session this was

7 omitted by the House I believe.

8

SPEAKER MURPHY: What exactly do that mean?

9

A VOICE: Let the Governor explain.

10

SENATOR BARNES: I've always wanted to know what it

means too.

REPRESENTATIVE LEE: Let the Governor explain.

He came in 1957.

(Laughter. )

GOVERNOR BUSBEE: Is there objection? Hearing none,

it's adopted.

All right. Looking-at the schedule, we will be

18 taking up Section V, and we're going to have a lunch break.

19 Does it suit you to be back in 55 minutes? Is that

20 sufficient time, or should we make it a little bit after

21 that? It's up to you.

22

All right, one o'clock. Don't forget some of you

23 have work to do during the lunch hour. We will stand in

M recess until one o'clock.

25

O~ereupon, at 12:05 p.m. the committee meeting

PAGE 66

was recessed, to reconvene at 1:00 p.m. in the same place.)

2

3

+++

4

5

6

7 8 9 10

18 19 20 21 22 23 24 25

PAGE 67

AFTERNOON SESSION

2

GOVERNOR BUSBEE: All right, we will come back to

3 order.

4

We will deal with Section V on the enactment of

5 laws, Paragraph I, journals and acts.

6

A VOICE: Move its adoption.

7

MR. HILL: Paragraphs I and II of Section VII of

8 the present constitution are consolidated to form Paragraph I

9 of this section, but there's basically no change.

10

A VOICE: Move its adoption.

A VOICE: Seconded.

GOVERNOR BUSBEE: It's moved it be adopted and

there is a second. Section V, Paragraph I moved and

seconded.

Discussion? If not, is there objection to

adoption?

If not, it's unanimously adopted.

18

Paragraph II, bills for revenue.

19

MR. HILL: The language in the present bills for

20 revenue paragraph stating that the Senate may propose or

21 concur in amendments as in other bills was dropped as

22 unnecessary in this paragraph. Otherwise it is the same.

23

SENATOR BARNES: Move its adoption.

24

A VOICE: Seconded.

2S

GOVERNOR BUSBEE: The motion is made and seconded.

PAGE 68

Is there discussion?

2

If not, is there objection to the adoption of

3 Paragraph II? Hearing none, it is unanimously adopted.

4

Paragraph III.

5

MR. HILL: Same as in the present constitution.

6

GOVERNOR BUSBEE: The same.

7

A VOICE: Moved.

8

A VOICE: Seconded.

9

GOVERNOR BUSBEE: Moved and seconded. Discussion?

10

Is there objection to the adoption of Paragraph III?

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Hearing none, it's unanimously adopted. Paragraph IV. MR. HILL: No change from the present constitution.

! 14

A VOICE: Move its adoption.

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A VOICE: Seconded.

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GOVERNOR BUSBEE: Moved and seconded. Any

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18

Hearing none, it's unanimously adopted.

19

Paragraph V.

20

MR. HILL: This was just clarified, it's basically

21 the same that we have now.

22

A VOICE: Move its adoption.

23

GOVERNOR BUSBEE: The motion is made. Second?

24

A VOICE: Seconded.

25

GOVERNOR BUSBEE: Seconded. Discussion?

PAGE 69

Is there objection? Hearing none, Paragraph V is

2 unanimously adopted.

3

Paragraph VI.

4

MR. HILL: All the present provisions requiring the

S recording of yeas and nays were consolidated and changed to

6 allow the presiding officer to order a roll call vote at

7 any time, and to allow each house by rule to require a roll

8 call vote upon the request of one-fifth of its members.

9

A VOICE: Move the adoption.

10

MR. HILL: Or a lesser number than one-fifth if

they decide to.

GOVERNOR BUSBEE: All right. Is there a second?

A VOICE: Seconded.

GOVERNOR BUSBEE: Discussion? If not, is there

objection?

Hearing none, Paragraph VI is adopted.

Paragraph VII.

18

MR. HILL: All right. In the proposed draft the

19 titles of general bills and resolutions would have to be

20 read three times and on three separate days, but such bills

21 and resolutions would need not be read in their entirety on

22 third reading unless ordered by the presiding officer or by

23 a majority of the members voting in either house.

24

with respect to local legislation, a new provision

2S was added to allow the General Assembly to provide by law

PAGE 70

for an expedited procedure for the consideration of local

2 bills with the stipulation that the titles of such bills

3 must be read at least once before passage and that they

4 cannot be voted upon until the third day following their

5 iritroduction.

6

I just summarized the changes in Paragraph VII and

7 VIII in what I just read.

8

Paragraph VII relates to the requirements for

9 general bills, and Paragraph VIII would be this new

10 authorization.

GOVERNOR BUSBEE: Is there any objection to

considering Paragraphs VII and VIII together? If not, we

will consider them together. A VOICE: Move the adoption of both.

GOVERNOR BUSBEE: The motion is made that

Paragraphs VII and VIII be adopted. Is there discussion?

If not, is there objection to the adoption of

18 Paragraphs VII and VIII? Hearing none, they are adopted.

19

IX.

20

MR. HILL: In Paragraph IX the notice requirement

21 for local bills is retained, but the specifics of implementa-

22 tion are to be provided for by law rather than by the

23 constitution itself.

24

A VOICE: Moved.

25

A VOICE: Seconded.

--------- ----- ._----------------------~

PAGE 7.1.

GOVERNOR BUSBEE: Let me ask you one question.

2 Well, the effective date there's no problem. I started to

3 say what would you do the first session, but that's taken

4 care of by the effective date of the constitution. They

5 would still have one session that you would be dealing with

6 the present notification.

7

Okay. It's moved. Is there a second?

8

A VOICE: Seconded.

9

GOVERNOR BUSBEE: All right. Discussion?

10
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12
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If not, all those in favor say

Well, is there

objection? Hearing none, it is adopted.

Paragraph X.

MR. HILL: This is in the present constitution, and

it is combined with Paragraph XII in the present constitution,

but in this proposed revision the Acts Signed paragraph

and the Rejected Bills paragraph are put in different places

because they relate to different things.

18

GOVERNOR BUSBEE: Mr. Speaker.

19

SPEAKER MURPHY: What is the reason for that

20 Paragraph X being in there that the Lieutenant Governor and

21 I have to sign the back of each bill? What is the reason

22 for that?

23

I spend hour on hour on hour just signing the back

24 of those bills, and it ain't ever made a lot of sense to me.

2S

A VOICE: So you'll know what we've passed.

PAGE 72

GOVERNOR BUSBEE: Let me just -- I think the 2 Speaker has a point. Now, you know, the clerk and the

3 secretary of the Senate sign these bills. Now under present 4 practice is all I can speak to they get a stack like this 5 (indicating) of all these and just sign the backs and they're 6 sent on. That's the process I think that's used and there's

7 a lot of signatures.

8

Unless there is some reason for it, I would suggest

9 you consider not putting that into the constitution. You 10 can still require it if you want by law, but it's --
SPEAKER MURPHY: I think it would be all right to require to certify they were passed by the House.

SENATOR HOLLOWAY: Mr. Chairman, I move the elimination of Paragraph X.

A VOICE: I second it.

GOVERNOR BUSBEE: The motion is made and seconded

that Paragraph X be deleted.

18

SPEAKER MURPHY: Mr. Chairman, does the Secretary

19 or --

20

GOVERNOR BUSBEE: Don't embarrass them. That's not

21 your business now, Mr. Speaker. You know they carefully read

22 those bills before they send them to me.

23

SPEAKER MURPHY: Does the Secretary and the

24 Legislative Counsel have any reason why we have to sign the

25 back of them bills?

PAGE 73

1

MR. McWHORTER: I think the solemnity of the

2 occasion is the main thing involved. They do it in other

3 states. It addresses itself to the solemnity of it I would

4 think.

5

From a practical standpoint, I don't know.

6

A VOICE: The only vestige of solemnity left.

7

MR. EDWARDS: We've had a case where the court has

8 held when the President of the Senate and the Speaker of the

9 House sign these bills the court won't go behind and see

10
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whether the procedure was correct or not. That sort of puts the stamp of approval on it when these two officers sign the bill.
GOVERNOR BUSBEE: The Secretary of the Senate, he signs it, the Clerk of the House signs it. It looks to me that would be an official act on behalf of either body just as much as
MR. EDWARDS: As a legal matter the Clerk of the

18

House and the Secretary of the Senate don't have to sign

19 them. As it is right now they wouldn't have to, but you

20 could change this to have them sign it.

21

SPEAKER MURPHY: Frank, would it be anything wrong

22 with this section being changed to where the Lieutenant

23

Governor and the Speaker would sign it only after it was

24

adopted by each house? That would save us -- we would sign

25 IS-hundred times instead of five thousand times.

PAGE 74

MR. McWHORTER: You don't actually sign it, Mr.

2 Speaker or Mr. President, until it is actually passed. You

3 don't sign the engrossed bill, you only sign the enrolled

4 bill.

5

SPEAKER MURPHY: What I do is sign the blank back

6 in bulk is what I do, if you want to know the truth.

7

SENATOR HOLLOWAY: Mr. Chairman, is it not true that

8 if we eliminate this paragraph we could always write it into

9 law by statute to have them sign them, or anybody else sign

10
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them we want to? MR. HARRIS: You certainly can. SPEAKER MURPHY: If something should happen, we
could pass a statute and put it into law right quick. I don't see any point of it being in the Constitution of Georgia.
GOVERNOR BUSBEE: The Speaker just asked the question, I don't know whether you could hear him over this

18 mike, but he was just saying is there any reason we couldn't

19 leave this out of the constitution and provide by act for

20 all the solemnity you're talking about.

21

MR. EDWARDS: The only thing I'd say is that this is

22 the way that you show that the House and Senate both passed

23 the bill. Otherwise, of course you've got the dates of the

24 reading and so forth on there, but nowhere does anybody say

25 other than these signatures that that bill was actually

PAGE 75

passed by the House and Senate.

2

GOVERNOR BUSBEE: Let me go to a hypothetical.

3 If you passed a statute that the Clerk and the Secretary of

4 the Senate will sign just like you now have this provision

5 about the Speaker and the Lieutenant Governor, couldn't you

6 do that by statute and it would be an official signature as

7 far as the court is concerned?

8

MR. EDWARDS: It probably would. Of course, you can

9 change that any time you want to since you don't have it in

10 the constitution, but whether you could change this to the

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@);j put that in instead of the two presiding officers that would be an official act.

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GOVERNOR BUSBEE: You might have a-- you could also have this, you could have a disability say of a Clerk or a Secretary of the Senate or the Lieutenant Governor or the Speaker and you're getting into all this.

18

How come you can't write some language in here to

19 give the solemnity referring to that, just the General

20 Assembly shall provide by law for the person that shall

21

A VOICE: For certification.

22

GOVERNOR BUSBEE: For certification. That's what

23 Judge Clarke is saying, just provide by law for the

24 certification of bills, that all acts

25

SPEAKER MURPHY: Can I make a suggestion?

PAGE 76

GOVERNOR BUSBEE: All right. Go ahead.

2

SPEAKER MURPHY: Can I suggest that we leave that

3 up to the Secretary and the Clerk and the Legislative Counsel

4 to come back with what language they think will answer the

5 question?

6

LT. GOVERNOR MILLER: One solution would be just to

7 not pass so many laws, then we wouldn't have to sign so many

8 bills.

9

No, I think the Speaker has got a good suggestion,

10
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let them get together and tell us. GOVERNOR BUSBEE: Is there any objection that we
let the Secretary of the Senate, the Clerk of the House, the staff and counsel get together and come back with a recommendation on some certification process?
If not, we will skip Paragraph X. MR. HILL: Paragraph XI is the same as in the present constitution except there's a deletion of the phrase

18 in the case of a prolongation of a session of the General

19 Assembly.

20

GOVERNOR BUSBEE: Is there a motion on Paragraph XI?

21

A VOICE: Moved.

22

A VOICE: Seconded.

23

GOVERNOR BUSBEE: Discussion?

24

SENATOR BARNES: What is a two-thirds vote

25 required for other than a constitutional amendment?

PAGE 77

A VOICE: To override a veto.

2

SENATOR BARNES: The provision that two-thirds

3 vote of both houses shall be construed --

4

REPRESENTATIVE PINKSTON: It's a right substantial

5 change.

6

MR. HILL: You're asking me where else in the

7 constitution do you require a two-thirds vote?

8

SENATOR BARNES: Or in the law.

9

MR. HILL: In the gratuities section which we're

10
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going to get to shortly. SENATOR BARNES: Okay, it's in the constitution GOVERNOR BUSBEE: Senator Ballard. SENATOR BALLARD: Back when we first took up local
constitutional amendment question on the first or the second day we were discussing about the Governor overriding -- I mean the Governor vetoing these type bills, and the Speaker says we're going to take this up in the legislative section.

18

MR. HILL: Yes, that will come up shortly.

19

GOVERNOR BUSBEE: THe recommendation is what you

20 call the six-day and the two-thirds rule whereby somebody

21 has proposed that you can send bills down within six days on

22 two-thirds vote I believe during the session and the Governor

23 would have to sign them or they would be vetoed.

24

The Speaker might have something on that.

25

SPEAKER MURPHY: The reason I know it's coming up

PAGE 78

is because I wrote the language.

2

MR. HILL: Paragraph XIV, Senator Ballard, to come

3 up shortly.

4

GOVERNOR BUSBEE: Is there any objection? Hearing

5 none, it's adopted.

6

MR. HILL: Paragraph XII on rejected bills expands

7 the prohibition against introducing once-rejected bills to

8 those in the same or similar form on line 24, not just the

9 same or similar title which is what the present constitution

10 says, and also extends this to a special session as well as

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the regular session on line 25. REPRESENTATIVE LEE: Question. GOVERNOR BUSBEE: Representative Lee.

! 14

REPRESENTATIVE LEE: Does that allude to a term or

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15 .:l a session? You know, that's not enforceable really in

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17 : vice versa, and similar bills are introduced in both houses

18 or identical, and one rejected in the Senate and the House

19 could pass it. It don't make senpe the way we do it or the

W way this is.

21

GOVERNOR BUSBEE: Let me get back to parliamentary

22 procedure.

23

The motion has been made. Is there a second?

24 If somebody will second it, we will have discussion.

25

A VOICE: Seconded.

PAGE 79

GOVERNOR BUSBEE: Okay. Now discussion.

2

SPEAKER MURPHY: I can remember, Mr. Lee, on one

3 occasion where we had rejected a bill in the House and the

4 Senate passed a similar bill --

5

REPRESENTATIVE LEE: And we finally passed it.

6

SPEAKER MURPHY: No, sir. I said it was the same

7 subject matter exactly and we will not consider it under this

8 constitution, and I think you all have done the same thing in

9 the Senate.

10

A VOICE: It's awful hard to police,_ though.

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@;I having the point raised to him by a member on the question of whether or not it is eligible to be voted upon.

.

! 14

REPRESENTATIVE LEE: Is that for that just one

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SENATOR BARNES: Would this also prohibit a floor

18 substitute from being offered on basically the same subject

19 matter after a bill has been proposed?

20

In other words, a bill is defeated, another germane

21 bill comes over and you have a floor substitute. It says

22 shall not again be proposed. Would it also prohibit a floor

~ substitute?

24

SPEAKER MURPHY: It would prohibit a floor

25 substitute unless the language has been changed sufficiently

PAGE 80

where you could not say it was similar or the same.

2

I've got in trouble a few times on that.

3

GOVERNOR BUSBEE: Senator Greene.

4

SENATOR GREENE: Mr. Chairman, I think we're

5 subjecting ourselves to the potential of some numerous pieces

6 of litigation when you try to determine what is similar form.

7

As the Speaker was just pointing out, I think the

8 proposed language "or similar form" has got some dangers and

9 ramifications to it. We'll be in court a whole lot more than

10 we might like to be as to whether or not a bill was proper.

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I think the present language is certainly better than this proposed language.
REPRESENTATIVE LEE: I'm sorry I brought it up SENATOR BARNES: Is that not taken care of by the

18 enrolled bill? The court won't go behind the enrolled bill,

19 so they wouldn't get into that generally.

20

SPEAKER MURPHY: You're taking a good portion of the

21 enrollment out of there when you take this section out.

22

SENATOR BARNES: That's Section II. That's what

23 Frank Edwards was talking about, we're taking enrollment out

24 of it. Will it change that procedure, or that rule of law.

25

GOVERNOR BUSBEE: This means I think though you're

PAGE 81

really making a departure, and I just want to kind of

2 apprise you of it. I don't want to influence your

3 deliberations other than to just point out the present

4 constitution.

5

SENATOR BELL: What paragraph is that?

6

MR. HARRIS: Paragraph X.

7

GOVERNOR BUSBEE: What it says now, and there's

8 quite a difference in it, it would have to be identical, but

9 what it says now is that no bill or resolution intended to

10 have the effect of law which shall have been rejected by

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either house shall be again proposed during the same session

12 ~ under the same or any other title without the consent of

@ r l two-thirds of the house in which the same was rejected.

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SENATOR BARNES: As a practical matter, if you want

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17 : to get it back up, you can get it back up.

18

A VOICE: As a real practical matter it's not

19 enforceable.

20

SENATOR BARNES: If you want to get it back up,

21 there's a way of "getting it.

22

A VOICE: There's no way in the world you can

23 enforce it.

24

SENATOR BARNES: We all know it happens all the time

25

(Pause. )

PAGE 82

GOVERNOR BUSBEE: Let's have a motion. What's your

2 pleasure? Do I hear a motion either way?

3

There was a motion made I believe that it be

4 deleted. I'm sorry. It's already been made and seconded.

5

The motion before you is to delete Paragraph XII

6 on rejected bills. Now for discussion.

7

Is there any further discussion on the motion to

8 delete?

9

Representative Adams.

10

REPRESENTATIVE ADAMS: Could that be taken care of

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by House and Senate rules? MR. HARRIS: It could,

sure.

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SPEAKER MURPHY: It's a constitutional provision

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which is a rule of the House now as all the constitutional provisions are we enacted.
REPRESENTATIVE ADAMS: You said you wouldn't

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17 :: consider it, but in the event a Senate bill was passed that

18 we had previously rejected, and maybe there was some change

19 of heart or something when the Senate bill got to the House,

20 you could have a House rule that would take care of it if

21 it was left out of the constitution.

22

MR. HARRIS: The answer is yes, you could have a

n House rule.

24

GOVERNOR BUSBEE: Any further discussion?

25

If not, all those

Is there objection to the

PAGE 83

deletion?

2

SPEAKER MURPHY: I object. I think it's something

3 that ought to stay in there in some form simply because we

4 would get ourself in a box we'd never get out of.

5

SENATOR HOLLOWAY: Have we had any trouble with this

6 thing since 1945?

7

SPEAKER MURPHY: No, sir.

8

SENATOR GILLIS: Would a motion be in order to go

9 back to the present constitution, the present wording?

10

SPEAKER MURPHY: It's got us required to sign it in

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12 ~

GOVERNOR BUSBEE: All right. Let me ask you this.

@ r l I hate to defer it, I don't think i~s going to take much

14 ~ lUI <:Crl

time.

If I can get the sense of the body, I think we can have

15 .:l the staff to draft -- if the consensus is to leave it like it

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18

Is there objection to deferring this with direction

19 to the staff to do this?

20

Hearing none, that will be the procedure.

21

All right, next paragraph, Paragraph XIII at the

22 bottom of page 7.

23

MR. HILL: The veto provisions are presently in

24 Article V, Section II, Paragraphs VI and VII, but they have

2S been moved to this article and section because of their

PAGE 84

logical relationship to enactment of laws, so this is the veto

2 provision relating to the Governor's power of veto.

3

The most significant change and the major

4 substantive change in this Paragraph XIII is to provide a

5 mechanism by which two-thirds of the membership of each house

6 could send a bill to the Governor during the session for his

7 approval or veto.

8

Presently no bill is sent to the Governor unless he

9 asks for it, and the other changes in the veto provisions are

10 of an editorial nature.

GOVERNOR BUSBEE: All right. Is there a motion for

the adoption of the -- Do you need more explanation on

this?

SPEAKER MURPHY: Senator Ballard, do you see it now?

This is the section.

GOVER~OR BUSBEE: Somebody make a motion if you

would to adopt it.

18

A VOICE: So moved.

19

GOVERNOR BUSBEE: Seconded?

20

A VOICE: Seconded.

21

GOVERNOR BUSBEE: For discussion. There is one

22 technical amendment that Charlie Tidwell wanted to point out

23 that's in the middle of page 8 starting down about line 17.

24 Charlie.

25

MR. TIDWELL: Mickey is passing out the amendment.

PAGE 85

I don't think it does any violence to the spirit of what has

2 been propos~d here, and I'll wait until you get them before

3 I explain.

4

(Pause.)

5

REPRESENTATIVE LEE: I didn't know the Governor gave

6 reasons for vetoes.

7

MR. TIDWELL: Everyone, Mr. Lee, everyone has a

8 well thought out message.

9

REPRESENTATIVE LEE: Those things I've been reading

10 wasn't very good.

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(Pause. ) MR. TIDWELL: Has everybody got them now? All this amendment does is allows the Governor and his staff just to have one cutoff date that we compute when we have to get through vetoing the bills and sending them back to you, and that would date the forty days from the date of adjournment rather than forty days from when it was sent to us

18

It's just a convenience to us, and it means we still

19 have to veto the bill within forty days of the adjournment and

20 send it back.

21

Most governors like to -- or this Governor, and I

22 assume the rest of them wait until the very end of that

23 period of time, he studies those bills that have given him

24 problems, then he votoes them right toward the end of the

25 period, writes the veto message and sends them back, and

PAGE 86

this just gives one deadline date and that is dated from date

2 of adjournment.

3

GOVERNOR BUSBEE: This has nothing to do with

4 vetoing or not vetoing, this is simply the message that has

5 to be written out on each one.

6

MR. TIDWELL: Just to transmit it back.

7

SPEAKER MURPHY: This says you've got to veto a bill

8 if we send it to you within six days or the forty days after

9 we adjourn. I don't care if he don't send a message, as long

10 as he sends the bills back.

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MR. TIDWELL: Just on adjournment sine die, or if you adjourn for more than 40 days this would be.
If you send us one during the session on a two-

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thirds vote, we've got to act on it in six days and send it back to you.
This is just if you adjourn sine die or adjourn for more than 40 days.

18

SPEAKER MURPHY: It's in Paragraph (c) where that's

19 taken care of.

20

GOVERNOR BUSBEE: Okay.

21

SENATOR HOLLOWAY: I move the adption of the

22 amendmen t.

23

GOVERNOR BUSBEE: The motion is made the technical

24 amendment be adopted. Is there a second?

25

A VOICE: Seconded.

PAGE 97

A VOICE: The Lee amendment?

2

GOVERNOR BUSBEE: This is the Lee admendment.

3 All right. Is there any discussion on the motion to adopt

4 Paragraph XIII? Well, is there objection to the amendment?

5

Hearing none, the amendment is adopted.

6

All right. Now on the main question. Is there

7 objection to the adoption of Paragraph XIII as amended?

8

SENATOR KIDD: Governor, may I ask one question

9 before we take a vote?

10

Why is it necessary on page 7, line 33, or you might

say 32 to 34, that we put in there about the six days if the

Governor receives it, because we're just kidding ourselves

because you know when you send them down your secretary

shortstops them, they don't get to your desk until you get

ready to take your

GOVERNOR BUSBEE: That's not true, they're signed --

SENATOR KIDD: You're not signing bills within six

18 days that come down to you after they've been passed.

19

GOVERNOR BUSBEE: This is where you send one down

20 under a two-thirds vote, I would have six days to sign it.

21

SENATOR KIDD: We know that, but we're talking about

22 a general bill because this is not referring just to a two-

23 thirds vote. Me, I cannot see any point of subterfuge,

24 we've had it all these years, because we're handling your

25 ability to veto a bill, and I agree you've got to have time

PAGE 88

to read them, but to say that we're passing one and sending it

2 down and we ask "Well, where is it," and you say "Well, I

3 haven't seen it," and so you wait until after we go home

4 before you act on it. I cannot see the point of having it in

5 the constitution.

6

GOVERNOR BUSBEE: I don't quite follow your

7 reasoning. I'm going along with this, I'm not opposing the

8 thing. This gives you a method, and I think I need six days,

9 it's provided that I have six days when you pass by two-thirds

10

vote.

You can ask Charlie the question, but I --

MR. TIDWELL: Senator, this whole veto provision

was worked out as a compromise between the governor's office

and the legislature because right now the present courtesy

that's extended to us is that no bill is sent to the Governor

unless we ask for it during a session.

We can say don't send us one, we won't sign for it

18 unless we ask for it, so this has always been so, since I've

19 been here for 20 years bills have never been sent to the

20 Governor without his request, but it recognizes the

21 legitimate need for the General Assembly to require some

22 executive action on a bill, and if we either request it or

23 it's sent 'to us on a two-thirds vote we have to do something

24 with it within six days, and that's not the present practice

25 now.

PAGE 89

SENATOR KIDD: I agree with the two-thirds vote, but

2 I disagree that I think bills ought to be sent down and you

3 not have a definite date unless you had a two-thirds vote.

4 Why should we pass a bill and let it stay in the Clerk or the

5 Secretary's office until you send for it?

6

GOVERNOR BUSBEE: I'll answer that. Culver, I think

7 the courtesy that has been extended recognizing when a session

8

is going on there is no Governor -- this is not going to

9 affect me, so I'm just speaking for whoever might be there

10
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after I leave, but during the session it is humanly impossible for a Governor to take all these bills that you pass and you send down and sign these during the session.
I think the thing that's in the law that's bad now, that there should be some way to override this veto, and this I went along with, and what we've had throughout this constitution in an effort to shorten this constitution has been for the constitution to be shortened by giving the

18 legislature more authority where they're restricted.

19

I'm sensitive and I think that you're sensitive as

20 far as the legislature is concerned, but when you come to

21

balance of power between the three branches of government

22 I think we have a pretty good balance with the courts, the

23

executive and with the legislative, within each arena we have

24 a pretty good balance.

25

In addition to the legislature getting much more

PAGE 90

power under the constitution by taking out these restrictions 2 or prohibitions, I'm sensitive about some of these changes

3 about shifting this balance of power, but I do think that

4 if you're going to have a right to veto, to override a veto

5 that you're going to have to make this change which I go along

6 with.

7

I was just saying up here at the table a moment ago

8 I think this is something that could be very much abused if

9 you would just routinely get up and make these two-thirds

10 motions and inundate a Governor during a session, and I can't

conceive of this happening because in the past and for the

last 26 years I know that we have never sent these to the Governor, as a courtesy we let him have them at the end of the session, but this gives you the means which you've never had before, and I think it's reasonable.

But as far as routinely sending down bills and the

Governor having six days to sign them, it would be bad. If

18 you want a joint issue with the Governor on a bill, which you

19 frequently do, then get your two-thirds vote in either house

20 and he's got to act on it in six days, and I think that's a

21 reasonable solution.

22

SENATOR KIDD: I'm agreeing with you on your time,

23 but where I disagree is why should not these bills be sent on

24 down to your office with no time limit unless it has a two-

25 thirds vote. Why should it remain in the Clerk's and the

PAGE 91

senate's office awaiting your pleasure to send for it?

2 I think it should be automatically sent to the Governor's

3 office, but you would not have to act on it until the present

4 setup, until forty days after we've left unless you had a

5 two-thirds vote.

6

SPEAKER MURPHY: The answer to that, Senator, is

7 very simple. We have a safe place to keep all these bills.

8 The Governor has pasteboard boxes is about all he has in his

9 office to keep these.

10

The reason for this provision in the constution --

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you've been here longer than I have, you was here when I came, and the way you're going you'll probably be here when I leave, but the reason for this provision in the constitution that

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I remember, in the 21 years I've been here I remember only three confrontations with the Governor where this section would have come into play, one with Governor Maddox, one with Governor Carter, and close to one with this Governor. That's

18 the only three times I ever remember in the 21 years I've

19 been here. That's the only reason I insisted we ought to have

20 something.

21

I remember very definitely one with Lester Maddox,

22 and you do too, that kept the General Assembly from having its

23 will. That's the only reason is because if you had a two~

24 thirds vote to send it down there, then you know you've got

25 the two-thirds vote to override his veto.

PAGE 92

GOVERNOR BUSBEE: I think I was short with the

2 Senator because I misunderstood what you were saying. As

3 far as sending them on down to my office, the Speaker is

4 right.

5

You see, these come down and I get them one time,

6 a cardboard box they're stacked on, then they have to go over

7 to the Secretary of State's office. I have no way of storing

8 these bills at all during the session.

9

It doesn't mean that we don't have the opportunity

10 to see them, because we have copies of the bills, but as far

as the originals, they have to be in a place of safekeeping,

and the Secretary of the Senate and the Clerk are in a much

better position to do this.

SENATOR KIDD: Maybe we could buy you a cabinet to

keep them in.

GOVERNOR BUSBEE: I've looked at some of your

conference rooms, and I've looked at mine; I doubt that I

18 would ever have the security you'll have any more than I do

19 in the conference room.

20

SENATOR BALLARD: Mr. Chairman.

21

GOVERNOR BUSBEE: Senator Ballard.

22

SENATOR BALLARD: What about these local bills?

23 Are we still going -- is the Governor still going to be able

24 to veto these local bills that have referendums on them which

25 was our local constitutional amendments which now we're going

PAGE 93

to do by law and have a referendum on them? Is the Governor

2 going to have the authority to veto those bills?

3

That's what's got me nervous.

4

GOVERNOR BUSBEE: We don't have the local

5 constitutional amendments in there.

6

A VOICE: Look at Paragraph XIV.

7

GOVERNOR BUSBEE: Charlie just said we don't have a

8 provision for it now, and Charlie was just making the state9 ment when we come to it that will be dropped I think. It 10 doesn't come up here.

MR. HARRIS: Mr. Chairman, as I understand Senator

Ballard's question, in view of the fact that local constitu-

tional amendments have been eliminated and these were

provisions in the past where local constitutional amendment

would allow a county to change its homestead exemption for

instance, and the question he's asking is now that local

constitutional amendments are gone which you previously have 18 not been able to veto, will you be able to veto local acts 19 to which referenda are attached where they substitute for 20 previous local constitutional amendments.

21

Is that not the question, Senator?

22

SENATOR BALLARD: Tnat's the question. That's what

23 I want to know.

24

SENATOR KIDD: Mr. Chairman, did not the Speaker

25 state at the time that this was brought up that we would put

PAGE 94

into the constitution that any local bill that carried a

2 referendum, that you would not have the right to veto it?

3

SENATOR BALLARD: That was my understanding.

4

GOVERNOR BUSBEE: The way this got started, Senator,

5 was back early on on the constitution when you still had local

6 constitutional amendments.

7

Charlie Tidwell and some of the counsel talked with

8 some of you -- not particularly you, but I know with

9 Legislative Counsel and some of the other people about the

10
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Governor having the right to veto local constitutional amendments, and at the same time you put a provision in here that the legislature not only on just local acts but on general acts and all be able to override the Governor's veto during the session. That's what we've just passed there.
You have done away with the local constitutional amendments, and so I don't think that comes into play at this time.

18

SENATOR KIDD: That still doesn't answer what we

19 were told, though, Governor. The Speaker definitely told us

20 that he would see that it was put in this constitution if we

21 went along with removing local constitutional acts in order

22 to eliminate the size of the ballot, that if we would put in

23 here that any local legislation that carried a referendum

24 the Governor could not veto it.

25

SPEAKER MURPHY: I didn't make no such statement

PAGE 95

as that. I ain't got no objection to it.

2

REPRESENTATIVE COLEMAN: Governor, there was a verba

3 agreement in the first or second meeting we had whereas we

4 gave up the local constitutional amendment so that in lieu

5 of that if it was a local law and a referendum attached to it

6 that the Governor wouldn't have the power to veto it.

7

SENATOR BALLARD: That's it.

8

REPRESENTATIVE COLEMAN: I think if you went back

9 and looked at the minutes you would find that in the first or

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second meeting we had. SPEAKER MURPHY: That may be true. I don't know. SENATOR BALLARD: That's what I was raising hell
about. GOVERNOR BUSBEE: I don't know what the Speaker
agreed to. REPRESENTATIVE COLEMAN: You agreed too, Governor . GOVERNOR BUSBEE: About having given you the right

18

for you to over --

This doesn't affect me, Terry.

19

I'm just saying this, it's a sizeable thing to give

20 up as far as this balance of power what you now have in a

21 constitutional veto. This gives you an effective way to

22 override the Governor's veto.

23

As a part of that process in balance of power we did

24 discuss when we had local constitutional amendments that you

25 would have a right to veto local constitutional amendments

PAGE 96

which never came up, it's never been discussed because you

2 took it out.

3

REPRESENTATIVE COLEMAN: Mr. Chairman, my under-

4 standing is that the veto was not involved except that

5 whenever we talked about a abolishing -- the staff talked

6 about the ease to make the constitution simpler, to abolish

7 the process of local constitutional amendments that the

8 agreement was understood on my behalf that you all would

9 that we would go along with a no veto if a referendum was

10
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attached to a local bill. SPEAKER MURPHY: I think that's correct, but if it
affects our tax structure we're going to try to -- As I understand it what we've agreed, Marcus and I and some of us have talked about it many times, that on these homestead exemptions it's causing all sorts of frustrations and that would be general legislation and everything needs to be uniform.

18

REPRESENTATIVE COLEMAN: This was not the problem,

19 this was as far as the structure of the government and other

20 things.

21

GOVERNOR BUSBEE: Let me say this. I know what the

22 concern is. You have political concerns there where you can

23 pass local legislation, get a referendum and pass it.

24

I don't think you have a situation but two or three

25 times maybe in four or five years, but you do have the

PAGE 97

situation where you have a local constitutional amendment

2 today that completely frustrates your tax system in the state

3 and so forth. You need -- and I don't know how to tell you

4 to address it, I won't be here, but you need to be able to

5 address those situations in which you have it.

6

I hate to callout the name of any county, but you

7 know yourself looking back there's been two or three

8 constitutional amendments that have been passed or attempted 9 to have been passed that not only affect that county actually 10 but it indirectly affects you at the state level.

I don't know how to tell you to address it, but you

need to protect that. That's the only concern I have. I'm

not interested in local city limits expansions with a

referendum.

SENATOR BALLARD: Governor, what you're talking abou

can be taken care of, and we have done it in the Senate many

times, they can be made general bills by the President or

18 the Speaker; they can assign them to a general committee

19 instead of a local committee.

20

GOVERNOR BUSBEE: That's about like the signatures 0

21 the Lieutenant Governor and the Speaker, though, on these

22 local bills. These inundate the Lieutenant Governor and the 23 Speaker with these things coming through, and you don't 24 discover this until after you go home and somebody's got a 25 local constitutional amendment passed that's going to

PAGE 98

indirectly affect you statewide.

2

I don't know how to tell you to address it, but you

3 ought to at least protect your tax rolls and your tax digests

4 in some of these homestead things that they've done that do

5 have adverse effects on you.

6

I don't know how to tell you to do it, but you need

7 to have some safeguard in the constitution I think.

8

SENATOR BALLARD: I would like to make a motion to

9 do what we were told, and if you remember when I stood up

10
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there and argued about this very thing I said you need to know what horse you was going to ride before you deal with the horse you're riding, and this is exactly the way we've come back into it, and that's why I was so interested in this legislative session because I thought that's what the Speaker was talking about.
I would like to make a motion that we have counsel to draft an amendment to this section that local bills such

18 as would have previously been local constitutional amendments

19 which carry a referendum cannot be vetoed by the Governor

20 and let the people in that area do their own vetoing.

21

SENATOR REYNOLDS: That was agreed on.

22

~OVERNOR BUSBEE: Let me ask you -- I think I agree

23 with the Senator. I'm not interested in your routine

24 legislation, but I think that what you're talking about where

25 that would have an adverse impact outside of that county is

PAGE 99

what you're talking about like on the tax digest or something

2 like that.

3

SPEAKER MURPHY: I think we're all agreed, Governor,

4 that we do not want you to veto local legislation that does

5 not affect the state tax structure, but any time you change

6 a homestead exemption it affects the state's tax structure.

7

GOVERNOR BUSBEE: This is one of the big concerns

8 we've had.

9

SPEAKER MURPHY: And that ought not be done by local

10
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people. GOVERNOR BUSBEE: Do you want the staff to try to
perfect something like you're saying, Senator? A VOICE: Hazardous waste too. SENATOR BALLARD:' Let's see if this group is
interested in it. If they're not interested in it -GOVERNOR BUSBEE: You have heard the Senator's
proposal that we get staff tonight before we meet tomorrow--

18 and we're going to finish this article today before we go

19 today if we can humanly do it, but is there any objection to

20 doing what the Senator suggests and see if we can come up

21 with something that will safeguard the state in this process

22 and come back to you tomorrow?

23

SENATOR BARNES: Let me ask you this. Let me ask

24 one question.

25

GOVERNOR BUSBEE: All right. Senator Barnes.

PAGE 100

SENATOR BARNES: Did we not prohibit any local

2 constitutional amendments?

3

GOVERNOR BUSBEE: Yes. That's what his concern is,

4 because you then come back and give a lot broader authority

5 to things that you ordinarily would have had in the

6 constitution, and by doing this what Senator Ballard is

7 saying, and his point is well taken, is that effectively the

8 Governor could veto these things whereas he can't veto a local 9 constitutional amendment.

10

~

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SENATOR BARNES: You're not going to have any local constitutional amendments.
GOVERNOR BUSBEE: What he's saying is that the Governor then would be able to veto things where you have a referendum that previously would have been a local constitutional amendment.
SENATOR BARNES: That's not what this says right here. This says a local constitutional amendment which is not

18 general. There's not going to be any that's not general.

19

SPEAKER MURPHY: He's wanting a provision in there

20 to prohibit the Governor from vetoing local bills that has a

21 referendum on them.

22

I've got no problem with that as long as it don't

23 affect the state tax structure.

24

SENATOR BARNES: I'm with you.

25

GOVERNOR BUSBEE: Is there objection to having them

PAGE 101

come back with some language tomorrow to protect at least

2 your state tax system on this?

3

All right. The staff, another assignment. Any

4 objection?

5

If not, let's proceed.

6

Wait. That's ,Paragraph XIII, is that correct?

7 Now, have we adopted the technical amendment?

8

SPEAKER MURPHY: There's one other thing Mr.

9 Collins has brought to my attention that needs to be

10 protected in this amendment too. We sure don't need no

local constitutional amendments for pari mutuel betting;

we don't need that, we don't need none of that sort of

business, and I think I know where one gentleman is going

to, and we sure don't need that.

GOVERNOR BUSBEE: I think you see some of the

dangers that you have. You need to put some safeguards in

for some people that might -- whether it was pari mutuel

18 betting or what, you need to have some safeguards on this.

19

MR. HARRIS: Mr. Chairman, may I throw this out as

W a suggestion?

21

If you will recall, when we discussed the topic of

22 local constitutional amendments, we furnished -- the staff

23 furnished the seven major areas that had resulted in local

24 constitutional amendments during the last 20 years. They

25 related to homestead exemptions, development authorities,

PAGE 102

changes in the board of education method of selection or the

2 selection of the school superintendent, and what we had

3 related to you at that time was that in these seven major

4 areas that had resulted in so many local constitutional

5 amendments that as we got to those specific sections within

6 this new constitution you would be permitted by local act

7 accompanied by a referendum to make those changes that you

8 had previously been proposing as local constitutional

9 amendments.

10
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And the subject did come up in that discussion with respect to protecting the members of the General Assembly from veto by the Governor in those selected areas where constitutional amendments had previously been used, and my thinking would be that instead of permitting the General Assembly to bypass a veto by passing any local act it wants to then putting a referendum on it, that the absence of veto power be applicable only in those areas that this constitution

18 is basically taking away from you.

19

This would eliminate the fears expressed by the

20 Speaker with respect to local referenda on pari mutuel betting

21 because that was not one of those that was subject to so much

22 change in the past, and this is the direction that staff

23

would like to go in so long as that is the way that this group

24 wants to go, and I caution you on it, though, that there may

25 corne a time when you would have wished that the Governor

PAGE 103

could have the power of veto on local acts because I have

2 known of instances where the Governor has been requested to

3 veto local acts when the authors discovered they had made a

4 substantial error in passing them in the first place, but

5 that is a matter that addresses itself to you.

6

GOVERNOR BUSBEE: Let me throw several examples

7 out to you, and again I can't conceive of anybody -- you

8 know, you don't have this much in the way of local legisla-

9 tion that's vetoed, but I think if you're going to put it in

10
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and be able to give the legislature all these powers to pass many things that would have been by constitutional amendment that you ought to take into consideration without any type veto or any way the state could protect its interest that you ought to put in such things as pari mutuel betting, that's one good one.
All right. The second thing that you have is a payroll -- not a payroll development, but a development

18 authority. We have just had come to my attention something

19 that was passed as a constitutional amendment and supersedes

20 all of your general laws and gives the right of eminent

21

domain as to where you have in one county a corporation that

22 is given the power of this county to condemn not only there

23 but also in another county.

24

All th~s comes up, but when you pass these local

25 constitutional amendments that have this affect, they could

PAGE 104

be somewhat disasterous to somebody other than that county,

2 but certain things like that you ought to consider I think

3 as you throw this wide open.

4

SENATOR HOLLOWAY: Governor, either I don't under-

5 stand or you've lost me completely. Are you saying that

6 we're going to eliminate local constitutional amendments and

7 that we can change the constitution as is now written by a

8 referendum back home?

9

GOVERNOR BUSBEE: No, only in these areas.

10
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SENATOR HOLLOWAY: The constitution says you can't gamble anyhow, and you can't by local referendum change the constitution, can you?
GOVERNOR BUSBEE: I don't know that you can do the pari mutuel. I'm just giving this as an illustration of a type thing that you could do by local constitutional amendment that you need to consider those things
SPEAKER MURPHY: You can sure change the tax

18 structure.

19

GOVERNOR BUSBEE: All right. Senator Reynolds.

20

SENATOR REYNOLDS: Mr. Chairman, what would be the

21 status of a local bill that had statewide impact such as a

22 homestead exemption that was passed, you say you couldn't

23 veto it for Gwinnett County or whatever county it might be,

24 what would be the constitutionality of that bill if it had

25 statewide impact such as homestead exemptions under this

PAGE 105

document we're considering?

2

GOVERNOR BUSBEE: You couldn't veto it.

3

SENATOR REYNOLDS: What would be the constitu-

4 tionality of it? Would it be constitutional?

5

MR. HARRIS: It would be constitutional, because

6 when we get to that section you are permitted by local act

7 accompanied by a referendum to change homestead exemptions.

8 That's doing away with the old local constitutional amend-

9 ment and broading your authority to do it be an act

10 accompanied by a referendum. It's one of those seven areas.

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If it's the consensus of this group that it does not wish the Governor to have the power to veto on thise selected broadened areas that are taking the place of previous local constitutional amendments, we'll try to draft something, but we need direction from this group.
GOVERNOR BUSBEE: I think we're getting into a discussion here -- we have a motion that the staff try and

18 perfect something that will safeguard the state's interest

19 in this thing and exclude it from veto, so with that is there

20 any objection to having them report back tomorrow on that?

21

If not, we will so proceed.

22

All right. The next paragraph is Paragraph XIV.

23

MR. HILL: Paragraph XIV was a recommendation by

24 the Article III committee that the Governor be able to veto

25 local amendments, and so this is really made moot by what

PAGE 106

has already transpired and Paragraph XIV can be just deleted.

2

GOVERNOR BUSBEE: All right. It should be deleted,

3 it's not necessary now.

4

A VOICE: So moved.

5

GOVERNOR BUSBEE: The motion is made that Paragraph

6 XIV be deleted. Is there a second?

7

A VOICE: Seconded.

8

GOVERNOR BUSBEE: Discussion? If not, is there

9 objection? Hearing none, it's deleted.

10

That takes us to Section VI.

SPEAKER MURPHY: Before we go to Section VI, on page

5, Paragraph XI, I would like to ask that we reconsider that

the viva voce vote section and change that to record vote,

change viva voce to record vote where all elections by

either house of the General Assembly shall be record votes.

Does everybody understand what we're talking about?

A VOICE: Recorded votes.

18

SPEAKER MURPHY: Recorded votes.

19

A VOICE: Where are you at now?

20

GOVERNOR BUSBEE: On page 5 in the middle of the

21 page, it would provide that all elections by either house of

22 the General Assembly shall be by recorded votes and the vote

23 shall appear on the respective journal of each house.

24

There's been a motion made first to reconsider. Is

25 there objection to reconsidering? Hearing none, it's

..

._ ._._ _.

__..

--J

PAGE 107

reconsidered.

2

The motion is that Paragraph XI be amended. Is

3 there a second to the motion to amend?

4

A VOICE: Seconded.

5

GOVERNOR BUSBEE: All right. Senator Holloway.

6

SENATOR HOLLOWAY: As a precaution, that could no

7 way apply to a meeting of a caucus to elect officers?

8

MR. HARRIS: No, sir.

9

GOVERNOR BUSBEE: That has the same meaning

10 actually; you're just taking the Latin out.

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SPEAKER MURPHY: I'm just trying to put it in there where us ordinary folks can understand it.
GOVERNOR BUSBEE: All right. The motion is made and

! 14 I'-" :I:
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seconded. Is there discussion? Senator Thompson. SENATOR THOMPSON: Just one other question.
if the machine is busted

What

18

A VOICE: C~ll the roll.

19

GOVERNOR BUSBEE: That's recorded.

20

All right. The motion is made and seconded. Is

21 there discussion?

22

All right. Senator Ballard.

23

SENATOR BALLARD: We're saying that in the election

M of officers for either house --

25

GOVERNOR BUSBEE: We're not making any change in

PAGE 108

that. He just wants to change the words viva voce to

2 recorded vote, which means the same thing.

3

SENATOR BALLARD: All right.

4

GOVERNOR BUSBEE: There's no change in language;

5 it's just taking it out and putting it in.

6

SPEAKER MURPHY: I just wanted to change the Latin

7 to English is all I wanted to do.

8

GOVERNOR BUSBEE: Representative Lee didn't under-

9 stand what those words meant.

10

All right. The motion is made and seconded. Any

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11 j: further discussion?

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If not, all those in favor of the amendment say aye. (Ayes. )

! 14 I'"<I( :r
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GOVERNOR BUSBEE: All opposed. Unanimously adopted. All in favor of Paragraph XI as amended say aye. (Ayes. ) GOVERNOR BUSBEE: All opposed. It's unanimously

18 adopted.

19

Let's go.

20

MR. HILL: Section VI is on exercise of powers, and

21 this section was subject to extensive revision.

22

GOVERNOR BUSBEE: That's on page 10 for those that

23 were asking.

24

MR. HILL: Page 10, line 26.

25

The underlying premise of the committee in working

PAGE 109

with this section was that the State of Georgia possesses

2 all powers of government not otherwise prohibited, and that

3 a state constitution is a power-limiting rather than a power-

4 granting document. That was the philosophy that guided the

S work.

6

Paragraph I is the necessary and proper clause,

7 and it was felt to encompass the specific powers of eminent

8 domain and the police power, powers which have historically 9 been reserved to the state government. Because they were

10 considered inherent, the specific enumeration of these two

powers was omitted from this revised draft.

REPRESENTATIVE PINKSTON: Move its adoption.

LT. GOVERNOR MILLER: Is there a motion?

REPRESENTATIVE LEE: Moved.

LT. GOVERNOR MILLER: There is a motion. Is there

a second?

A VOICE: Seconded.

18

LT. GOVERNOR MILLER: All those

Is there

19 objection? No objection, it's adopted.

20

Paragraph II.

21

MR. HILL: Because of the fear that the courts might

22 not construe the necessary and proper clause as broadly as

23 the committee and the General Assembly intended, the committee

24 consolidated into one paragraph all of the following specific

2S powers.

PAGE 110

Now, this is a long paragraph. You will see it

2 begins on page 11, it takes up all of page 11 and some of

3 page 12, and I want to go through each of these specific

4 powers in turn so you can see what's happened.

5

In Subparagraph (1) restricting land use, this has

6 been taken without change from Section VIII, Paragraph III(a)

7 of the present article. It was felt the specific power should

8 remain in the constitution to preserve the state's right and

9 authority over land use with respect to the envi~onment,

10 natural resources and vital areas of the state.

11 Cz~l

LT. GOVERNOR MILLER: Any question?

.'o."....

12 ~

MR. HILL: All right. Paragraph (2) of the para-

~w-- ~ graph involves the militia. Excess verbiage was dropped from

14 > the present provision and the provision dealing with

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15 .:l nonjudicial punishment was retained.

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LT. GOVERNOR MILLER: Let's cut out the noise over

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17 here on the Senate side, especially the guy with the bright

18 coat.

19

Go ahead.

20

MR. HILL: Paragraph (3), participation by the state

21 in federal programs. This is a very important provision

22 because we have had to amend the constitution four or five

23 times to give the General Assembly specific authority to take

24 part in a federal program, and this language was added to

25 allow the General Assembly to participate in these federal

PAGE 111

programs, comply with federal law and eliminate the need for

2 a new amendment every time there's a new federal program

3 that we would want the state to be involved in.

4

LT. GOVERNOR MILLER: Any question?

5

MR. HILL: There is an important addition down here

6 in that the General Assembly is given the authority to

7 participate in federal programs and are given the powers,

8 including but not limited to the powers to tax, spend public

9 money, condemn property and zone property in order to comply

10 with the federal programs.

LT. GOVERNOR MILLER: Senator Stumbaugh.

SENATOR STUMBAUGH: Is this authority to zone

strictly related to compliance with the federal laws?

In other words, I don't want the state in the zoning

business, frankly.

MR. HARRIS: No, this -- basically this

If you

remember the Lady Bird Johnson amendment where we had to

18 amend the constitution with respect to highway beautification,

19 an act was passed which was declared unconstitutional, then

20 we amended the constitution to put the whole act in it, and

21 there were several other amendments necessary to permit the

22 state to participate in federal programs.

23

This broad grant to the General Assembly would permit

24 you as programs might arise in the year 2000 that you select

25 to participate in to do it without further amending the

PAGE 112

constitution, but the zoning restriction is confined to the

2 need to zone as there was in the Lady Bird Johnson situation

3 only to participate in the federal program.

4

LT. GOVE~~OR MILLER: Any other questions?

5 Representative Pinkston.

6

REPRESENTATIVE PINKSTON: In relation to this,

7 aren't we faced with the same thing back up in Section (1),

8 restrictions about land use in order to protect and preserve

9 and so forth vital areas? Isn't that a form of zoning in

10 that section too?

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11 i=

MR. HARRIS: That is taken right out of the present

@;;..'o".... constitution. REPRESENTATIVE PINKSTON:

It may be, but it's still

! 14 zoning, isn't it, land use?

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MR. HARRIS: For the purpose of preserving and

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16 .~.. protecting natural resources, the environment and vital areas

Q

17

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if

you

so

declare

them

to

be.

18

REPRESENTATIVE PINKSTON: Vital can mean almost

19 anything.

20

MR. HARRIS: The Reed-Harris Marshlands Bill would

21 fit in this category.

22

REPRESENTATIVE PINKSTON: It would take a lot of

23 property away from a lot of people in the state down on the

24 Coast.

25

LT. GOVERNOR MILLER: Any other questions?

PAGE 113

Go on to (4).

2

MR. HILL: (4)is the power to' provide for the

3 exercise of emergency powers, and the committee felt that this

4 specific power had to be enumerated since it cuts across

S traditional constitutional restrictions on the exercise of

6 powers by the General Assembly, and it was taken from

7 Article III, Seetin XII of the present constitution and

8 revised to clarify and state more concisely what's in there.

9

LT. GOVERNOR MILLER: Any question?

10

Go on to (5).

MR. HILL: Paragraph (5) was necessitated by the

deletion of the specific authorization in Article IV, Section VII which we'll get to tomorrow, and by concern that without a specific grant of authority of this kind participation by the state in such programs might be held to be a violation of the gratuities prohibition.
Now, just out of an abundance of caution the 18 committee decided to include Subparagraph (b) which is a 19 delineation of the statement of those, really a reference 20 back to those federal programs that are listed in the present 21 constitution to assure that your authorization to participate 22 in those particular federal programs where you had to have 23 special constitutional amendments for would continue under 24 the new constitution. It really is an abundance of caution 2S that caused this to be added, and this had to be amended, or

PAGE 114

will have to be amended editorially to reflect the new

2 timetable. It will have to say in force and effect on June

3 30, 1983 on page 12.

4

LT. GOVERNOR MILLER: Any questions?

5

Is there a motion to adopt?

6

A VOICE: Moved.

7

LT. GOVERNOR MILLER: There is a motion. Is there a

8 second?

9

A VOICE: Seconded.

10

LT. GOVERNOR MILLER: Is there objection to the

adoption of Paragraph II?

There is objection?

All those in favor of the adoption of Paragraph II

rise, stand and be counted.

(A show of hands.)

LT. GOVERNOR MILLER: Reverse your position.

(A show of hands.)

18

LT. GOVERNOR MILLER: 17 to three on the House side;

19 16 to one on the Senate side. It's adopted.

20

Paragraph III.

21

MR. HILL: Paragraph III is a new statement. The

22 committee decided that a specific statement should be included

23 prohibiting the General Assembly from ever abridging its own

24 inherent powers and prohibiting the courts from doing so througl

25 case law. A concept of this kind is presently embodied in

PAGE 115

Paragraphs II and III of Section VIII relating to eminent

2 domain and police power which I mentioned were specifically

3 not included, but the intention of those paragraphs is

4 reflected in Paragraph III.

5

LT. GOVERNOR MILLER: Is there a question? There is

6 a question. Representative Coleman.

7

REPRESENTATIVE COLEMAN: Doesn't Paragraph III and

8 Paragraph I say basically the same thing in that sentence?

9

MR. HARRIS: Paragraph I in effect says the General

10 Assembly has all the power that it doesn't -- that it's not

restricted from utilizing, and Paragraph III says that you

shall not abridge your own powers.

SPEAKER MURPHY: Wnat Paragraph III is we won't pass

a law saying we can't do what the constitution says we can.

That's basically what it says.

LT. GOVERNOR MILLER: Any other questions?

Is there a motion?

18

A VOICE: Moved.

19

A VOICE: Seconded.

20

LT. GOVERNOR MILLER: There is a motion, there is a

21 second.

22

Is there objection to the adoption of Paragraph III?

23 There is no objection, Paragraph III is adopted.

24

Paragraph IV.

25

SPEAKER MURPHY: I'll have to say, Governor, that

PAGE 116

since we are trying to shorten the constitution that sounds

2 to me like a paragraph that could be eliminated to shorten

3 the constitution.

4

REPRESENTATIVE COLEMAN: It sure does.

5

MR. HILL: Paragraph IV was considered by the

6 Article III committee, and there were a number of changes in

7 this paragraph recommended by the Article IX committee.

8

Now, when we were working on Article IX I indicated

9 that we would consider those changes when we got to this

10 point, and we're here now, so I would like to point out what

1.7

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the Article

IX committee

is recommending for Subparagraphs

(a)

@;~ and (b).

Subparagraph (a), the Article IX committee was

! 14 recommending that there be an exception added to the end of

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17 :

Laws of a general nature shall have uniform opera-

18 tion throughout the state. No special or local law shall be

19 enacted in any case for which provision has been made by

20 general law, and existing general law, except that the General

21 Assembly may be general law authorize local governments by

22 local ordinance or resolution to exercise police powers which

23 do not conflict with general law.

24

Now, the reason why the Article IX committee

25 recommended that is to allow concurrent jurisdiction in

PAGE 117

certain police power matters of localities in the state,

2 and without that addition, without that change in this section

3 that would not be allowed.

4

LT. GOVERNOR MILLER: Representative Burruss.

5

REPRESENTATIVE BURRUSS: Is the change in the packet

6 that we have?

7

MR. HILL: It's in your Article IX package. I'm

8 sorry it's not in your Article III package.

9

LT. GOVERNOR MILLER: Any other questions?

10

REPRESENTATIVE BURRUSS: State again what it does.

~

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MR. HARRIS: Laws of a general nature shall have

0-

12 ~ uniform operation throughout the state, and no local law shall

~--- ~ be enacted in any case for which provision has been made by

! 14 t- an existing general law, except that the General Assembly may '"<C( ::t 15 ~ by general law authorize local governments by local ordinance
'";;;) 16 '~" or resolution to exercise police powers which do not conflict
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17 :i with general laws.

18

LT. GOVERNOR MILLER: Any other questions?

19

A VOICE: Move the adoption of the proposed amendment

20

LT. GOVERNOR MILLER: Is there a second?

21

A VOICE: Seconded.

LT. GOVERNOR MILLER: Is there objection?

23

If there is no objection, it's adopted.

24

MR. HILL: There was another significant change

25 recommended by the Article IX committee in (b). The Article II

PAGE 118

comm~ttee was apprised of the problem of population bills,

2 and they attempted in their draft to address this problem

3 with the understanding that the Article IX committee would

4 attempt to do a more comprehensive job when they got there,

5 so the Article IX committee has a recommendation which we

6 postponed about population bills, and this too is in your

7 Article IX package but it's not in your Article III package,

8 and I'll have to read this to you, and you may want to defer

9 this until tomorrow when I can have more copies ready unless

10 you have your Article IX material.

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11 ~

LT. GOVERNOR MILLER: Senator Brown.

@;i..'o."... SENATOR BROWN: Is there any reason for having them in two different places in the constitution? We don't need

~ 14~' them in Article IX and Article III too.

~

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15 ~

MR. HILL: They were not put in Article IX. The

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17 in Article III, so they won't be duplicated.

18

The proposal of" the Article IX committee is the

19 following with respect to population bills:

20

No population bill as the General Assembly shall

21 define by general law shall be passed. No bill using

22 classification by population as a means of determining the

23 applicability of any bill or law to any political subdivision

24 or group of political subdivisions may expressly or impliedly

25 amend, modify, supersede or repeal the general law defining a

PAGE 119

population bill.

2

And then the committee also had a proposed statute

3 to do this that would specify what a population bill was and

4 what it did not include.

S

So it may be necessary before you can approve this

6 to see the entire population bill proposal. As I say, that

7 was in the Article IX material.

8

A VOICE: I move we postpone this until tomorrow.

9

LT. GOVERNOR MILLER: There's a motion to postpone.

10 All those in favor of the motion to postpone say aye.

(Ayes. )

LT. GOVERNOR MILLER: Those opposed. It's postponed.

A VOICE: You'll have a set tomorrow, Mel?

MR. HILL: You have it in your materials, but I'll

have another copy ready for you.

LT. GOVERNOR MILLER: Continue.

MR. HILL: In Subsection (c), no special law

18 relating to the rights or status of private persons shall be

19 enacted. That is the last subparagraph of Paragraph IV.

20

A VOICE: Move its adoption.

21

LT. GOVERNOR MILLER: Is there a second?

22

A VOICE: Seconded.

23

LT. GOVERNOR MILLER: Is there objection to the

24 adoption of Subsection (c)? If there is no objection,

2S Subsection (c) is adopted.

PAGE 120

Paragraph V.

2

MR. HILL: All right. The other specific limitations

3 on the exercise of legislative powers are being consolidated

4 in Paragraph V of this section, and these limitations are now

5 set forth respectively in Paragraphs V, VI, VIII and IX of

6 Section VIII of the present article.

7

They have undergone minor editorial revision, but

8 essentially they have just been put together in this place

9 from the present constitution.

10

LT. GOVERNOR MILLER: Any questions?

Is there a motion?

A VOICE: Moved.

LT. GOVERNOR MILLER: Is there a second?

A VOICE: Seconded.

LT. GOVERNOR MILLER: There is a second. Is there

objection to the adoption?

The Chair hears none. Adopted.

18

MR. HILL: All right. Paragraph VI on gratuities is

19 a significant change from the present constitution, and Robin

W will address it.

21

MR. HARRIS: As you are probably aware, it has been

22 necessary to amend the constitution to permit the Department

23 of Industry and Trade to buy lunches for visiting business-

24 people who are in town considering locating businesses here,

25 and the gratuities is a very, very jealously guarded and

PAGE 121

rightfully should be provision in the constitution to

2 prohibit the General Assembly from giving away the assets of

3 the state based on whim, and this protection in the past has

4 relied upon the prohibition by the constitution, but it has

5 been amended on I think some nine occasions.

6

It's an area that is of grave concern, and during

7 the course of the committee deliberation the thought was put

8 forward that the most effective method of preventing the 9 General Assembly from granting gratuities was the spotlight

10 of publicity, so in order to eliminate the need to amend the

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constitution

from

time

to

time

as

it develops

that as

it has

in the past that gratuities have been wanted to be given, it

was felt that to go a slightly different direction and provide

! 14 !:;z;: that no gratuity could be given unless it was passed by a
15 ~ two-thirds majority of the members of the General Assembly of
"~ '"
16 ~... each house and signed by the Governor in two successive Q z

= 17 legislative sessions, and this would be if the Governor vetoed

18 it one of those that would not be subject to override.

19

The feeling of the committee was that if in a given

20 year, 1982, the General Assembly passed a law that amounted to

21 a gratuity, that the ensuing publicity that would be generated

22 between that session and the next session was a stronger

23 safeguard against raids on the treasury than the simple 24 ability of the General Assembly to pass a proposed

25 constitutional amendment and have it voted on at the next

PAGE 122

1 general election which might not receive any publicity.

2

The Attorney General does not agree with this

3 proposal. He has not authorized me to say that, he just doesn'~

4 agree with it. He has said that to me.

S

It is a matter that addresses itself to you in your

6 safeguarding of the public treasury against gifts and grants.

7 Is it better to retain what we now have that's been amended

8 some seven to nine times, or is it better to subject the

9 General Assembly and the Governor to the pressures that would

10 be placed on them by the need to pass it in two successive

sessions by a two-thirds majority and approved by the

Governor in both instances?

It's simply a matter that addresses itself to you.

It is a novel -- to me it was a novel idea that the committee

came up with. It may not be what you want to see.

GOVERNOR BUSBEE: Mr. Clarke.

JUDGE CLARKE: Let me say this on behalf of the

18 committee. The committee's intent in doing this was an

19 attempt to balance the need for some safeguard against raids

20 on the treasury on the one hand and the desire to avoid

21 unnecessary amendments to the constitution on the other.

22

One of the basic reasons for having a new

23 constitution is not to clutter it with amendments relating to 24 isolated subject matters, and it was really the feeling of

2S the committee that the safeguards imposed here would be

PAGE 123

absolutely adequate to protect the public in that 0ver the 2 two-year period the public would know and the pressures on 3 the members of the General Assembly would be such that there

4 would not be things which were patently unwise.

5

GOVERNOR BUSBEE: All right. We need a motion on

6 this or we can continue with discussion if you want to depart 7 from parliamentary procedure.

8

Any other discussion on this?

9

Senator Holloway?

10

SENATOR HOLLOWAY: In effect this lets the legisla-

ture amend the constitution.

MR. HARRIS: No. The constitution is granting to the legislature the right to give gratuities by following a specific method.

Now, if you would look beginning on page 27 you will find four pages -- I mean page 32, I'm sorry, the penciled

note 32, you will find four pages that reflect the current 18 provisions that -- First it says you shall not grant a 19 donation or gratuity, then it says you can provide $250,000 20 for the first oil well, then it says you're authorized to 21 provide for granting of funds to a county which has 20,000 22 acres at least from which the county receives no taxes, 23 then you're authorized to provide indemnification for death, 24 personal injury or property damage sustained in preventing 25 the commission of a crime, and then you're authorizing the

PAGE 124

Department of Industry and Trade to buy business meals,

2 then you're authorized to provide for indemnification with

3 respect to the death of law enforcement officers, firemen,

4 prison guards and so forth.

5

In Subparagraph (8) you're authorized to provide

6 for the gratuitous transfer of books. There are two

7 Paragraphs (9) by the way because it was amended in separate

8 years and misnumbered for innocent victims of crime and for

9 health insurance plan for retired public school teachers.

10

The committee is simply suggesting to you that there

11

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be

a

better way

to

address

these

issues

in

the

future,

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@;i and if you try to bear in mind that we're talking about hopefully a document that governs this state in the year 2000

! 14 or 2020 they tried to corne up with the idea that maybe there

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17 ~

All the present ones are grandfathered in, by the

18 way.
19

GOVERNOR BUSBEE: Senator Greene.

20

SENATOR GREENE: I move the adoption of the proposed

21 language.

22

A VOICE: I second it.

23

GOVERNOR BUSBEE: The motion is made and seconded

24 that the proposed language by the article committee be adopted.

25

Representative Burruss.

PAGE 125

REPRESENTATIVE BURRUSS: Mr. Chairman, I move that

2 we amend the present proposal by beginning on line 19, page 13,

3 and just end the section with a period after the word

4 "person" and strike everytl1ling down through line 26, leave

5 it basically as it is in the constitution.

6

SPEAKER MURPHY: What are you doing to do with all

7 those exemptions people put in there before?

8

REPRESENTATIVE LEE: They're leaving them in there.

9

REPRESENTATIVE BURRUSS: It's my understanding that

10 would be in Subparagraph (b). If that's not correct--

SPEAKER MURPHY: You want to leave Subparagraph (b)?

REPRESENTATIVE BURRUSS: Yes, sir. I said striking

through line 26.

GOVERNOR BUSBEE: Give us the language again that

you want to strike by line.

REPRESENTATIVE BURRUSS: Beginning on line 19 after

the word "person" strike "except pursuant to a general law

18 authorizing a particular donation or gratuity serving the

19 public interest adopted in any two successive regular sessions

20 upon the affirmative vote of two-thirds of the members to

21 which each house is entitled and approved by the Gov~rnor

22 within 30 days after it has been presented to the Governor

23 in each such session. Any such law may be repealed in the 24 same manner as other laws."

2S

What I'm attempting to do, Mr. Chairman, is to

PAGE 126

retain the present prohibition against gratuities and to

2 reject the proposal of the committee to change the method of

3 doing that.

4

REPRESENTATIVE LEE: Question.

5

GOVERNOR BUSBEE: All right. Let me see if I under-

6 stand what you're proposing. Then I will recognize anyone

7 else that wants to be heard on it.

8

What you are doing is removing that provision whereby

9 you could extend additional gratuities with two successive

10 sessions.

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All right. Now, you would retain by your motion

@ ; j those gratuity exceptions that are already in there like the retirement and things like this that are presently exempt

! 14 ... which are listed on page 27 without that having to be

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15 011 written in the constitution. Is that correct?

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16 ~...

REPRESENTATIVE BURRUSS: Yes

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17 :

GOVERNOR BUSBEE: All right. Now

18

REPRESENTATIVE LEE: Question.

19

GOVERNOR BUSBEE: Representative Lee.

20

REPRESENTATIVE LEE: The effect of his motion would

21 cut them off after those we presently have; is that what it

22 is?

23

GOVERNOR BUSBEE: As I understand the motion --

24 listen to this, Representative Burruss

what you're saying

25 is all these gratuity exceptions which we now have and which

PAGE 127

have already been approved by the people in a general election

2 will be retained. The only way that you will be able to add

3 further gratuities is by amending the constitution and letting

4 the people ~ote on it. That's what your amendment does?

5

REPRESENTATIVE BURRUSS: Yes.

6

REPRESENTATIVE LEE: That's fine.

7

SENATOR HOLLOWAY: The same way the rest of them were

8 done.

9

REPRESENTATIVE LEE: Nothing wrong with that.

10

GOVERNOR BUSBEE: Senator Greene.

"z
11 j:

SENATOR GREENE: I guess, Governor, the same

'o.."....

@}~~ explanation would go, if you take the proposed language it would avoid the necessity of encumbering the constitution

! 14 with more wordy amendments, it would be done by statute but

!:z;;:

15 .:I in a very novel way.

"'";:)
16 ~...

As I see it, one of the purposes of this whole

Q

17

Z ::;

exercise

is

to

avoid

a

lot

of

amendments

constantly

to

the

18 constitution that encumber it.

19

GOVERNOR BUSBEE: But under the language the

20 difference would be under what really

21

What you're saying is if you went with the article

22 committee then you would have to readopt all these things

23 that have already been passed by the people in two successive

24 legislatures.

25

A VOICE: No ..

PAGE 128

GOVERNOR BUSBEE: Then the effect that you would

2 have is he also retains all of these under what he said;

3 you were saying that you could give gratuities without it

4 ever being voted on by the people in the future.

5

SENATOR GREENE: The future would be where the change

6 would be.

7

GOVERNOR BUSBEE: We're saying we don't give any

8 further gratuities without the people's approval is what he is

9 saying.

10

All right. That's the difference. All right. We've

e;i"z

11

i=
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got

a

substitute motion by

Representative

Burruss;

you've

got

the main motion and a substitute.

Now, then, is there a second to the substitute?

! 14 I." <:z:
15 ~
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16 ~... motion.
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A VOICE: Seconded. GOVERNOR BUSBEE: There is a second to the substitute Now, then, discussion

17 :

Is there any further discussion?

18

All those in favor of Representative Burruss'

19 amendment rise and stand until you're counted.

20

(A show of hands.)

21

GOVERNOR BUSBEE: All opposed.

22

(A show of hands.)

23

GOVERNOR BUSBEE: On the adoption of the amendment

24 the ayes in the House are 14, the nays are four; the ayes in

25 the Senate are 10, the nays are 7, and the amendment is

PAGE 129

adopted.

2

All right. Now the motion would be on the adoption

3 of that Paragraph VI as amended.

4

MR. HARRIS: Mr. Chairman, we need some literary

5 license to change the date 1981 to 1983, and perhaps make a

6 couple of modifications in Subparagraph (b) since there is

7 no as provided above above any more.

8

GOVERNOR BUSBEE: Editorial license be given along

9 the lines indicated --

10

REPRESENTATIVE LEE: They have that continuing

CzI

11

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authority.

~

UI
12 ~

GOVERNOR BUSBEE: Is there objection to this

editorial change? If not, all in favor of the

~ri! 14
..!;;

Well, is there objection to the adoption of the

:I:

15 ~ paragraph as amended?

CI

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16 ~ UI ..Q Z

There is none, it's adopted.

17 ::i

MR. EDWARDS: Governor, just on one small change

18 since they're making the editorial change in Paragraph (b),

19 the part on the Industry and Trade being allowed to buy

20 lunches as Robin mentioned is se1f-executin9., it doesn't

21 require any law. This paragraph where it says all laws

22 heretofore adopted, we need to take care of the Industry

23 and Trade.

24

GOVERNOR BUSBEE: That's an editorial change you're

25 pointing out.

PAGE 130

MR. EDWARDS: They'll need to make that change.

2

GOVERNOR BUSBEE: Frank, meet with them on that.

3

MR. HARRIS: We'll handle that.

4

GOVERNOR BUSBEE: Next paragraph.

5

Senator Holloway.

6

SENATOR HOLLOWAY: Mr. Chairman, I would like to go

7 back to page 1, qualifications of members of the General

8 Assembly. I think the House rigHiy should set its own rules, 9 but I would like to move that the Senate age be set at a

10 minimum of 25 years instead of the 21.

A VOICE: As it now is.

GOVERNOR BUSBEE: The motion is made we reconsider

our action in the adoption of Paragraph III of Section II

to put the constitution back like it is at 25 for the Senate.

Is there objection? If not, it's reconsidered.

All right. You move to put the Senate at 25?

SENATOR HOLLOWAY: I move.

18

A VOICE: Seconded.

19

GOVERNOR BUSBEE: It's seconded. Any discussion?

20

A VOICE: The Speaker wants to know about the

21 literary test.

22

(Laughter.)

23

GOVERNOR BUSBEE: All right. Is there objection?

24

SENATOR HOWARD: Object.

25

GOVERNOR BUSBEE: There is objection.

PAGE 131

All those in favor --

2

SENATOR HOWARD: Mr. Chairman, could I ask a question~

3

GOVERNOR BUSBEE: All right, discussion.

4

SENATOR HOWARD: I'm curious as to the reason for

5 distinguishing between the Senate and House in this regard,

6 and I don't see why if a person 21 can serve in the House

7 why he can't serve in the Senate. I don't understand that.

8

GOVERNOR BUSBEE: Senator Holloway?

9

SENATOR HOLLOWAY: Well, as far as I know there is

10 no objection if the House goes to 25, but my reason is that

CzI

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j:
.'o."....

I

think

there's

nothing

better than

the experience

of

living,

and to my knowledge eight senates have gone to the age of 25

in the last year or so, eight senate bodies around have gone

! 14 I- to the age of 25.

'"

:J:

15 ~

GOVERNOR BUSBEE: I've got an ask for the question.

CI

:'>"

16 .~.. Does everybody want to vote?

Q

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17 g

Any objection to ordering the previous question?

18 The Chair hears none, the previous question is ordered.

19

All those in favor of the amendment --

20

SPEAKER MURPHY: Could I say what his real reason is

21 now? His real reason is to get everybody under 25 to run for

22 the House. That's his real reason.

23

SENATOR HOLLOWAY: There's no change.

24

GOVERNOR BUSBEE: All right. All those in favor of

25 the amendment rise and stand until you're counted.

PAGE 132

(A show of hands.)

2

GOVERNOR BUSBEE: All opposed.

3

(A show of hands.)

4

GOVERNOR BUSBEE: In the House the nays are zero,

5 the ayes are 16; in the Senate it's 17 ayes and two nays.

6 The amendment is lost.

7

A VOICE: wait a minute.

8

GOVERNOR BUSBEE: Under our procedure this has to go

9 to a conference committee, a subcommittee, I'm sorry.

10

REPRESENTATIVE BURRUSS: Mr. Chairman, now that we

see what the will of the Senate is, I move reconsideration

of ours too.

GOVERNOR BUSBEE: To reconsider our action. Is

there objection to reconsideration?

The Chair hears none, it's reconsidered.

Now is there objection to ordering the previous

question?

18

All in favor of the amendment rise and stand until

19 you're counted.

20

(A show of hands.)

21

GOVERNOR BUSBEE: I think the vote is the same there.

22

All those opposed to the adoption of the amendment.

23

(A show of hands.)

24

GOVERNOR BUSBEE: All right. Now wait a minute.

25 with that being true, it might have passed. Let's see.

PAGE 133

MR. HARRIS: Mr. Chairman, I would suggest that

2 everybody on the committee vote that is below age 30. Forty?

3

GOVERNOR BUSBEE: All right. Now, on the amendment

4 in the House the votes were one to one, the Speaker votes aye

5 so it's two to one; in the Senate it was 16 to two. The ayes

6 have it, the amendment is adopted.

7

All right. Representative Burruss.

8

REPRESENTATIVE BURRUSS: Mr. Chairman, in view of

9 the amendment that just passed on Paragraph VI, Page 13, it's

10 been brought to my attention that we should insert a new

Section (b) which is item 2 on page 18 of the existing

constitution and renumber the Paragraph (b) and (c).

The wording is: The General Assembly shall not

grant or authorize extra compensation to any public officer,

agent or contractor after the service has been rendered or

the contract entered into.

GOVERNOR BUSBEE: Where is that in the existing

18 constitution?

19

REPRESENTATIVE BURRUSS: Page 18, Paragraph XII,

20 small number 2.

21

GOVERNOR BUSBEE: I'm looking at page 18. What

22 paragraph?

23

REPRESENTATIVE BURRUSS: The middle of the page

24 numbered (2).

25

GOVERNOR BUSBEE: Number (2) there, the General

PAGE 134

Assembly shall not grant or authorize extra compensation to

2 any public officer, agent or contractor after service has

3 been rendered or the contract entered into.

4

That was a part of the editorial change I think.

5 Is there objection to the adoption of that?

6

If not, it's adopted. It will be in the editorial

7 change.

8

All right. Next paragraph.

9

MR. HILL: Section VII is on impeachments.

10

This section was subject to minor editorial revision

III

Z

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and

includes

these

two

significant changes.

In Paragraph I the committee decided to specify that

the House could vote impeachment charges against any executive

! 14 I- or judicial officer of the state. The committee felt that '"<I( :z: 15 olI the impeachment power should not extend to members of the
III lit :>
16 .~.. General Assembly or to local government officials or to
az
<I(
17 :: persons who are no longer in office.

18

GOVERNOR BUSBEE: This is a very significant change.

19 I don't quite understand. Am I right at present the

20 legislature can impeach all three branches, also they can

21 impeach local officials. Is that right?

22

Let's look at the existing constitution. What you're

23 doing here, you can impeach somebody that's already gone out

24 of office, but you can't impeach a legislator in your own

25 body. I mean you'd better look at this very strongly.

PAGE 135

JUDGE CLARKE: Mr. Chairman, I think one of the

2 reasons in the committee's mind in leaving out the legislative

3 branch is that the General Assembly is the judge of its own

4 membership anyway and wouid have the right of expulsion

5 regardless of an impeachment, and an impeachment trial as a

6 matter of fact would involve more than an expulsion trial

7 might involve.

8

GOVERNOR BUSBEE: This does not take away the right

9 of expulsion you presently have, but you could impeach a

10 legislator and also a local official.

JUDGE CLARKE: That's right.

The other feeling about the local official on the

part of the members of the committee was that since you now

have the statute providing for recall that that would be a

matter that would address itself to local people rather than

to the General Assembly.

GOVERNOR BUSBEE: Let me point out if you haven't

18 got your constitution, it presently provides that the House

19 of Representatives shall have the sole power to vote

20 impeachment charges against all persons who shall have been

21 or may be in office.

22

Paragraph II provides that the Senate shall have the

23 sole power to try impeachments. When sitting for that purpose, 24 the Senators shall be on oath or affirmation and shall be

25 presided over by the Chief Justice of the Supreme Court.

PAGE 136

Should the Chief Justice be disqualified, then the presiding

2 Justice shall preside. Should the Presiding Justice be

3 disqualified, then the Senate shall select a Justice of the

4 Supreme Court to preside. No person shall be convicted

5 without the concurrence of two-thirds of the members present.

6

I don't know that you're shortening anything, but

7 do you need some method of impeachment particularly to do

8 away with impeachment of local officials? You're just saying

9 well you recall somebody if he's guilty of a crime involving

10 moral turpitude.

I don't know, it's just -- it's a very significant

change that you're making, and it's not very long the way it

is in the constitution now. You can impeach public officials,

period.

Representative Burruss.

REPRESENTATIVE BURRUSS: Mr. Chairman, I move we

retain the present language on impeachment procedures found

18 on page 14 of the existing constitution.

19

SPEAKER MURPHY: We discussed this thing on the

20 article committee at great length. We went over it and under

21 it and around it and did everything we could, and I'm inclined

22 to agree with the Justice over there. We felt like

23 impeaching local officials, with the recall act it was up to

24 the local people to handle their own business, it wasn't our

25 business to get involved in local government. That was the

PAGE 137

feeling of the article committee.

2

As far as the General Assembly, we have control of

3 our own membership ourselves, we can handle it ourselves.

4

We felt like it was just surplus or whatever that

5 word is I'm supposed to use in the constitution, and we

6 certainly felt like we ought not to get involved in the local

7 people's government after we had given them the right to

8 recall their own officials. We felt like that was a matter

9 that addresses itself -- they elected them, they ought to be

10 able to get rid of them.

z"
11 i=

GOVERNOR BUSBEE: This only applies, Mr. Speaker,

..'o"....

@j);1 to the -- this is all public officials whether they were elected officials or whether they're appointed officials.

! 14 If they committed some act, their expulsion there would be

I-
':-"z<:
15 Q no way to do it unless they were elected as far as recall

'"";;;)
16 ~... is concerned .

Q

Z

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17 ::

SPEAKER MURPHY: Local officials, if they're

18 appointed by the local officials, that addresses it to them

19 to get rid of them.

20

We went over that, we went through that at great

21 length. The Secretary was on it, the Clerk. You remember

22 the discussion, don't you, Hamp?

23

GOVERNOR BUSBEE: Senator Brown.

24

SENATOR BROWN: I move the adoption of the substitute

25 motion. I move the adoption as it's outlined here.

PAGE 138

A VOICE: Seconded.

2

GOVERNOR BUSBEE: The motion on the substitute is

3 that we go with the article committee's recommendation.

4 That's the substitute motion, and there's a second to it.

5

Now discussion on that. Is there any further

6 discussion?

7

Representative Bray.

8

REPRESENTATIVE BRAY: Governor, recall doesn't apply

9 in all instances. There are times when people are not subject

10 to recall, for instance six months prior to election and six

"z

11

j:
..o0..<..:

months

after election.

There are times that they're not

@;I subject to recall. SPEAKER MURPHY:

We wouldn't be in session either.

! 14

REPRESENTATIVE BRAY: We probably wouldn't.

$

:t:

15 oll

GOVERNOR BUSBEE: Did you want to say something,

"0<:
;;)

16 .~.. Representative Burruss?

Qz

17 ~

REPRESENTATIVE BURRUSS: Explain to me please how

18 you would get an appointee out of office if you don't impeach

19 him? You can't recall him. That's the point I'm trying to

20 address.

21

SPEAKER MURPHY: An appointee of local government?

22

REPRESENTATIVE BURRUSS: Any appointee. If you use

23 the language here, it's primarily for elected officials, is

24 it not?

25

SPEAKER MURPHY: I think this applies to elected

PAGE 139

officials, but I think the local governments have got to

2 handle their own appointed people anyhow. If we don't have a

3 statute on the books~ow, we ought to put one on the books.

4

REPRESENTATIVE BURRUSS: In answer to my question

5 then, you would do it by statute?

6

SPEAKER MURPHY: Yes, sir. Let them handle their

7 own business.

8

I think really if we ever get into the business --

9

GOVERNOR BUSBEE: We need to cover it in some manner.

10 I'm pointing it out to you. As it's currently pending, some-

@;;11

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~
"o......

body

like

a

housing

authority

that was

guilty

of

something

that was appointed for a term, you've got to be able -- the

legislature has to be able to address it in some manner.

14 .~..

SPEAKER MURPHY: If we ever get into the business

:'"r

15 .:l

GOVERNOR BUSBEE: Senator Howard.

""::;)

16 .~..

SPEAKER MURPHY: If we ever get into the business,

Czl

17 ~ Governor, of handling local appointed officials, firing them,

18 there ain't never gonna be no end to it. We went over that

19 at great length in this committee.

20

GOVERNOR BUSBEE: Senator Howard.

21

SENATOR HOWARD: Governor, the thing I wondered

22 about is we now have the right to impeach a member of the

23 legislature, we're about to give that up apparently. We

24 would still have the right to expel a member of the

25 legislature?

PAGE 140

GOVERNOR BUSBEE: That's correct.

2

SENATOR HOWARD: Is there any practical difference

3 between those two as regards his retirement benefits for

4 example?

5

If you impeach him, does that cut off his retirement

6 benefits, whereas expulsion would not, or is there any --

7 Are we giving up any power?

8

GOVERNOR BUSBEE: I don't believe that it's possible--

9

Holdup, I'm in error here.

10

(Pause. )

"z
11 j:

GOVERNOR BUSBEE: All right. It removes the

..'o"....

~;i legislature, but I didn't realize this at the time I was talking -- if you'll look on page 14 you extend this to the

! 14 ...... courts and to the executive branch, you exclude the ~
15 011 legislative branch, and then you give a right to the legisla-

~
~
16 .~.. ture not only to impeach in those branches but also to deny CzI
17 ~ any pension benefits from that person.

18

A VOICE: Where is that?

19

GOVERNOR BUSBEE: That's on line 19, page 14, line

20 19.

21

That's not in the present constitution. If you

22 impeach somebody and he's earned his retirement, then he's

23 entitled to it. This would take that away.

24

SENATOR BARNES: That still doesn't apply to a

25 legislative member.

PAGE 141

GOVERNOR BUSBEE: I understand. What you're going

2 to do is apply that to the executive and to the judicial,

3 and exclude the legislature, and that's not in the present

4 constitution as to them, so you're strengthening it as far as

5 the other two branches are concerned.

6

SPEAKER MURPHY: I've got no objection to putting

7 the legislature in. That don't bother me at all, but I don't

8 want to put no local governments in there at all.

9

SENATOR HOLLOWAY: I move we put them in.

10

A VOICE: I second it.

.."z
11 I-

GOVERNOR BUSBEE: The motion is made and seconded

..o....

12 ~ that we amend the provision of the article committee by

@r! including the legislature along with the executive and

! 14 1;; judicial branch.

<I(

:I:

"..15 .: ;;;)

SENATOR HOLLOWAY: That's in Paragraph III.

16 .~..

SPEAKER MURPHY: Just put in Paragraph I, just

Q

Z

<I(

17 : add any charges against any member of the executive, judicial

18 or legislative branches of this state. That's all you've got

19 to do.

20

MR. HARRIS: It might take a little more verbiage

21 than that, but we'll work on it.

22

REPRESENTATIVE LEE: Yeah, you've got to have better

23 words.

24

GOVERNOR BUSBEE: We have a motion. The Speaker

25 wanted to make a motion.

PAGE 142

(Pause. )

2

GOVERNOR BUSBEE: All right, Mr. Speaker.

3

SPEAKER MURPHY: Governor, I would like to move in

4 Paragraph III, Section VII, that we strike the words "or to

5 receive a pension therefrom." I think that's carrying it too

6 far.

7

If a fellow has served for thirty years and he's

8 entitled to a pension, or his wife and children is entiled to

9 a pension, I think they ought to have it, and I'd like to

10 strike that.

@;;"z 11 j: ..'o."...

GOVERNOR BUSBEE: The motion is, and I think that

would be a sUbstitute motion. The motion I was first

entertaining was that we adopt the article committee

! 14 ... recommendation, and the Speaker's amendment would be to '<"C( :z: 15 olI delete "or to receive a pension therefrom," and add the words
"'":;)
16 .oz~.. "the legislature" to it. You would add the legislature, all
= 17 branches would be subject to it, but it would not give you

18 the right to strip a person's pension that had earned a pension.

19

A VOICE: ~Seconded.

20

GOVERNOR BUSBEE: The motion is seconded.

21

All right. Is there discussion on that?

22

Senator Stumbaugh.

23

SENATOR STUMBAUGH: Under the present language this

24 is only permissive, it's not mandatory that we take away these

25 amenities, is it?

PAGE 143

GOVERNOR BUSBEE: This would prevent you from

2 stripping the pension. If a person had worked thirty years

3 in government

4

SENATOR STUMBAUGH: If we left it in, we wouldn't be

5 forced to strip them? That would just be a judgment we would

6 have?

7

GOVERNOR BUSBEE: That's correct.

8

All right. Senator Deal.

9

SENATOR DEAL: As I understand it, isn't this one of

10 the reasons that President Nixon resigned was to avoid the

possibility of this sanction being imposed by Congress in

impeaching him if that were to happen?

GOVERNOR BUSBEE: I don't know. I don't know why he

resigned. Somebody said something about Watergate or some-

thing along that line.

All right. Is there further discussion?

All right. Is there objection to the adoption of

18 the amendment?

19

Hearing none, the amendment is adopted.

20

All right. Is there objection to the adoption of

21 Paragraph III as amended?

22

A VOICE: Objection.

23

GOVERNOR BUSBEE: There's objection. All in favor of

24 Paragraph III as amended rise and stand until you're counted.

25

(A show of hands.)

PAGE 144

GOVERNOR BUSBEE: Reverse yourself.

2

(A show of hands.)

3

GOVERNOR BUSBEE: In the House it's 17 to zero;

4 in the Senate it's 13 to one, and the paragraph is adopted as

5 amended.

6

All right. Representative Connell.

7

REPRESENTATIVE CONNELL: Mr. Chairman, on lines 13

8 and 14, Paragraph II, it's the same language as now in the

9 constitution, no person shall be convicted without concurrence

10 of two-thirds of the members present.

"z
11 i=
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You have to have a quorum in the Senate to be

9;1 official, and two-thirds of a quorum would be twenty. I know that's the present language. Isn't that a pretty low number

! 14 ... on which you could impeach, just twenty?

':"z:

15 .:I

SENATOR HOLLOWAY: That's twenty Senators. Twenty

"Ill:
;)

16 ~... Senators is adequate

zQ

17 ~

GOVERNOR BUSBEE: What he's saying is two-thirds of

18 the members present. If you want to reconsider and make any

19 change, now would be the time to do that.

20

REPRESENTATIVE CONNELL: It would appear to me that

21 if you should have

22

GOVERNOR BUSBEE: I don't think you would have a

23 light turnout if you were going to have an impeachment vote.

24

REPRESENTATIVE CONNELL: You could have a light

25 turnout and not impeach at all.

PAGE 145

SPEAKER MURPHY: I agree with Mr. Connell. I think

2 something as serious as impeachment it ought to be two-thirds

3 of the body.

4

SENATOR HOLLOWAY: I so move.

5

GOVERNOR BUSBEE: First I think a motion would be in

6 order that we reconsider our action in the adoption of

7 Paragraph II of Section VII.

8

Is there objection to reconsideration? There is no

9 objection, it's reconsidered.

10

The motion is that two-thirds be changed to two-

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11

j:
...oa<r.:

thirds

of

the members.

~~\r~12 ~

A VOICE: Seconded. GOVERNOR BUSBEE: We will editorially change that

! 14 !;; and give the latitude to the staff to make the change.

:z:

15 .:l It will be the same as passing a constitutional amendment, be

"<r:
::l

16

~ Q

the

same

type

wording.

z

17 :::

All right. What are we now, on VIII?

18

MR. HILL: Section VIII. Did we finish Section VII

19 on impeachments?

20

A VOICE: Yes.

21

MR. HILL: All right, Section VIII on insurance

22 regulation. This section was subject to major overhaul by the

23 committee.

24

Paragraphs I through V of the present article appear

25 in identical form in Title 56 and 114 of the Georgia Code

PAGE 146

Annotated, so the committee decided that the entire section

2 as written could be replaced by two short paragraphs

3 requiring the General Assembly to provide by law for the

4 regulation of insurance, and requiring that the Controller

5 General issue insurance licenses and require --

6

A VOICE: Move the adoption of Paragraph I.

7

GOVERNOR BUSBEE: Do you want to consider this by

8 section? It's just two paragraphs.

9

SENATOR HOLLOWAY: Section VIII.

10

GOVERNOR BUSBEE: The motion is that Section VIII

in its entirety be adopted. Is there a second?

A VOICE: Seconded.

GOVERNOR BUSBEE: It's seconded. Is there discussion b

If not, is there objection to the adoption of

Section VIII as written?

Hearing none, the Section VIII is adopted.

Section IX.

18

MR. HILL: This section was not subject to revision

19 by the article committee. It was suggested to them that this

20 was a very important section of the present constitution, it

21 was working fairly well, and therefore this was not subject to 22 revision.

23

Now, there was a shift of one paragraph from one

24 place to another, but that was not a substantive change.

25 The provisions on the Subsequent Injury Workmen's Compensation

PAGE 147

Trust Fund were moved to Paragraph VII, Subparagraph (c),

2 but that was not a change.

3

GOVERNOR BUSBEE: All right. Now, without anybody

4 suffering any false assumption, Mel, as I understand it this

5 has been reviewed, there is no substantive change on the entire

6 appropriations process. Is that correct?

7

MR. HILL: Yes, that is true.

8

GOVERNOR BUSBEE: We have all seen it. I just

9 wanted that to be clear.

10

MR. HILL: Paragraph II of this was added because

zCI

11 ~ it's in the present constitution in the appropriations

o......

~ 12 ~ article, but it is identical to something you just approved

~r~ relating to recording of ayes and nays, and so Paragraph II

14 .~.. could really be deleted, it's duplicative of something you

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15 ~ have already passed.

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16 .~..

GOVERNOR BUSBEE: With that, then, I wanted you to

Q

z

17 ~ understand it before we --

18

Is there objection to considering Section VIII in its

19 entirety-rather than by paragraph?

20

A VOICE: Section IX.

21

GOVERNOR BUSBEE: I'm sorry, Section IX in its

22 entirety.

23

A VOICE: I just want a clarification from Mel.

24 We've got an amendment up there, I just want to know when it

25 comes up.

PAGE 148

MR. HILL: Yes. There is an amendment that is being

2 offered, but in terms of what the article committee has done

3 this is identical to what's in the present constitution, and

4 Senator Bell does have a proposed amendment to this.

5

GOVERNOR BUSBEE: But there's no objection to con-

6 sidering the whole section instead of just paragraph by

7 paragraph?

8

SENATOR BELL: No.

9

GOVERNOR BUSBEE: Hearing none, it's so considered.

10

Is there any proposed amendment to this Section IX?

"z

11 i=
...oIll:
II.

MR. HILL: There is.

@);i GOVERNOR BUSBEE: Let's see the amendment. Bell has a proposed amendment.

Senator

! 14 ... '~"
15
"Ill:
;;)
16 ~.o.. Z <l
17 :

Is there any other amendment? (Pause. )
GOVERNOR BUSBEE: I recognize Senator Bell SENATOR BELL: The language -- if everybody doesn't

18 have it, it's being passed out -- the language in this simply

19 does away with the appropriations bill for supplemental

20 budgets except in the case of emergency.

21

The Governor would declare an emergency, and two-

22 thirds of both houses would have to agree, and then we would

23 adopt or could adopt a supplemental appropriations bill.

24

The reason that I'm proposing this is that what we

25 now have is a false budget. We adopt a general appropriations

PAGE 149

bill and the pUblic is I think misled to believing that that's

2 what the legislature fully intends for this state to operate

3 on. Then we come back three-fourths through the fiscal year

4 and turn around and literally and liberally add money to it.

5 It creates a shortage for funds in the general appropriations

6 bill, it deliberately affects the amount of money, the funds

7 available for the education or for tax relief. In fact, it

8 precludes tax relief, and it sets up false priorities of

9 spending because it does not put all that money available in

10 the general appropriations to deal with projects or with

I.!I

Z

11

j:: or:

tax relief.

e;;o AUI The history now shows that we're spending about
three-fourths of a session on what amounts to about five or

! 14 !;:; six percent of the appropriations bill, and in the last four

:<zC:

15 ol) or five days we spend on the general appropriations bill

Io.!rI:

;;;)

16

~
UI

this

sowca1led tight budget,

and

then we

come back

and add

a

Q
z

17 : lot of money to it.

18

I would recommend that the General Assembly or this

19 group adopt this language and force all the money into the

20 general appropriations bill so that we could deal with this

21 excess taxation if that's what it is, and that's what I call

22 it, in a sum of money that can be dealt with at one time.

23

It leaves for the Governor the right to declare an

24 emergency, and I think any General Assembly would deal with it

25 on that basis.

PAGE 150

SENATOR HOWARD: Governor.

2

GOVERNOR BUSBEE: Senator Howard.

3

SENATOR HOWARD: Governor, I ,know that there are a

4 lot of members of this committee who don't share the feeling

5 Senator Bell and I have about this. I want to speak in favor

6 of it because I do not regard this as a partisan issue. It

7 is not a Republican issue. I think it is all something that

8 we all should carefully consider, and I speak in favor of the

9 amendment.

10

There are a lot of people out were I live who have

got the feeling that the supplemental budget is not only

bogging down the operation of the General Assembly, but it

is just not good business, and I would like to see one budget

passed. I would like to see the General Assembly be able to

focus on all the issues at one time instead of deferring a

lot of the capital outlay items until the supplemental budget

is passed.

18

So without making any longer speech than I have

19 already made, I would like to just say that I support Senator

20 Bell's amendment and intend to vote for it.

21

GOVERNOR BUSBEE: Mr. Collins.

22

REPRESENTATIVE COLLINS: Mr. Chairman, I'm not

23 running for Governor or Lieutenant Governor either, so I would

24 like to say that when we go to thinking about this trying to

25 roll money into the next year over the years the General

PAGE 151

Assembly and you have tried to keep the revenue estimate down

2 to where there would be money for these school buildings, and

3 I think it's good to have the money to pay for them.

4

I've never seen a business operate in the black that

5 wasn't a good business; I've never seen one operate in the red

6 that was. So I don't feel that this is excess taxes, I feel

7 that it would save the taxpayers more money than anything.

8

GOVERNOR BUSBEE: Could I ask something about this?

9 I'm rather naive about the budget, I don't know much about it,

10 but let me ask you a question on the proponents of this, Mr.

CzJ

@;;11 i.oc.=.....: Bell.

We have a law, we have to make a midterm adjustment

based on enrollment in school systems that we know that's

! 14 going to require midterm adjustment. We know that this has

I-

':"z:

15 01) to be treated in a supplemental bill, and so that will be an

Cc.J:

::0

16 .~.. additional appropriation in certain categories .

Q

17 gZ

Under the wording you have here there would be no

18 way we could come back and make midterm adjustments in the

19 supplemental appropriations act; is that correct?

20

SENATOR BELL: You could declare an emergency.

21

GOVERNOR BUSBEE: I could declare an emergency,

22 then we would have to have funds to cover it. We couldn't

23 come back and cut

in the ordinary process what we have to

24 do is balance the budget, we could have a cut and add process

25 and we could still pay the school teachers, run the buses and

PAGE 152

all this. That's one question.

2

The second question I have to you under this is

3 we're going to have to cut two-hundred and some-odd million

4 dollars out of the budget that you're now living with

5 according to laws that have not yet been finally passed by the

6 Congress, but which will be passed before you get here this

7 next year.

8

I will have the authority to try and make some cuts

9 as best I can make some cuts and some controls to try to hold

10 it down as best I can. What I can't do, you're going to have

III

%

11

j:
..oC..l.l.:

to

be

able

to

handle mid-year

to

balance

the

budget.

@;~ All right. Now, in this cutting process I want to point out to you you have some sacred cows up there that are

! 14 ... included in some of these cuts that we're not going to be

':"r

15

.:
III

able

to

cut

back

on.

Cll:

:::l

16 ~...

I want to say this, and I believe I'm as knowledgeabl~

Q

%

17 : about the budget as some of you are, except for Mr. Lee who

18 has been here as long as I have and he might have picked up 19 more about it, but I don't see in the world how under that

20 situation, and I assume you'll have the situation in the future

21 when this constitution comes about, how you're going to be able 22 to do that other than through a cut and add process, and it 23 will be by way of a supplemental appropriations bill. I 24 don't see how it will work.

25

~ENATOR BELL: The language here, Governor, says

PAGE 153

simply that you can't add -- that you can have a supplemental

2 budget when the Governor declares an emergency.

3

Now, if you've got an emergency situation and if

4 you've got to have $200 million and the money is not there, or

5 for whatever reason you've got to have it and you declare an

6 emergency and two-thirds -- you or whatever Governor we're

7 talking about, we're talking about a Governor declares an

8 emergency, and two-thirds of both houses of the General Assemb1~

9 agree with it, they pass a supplemental budget and amend it

10 any way they want to.

.."z
11 i=

GOVERNOR BUSBEE: Not as I read it. I don't read it

.oa...

e);~i the same way you do. Your amendment says make additional appropriations,

! 14 I- plural, each appropriation is contained in that bill. The

'"

:J:

..15 .:l next thing that would be required is for me to declare an ":>

16 ~... emergency on each one of these appropriations

Q

Z

17 ::;

Secondly, there would be unappropriated surplus in

18 the state treasury to take care of it, and I submit to you

19 there ain't gonna be any there to take care of it, you're

20 going to have to go through a cut and add process which would

21 be additions, and then what you would require is a two-thirds

22 vote of each house in order to make this adjustment. I just 23 submit to you that

24

A VOICE: Call the question.

25

GOVERNOR BUSBEE: -- you've got some problems in

PAGE 154

what you have.

2

Now, I'm not going to be here; I don't know who's

3 going to be here, and I don't think any of you all know who's

4 going to be here either, but I want to caution you you've got

5 pretty good fiscal laws in this state now, and you might get

6 yourself into a bind if you don't give yourself the authority

7 to make some mid-year adjustments on this thing and continue

8 to operate with a conservative budget.

9

All right. Mr. Lee.

10

REPRESENTATIVE LEE: Mr. Chairman, when I first carne

"z

11

i=
o..'."....

to

the

legislature

the Governor was

the budget,

we

didn't

have-~

@);i

GOVERNOR BUSBEE: You took it away from him. REPRESENTATIVE LEE: That's correct. Then we had a

! 14 $ biennial budget, and annually the way we did it was the

:z:

15

olI
~

supplemental,

and

it

has

helped

us

not

raise

taxes

in

this

:::l

16 ~... state in my firm opinion and we ought to leave it alone .

zQ

17 :

GOVERNOR BUSBEE: All right. Senator Kidd.

18

SENATOR KIDD: When you read this, it doesn't

19 affect the amended budget because we don't have a supplementive

20 budget, it's an amended budget that we pass-on in the next

21 year, and a supplemental would apply only to something

22 special.

23

I don't think the Senator is doing what he thinks

24 he's doing, and therefore to me we're talking about the

25 amended budget and not a supplemental.

PAGE 155

A VOICE: Call the question.

2

GOVERNOR BUSBEE: I can't call it. Is there any

3 objection to ordering the previous question?

4

The Chair hears none. The previous question is

5 ordered.

6

All right. All in favor of Senator Bell's amendment

7 rise and stand until you're counted.

8

(A show of hands.)

9

GOVERNOR BUSBEE: Reverse your position.

10

(A show of hands.)

1z:1

~

11 12

j:
~".'o".".

the

ayes

GOVERNOR BUSBEE: On the passage of the amendment, in the House are zero, the nays are 20; in the Senate

~r~ the ayes are six, the nays are 13. The amendment is lost.

! 14 I-

All right. Are there any other amendments to

'<"l

:r

15

~ 1:1

Section

IX?

'":::>

16 ~... Q

SENATOR BARNES: I move the adoption of the section

Z

<l

17 ~

GOVERNOR BUSBEE: The motion is made that Section IX

18 be adopted. Is there a second?

19

A VOICE: Seconded.

20

GOVERNOR BUSBEE: There is a second. Is there

21 discussion?

22

Hearing none, is there objection to the adoption of

23 the Section IX?

24

Hearing none, it is unanimously adopted.

25

Now then let me say that we're going to have an

PAGE 156

equally long day probably tomorrow, and then we're going to 2 have the 21st to resolve a lot of the things we're going to

3 bring up at that time which will be all except on the

4 article on the judiciary and on taxation.

S

Let me encourage yo~ in the morning we're not going

6 to meet until

no, we meet at nine o'clock tomorrow, but

7 we still have some time today, and we have some issues that 8 you need to get your heads together on, and I wish you would 9 stay here and let's try and perfect as much as we can where 10 we can discuss some of this tomorrow.

Even though we're not going to consider it until

the 21st, we need to go on and refine some of this, and we

also have these changes on the articles we took up today

that we'll bring back up in the morning.

We have to resolve those issues tonight, so you all

are going to work on that.

LT. GOVERNOR MILLER: Governor, let me just say one

18 word, because I told several senators that I would.

19

We got good attendance from the Senate today, and I

20 was glad to see it, but a number of Senators have said that

21 they can't be here on the 21st, that they had made their

22 plans for the 22nd and 23rd on the reapportionment committee,

23 and I'm getting very concerned. Even the chairman of this

24 committee cannot be here on the 21st, and there are a number

2S of Senate members who have not missed a meeting up to the

PAGE 157

21st, and we're taking up a lot of things that are the most

2 controversial things we have on that day.

3

If I'm wrong, say it, but at least a half a dozen

4 Senators have told me that.

5

GOVERNOR BUSBEE: I'm just trying to resolve it.

6 I realize it's most difficult to come up with a day on short

7 notice after you've already made your calendars, but I think 8 all of us realize that we have to have this additional day 9 to get through; otherwise we won't make it, and we have 10 already made the change from July the 28th and 29th to

August 6th and 7th to accommodate you as far as the conflict

with the national meeting that you're having of the

legislatures.

Now, the Speaker can't be here on the 22nd. I know

some of you are not going to be here on the 21st. I don't

know how to proceed. I know we have to have one of the two

days.

18

If you all could be here the 22nd, the Speaker says

19 he will reshuffle his schedule, and the Lieutenant Governor

20 is changing his, and I've changed mine, but we'll take this

21 we'll go by vote on the 21st or the 22nd. Do you all want to

22 do that?

23

A VOICE: Wnat about either the 27th or the 28th or

24 29th, just one day there?

25

GOVERNOR BUSBEE: There's no way. We have to have

PAGE 158

the 28th and 29th on other articles.

2

A VOICE: No, no. That was changed.

3

GOVERNOR BUSBEE: July the 28th and 29th have been

4 changed to August the 6th and 7th.

5

A VOICE: Just take one of those days they have

6 already got blocked out on their calendar for this contro-

7 versial stuff.

8

(Pause. )

9

GOVERNOR BUSBEE: We have already voted, and the

10 vote is the 21st and the 6th and 7th. All right. Now, if

11

";z::
.'2"..

you

want

to reconsider,

and

I

think everybody is

really

@;~ bending over backwards to accommodate the most people, knowing we can't accommodate everybody, we will throw open

'g.?

14 f

~:-zc: first the 21st or 22nd and see how you feel about that.

15 oll Is there any objection?

"'~"

16 ~...

SENATOR KIDD: I object to the 22nd because we've

zQ
17 g already got reapportionment set up for that.

18

GOVERNOR BUSBEE: All right. How about the 21st?

19 It looks like we need to stick with just what we have.

20 I have cancelled my whole day to be here on the 21st.

21

REPRESENTATIVE CONNELL: Couldn't we meet on the 28th

22 for one day? We'll all be here.

23

(Pause. )

24

GOVERNOR BUSBEE: What they're discussing now, let's

25 all keep some order and see if we can't accommodate the most

PAGE 159

people.

2

What you're bringing up is could we not meet on the

3 21st, do meet on the 28th or either the 29th.

4

SPEAKER MURPHY: No, not on the 29th because the

5 President is going to be here then.

6

GOVERNOR BUSBEE: On the 28th.

7

(Pause. )

8

GOVERNOR BUSBEE: I'll tell you, as far as we're

9 concerned up here, and it seems like some of you, what is

10 your feeling to reschedule the whole thing so we'll meet on

CzI

~

11 12

i=
~.o''".".'

July meet

the 28th and resolve all these outstanding issues, on August the 6th and 7th to take up the final two

then

(~@r~~ articles, and then we will have the last meeting which has 14 been scheduled thereafter.

!;:;

x

15

How does that sound?

CI

:':">'

16 .~..

VOICES: Good .

Q

Z

17 g;

GOVERNOR BUSBEE: Is there a motion?

18

A VOICE: So moved.

19

A VOICE: Seconded.

20

GOVERNOR BUSBEE: All right, it's seconded. Any

21 discussion?

22

If not, is there objection? Hearing none, it's

23 unanimously adopted and that's the schedule.

24

SPEAKER MURPHY: Could we meet at 9:30 on that

25 morning because that's going to be a day of fussing.

PAGE 160

GOVERNOR BUSBEE: Is there objection to meeting on

2 July the 28th at 9:30?

3

The meeting will start at 9:30 on July the 28th,

4 and we will start at ten o'clock on August the 6th, and nine

5 o'clock on August the 7th. That is my birthday.

6

One other thing. We need to have one other thing

7 we could bring up tomorrow, but let me just go on and bring

8 it up to you today.

9

We have eight issues on local government that are

10 outstanding. We have had requests by the County Commissioners

Association to meet with us as we take up these issues, and

I think the Municipal Association.

We have said that on all groups -- we have had

many requests from various type groups, but I think this is

unique, this is an article that affects them. I want to get

the feeling of the committee, but is there any -- I would just

kind of like to recommend maybe we expand where we say we're

18 not going to hear from all the groups, but when we consider

19 the one article that affects local governments is there any

20 objection to us giving the Chair some authority to invite them

21 to come and give a time limit? I don't think it will take

22 them long.

23

SPEAKER MURPHY: If we ever start that, there ain't

24 gonna be no end to it.

25

GOVERNOR BUSBEE: Nobody else has another article,

PAGE 161

so it's up to you.

2

SPEAKER MURPHY: Ain't no telling how many people

3 asked me about open meetings, come and be heard on this.

4

A VOICE: I think we ought to keep it just like it

5 is.

6

REPRESENTATIVE SNOW: Mr. Chairman, everybody has

7 already had an opportunity to be heard.

8

REPRESENTATIVE LEE: They have written us letters.

9

SPEAKER MURPHY: By the bushel.

10

GOVERNOR BUSBEE: We have previously said we're not

going to open it up for groups coming in to speak, and so there

is no motion for making the change.

on it.

I brought up the request to you; there is no motion

Thank you.

(Whereupon, at 3:30 p.m. the committee meeting was adj ourned. )
18

19
+++
20

21

22

23

24

25

INDEX Committee Meetings Held on Constitutional Revision Legislative Overview Committee Meeting Held on July 14, 1981

LEGISLATIVE OVERVIEW COMMITTEE MEETING, 7-14-81

Proceedings. pp. 3-8

ARTICLE III: LEGISLATIVE BRANCH SECTION I: LEGISLATIVE POWER Paragraph I: Power vested in General Assembly.

pp. 8-9

SECTION II: COMPOSITION OF GENERAL ASSEMBLY Paragraph I: Senate and House of Representatives. pp. 9-13 Paragraph II: Apportionment of General Assembly. pp. 13-14, 41-48 Paragraph III: Qualifications of members of General Assembly.
pp. 14-15, 130-133 Paragraph IV: Disqualifications. pp. 15-20 Paragraph V: Election and term of members. pp. 20-28

SECTION III: OFFICERS OF THE GENERAL ASSEMBLY
Paragraph I: President and President Pro Tempore of the Senate. pp. 29-36
Paragraph II: Speaker and Speaker Pro Tempore of the House of Representatives. pp. 36-41

SECTION IV: ORGANIZATION AND PROCEDURE OF THE GENERAL ASSEMBLY Paragraph I: Meeting, time limit, and adjournment. pp. 48-49 Paragraph II: Oath of members. pp. 49-50 Paragraph III: Quorum. p. 50 Paragraph IV: Rules of procedure; employees; interim committees.
pp. 50-51 Paragraph V: Vacancies. p. 57 Paragraph VI: Salaries. pp. 57-62 Paragraph VII: Election and returns; disorderly conduct. pp. 62-63

Legislative Overview Committee 7-14-81 Page .2
Paragraph VIII: Contempts; how punished. pp. 63-64 Paragraph IX: Privilege of members. pp. 64-65 Paragraph X: Election by either house. pp. 65, 106-108 Paragraph XI: Open meetings. pp. 51-57
SECTION V: ENACTMENT OF LAWS Paragraph I: Journals and laws. p. 67 Paragraph II: Bills for revenue. pp. 67-68 Paragraph III: One subject matter expressed. p. 68 Paragraph IV: Statues and sections of code, how amended. p. 68 Paragraph V: Majority of members to pass bill. pp. 68-69 Paragraph VI: When roll-call vote taken. p. 69 Paragraphs VII: Reading of general bills,
VIII: Procedure for considering local legislation, and IX: Advertisement of notice to introduce local legislation. pp. 69-71
Paragraph X: Acts signed. pp. 71-76 Paragraph XI: Signature of Governor. pp. 76-78 Paragraph XII: Rejected bills. pp. 78-83 Paragraph XIII: Approval, veto, and override of veto of bills and
resolutions. pp. 83-105
SECTION VI: EXERCISE OF POWERS Paragraph I: General powers. p. 109 Paragraph II: Specific powers. pp.109-114 Paragraph III: Powers not to be abridged. pp. 114-115 Paragraph IV: Limitations on special legislation. pp. 115-119 Paragraph V: 'Specific limitations. p. 120 Paragraph VI: Gratuities. pp. 120-130, 133-134

Legislative Overview Committee 7-14-81 Page 3
SECTION VII: IMPEACHMENTS Paragraph I: Power to impeach. pp. 134-135 Paragraph II: Trial of impeachments. pp. 135-141. 144-145 Paragraph III: Judgements in impeachment. pp. 141-144
SECTION VIII: INSURANCE REGULATION Paragraphs I: Regulation of insurance, and
II: Issuance of licenses. pp. 145-146
SECTION IX: APPROPRIATIONS Paragraph I: Public money. how drawn. pp. 146-147 Paragraph II: Preparation, submission, and "enactment of general
appropriations bill. p.147 Consideration of entiereSECTION IX. pp. 147-155

MATERIALS CONSIDERED AT MEETING OF LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION
AND SELECT COMMITTEE ON CONSTITUTIONAL REVISION HELD ON JULY 14, 1981

IMITTEE MEMBERS:
RGE BUSBEE )VERNOR
~AIRMAN
~ MILLER
EUTENANT GOVERNOR
;MAS B. MURPHY EAKER. HOUSE OF REPRESENTATIVES
IERT H. JORDAN ~IEF JUSTICE. SUPREME COURT
::LLEY QUILLIAN ~IEF JUDGE. COURT OF APPEALS
HUR K. BOLTON rTORNEY GENERAL
lCUS B. CALHOUN ENIOR JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATLANTA. GEORGIA 30334
404/656-7158

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

ARTICLE III, LEGISLATIVE BRANCH Table of Contents

Article Committee Proposal
Present Constitution
Cross-Reference Table, Present to Proposed Provisions
Notes and Comments
Synopsis of changes in original Article Committee Recommendations proposed by the Select Committee, by the House of Representatives, and by the Senate Judiciary Committee at the 1980 legislative session
Additional Staff Recommendations

Pages CY - @
Pages @ @
Pages @
Pages @ @
Pages @ Pages @

FINAL DRAFT COMMITTEE TO REVISE ARTICLE III
December 5, 1979

ARTICLE I II.

8

2

LEGIS'LATIVE 8Rl~:lC!-l

....
7

3

SECTION I.

10

4

LEGISLATIVE POWER

JI

5

Para-;Jraoh I. .Q\'Ie r vestp.rl _i.rl..-...\P n'" rill ~ """'mol 'I. 15

6 fhe legislative power of the state shall be VflstP.O in "1 16

7 General Assernoly which shall consist of i'1 Sen3te =m-i a Youse 17

8 of Representatives.

18

9

SECTION II.

20

10

COMPOSITIO:<J of GENERAL ASSEMBLY

21

.II

Paragraph I. ;;?nate "lnd ljou"e of Re?reC::ont :lUllS.

12 (a) The Senate shall consist of not more than 56 Senators, 25

13 each of whom shall be elected fro~ single-member districts. 26

14

(b) The ~ouse of Representativp.s shall consist of 28

15 not more than 180 Representatives a ooort i one d

29

16 representative districts of the state.

30

17

Paragraoh II.

31

18 The General AS5e~bly may provide for aoportionment ot Senate 32

19 and House districts. Such districts shall be comoos~d of

20

contiguous territory. The aoportion~ent of the Sen~te and 34

21

of the House of Represen~atives shall be changed by the

22 General Assembly as necessary after each United States 3'5

23 decennial census.

36

24

Paragraph I I I.

of 37

25

At the time of their election, the

26 members of the GenerAl Asse,oly shilll be citizens ~f the 39

27 United States, shall be at least 21 years of age, "hilll hAve 40

28 been citizens of this state for at least two ye~rs, nnd

29

shall have oee~ legal residents of t,e territory p.~braced 4 i

30 within the district trom which elected for at least one

31

year.

.q

32

~l() oerc;on 44

3.3

on active duty ~ith a~f branch of the ar~ed forc~5 of t~~ 45

- I-
J

. __ ,
----",. . --- - ..'"

'1

Unit~d States shall have a seat in either house. This 46

2 disqualification shall not aoply to persons on temporary 47

3 active duty with any branch of the armed forces of the

4 Uni ted States or to persons serving in the National GUArd ?r 4'3

5 Reserve Armed Forces.

49

6

(b) No person holding any civil aopointnent or 50

7 office haVing any emolument annexed thereto under the United 51

8 States, this state, or any other state shall have a se3t in 52

9 either house.

53

10

(c) No Senator or Representative shall be elected 54

.II by the General Assembly or aopointed by the Governor to any 55

12 office or apoointment haVing any emolument annexed thereto, 56

13 during the time for which such Derson shall have been

14 elected, unless the Senator or Representative shall first 57

15 resign the seat to which elected.

58

16

Paragraph V. Election ~nd term of ~mbers. The 5;>

17 members of the General Assembly shall be elected by thp. 60

18 qualified electors of their respective district~ for a tArm 61

19 of two years and shall serve until the time fixed by law for 62

20 the convening of the next General ASSembly.

61

21

SECTION I II

65

22

OFFICfRS OF THE GENERAL ASSEMBLY

66

23

Paragraph f. ~sldent and-Eresldent prn re~QQrp. 69

24 of th, Senate. (a) The presiding officer of the Senate 70

25 shall be styled the President of the Senate and shall be 71

26 elected by the Senate from among its members.

72

27

(b) A President Pro Tempore shall be electerl by 73

28 the Senate from among its members. The President Pro 74

29 Tempore shall become President in case of th~ death, 7~

30 resignation, or permanent disability of the President.

76

31

ParaJraph I I. S2eaker and SQ~er prQ TemPQre ~f 77

32

th, House Or. Rq:>P'ien.t.ll~. (a) The presiding officer of 73

33 the House of Representatives shall be styled the Speaker of 79

- 2-

the House of Representatives and shall be elected by the 80

2 House of Representatives tro~ among its members.

81

3

(b) A Speaker Pro Tempore sh~ll be elected by the 82

4 House of Representatives from amon~ its members. Th~ 81

5 Speaker Pro Tempore shall become Speaker in case of the 84

6

death, resignation, or permane~t dis3bility of the Snenke~.

7

Paragraph III. Q1her Qff~S of th~ tWa bQU~. 86

8 The otner officers of the two houses shall be a Secretary of 37

9 the Senate and a Clerk of the House of Representatives.

89

10

SECTION IV.

91

.J I

ORGANIZATION Arm PROCEDURE OF THE GENERAL ASSEMBLY

92

12

Paragraph I. Meeting. time limit. and adlournm~nt. 95

13 (a) The General Assembly shall be a continuous body during 96

14 the term for which the members thereof are elected. The 97

15 General Assembly shall meet in regular session on the seco~d y~

16 Monday in January of each year, or otherwise as prov~ded by

17 law, and may continue in session for a Deriod of no longer 99

18 than 40 days in the aggregate each vear. By concurrent lJ)

19 resolution, the General Assembly may adjourn any re')ul"lr 101

20 session to such later date as it may fix for reconvening.

102

21

(b) Neither house shall adjourn for more than 10l

22 three days or to any other place Without the consent of the 104

23 other. In the event either house, after the thirti~th day 105

24 of any session, adopts a resolution to adjourn f6r a

25 specified period of time and such resolution a~d "lny 101

26 amendments thereto are not adopted by both houses by the end 107

27 of the legislative day on which adjournment was call~d for 1J3

28 in such resolution, the Governor may adjourn both houses for

29 a period of time not to exceed ten days.

IIJ

30

(c) If an impeachment trial is pendin] ~t the end 111

31 of any session, the House shall adjourn and the Sp.nate shall 112

32 remain in sessi0n until such trl~l 1s completed.

11~

- 3-

Paragraph II. Q21h-21-m~rnh~rs. Each Senator and II~

2 Representative, before taking the seat to which elected, II:;

3 shall take the oath or affirmation prescribed by law.

113

4

Paragraph III. ~~. A majority of the le~osrs II ~

5 to which each house is entitled shall constitute a qu~ru~ to 12)

6 transact business. A smaller number may adjourn from d~y to 121

7 day and compel the presence of its absent memhers.

122

8

Paragraoh IV.

Eac1 h')l)s!'! 12 "3

9 shall determine its rules of procedure.

12'5

10

Paragraoh V. Open meetinQs. The ses5ions ')t the 125

II

General Assembly, all com~ittee meetin?s, and all h~arin]s 127

12 shall be open to the public, except when the General 12~

13 Assembly provides otherwise with reg~rd to property

14

transactions or aoooint~ents to or removal fr~~ public IV

15 office.

nJ

16

Paragraph VI. ~ac3~. When a vacancy ')c~ur5 In 1 ~ 1

17 the General Assembly, It shall be filled RS provided ')y thic;

18 Constitution and by law. The seat of a member of either

19 house shall be vacant upon the removal of such me~ber's

20 legal residenc~ trom the district from which elected.

21

Paragraph VII. CpIDpensatign and ~11Jwaoce5. The

22 members of the General Assembly shall recei ve such 137 23 compensation and allowances as shall be provided tor jy law, 133

24 but no change in such compensation or allowance; sh~ll
25 _beco~e effective Drior to the end of the term ~uring which

26 such change is made.

27

Paragraph VI II.

.elee t i Q!l.a.- _rL......,l&,tiol,u.l..r;.&'.;oc:....._ . -'i9'-'t.c.......s..i

10 1dl

28 dlsordprlv conduct. Each house shall be the JUdge of the

29 election, returns, and qualifications of its Memb3rs and

30 shall have power to ounish them for disorderly behavior or 14-1 31 misconduct by censure, fine, imprisonment, or e,,<,pu15i f"ln; hut

32 no me mbe r Sh:l11 be e xpe 11 ed except by a vote 0 f t'!lo-th i rds 14')

33 of the me'llbers of the house to whi~h sllch memher hQlonqs.

IH

- 4-

2

may punish by i~prisonment, not extending beyond the 149

3 session, any oerson not a member who shall be gull.ty of I'l 1'51

4 contempt by any disorderly behavior in its oresence or who 15f

5 shall rescue or at ter.lOt to rescue any persnn arrested oy

6 order of either house.

152

7

Paragraph X. eJ::ltl~-D.L~rnbu~. The ::l~mhers of 1')1

8 both houses shall be free from arrest during sessions of t~e I"i~

9 General Assembly, nr committee me~tin~s thereof, and in 155

10 going thereto or returning therefrom, exce~t for treason, 155

II' felony, or breach of the oeace. No member shRll be l1Rble

12

to answer in any other ~lace for anything spoken in eith~r 1'57

13 house or in any committee meeting of either house.

15:;1

14

Paragraph XI. ~iy? yOCA, vote. All elections hy 161

15 either house of the General Assembly shall be viva 'voce, Ann 16\

16 the vote shall aopear on the respective Journal of each 16~

17 house.

161

18

SECTION V.

165

19

ENACTMENT OF LAWS

\ iS6

20

Paragraph I . JQULO~?nd Act~. Each house sha 11 169

21

k-eep and puolish after its adjournment a Journal of its \70

22 proceedings. r"'e o.ri')inal journals shall be the sole, \71 23 official records of the proceedings of el'lch house an-:l shall \72

24 be preserved in the office of the Secretary of State. Th~

25 General Assembly shall prOVide for the pUblication of th~ \71

26 laws passed at eRch session.

\H

27

Paragraph II. ~ills for re~. A 1l. bills fO,r \7')

28 raising revenue, or aopropriatin~ money, shllll ori')inate in \76

29 the House of Reoresentatives.

\77

30

17~

31

oill shall pass which refers to more than one SUbject rnRtt~r IN

32 or contains matter different from what is exoressed in the 18')

33 title thereof.

181

- '5 -

~ __. _ ._-::..:.=.__ .. ~,:..;.~, l~:.-,---~_'-'- :_:....... _.": _

._ -...~'~

2

No law or section of the Code -shall b9 a~e~d~d or

3 repealed by mere reference to its ti tIe or to the numop.!'" or I ,:::,-

4

the section of tha Code; but the amending or renqalin~ ~:t

5 shall distinctly describe the law to be amended or r~pe~lcd

6 as well as the alteration to be made.

13 7

7

8 bill shall become law unless it shall receive a majority of

9 the votes of all the members to which each house is

10 entitled. and such vote shall so anpear on the Journal of I .~"l.

J 1 each house.

12

Paragraph VI.

In

13 either house. when ordered by the oresidin9 officer or at

14 the desire of one-fifth of the members 9resent or a lesser 19'5

15 number if so orovided bv the rules of 'either h0use. a "
16 roll-call vote on any Question shall be taken and sh~ll he

17 entered on the Journal. The yeas and n"3ys i r. e ':IC') '"louse

18 shall be recorded and entered on the journal "90n tne , ,-> '=,l

19

passage or rejection of any bill or resolution aoorop,i~tin7

20 money and whenever the 80nsti tution requires a vat!'! or

21 two-thirds of either or botb houses for the oassage of a

22 bill or resolution.

201

23

Paragraoh VII. Reading ~~enera) hills. T~e

24 ti tIe of ever! general bi 11 and of every resollltion intend!'!:"! 2J~

25 to have the effect of ,general law or to a'1enci this

26 Constitution or to propose a new Constitution shall be re<ld

27 three times and on three senarate days in each house before

28 such bill or resolution shall be voted upon; and the third 2G5

29 reading of such bill and resolution shall be in their 2J7

30 entirety when ordered by the presiding effic!'!r or by a 2-=:3

31 maJority of the members voting on such clIestion in ei ther

32 house.

20~

33

Paragraoh VIII. Procedure for cQn~1derinJ-l~c~J 21J

34 llQitill1Q.a. The Generi'll Assembl v may orovide bv law tor 211

- 6-

the procedur~ for considering local legislation. Tho. title 21~

2 of every local bill and every resolution intended to h~vA 21~

3 the effect of local law shall be read at lA~5t once before

4

such bi 11 or n~soluti'Jn s~all be voted (Joon; and nc 5U::i) 211

5 bill or resolution shall be voted u!")on prior to thA thirrf 21'5

6 day following its introduction.

211

7

Paragraph IX. Ady'!rtis<>"1AnLQ.L.o2.ticA 12.-irlt.r:2d'lCA 217

B lQ~ leqisl~. The General Assembly shall provide ~y 21 '3

9 law for the advertisement of - notice of into.ntion to 2P

10 introduce local bills.

22)

,1

Paragral'm X. Atls. 5 iO'1ed. All Acts shall be 221

12 signed by the President of the Senate and the Soe~ker of the 222

13 House of Representatives.

223

14

Paragraph XI. SiQoature of n~vernoL. No provision 22<t

15

in this Con~tit(Jtion for a t~I'J-thirds' vote of b0~h h0'Jsp.s 22')

16 of the General Assemoly shall .be construed to W~iVA t~e 22'S

17 necessity tor the signature of the GOvernor 3S in any other

18 case, except in the case of the two-thirds' vote reluind to

19 override the veto or to submit proposed constitutional

20 amendments or a orooosal for a ne~ Constitution.

230

21

Paraqraoh XI I.

231

22 resolution intended to have the effect of l~w, which shall 212

23 nave been rejected by either house shall not be again 2 ~1

24

proposed in the same or similar for'll during the S~"l n'!'1!JI~" 214

25 or special session at which it was rejected wit~o!Jt the

26 concurrence of two-thirds of the house by which the sa~e was 21'1

27 rejected.

236

28

Paragraoh XIII.

217

29

(a) All bills and all 233

30 resolutions wnich have been oassed by the General Asse':lblv 2N

31

intended to nave th~ effect of law shall beco,e law if tha

32 Governor approves or fails to veto the same within six dav~

OB

from the dat~ any such bill or "e~olution is trans~1ttej to

34 the Governor unless the General Assembly adjourns sine die 24~

- 7-

or adjourns for more than 40 days prior to the exniration of

2

~aid six d"'ys. In the case of 511Ch ."'l,nourn"lp'1t ~1:"'p .,i~ 0'-

3 of such adjournment for more than 40 days, the 53me shall

4

beco~e law if 3Q~roved or not vetoed hy t~e GOvernor within 245

5

40 days from the date of any s~ch adjourn~ent.

247

6

(b) During sessi0ns of the General Asse~blv or 24"3

7 during any period of adjour'~ent of a session of the Jeneral 20

8 Assembly, no bill or resolution shall be transmittej to' the 25'')

9 Governor after oassage exceot uoon request of the G~vornor

10 or upon order of two-thirds of the membership of A~ch hou~o. ?"il

11

(c) [he Governor shall have the duty to tr:'3ns..,i t 2,)~

12 any vetoed bill or resolution, together with the reasons for 251

13 such veto, to the presidin~ officer of the house wherein it 2 ")')

14 originated within three days from the date of veto if the 21)5

15 General Assembly is in session on the date of transmission.

16 If the General Asse"1bly adjourns sine dip or adjournc; for 257

17 more than 40 days, the Governor shall transmit any vetoed 25'3

18 bill or resolution, together wi th the reasons for 5uch veto, 21)9

19 to the presiding officer of the house wherein it oriJinated

20 within 40 days of the date such bill or resolution shall 26')

21 have been presented to the Governor.

262

22

(d) Durin] sessions of the General Assembly, "'lny 261

23 vetoed bill or resolution may upon receiot be i~mediately 261

24 considered by the house wherein it originated for the 265

25 purpose of overr(ding the veto. If two-thirds of the

26 members to which such house is entitled vote to override the 26,

27 veto of the Governor, the same shall be immediately 267

28

transmitted to the other house where it may be i~"lediately 269

29 considered. Upon the vote to override the veto by

30 two-thirds of the members to which such other hou~e is 269 31 entitled, such bill or resolution shall become law. All 27')

32 bills ~nd resolutions vetoed durin) the last thrp.e ;3YS of 271

13 the session and not consijered for the puroose of overriding

34 the veto and all bIlls and resolutions vetoed after the 27?

- 8-

General Assembly has adjo~rned sinp. die may be c0n~irlp.ro~ 27~

2 3 General Assembly tor the purpose of overriding the v~to in 275

4 the manner h"!rein provided. If ei ther house sh~ 11 l' "Ii 1 to

5 override' the Governor's veto, nei ther ,",ouse s'1a11 '?"Iin 271

6

. consider such bill or resolution for thp. ouroo~e of 2 ..,.,.,

7 overriding sucn veto.

27'3

8

(e) D1e Governor may approve any a~Dr0pri3tion '1n1

9 veto any other anpropriation in the S8~e bill, And 'lnv 23 )

10 appropriation vetoed shall not bRcomo law unless ~u:h veto 2~1

11 is overridden in the manner herein orovided.

12

Paragraph XIV. AR2rQvaJ. yet? "Inri ovo.rrid'1 ~f

13

veto ll-.QLQ.QQ..:ied amendments tQ this C...,~titutiQ.;) "r~j Q--2.O,

14

LlQ.L~llil.Dil. (a) The GQv.e rnor sha 11 not have the. ~o'I'er to 253

15 veto any propQsal by the General Assp.mbly t'1 provid~ a new 2'3S 16 Constitution or tQ veto a proposed amendment to this

17 Constitution which is general. The GovernQr shall heve the 2'37.

18 Dower to veto a proposed a~endment to this Constitution

19 which is not general.

29:;1

20

(b) All proposed amendments to this Constitution 2YJ

21 which are determined, in the manner provided in Article XII, 291

22 by the Attorney General, the Legislative Counsel, and t~o.

23 Secretary of State 'to be n0t general shall be sub"li tted for 29l

~4 ratification if the Governor approves or fails to veto the

25 same within six days from the date any such oro~osed 294

26 amendment is transmitted to tho. Governor unle~s the General 293

27 Assembly adjQurns sine die or adjourns for more than 40 days 29')

28 prior to the expiration Qf said six days. In the case of

29 such adjournment sine die or of such adjournment for "lQre 297

30 than 40 days. the same shsll be submitted for ratification

31

if approved or it not vetoed by the Governor within ISO days

32

from the date of any such adjourn~p.nt.

3'))

33

(c) Durin~ sessions of the General A~;ernblv or 3':;1

34 ~uring any period of adjournment of a se5sion of the General 30?

- 9-

Assembly, no proposed amendment'to this Constitution ~~ic~

2

is not general shall be trn~smitted to the G1vernor atter

3

passaqe unle ss the Attorney G~neral, the LJgislativa

4 Counsel, and the Secretary of State shall have dater~ined 305

5

that such pro~o5eJ amendm~nt is not general and unln:-~ t~e )'}<,

6 Governor shall have requested that such pro nosed amend,ent ~:J7

7 be so transmitted.

30'3

8

(d) i"he Governor shall have the duty to tri'lns"1it 3eD

9 any vetoed proposed amendl1ent to this Constitution ,'I:'ic'l is 31 )

10 not general, together with the reasons tor sue:' veto, to t~e 'HI

.II presiding officer of the house w:'erein it originated within 312

12

thn~e days tram the date of veto it the General A~c;e!'1''')ly i <;

13 in session on the date of veto. If the General Asse'1>:Jlv, 311

14 prior to the G0vernor's veto, adjourns sine die or aJj0urns 311

15 for more than 40 days, the Governor shall tr..ans''1it an'/ 315

16 vetoed oroposed amendment to this Constitution which is not

17 general, together with the reasons for such veto, to t~e

18 presiding officer of the house wherein it ori?inated within

19

180 days from the date such vetoed amend!'1ent wa~ a~~r~ved bv 3J'3

20 the house last acting on such proposed amendment.

31~

21

(8) All vetoed proposed amend~ents t) this 32)

22 Constitution which are not general shall be SUbject to be 321

23 overridden by the General Assembly in the same '1lanner and

24 pursuant to the same procedures as her~inabove provid~d for 323

25 the oV9rride of. vetoed bills and resolutions.

32~

26

SECTION VI.

32'S

27

EXERCI SE OF PO~'/ERS

327

28

Paragraph I. General powers. The Gener~l Ass~~blv 33)

29

shall hAv~ th~oower to make all laws not inconsiste~t wit~ ~':IJ

30 this Constitution, and not repugnant to the Constitution af ':112

31

the United St"ltes, l'lhichit shall deem nece c;sary 3'"1d :1r"m~r 3'n

32 for the welfare of the state.

~34

- 10 -

Paragraph II. ~~f1c QQweI:.S. (a)

Without ~.35

2 limitation of the powers granted under Paragraoh I, the 336

3 General Assembly shall have the power to provide by law for s 337

4

(I) Restrictions UDon land use in order to 13~

5

protect and oreserve the natural resources, 340

6

environment, and vital areas of this state.

341

7

(2) A militia and for the tri~l by 342

'8

courts-martial and nonjudicial punishment of its 343

9

members, the discipline of whom, when not in

10

federal service, shall be in accordance With law 344

.J I

and the directives of thfl Governor in his capacity

12

as co~mander in chief.

346

13

(3) The participation by the. state and 347

14

political subdivisions and instrumentalities of the 349

15

state in federal programs and the comolianc~ with

16

laws relating thereto, including but not limited to 34~

17

the oowers, which may be exercised to the extent 35)

18

and in the manne r necessary to effect such

19

participation and compliance, to tax, to exoend 3~1

20

public money, to condemn property, and t~ zone

21

property.

352

22

(4) The continuity of state and local 3,3

23

governments in oeriods of Eilmergency rflsultinJ from 354

24

disasters caused by enemy attack including but not

25

limi ted to the suspension of all consti tutional 355

26

legislative rules during such emergency.

356

27

(5) The oarticipation by the state with Any 3~7

28

county, municioality, nonprofit organizati~n, or 3~3

29

any combination t~ereof in the operation of any of

30

the facilities oper"lted by such agencies for the 35;1

31

puroose of encouraging and promoting tou~ism in 36)

32

this state.

361

33

(b) The General Assembly shall have the po~er to 35~

34 implement the provisions of Article I, Section III, 3~3

- .II -

Paragraph 1(2.); Article IV, Section VIII, ?aragraJh II; 36~

2 Article IV, Section VIII, Paragraoh III; and Article X,

3

- Section II, Paragraph XII of this Constitution in force and 353

4 effect on June 30, 1981; and all laws heretofore adopt'!d 315

5 thereunder and valid at the time of their enactment shall 3U

6 continue in force and effect until modified or reoe~l~d.

363

7

Paragraph I II.

35;)

8

General Asse~bly shall not abridge its nowers under thi~ 371

9 Const! tution. No law enacted by the Genp.r"ll A5s'lmbly s'1all 371

10 be construed to limit its powers.

372

.11

Paragrap'1 IV. Limit"ltions on s~~l- legislatlnn 373

12 (a) Laws of a general nature shall have uniforn operation 374

13 throughout this state. No special or local law shall be 375

14 enacted in any case for which provision has b~en ~ade by 375

15 general law.

317

16

(b) Except as her~in prOVided, no bill classifying 373

17 on the basis of population which, if enacted, would a~ply to 37.)

18 a single county or municipality at the time of its en~ct~ent 33 )

19 shall be passed. This prohibition shall not aooly to a bill 'BI

20 classifying on the basis of the population of counties or

21

municipali ties having a population above a specifi~d

22 population or haVing a population below

23

population or a bill re~ealing a previously exi5tin~ law 3d4

24 which classifies on the basis of population.

335

25

(c) No special law relating to the rights or V3S

26 status of private persons shall be enacted.

383

27

Paragraph v. Sqecific -llQLtatiQns. (a) The

28 General Assembly shall not have the power to grant

29 incorporation to private persons but shall orovidp. by 391

30 general law thd mannar in which private corporate oowers and

31 priv(leges may be granted.

32

(b) The Generer A:;sembly shall not forgive the 3~t

33 forfeiture of the charter of any corporation e~istin1 on

34 August 13, 1943, nor shall it grant any benefit to or p?r"lit

- 12 -

any amendment to the charter of any corporation eXcAot unon 395

2 the condition tnat the acceptance thereof shall ocerate a~ a 197

3 novation of the charter and that stich corooTat:ion Shlll

4 thereafter hold its charter subject to the provisions of

5 this Canst itution.

4:):)

6

(c) The General Assembly shall not have the DOW!r 401

7 to authorize any contract or agreement which may have thFl 40<!

8 effect of or which is intended to have thFl effect of 401

9 defeatin~ or lessening competition, or encouragi nq a

10 monopoly, which are hereby declared to be unl~wful and void 40d

.11

(d) fhe General Assembly shall not have the power 40:5

12 to regulate or fix charges of public utilities owned or 407

13 operated by any county or municipality of this state, exco.~t 403

14 as authorized ~y this Constitution.

409

15

Paroqraph VI.

Gratuities.

(a) -Except as 4J)

16 otherwise prOVided in this Constitution, the General 411

17 Assemoly sh~ll not have the power to grant any donation or 412

18 gratuity in favor of, or to forgive any dFlbt or obligation

19 owing to the pUblic fro~, any private person except p~lr5uant 411

20 to a general law authorizing a particular donation or 414

21

gratuity servin~ the public interest adopted in any two 41'5

22

successive regular sessions upon the affirmativ~ vote of 415

23 two-thirds of the members to which each house is entitled

24 and approved oy the Governor withi n 30 days after i t h~s 417

25 been presented to the Governor in each such session. A,ny 413

26 such law may be repealed in the same manner as other la,.,5.

27

(b) All laws heretofore adopted under Article III, 42')

28 Section VIII, Paragraph XII of this Constitution in force 421

29 and effect on June 30, 1981, shall continuFl in force and

30 effect until modified or recealed in the manner provided

31 hereinabove.

423

32

SECTION VI I

42<;

33

425

- 13 -

.-

Paraqrao:, I.

[he Ibus;) of 4;:: ,1

2 Representatives shall have tl')e sole

to vote 43J

3

impeachment charges against any executiv~ or jrldicial 411

4 officer of this state.

4'P

5

ParaJraoh II. Trj 31 of i';\n(E1Ch'1~nt5. Th~ S(loate 41 ~

6 shall have the sole DO\'1er to try im':"leachmentc;. Wh~n sittinq 431

7 for that purooe;e, the Senatore; shall be on oath, or 43'i

8 atfirr'13tion, aod shall be presided over by the Chief Justice 435

9 of toe Supre'Tle Court. Should the Chief Justice be

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 Court to il3~

13 presiJe. No person shall b~ convicted without con~urrence

14 of two-thirds of the members present.

441

15

Paragraph I I I l!J.Qn]enis.....i.ll..1l!lDll-=c"'\"1'lOot. - h c '3se s 44~

16 of impeachment, judgments snaIl not extend .furth~r than 441

17 removal fro~ office and disqualification to hold and enjoy 444

18 any of fice of honor, trust, or "roti t wi thin this s cate or

19 to receive a oension therefrom, but no such judgment shall

20 relieve any party from any criminal or civil liability.

447

21

SECTION VIII.

449

22

INSURANCE REGULATION

450

23

Paragraph I. ReJulat1Qll..Qf-1~llI~. PrOVision 453

24 shall be made by law tor the regulation of insurance.

45'5

25

Paragraph II. ~lli!M~..2L..ljcense5. Insurance 455

26 licenses shall be issued by the Comotroller General as 457

27

required by la~.

45~

28

SECTION IX.

46~)

29

APPROPRIATIONS

451

30

Paragrilph I. PUOI i C '1lo0ev ...,b("J1'! grawn. '10 money 464

31 shall be drawn from t:'e tre:,sllry exceot by apnroj:'lri'ltion 46-5

32 made by 13w.

41'15

- 14 -

Paragraph II. fUlls "lQp".oori;'lti.O:J...m.n.e.~. No bin 467

2

or resolution ADProori8ti~9 monRy sball become a law unle~s, 461

3 upon its passage, the yeas and nays in each hOllse ar~ 469

4 recorded.

47)

5

Paragraph III.

~ratiQn. suhmissiQn. "lni 471

6

4n ~~~ents of general approp"iatl~J2lll. (a) T,e

7 Governor snaIl submit to the General Assembly within five 471

8 days after its convening in regular session each year 3

9 budget message and a budg~t reoort, accompanied by a drAft 474

10

ot a general a~propriations bill, in such form and mann~r AS 47'5

.11 may b~ prescribed by statute, which shall provide for the 471

12 appropriation of the funds necessary t~ operate all the

13 various departments and agencies and to meet the current 477

14 expenses of the state for the next fiscal year.

4N

15

(b) The General Assembly shall annually 49)

16 appropriate the funds necessary to operate all the various 431

17 departments anj agencies and meet the current exoenses ,f .i'p

18 the state tor the next fiscal year. loe fiscal year ot th~

19

stat~ shall co~mence on the first day of July of each year 4in

20 and terminate on the thirtieth ot June following.

4~5

21

(c) The General Assembly shall by general l3w 495

22

provide for the r~gulation and management of the finance and 437

23 fiscal administration of the state.

4~3

24

Paragraph I V. .QenAr:iiL-armI:Q2tiatlonc;.Jl1.ll. The 4"19

25 general appropriations bill shall embrace nothing exceot 49)

26 appropriations fixed by previous laws; the ordinary Axoenses .i91

27 ot the executive, legislative, and judicial deoartments ~f 49?

28 the government; payment of the public debt and interest

29 thereon; and for suoport ot the public institutions and 491

30 educational interests ot the state. All other 49i

31 appropriations shall be made by SRparatA bills, e"lch

32 embracing but 0ne subject.

495

13

Parayraph V. .Qao~_~orQQrigt~i0~n~s __~~~c~t. (a) 497

34 Each general aooropriations Act, now ot torce or hereaftp.r 49'i

- 15 -

\.

1-

adopted with such amendments as are adopted fr0~ time to 49;)

2

time, shall continu~ in t"'rce and ~tfect for the next fi"r.ill

3 year after adootion and it shall then expire, except for the 5'JJ

4 mandatory appropriations required by this Constitution and ':)-)\

5

those required to m~9t contractual obligations authorized bv 5'J~

6

this Constitution and the continued acpropriation of ted~ral

7 grants.

5a~

8

(b) [he General Assembly shall not aooraoriate '504

9 funds for any gIven fiscal year which, in a1~regat~, exceed 505

10 a sum equal to the .:lmount of unaooropriated slIrol'Js e'(p~(;t~i 50:'>

JI

to have accrued in the state treasury at the be7in"inj at 517

12 the fiscal year together with an amount not greater t,an the 5C)~

13 total treasury receipts trom eXistin~ revp.nue sources

14 anticipated to be collected in the fiscal year, le"5

15 refunds, as estimated in the budget reoort and ilmendments S1 )

16 thereto. Suople:nentary 30oropriations. if any, sh"lll be 511

17 made in the manner provided in Paragraoh VI of this 5ectio~

18

of the Constitution; but in no event shall a supple~entary 512

19 appropriations Act continue in force and effect beyond the 51l

20 expiration ot the general anpropriations Act in effect wh~n 514.

21 such supplementary appropriations Act was adopteJ and

22 approved.

515

23

(c) Allaporopriated funds, except for the 516

24 mandatory appropriations reQuired. by this Constitution, 517

25 remaining unexpended and not contractually obligated at the 51,

26 expiration ot such general aopropriations Act shall lilPse.

27

(d) All tederal funds received by thp. State of 52:)

28 Georgia are hereby continually aopropriated in the exact 521

29 amounts and tor the purooses author1.zed and directed by the 52?

30

federal govern~ent in makin~ the grant.

523

31

(e) [he state, state institutions, and dqDart~ent~

32 and agencies of the state are hereby prohibited from 525

33 entering into any contr"lct \'lith any DubHc agency or I')ublic 52')

34 corporation or authority pursuant to the orovi sione; of 527

- 16 -

Article IX, Section VI. Paragraph I(a). which suc~ c~ntract 527

2

constitutes s9~urity for bonds or oth~r obli~atio~~ i~sued 529

3 by any

4

authority; and the aopropri~tion or expe0diture of ~ny funds 530

5 for th~ payment of obligations under any suc~ contr1ct is

6

likewise pronioited at any time when t~e agqre~ate annual 53\

7 payments under all such contracts. including the contract or 51~

8 contracts propJsed to be entered into. exceed 15 perc~nt of 511

9

the total revenue receipts less refunds of t~e st~te 534

10 treasury in the fiscal year immediately precejing the ~aking

11 and enteri ng i !lto 01' any such contract; . provided, however, 535

12 this provision shall not affect contracts validly ~ntere~ 535

13 into prior to the effective date of the amendment to Article 537

14 VII, Section IX. Paragraph II of the Constitution of 1945

15

adopted ~ovember 6. 1962. The execut ion of an,, such 53~

16 contract is further prohibited until the General A~se~bly 53?

17 has specifically pr~vided funds in an aporoprlations ~ct f~r 54J

18 the payment of at least one year's rental under such

19 contract.

541

20

Para?raph VI.

(.L,)t....hiJ.'"-,rJ-._ _ QJ:

54?

21

a.Qp ro Pria t..i.Q.Qs.. In addition to the appropriationsnade bv 543

22 the general aporopriations Act and amendments thereto, the 544

23 General Assembly may make additional appropriations by Acts,

24 which shall be known as supplementary appropriation Acts. 545

25 provided no such supolementary appropriation shall be 545

26 available unless there is an unappropriated surplus in the 547

27 state treasury or the revenue necessary to pay suc!"!

28 appropriation shall have been prOVided by a tax laid for 543

29 such purpose and collected into the general fund of the 54;)

30

state treasury. ~either house shall pass a supple~entary 55:)

31 appropriation bill until the general appropriations Act

32 shall have been finally adopted by both houses and aoproved 55\

33 by the Governor.

552

- 17 -
.
~4\AMiE&it'l1"''''1'"w~.4tt.5.1tIl!Odt''''''.i4i&S'

Paragraph VII. ~oropri3tion~tQ be for S2~~ 53<

2

~.

(a) Except as herein3fter orovided, the

3 appropriation for each department, officer, bureal', board,

4 commission, a:Jency, or institution for which aporopri'3tir')n

5 is made shall be for a specific sum of ~oney; and n0 555

6 appropriation shall allocate to any object the oroceedsof 557

7 any particular tax or fund or a part or percentage there0f.

8

(b) An amount equal to all money derived fro~ 55')

9 motor fuel taxes received by the state in each of the 561

10 immediately preceding fiscal years, less the amount of 552

JI refunds, rebates, and collection costs authorized by law, is

12 hereby aporooriated for the fiscal year beginning July I, of 561

13 each year following, for all actiVities incident to

14 providing and ~aintaining an adequate system of public roads 565

15 and bridges in this state, as authorized bylaws enacbd by 565

16 the General Assembly of Georgia, and for grants to counties

17 by law authoriZing road construction and maintenance, as

18 provided by la'"" authoriZing such gnmts. Said SU'll is here~'J

19 appropriated for, and shall be available for, the aforesaid

20 purposes regardless of whether the General Asse~bly enacts a 56~

21 general appropriations Act; and said sum need not be 57)

22 specifically stated in any general appropriations Act oassed 511

23 by the General Assembly in order to be available for such

24 purposes However, this shall not preclude the :,eneral 572

.25 Assembly from appropriating for such purposes an amount 51~

26 greater than the sum specified above for such purposes. The 51!.

21 expenditure of such funds shall be subject to all the rules,

28 regulations, and restrictions imposed on the expenditlJre of 575

29 appropriations by provisions of the Constitution and laws of 515

30 this state, unless such provisions are in conflict with the 517

31 provisions of this paragraph. And provided, however, that 573

32 the proceeds of the tax hereby aoprooriated shall not be

33 subject to bud]etarv reduction. In the event of invasion of 51?

34 this state by land, sea, or air or in case of a major 53)

- 18 -

catastrophe so proclaimed by the Governor, said funds m~y bA 5'11

2 utilized tor defense or relief purooses on the executive 532

3 order of the Governor.

58l

4

(c) A trust fund tor use in the payment at 58~

5 disabili,ty benefits for expenses resulting fron the 585

6 combination of a previous disability with an employee's 58S

7 subsequent employment rel~ted injury may be provided for by

8 law. As authorized by law, revenues raised tor purposes of 587

9 the fund may be oaid into and disbursed from the trust 58~

10

without being subject to the limitations of subpar~gr4oh (~) 58~

"

of this ParaJraph or of Article VII, Section II, Paragraph

12 II I.

59::>

13

Para~raoh VIII. Appropriations void. whqn. Any 591

14 appropriation made in conf lict wi th either of the foreooin') 592

15 provisions shall be void.

- 19 -
\-1

PRESENT CONSTITUTION

ARTICLE ~II.

534

2

LEGISLATIVE BRANCH

535

3

SECTION I.

537

4

:LEGISLAT~VE POWER, WliERE VESTED

538

5

Paragraph 1. Power vested in G~4ergl_ As~Q1I. 541

6

The le9~slative power 0.1 the State shalL be vested in a 542"

7 General Assembly which shall consist of a Senate and House 543

8 of Representati ves.

545

9

SECTION II.

547

10

SENATORIAL DISTRICTS

548

11

Paragraph 1. !2rtionment of Senate. The Senate 551

12 shall consist of not less than fifty-four and not more than 552

13 fifty-six members. Each Senator shall be elected from and 553

14 represent one Senatorial District. The General Asseably may 554

15

create, rearrange and change Senatorial D~stricts as it 556

16

~eems proper. The apportionment of the Senate shall be 557

17 changed by the General Assembly, if necessary, after each 558

18 United States decennial census becomes official.

560

19

l'aJ:agraph II. 2,yalifications Q~__~nator2. The 563

20 Senators shall be citizens of the United States, who have 564

21 attained the age of twenty-five years, and who shall have 565

22 been citizens oi this State for four years, and for one year

23 residents of the districts from which elected.

567

21t

SECTION III.

569

25

BEl'RESENTATIYE DISTRICTS

570

26

Paragraph I. !Rortionment of the House--21 574

27

g~!entativ~. The House of Representatives shall consist 575

28 () f repl:esentativesapportioned allong the Representative 576

29 Districts 0.1 the State. The General Assembly may create, 577

30

rearrange and change Representative Distr~cts as it deems 578

- 15 -

pIDper. The aPfortiQ~ment of the House of Re~resentatives 578 2 shall be changed by the "eneral Assembly, if necessary, 579 3 after each United states decennial census becomes official. 580

14

Pacagraph ~I. ~aliiications of i~~tative~. 583

5

The Representat~ves shall be citizens of tae United States 58q

6

II in have attained the age of twenty-one years and who shall 585

7 h ave been citizens of this State for two years, and for one 586

8 year residents of the districts from which elected.

588

9

SECTION IV.

590

10

OFFICERS OF THE GENERAL ASSEMH1X

591

11

Paragraph 1. Presi~ent and President Pro remp~~. 594

12 The presiding officer of the senate shall be styled. the 595

13

President ot the Senate. A President Pro Tem~ore shall be 596

14 a !ected vi va voce from the Senators and shall become 597

15 President ~n case of the death, resignatLon or permanent 598

16 disability of the president or in the event ot the 599

17

succession of the president to the e~ecutive power. In the

18 e want the president is unable to perform the duties of his 600

19 office because of temporary disability, the President Pro 601

20 Tempore shall act as President during the period of 602

21

temporary disability. In the event the President Pro 603

22 Te.pore becomes President while the General Assembly is in 60q

23 session, the senate shall elect a President pro Tempore viva 605

214

voce from the Senators. In the event the President Pro 606

25 Tempore becomes President at a time when the General

26 Assembly is not in session, the senate shall elect a 607

27 President Pro Tempore viva voce froll the Senators at the 608

28 next session, if ani, during the same term, whether it be a 609

29

regular session or an e~traordinary session. The General 610

30 Assembly shall prOVide by law for the methou of determining 611

31

disability as provided in this Paragraph. When a President 612

32 Po> Tempore becomes President of the Senate as provided in 613

33 this Paragraph, such President shall receive the same

- 16 -

C OIIlpensat1.on and allowances as the Speakee of the House of 611l

2

BepeesentaLives. The provisions of this Para9raph shall 615

3

become effective on the first day of the re9ular session of 616

Il

t he General Assembly in 1917.

617

5

Paragraph 11. Speaker. The presid1.ng officer of 619

6

t be House of Representatives sha~l be styled the Speaker of 620

1

t he House of RepeesellLatives, and shall be eJ.ected V1.va voce 621

8

feom tne Representatives.

A Speaker Peo Tempore shall be 623

9

elected viva voce from the &epresentatives and shall 'act in 621l

10

case of the death, eesignation or disability of the Speaker,

11

or in the event of his succession to the executive power.

626

12

Paragraph Ill. Officers of the TWQ_ Houses. The 629

13

officers ot the two houses, other than the President of the

11l

Senate and the Speaker of the House, sha~l ve a President 630

15

Pro Tempore and a Secretary of the Senate and a Speaker Pro 631

16

Tempore and a Clerk of the House of Representatives, and 632

17

such assistants as each House lIIay provide fOl:.

63 Il

18

SECTION V.

636

19

G~NLhAL ASSEMbLY; ORGANIZATION AND P~OCEDURE

637

20

Par:agraph 1. Term of Members. The 'melllbees of the 61la

21

General Assembly saall be elected for two years, and shall 6111

22

serve Wltil the tillle fixed by lall for the convening of the 6112

23

General Assembly in the year following the secOnd year of 6113

21l

such malAber's term ot office.

6115

25

paragraph 11. !lection~he~. The first election 6117

26

far members ot the General Assembly, under this Constitution 6118

27

shall take p~ace on Tuesday after the f1.rst Monday in 650

28

November, 1978, and subsequent elections biennially, on that

29

day, until the day of election is changed by law.

652

30

Paeageaph Ill. Meeting; time lilll1.ti adjou&Dment., 6511

31

The Geneeal Assembly shall meet in regUlar session on the 656

- 17 -

second Mondax in Jauuarx of each year. Hy c~ucurrent 656

2

resolution ado~ted bX a major~ty of the membe~s elected to 657

3 both Houses of the General Assembly, the General Assembly 658

4

may adjourn any regular session to such later date as it may 659

5 fix for reconvening in regular session but shall remain in 660

6

regular session no longer than forty days 1.n the aygrega te 661

7

each year. Separate periods of adjournment max be fixed by 662

8

ona or more such concurrent resolutions. The Senate and the

9 House of Representatives. shall organize each odd-n4mbered 663

10

year ana shall be a different General Assembly for each 664

11

twa-year period. All business pending in the Senate or the 665

12 House of Representatives at the time of adjournment of any 666

13 regular session max be considered at any reyular session of 667

14

the same General Assembly, as if there had been no 668

15

~djourn~nt. Nothing herein shall' be construed to affect 669

16

the pover of the Governor to convoke the General Assembly in 670

17 a rtraordinary session, or the duty of tile Governor to

18

convene the General Assembly in extraordinar,y session upon 671

19

the certif iea te of three-fif t bs of the lIellbers elec ted to 672

20

the SeDate and the House of Representatives as provided in 673

21

Article V, Section II, Raragraph III of this Constitution. 674

22 If any impeachment trial is pending at the end of any 675

23

regUlar or extraordinary session, the Senate lIay continue in 676

24 session until such trial is completed.

671

25

Paragraph IV. Qa!A of fteaber2. Eaca Senator and 679

26

Representative, before taking his seat shall take the 681

27 following oath, or affirmation, to-wit: -I will support the

28 Constitution of this State and of the United States, and on 682

29

all quest~oDs and measures which oy come before me, 1 viII 683

30

so cODduct lI,yself, as viII, in my judymeDt, be most 685

31

conducive to the iDterests and prosperity of this State.-

686

32

Paragraph v~ Quorum. A majority of each House 688

33

shall constitute a quorum to transact business. but a 689

34 s IIlller nuaber may adjourn fro. day to da,y and compel. the 690

- 18 -

p~sence of its absent members, as each House may provide. 691

2

Paragraph VI. Adjournment. Neitaer House shall 695

3

a dj Ollrn f or more than three days, or to ani' other place, 696

4

without the consent of the other, aud in case of

5 disagreement between the two Houses on a question of 698

6

adjournment, the Governor may adjourn either, or both of

7

them.

699

8

Paragraph

VII.

Appointments 701

9

No person holding a military commission, or 702

10

other appointment, or office, having any emolument, or 703

11

compensation annexed thereto, under this State, or the 704

12

United States, or either of them except Justices of the 705

13

Peace and officers of the .i~itia, nor any defaulter for 106

14

public money, or for any legal taxes requirea of him shall 701

15 have a seat in either house; nor shall any Senator, or 108

16

aepresentative, after his ~ualification as such, be elected 709

17

by the General Assembly, or appointed by the ~overnor, 710

18

either wi th or without the advice and consent of the Senate, 711

19

to any office or appointment having any emolument annexed 112

20

thereto, during the time for Which he shall have been 713

21

elected, unless he shall first resign his seat, provided, 714

22

however, that during the term for which he was elected nO 715

23

Senator or Representative shall be appointed to any civil 71&

24

office which has been created during such tera.

718

25

Paragraph VIII. kemoval Froll DistrictL Effect of. 721

26

T he seat of a member of either house shall be vacated on his 722

21 removal from the district from which he was elected.

724

28

Paragraph IX. Compensation and Allowances. The 727

29

members of the General Assembly shal~ receive such 728

30

caapensation and allowances as shall be provided for bl law 729

31

but no change in such compensation or allowances shall 730

32 become effective prior to the end of the term during which 731

33 slX:h change is made.

732

- 19 -

Paragraph~.

lectionL~urns. ~tc._~isQ~

734

2

~g~~. Each House shall be the judge of tne election, 736

3 returns, and qualifications of its members and shall have 737

4

pOller to punish them for disorderly behavior. or misconduct, 738

5

by censure, fine, im~risonment. or expulsiou. but no member 739

6 shall be expelled. except by a vote of two-thirds of the 740

7 House to IIhich be belongs.

741

8

Para~raph XI. Contempts,How Punisned. Each House 743

9

II ay punish by illlpr~sonment, not extending beyond the 744

10 session, any person, not a melllber, who shall be qulty of a 745

11

contempt, by any d~sorderly behavior in its ~resence, or who 746

12 shall rescue, or attempt to rescue, any persou arrested by 747

13 order of eitDer House.

149

14

Paragraph XII. Privilege of Memoer2. The members 751

15

of both Houses shall be free froa arres~ aurin~ their 753

16 attendance on the General Assembly, and in going thereto, or

17 returning therefrom, except for treason, felony, larceny, or 754

18

breach of the peace; and no meaber shall be liable ~o answer 756

19 in any otheL place for anything spoken in debate in either 757

.20 House.

758

21

Paragraph 1111. !iva Voce Yotej Place of Meeting. 760

22 All elections by the General Assembly shail oe viva voce. 761

23 and the vote sball appear on the Journal at the House of 763

24 Representatives.

.hen the Senate and House of 764

25 Representatives unite for the purpose of election, they 765

26 shall meet in tbe Representative Hall, and the President of

27 the Senate shall, in such cases, preside and declare the 766

28 results.

767

29

SECTION VI.

769

30

IMPEACHMENTS

770

31

Paragraph I.

!i.P..lIot.!iw!.::!e:JrlL-_t~o~~I.l!IILtP::=e:.5a~c Al.

The House of

774

32

Representatives shall ha ve the sale power t"O vote 775

- 20 -

impeachment cnarges against all ~ersons who shall nave been 775

2

or may be in office..

777

3

Paragraph II. Impeachments. The Senate shall have 719

4

the sale power to trj impeachments. When sitting for that 781

5

purpose, the Senators shall be on oath, or affirmation, and 782

6

shall be presided over by the Chief Justice of the Supreme 783

7

: ourt. Should the Chief Justice be disquai~fied, then the 784

8

P residing Justice shall preside. Should the Presiding 785

9

Justice be disqualified, then the Senate shall se'lect a 787

10

Justice of the Supreme Court to preside. No person shall be

11

cODvicted without concurrence of two-thirds of the members 788

12

present.

790

13

Paragraph

III.

Judgments in

793

14

Judglle,nts, in cases of impeachllent, shall not extend further 794

lS

than removal froll office, and disgualification to hold and 795

16

anjoy any office of honor, trust, or profit, within this 796

17

state; but the party convicted shall nevertheless, be 791

18

liable, and subject, to indictment, tria~, judgment, and 798

19

punishment, according to law.

199

20

SECTION VII.

801

21

ENACTMENT OF LAWS

802

22

Paragraph I. ~QYnals and~. Each House shall 805

23

keep' a journal of its proceedings, and pUblish it 807

24

immediate11 atter its adjournment. The General Assembly 808

25

shall ~rovide for the pUblication of the laws passed by each 809

26

sESsion.

810

27

Paragraph II. Where JourQals K~~. The original 812

28

journal shall be preserved after pUblication, in the office 813

29

of the Secretary of State, but there shall be no other 815

30

record thereof.

816

31

Paragraph III. Bills to Be Bead. Every bill, 818

- 21 -

before it shall pa~s, shall be redd th~~e times, and on 819

2

three separate ddys, in each nouse, unl~ss in cases of 820

3

aet~alinvasion, or insurrection, but the first aud second 821

4

reading of each local bill, shall consist of the reading of 822

5

the title only, unless said bi1.1 is ordered to be engrossed. 823

6

Paragraph 1 V.

826

1

law shall pass wi.lich reters to more than one sunject matter, 827

8 or contains matter ditferent from what is expressed in the 828

9 title tbereot.

830

10

Paragraph V. Yeas and Nays, When Taken. The yeas 832

11

and nays on any ~uestion shal.l, at the desire of one-fifth 833

12 of the members fLesent, be entered on the Journal.

835

13

Paragraph VI. Yeas and Nays to He Entered, Whe!l. 837

14

Whenever tne Constitution requires a vote ot two-thirds of 838

15

either or both houses for the pa~sage of an act or 840

16

resolution, the Jeas and nays on the passa~e thereof shall

11 be entered on the Journal.

842

18

Paragraph V~l. Majority of Bembers to pass Hi1.1. 844

19

No bill shall become a law unless it shall receive a 84&

20

majority of the votes of all the members elected to each 841

21

Bouse of the General Assembly, and it shall, in every 848

22 instance, so appear OD the Journal.

849

23

Paragraph VIII. ~s For Bevenue. All bills for 851

24

raising revenue, or appropriating money, shall originate in 852

25 the House ot Representatives, but the Senate may propose, or 853

26

concllr in alllE!J1daents, as in other bills.

854

21

Paragraph IX. Notice of lntent~on !2-Ask Local 851

28

~~~tion-!~A~. No local or special bill shall be 858

29

passed, IInless notice of the intention to apply therefor 859

30

s hall have been published in the newspaper in which the 860

31

Sheriff's advertisements for the locality affected are 861

32 published, once a week for three weeks dllring a .period of 862

- 22 -

sixty days immeaiately ~ceceding its introuuction into the 862

2

General Assembly. No local or special bill shall b~come law 863

3

unless there is attached to and made a part of said bill a 864

4

copy of said notice certified by the publishec, or 866

5

accompanied bX an affidavit of the author, to the effect 867

6

that said notice has been published as prOVided by law. No

7

~ffice to which a person has been elected shall be 868

8

abolished, nor the term of the office shortened or 869

9

lengthened by local or special bill during the tet:1II for 87 ()

1()

v blch such person WitS elected unless the same be approved by 811

11

the people of the Jurisdiction affected in a referendum on 872

12

the question. Whece any local law shall. add any member or 873

13

members to any mun~cipal or county governin~ authocity, the B14

14

members of which are elected by the people, such local law 875

15

must provide that the member or meabers so added must be 876

16

elected by the gualif~ed voters of the pol.itical SUbdivision 817

17

affected under such rules as the General Assembly may in 878

18

said law pcovide.

879

19

Paragraph x. ~! Signedi Rejected Bill. All 882

2()

acts shal~ be signed by the president of the Senate and the

21

Speaker of the House of aepresentatives, and no bill or 8B4

22

resolution, intended to have the effect of a law, which

23

shall have been rejected by either house, shall be again 886

24

proposed during the sallie session, under the same or any 881

25

other ti tle, without the consent of two-thirds of the House

26 by Which the sallie was rejected.

889

27

Paragraph II. Si~ature of Governo~. No provision 891

28

in this Constitution for a two-thirds vote or both aouses of 892

29

t he General Asse IIbl,Y shall be construed to wai ve the 894

30

necessity tor the signature of the Governor as in any other

31

case, except in the case of the two-thirds vote reqUired to 895

32 override the veto, to submit constitutional amendments or a 896

33

new Constitution, and in case of prolongation of a session 891

34 of the General Assellbly.

898

- 23

Paragraph XII. Statute and~~tions of Code, ll~ 900

2

!~ndgg. ~o law, or Section of the Code, sh~ll be amended 901

J or repealed uI mere reference to its title, or to the number 902

4 of the Section of the Code, but the amending, or repealing 903

5 a ct, shall disti:tl)' describe the law to be amended or 905

6 repealed, as well as the alteration to be madt!.

906

7

SECTION VI~I.

908

8

GENERAL ASSEMbLY; EXERCISE OF POIiEBS

909

9

Paragraph ~. ~.s of the Gene{al Assemolz. The 912

10

~eneral Assembly sha~l have the power to make all laws 914

11

consistent with thi~ Constitution, and not repugnant to the

12 Constitution of the United States, which they shall deem 916

13 necessaci and proper ior the welfare of the State.

917

14

Paragraph II. Right of J::minellt Domai:.~. The 920

15 exercise of the right of eminent domain suall never be 921

16 abcidged, nor so construed as to prevent the General 922

17 Assemblx Lro. taking propert)' and franchises, and subjecting

18 t hem to pUblic use.

19

Paragraph Ill. Police Powe~. The exercise of the 926

20 police pover of the state shall never be abridged, nor so 928

21

C alstrued as to permit the conduct of business in such 929

22 manner as to infringe the equal rights of others, or the 930

23 general veIl-being of the State.

931

24

Paragraph lIlA. ~~itions upon hand_[g_tor the 933

25

~I2~ctio~t-_~~ Resource~nvironwent--A~g Vital

934

26

!~~. The General Assembly shall have the authority to 935

27 pm vide restric tions upon land use in .order to protec t and 936

28 preserve the natural resources, environment and vital areas 937

29 of this State.

938

3()

Paragraph IV. Qmpensation and Allov~~ of 940

31

llecti~tticial2A-~Q~changgg. The General Assembly may, 941

- 24 -

a t any time, J/rovide by law other and diffen,nt cOlllpensation 942

2

or allowances for all of the elective officers provided for 943

3

in this Constit uti on.

944

4

Paragraph V. Corporate Powers, do~nt~~. The 946

5

General Assembly shall have no power to make o change 949

6

election precincts, nor to establish bridges or ferries, nor 950

7

to change names of legitill1ate children; but it shall 951

8

prescribe by law the manner in which such powers shall be 952

9

exercised by the courts. The General Assembly shalL have no 953

10

power to grant corporate powers and priviieges to private 954

11

companies, but it shall prescribe by law tae ~anner in which 955

12 such power to grant corporate powers and priVileges to 956

13

private companies snall be e%ercised by the Secretary of 957

14

State. All corporate powers and privile~~s to banking, 958

15

trust, insurance, railroad, canal, navigation, express and 959

16

telegraph companies shall be issued and ~ranted by the 960

17

S ec::retal:l of S t~te in such manner as shall. ue prescribed by 961

18

law; and it in any event the Secretary.of ,State snould be 962

19

disqualitied to act in any case, then ... n that event the 963

20

legislature shall pl:ovide by genel:al law by what person such 964

21

charter shall be granted.

965

22

pal:agraph VI. Chal:tel:s Revived or Amended Subject 967

23

to Constitutio!!. The Genel:al Assellbly shall not I:emit the 968

24

forfeitUJ:e of the chal:tel: of any cOl:p0l:ation existing at the 969

25 time the constitution of 1945 became effective, nOI: alter or 970

26

amend the same, nOI: pass any other general 01: special law, 972

27

for the benefit of said corpol:ation, except upon the 973

28

condition that such cOl:pol:ation shall thereaftel: hold its 974

29 chartel: subject to toe, pl:ovisions of this Constitution; and 975

30

every amendment of any chartel: of any corpol:ation in this 976

31

State, 01: any special law for its benefit, accepted thereby, 977

32

shall operate as a novation of said charter and shall bring 978

33

the salle undel: the pl:ovision of this Constitution.

980

- 25 -

,,
! -.::I(

Paragl: aph VII.

Recoqnizance2

The General 982

2

Assembly shall ~ave no power to relieve principals or 983

3 securities upon forfeited recognizances, from the payment 984

4

thereof, either .before or after judgment thereon, unless the 985

5

principai in the recognizance shall have been apprehended

6 and placed in the custody of the proper officers.

981

7

Paragraph VIII. ~ontracts to~tg~ Competition. 989

8

All contracts and agreements, which may have the effect, or 990

9

be intended to have the effect, to defeat or lessen 992

10 c ompe tition, OJ: to encourage monopoly, shali be illegal and

11

void. The General Assembly of this State shall have no 994

12

power to authoJ:ize any such contract or a9reem~nt. The 995

13 :; eneral Assembly sha.l.l enforce the provisions of this 996

14 Paragraph by appropriate legislation.

997

15

Paragraph IX. ~!i-Ytility Taritrs and Charqe2. 999

16

The power and authority of regUlating railroad freight and 1000

11

passen~er tariffs and of charges of public utilities for 1002

18

t heir services, of preventing unjust discriainations, and 1003

19

requiring reasonable and just rates of freigllt .and l,Jassenger

20

tariffs and of charges of pUblic utilities, are hereby 1005

21

conferred upon the General Assembly, whose duty it shall be

22

to pass laws fLo. time to time, to regulate such tariffs and 1006

23 charges, to prohibit unjust discriminations by the various 1007

24

railroad and pUblic utilities of this State, and to prohibit 1008

25 said railroads and pUblic utilities from charging other than 1009

26

just and reasonable rates and to enforce the same by 1010

21

adequate penalties, provided, nevertheless, that such power 1011

28

and authority shall never be exercised I.n anI vay to 10 '2

29

regulate or fix charges ot such public utilities as are or 1013

30

lIay be ovned or operated by any county or municipality of 1014

31

this state. except as provided in this Constitution.

1016

32

Paragraph I. Bebates. 10 pUblic utility company 1018

33 shall give, or pay, anI rebate, or bonus in the nature '020

- 26 -

thereof. d~rectly or indirectly. or do any act to m~slead or 1021

2

deceivE tbe public as to the real rates charged or received 1022

3

for freigbt or passage or services furnisned. any such 1023

4

payments shall be ille9al and void. and these prohibitions 1024

5

s hall. De enforced by suitable penalties.

1025

6

Paragraph XI. street RgilwaY2'

The General 1028

1

Assembly sila 11 not a utaorize the construction of any street

8

passenyer railway. within the limits of any ~acorporate town 1029

9 or city. without the consent of the Corporate Authorities. 1030

10

Paragraph XII. Gratuitis: Ex~eptio~2'

1034

11

1. Excep t as prov.~ded in this Constitution. the 1035

12 General Assembly shall not by vote. resolution. or order. 1036

13 grant any donation or gratuity in favor of any person. 1031

14

c arporatiou 01: association.

1038

15

2. The Genera~ Assembly shall uot grant or 1040

16 authorize extra compensation to any public officer. agent or

17

contractor after the service has been ~endered or the 1041

18 contract. entered int.o.

1043

19

3. The General Assembly is aut.horized t.o provide 1044

20

by law for the payment of two hundred aud fifty thousand 1046

21

dollars ($250.000.00) to tne first person. fira or 1047

22 corporation. or combinat.ion thereof. which puts down and 1048

23

b rings in the first commercial oil well in this State. Such 1049

24

well must produce at least 100 barrels of oi~ per day. and 1050

25 t he determination as to whether such well. is producing this 1051

26 a mount is hereby vested in the Commissioner of Natural 1052

27

Resources. Said l.aw shal.l provide for the distribution of 1053

28 said amount as the General Assembly may by st.atute provide 1054

29

between the comfany or individual who drills or causes to be 1055

30

drilled said well. the contractor who furnishes the 1056

31

equipment. among such work.men and employees actually engaged 1051

32 in the job. and to the mineral and/or property owner where 1058

33

the well is drilled. The General Assembly shall provide for 1059

34

t he method of payment by the Governor.

1061

- 21 -

1

4. The General Assembly is hereby authorized to 1063

2 provide by law tor the granting of funds to a county in 1064

3

vhich is located land belonging to the State consisting of

4

at least ~a,ooo acres from Which such county receives no 1066

5 taxes. i'he General Assembl}' is authorized to provide in 1067

6 such law the procedure for detecmining tne aUlount of funds

7 and all otner matters relative to an}' such grant.

1069

8

5. Notwithstanding an}' other provisions of this 1071

9

Constitution, the General Assembl}' is hereb}' authori~ed to

10

provide DI laM for the indemnification with respect to 1073

11 death, personal injucl or property damage sustained in 1074

12 preventing the commission ot a crime against the person or

13 property ot another, in apprehending a criminal, or in 1076

14 assisting a peace otficer in prevention of a crime or 1071

15

apprehension of a criminal. Such lav may prov~de for the 1078

16 method of payment of such indemnification and all other 1079

17 matters relative to the purposes ,herein provided. The 1080

18

General Assembly is hereby authorized to a~propriate State

19 funds for toe palment of such indemnification and ior the 1082

20 purpose 01 implementing anl law as autaorized b}' this

21

paragraph.

1083

22

6. Notwithstanding an}' other prov4sions of this 1085

23 Constitution, the Department of Industr}' ana i'rade, in order

24 to make Georgia competitive vith other states in securing 1087

25 new business, industry and tourism, is hereby authorized to

26 expend available funds tor the business meals and incidental 1088

27 expenses of bona tide industrial prospects and other pecsons 1089

28 who attend au}' meet4ng at the request of the Department to 1090

29

discuss the loea tion or development of nell business, 1092

30 industr}' or tourism within the State. All such expendituces

31

s ball be verified b}' vouchers sholling the date, place, 1094

32 purpose and persons Lor whom such expenditures were made. 1095

33 T he Slate Auditor shall conduct an audit of such 1096

34 expenditures at least ever}' six months.

1097

35

7. i'he General Assembl}' is hereby authorized to 1098

- 28 -

provide by law for a program of indemnificatLon with respect 1099

2

to the death of any law enforcement offLcer, fireman or 1100

3

prison ~uard who is or has been killed in tne line of duty 1101

!J

subsequent to January 1, 1973. such law lIay provide for the

5 II et hod of pay lien t ot such indemnification and all other 1102

6 lIatters relative thereto; prOVided, that no such law may 11 03

1

provide an indemnification with respect to the death of a 110"

8

law enforcement officer, fireman or prison guard which is in 1105

9 excess of $50,000. The General Assembl.y is hereby

10 authorized to levy taxes and to appropriate state funds, to 1106

11

provide for insurance, to prOVide for a continuing fund or 1107

12

to prOVide for a combination thereof for the purpose of 1108

13

providing payment of such indemnification and for the

H

purpose of iaplelllenting any law which has been or shall be 1109

15 enacted pursuant to the provisions of this paragraph.

1110

16

d. Any provision of this Paragraph to the contrary' 1111

11 notwithstanding, the General Assembly is authorized to 1112

18

provide by law for the donation or gratuitous transfer of 1113

19 books and other printed materials, which are owned by the

20

State and whic h have been found and declared to be surplus, 111,.

21

to bona fide nonprofit civic, educational or charitable 1115

22 organizations when such books and materials, or the proceeds 1116

23

from the sale thereof, are to be used for Dona fide civic,

2!J education or charitable activities or purposes.

1118

25

9. The General,Assembly is hereby authorized to 1119

26

provide by law for compensating innocent YLctims of crime. 1120

27

The General Assembly is authorized to define the types of 1121

28

victims eligible to receive compensation and to vary the

29

amounts of compensation according to need. The General 1122

30

Assembly shall be authorized to appropriate funds to carry 1123

31

o \.It the provisi ODS of any law adopted pursuant to the 112"

32

a uthority of this para',jraph. The General Assembly shall be

33

further author izeu to provide for the assessment of 1125

3"

additional penalties in any case in which any court in this 1126

35

State shall imp ose a fine or order the forteiture of any 11 :n

- 29 -

bond in the nature of the penalty for certain or all 1127

2 offenses against the criminal or traffic la~s of this State 112(,

3 a Dd the political. subdivisions thereof. The General 112<

4

Assembly may provide that the proceeds der~ved froa such 1130

5 additional penalty assessments may be allocated for the

6 specific purfose of compensating innocent victims of crime. 113 'j

7

9. Hot~ithstanding any other provisions of this 113:

8

Constitution, the General Assembly is hereby authorized to " 3'

9

provide by law tor a health insurance plan for retired "3~

'0

p uhlic school teachers. The General Asst!lIIo1y shall be

11 authorized to appropriate funds to finance the 1136

12 administration of the plan and the employer contributions of 113-;

13 s ucb retired pe rsons.

113~

14

SECTION IX.

1140

15

~HSUBAHCB REGULATION

1141

16

paragraph I. 2~! AsseablY to ~nact Laws for 11 4~',

17

l~~!~frotection. Etc. The General Assembly shall, from

18 time to time enact laws to compel all fire insurance 1147

19 c OlIpanies, doi og business in this State, ~hether chartered

20

by this State, or other~ise, to deposit reasonable 1148

21 securities vith the Director, Fiscal Division, Department of 1150

22 Administrative Services, of this State or such other officer 1151

23 as may be designated by law, to secure the people against 1152

24 loss by the operations of said coapanies.

115L:

25

Paragraph ~I. Reports By Insurance Companies. The 1156

26 .General Assembly shall compel all insua:ance companies in 11 5C

27 this Stdte, or doing business therein, under proper 1159

28 pendlties, to mke annual reports to tat! COJiptroller

29 General, and print the same at the1.r own expense, tor the 1.161

30 i nforma tion and frotect1.on of the people.

1162

31

Para 9r a ph .II.I

.!1!N~o:.!oQurL!e:.;s~ilo.ld!:l:e!:.n!L!:.t_ _~rc!lnl:is~Yut"da!.lnlt.:c~e::-~c~o~.=lIup~a!..;n~1.e~~ s.

1165

32 All life insurance companies nov doing business in this 1166

- 30

State, or IoIJlich may desire to establish a"ellcies and do 1161

2

business in the State of Georgia, charterea by other States

3

of the Onion, or foreign States, sha~l sholol that tney have 1168

II

deposited loIith the Comptroller Genera]lof the State in which 1169

S t hey are chdrtered, or of this state, the Insurance 1171

6

Commissioner, or such other officer as may b~ authorized to

1

receive it, not less than one hundred thousand dollars, in 1112

8

such securities as may be de~med by such officer e~uivalent llH.

9

to cash, subject to his order, as a guarantee fund (or the 1174

10

security of ~olicy-holders.

1116

11

Paragraph IV. License by COmPt~2~_~~~!. 1179

12

When such shololing is made to the comptJ;Ol~er General of the

13

State of Georgia by a proper certificate Lro. tile State 1181

14

officials Jlaving chal:ge of the funds so deposited, the .1182

1S

CCDptrol~er Genel:at ot the State ot Georgia LS authol:ized to

16

issue to the com~ny making such shoving, a license to do 1184

11

business in the State, upon paying the fees I:e~uired by lava

18

I'al:agl:aph v.

Besident Insurance Companies; 1181

19

i~~te~rund. All life insurance companies chartered by 1188

20

t Ie State ot Georgia, 01: which may hereafter be cbartered by 1189

21

the State, shall, before doing business, deposit with the 1191

22

C omptro~ler G~era,1. of the state of Georgia, 01: with sOlie 1192

23

strong COI:~oration, which lIay be a~~roved by said

24

Comptroller Gene~~, one hundred thousand dollars, in such 1193

2S

securities as may be deemed by him equival~nt to cash, to be 11911

26

subject to his order, as a guarantee fund Lor the security 1195

21

of the pOlicy-nolders of the company making such deposit, 1191

28

all intel:est and dividenas fl:om such secul:ities to be paid,

29

when due, to the company so depositing. Any such securities 1198

30

as may be needed or desired by the company may be taken from 1199

31

said depal:tment at any time by replacing them with other 1201

32

securities equally acceptable to the Comptrollel: Genera~~ . 1202

33

iI hose certifica te for the same shall be furnished to the

311

company.

1203

- 31-

Paragraph

VI.

1205

2

Any other provision of this 1206

3 Constitution to the contrary notvithstand4ng. tae General 1207

4

1 ssellbly lIay llrovide Lor tb.e crea tion of a SUDsequent Injury

5

Workmen's ComlJensation Trust Fund. to be used for the 1208

6

payment of a portion of the eIpenses of disauili ty reSUlting 1209

7

to an employee froll a combination oL previous disability 1210

8

Ii ith sUDseguent injur}' incuJ:red in employment. The General 1211

9

Assembly may fr ovide that funding for such trust fund lIiay be

10

derived from assessments to be levied upon all insurance 1212

11

c OIIpanies writing orkmen's compensation insurance in this 1213

12 State and all selt-insurers. appropriations. gifts and 1214

13 donations. and other sources. The General Assembly may also

14

designate tne Trustees of tbe fund and may provide for the 1215

15

administratioD ot tb.e fund. The General Assembly ma}' 1216

16 authorize collection. deposit. and management of funds. and 1217

17 may prOVide for the disfosition of the funds for purposes

18

stated b.ereinabove without being plaC~d in the State 1218

19

Treasury.

1219

20

SECTION I.

1221

21

Al'{)BOPBIATIONS

1222

22

Pu:agraph 1.

1226

23

shall be drawn froll the Treasury e~cept 0i appropriation 1227

24

made by law.

1228

25

Paragraph II. ~!lls Appropriating Money. No bill 1230

26

or resolution appropriating money shall become a law unless. 1231

27

upon its passage. the yeas and nays in each house. are 1232

28

recorded.

1233

29

Paragraph Ill.

Prepa.ration S ubmiss1.21l and 1235

30

Enactments_-2t-_~~ APP&opriatills BiU

(a)

The 1236

31

Governor shall sub.it to the General Assembly within five 1237

32

days after its con vening in regUlar session each year. a 1239

- 32 -

budget messa~l:! and a bUdget report. accompanied by a draft 1240

2

of a Genera~ AppropriatJ.ons BJ.ll. in such fOt:1I and manner as 1241

3

may be prescribed by statute. which shall pt:ovide for the 1242

4

appropriation ot the funds necessary to operate all the 1243

5 various departments and agencies. and to meet the curt:ent 1244

6

expenses of the State for the next fiscal yeat:.

1245

7

(b) The

General

Assembly

~hall annually 1246

8

appropriate the funds necessary to operate all the various 1247

9

departments and agencies. and lIeet the current e~penses of 1248

10

the State for the next fiscal year. The fiscal year of the 1249

11

State shal~ cOlllDlence on the first day of July of each year 1250

12 and terminate on the thirtiet;h of June following.

1252

13

~) The General Assembly shall by genera~ ~av 1254

14

provide for the regulation and management of the finance and

15

fiscal administration of the State.

1256

16

Paragraph IV. Ge~~Al--!ropriatiopsBill. The 1259

17

General Appropriations Bil~ shall embrace nothing .except 1260

18

appropriations tixed bj previous laws. the ordinary e~penses

19

of the Executive. l.egislative and Judicial. Departments of 1262

20

t be Government. payment of the public debt and interest 1263

21

thereon. and tor support of the public J.nstitutions and 1264

22 educational interests of the State.

All other

23

appropr~tions shall be made by separate bills. each 1265

2/4

embracing but one SUbject.

1266

25

ParagraphV. Genera~EropriatioQsAct. (a) Each 1269

26 General Appropriations Act. now of force or het:eafter 1270

27

a dopted with such amendments as are adopted from time to 1271

28

tille. sha~l continue in torce and effect for the next fiscal

29

year after adoption and it shal~ then expire except for the 1272

30

mandatory appropriations re~uired by this ~onstitution and 1273

31

those re~uired to lIeet contractual obligations authorized by 1274

32 this Constitution and the continued appropriation of Federal 1275

33

grants.

1276

34

(b) The Genera~ Assembly sha~l not appropriate 1278

- 33 -

f W1ds fOl: aU1 given fiscal 1ear which, in a~~reyate, exceed 1278

2

a sum e~ual to the amount of unappropriated surplus expected 1279

3

to have accrued in the state Treasury at the beginning of 1281

4

t he fiscal year, together with an amount [lot greater than 1282

5

th3 total Treasury receipts from existing revenue sources 1283

6

anticipated to be collected in the fiscal year, less

7

refunds, as estimated in the budget Report and amendments 1284

8

thereto. Supp~ementary appropriations, it any, shall be 1285

9

made in the ma[lner provided in Paragraph VI of this Section 1286

10

of the Constitution, Dut in no event shall a supplementary 12d7

11

appropriations Act continue in force and effect beyond the 1288

12

expiration of the General Appropriations Act in effect when 1289

13

s u:::h supplementary appropriations Act was adopted and 1290

14 approved.

1291

15

(C) All appropriated funds, except for the 1293

16

mandatory ap~ropriations re~uired by th~s Constitution,

1294

17

remaining unexpended and not contractually ooligated at the

18 e xpiratioll of such General Appropriations Act, shall. lapse. 1295

19

(dJ All federal funds received by the State of 1298

20

Georgia are hereby continually appropriated in the exact 1299

21

amounts and for the purposes authorized and directed by the

22

Federal Government in making the grant.

1301

23

(eJ The State, State institutions, departments and 1302

24

! gencies of the State are hereby .prohibited froll entering 1304

25 into any contract with any public agency, public corporation

26

or authority pursuant to the provisions of Article IX, 1305

27

Section VI, Paragraph I(aJ, which such contract constitutes 1306

28

security for bonds or other obligations issued by any such 1307

29

public agency, public corporation or authority and the 1309

30 a ppropu.ation or expenditure of aay funds for the paylllent of

31

obligations under aay such contract, is likewise prohibited 1310

32

a t any time when the aggregate annual payments under all 1312

33

such contracts, including the contract or contracts proposed

34

to be entered into, exceed 151 of the total revenue .1314

35

receipts, ~ess refunds, of the state Treasury in the fiscal

- 34 -

year immediately preceding the making aud entering into of 1315

2

any such contract; provided, however, this ~rovision shall 1316

3 not affect contracts validly entered into 1'rior to the 1318

II effective date of the amendment to Article VII, Section IX,

5

Paragraph II of the constitution of 19115 ado~ted November 6, 1319

6

1962. The execution of any such contract is further 1321

1

p rohibi ted ULttil the General Assembly has specifically 1322

8

provided funds in an Appropriations Act for the payment of 1323

9 at least one }ear"s rental under such contract.

1324

10

paragraph

VI.

Othe,t or Supplementa,ty 1326

11

!~p.tiatiQli. In addition to the appropriations made by 1327

12 the GeLteral Appropriations Act and amendmants thereto, the 1328

13

General Assembly may make additional appropr~ations by Acts, 1329

14

which sball be known as supplementary ap1'ropriation Acts, 1330

l'

provided no such supplementary appropriation shall be 1331

16

availaL~e unless there is an unappropriated surplus in the 1332

11

State Treasury or the revenue necessari to pay such 1333

18 appropriation soall have been provided by a tax laid for 1334'

19

s uch ~ur pose and collected into the Genel:al fund of the 1335

20 State ireasurj. Neither House shal.l pass a Supplementary 1336

21

Appropriation Bill until the General Appropriations Act 1337

22 shall have been finally adopted by both Houses and approved 1338

23 by the Governor.

1339

211

paragraph VII. ~~~Lations to be for Specific 1311 ,

25

2um~.

(a)

Except as hereinafter prOVided,

the 1.)Il2

26

appropriation for each department, officer, bureau, board, 13113

21 commission, agency or institution for which appropriation is 13411

28

made shall. be for a specific sum of woney, and no 13115

29 appropriation saal.l allocate to any object, the proceeds of 13116

30 any particular tax or fund or a part or percentage thereof. 13117

31

(b) An amount equal to all. money derived from 13119

32 motor fuel taxes received by the State in each of the 1351

33 immediately preceding fiscal. years, less the amount of 1352

311 refunds, rebates and collection costs authorized by law, is

- 35 -

hereby appropriated for the fiscal year beginning July 1, of 1353

2 each year followiJ1g, for all activities incident to 1355

3

providing and maintaining an adequate syste~ of pUblic roads

4

and bridges in this state, as authorized by laws enacted by 1356

5 t he General Assembly of Georgia; and for grdnts to counties 1357

6

by la w authorizing road construction and maintenance, as 1359

7

pInvidea by law authorizing such grants. Sa~d sum is hereby

8

appropriated for, and shall be available for, the aforesaid 1360

9

purposes regardless of whether the General Assembly enacts a 1301

10

General Appropriations Act and said sum need not be 1303

11

specifically stated in any General Appropriations Act passed

12 bi the General Assembly in order to be available for such 1365

13

purpose s. Ho lila Vel:, this sha 11 not precluue the General 1366

14

Assembly from appropriating for such purposes an amount 1367

15 greater than the sum specified above for such purposes. The

16 expanditu.ce of such funds shall be subject to all the rules, 1308

17

regUlations and restrictions imposed on the expenditure of 1369

18 a ppropLJ.a tions by provisions of the Constitut.Lon and lavs of 1370

19

this State, unless such provisions are in conflict with the 1371

20

pInvisions of this paragraph. And prOVided, however, that 1372

21

t he proceeds of the tax hereby appropriated shall not be 1374

22 subject to bUdgetary reduction. In the event of invasion of

23

this state by land, sea or air, or in case of a major 1376

24 catastrophe so proclaimed by the Governor, said funds may be

25

utilized for defense or relief purposes on the Execut1ve 1378

26

Order of the GOvernor.

1379

27

Paragraph VIII. !E2E~iations VO.Ld. When. Any 1382

28 appropriation made.Ln conflict with either of the foregoing

29

provisions shall be void.

1384

30

SECTION II.

31

1I1.LITIA

1386 1387

32

Paragraph I. Qggnization of _lIilitia. A well 1391

33

regulated .ilitia being essential to the peace and security

- 36 -

1

of the state, the Genera~ Assemb~y sha~ have authority to 1392

2

provide by law how the .i~itia of this State sha~l be 13916

3

o~anized, officered, trained, armed and e~uipped; and of 1395

16

whom i t sha~~ consist.

1396

S

~aragraph II.

Vol~nte~. The ~enera~ Assembly

1399

6 shall have power to authorize the formation of volunteer 11600

7

companies, and to prov~de for their or~anization into 1401

8

battalions, regiments, brigades, divisions, and corps, with

9

such restrictions as lIay be prescribed by law, and shall 11603

10

have autnor itl to arlll and equip the same.

1404

11

~aragraph III. lax of Militia and Volunteers. The 11606

12

officers and lIIen of the lIi~itia and volunteer forces sha~l 11107

13

not be entitled to receive any pay, rations, or ellloluments, 11608

116

when not in active service by authority of the state.

116 10

lS

Paragraph .IV. Discipline of the Militia. When not 116 12

16

in Federal service the discipline of members of the Militia til 13

17 shall be in accordance with the applicable provisions of the 11114

18 Constitution and laws of the United States, Acts of the H16

19

General Assemoly, and directives of the Governor in his 11117

2()

capacity

as

Comlllander-in-Chief. of

the Ili~itia. 1418

21

Notwithstanding any other provisions of this Constitution,

22

the Gentlral Assembly shall ha ve the authority to pl:ovide for 1419

23

t rial by COUl: ts-martial a nd non-judicial punisllment of 1421

216

membel:s of the MLlitia, for the initiation of charges and 1422

2S

subsequent frocedures thereon, rules of eVidence, venue, and

26

all other matte.rs necessary and proper for the maintenance 1423

27 of a well regulated and disGiplined Militia.

1425

28

SECTION XII.

1427

29

EMERGENCY POWERS

11128

30

Paragraph I. Emergency Powers of the General 1432

31

~~mbl~.

The General Assembly, in order to insure 1433

32 continuity of State and local governmental ol'erations in 1434

- 37 -

periods of ~mery~ncy ~esulting from disasters caused by 1435

2

e remy attack, shall have the power and the ~mlll~diate duty:

3

(1) XO ~rovide for prompt and temporary succession 1437

4

to the powers and duties of persons holdiuy office in the 1439

5 Executive, Judicial and Legislative branches of State and 1440

6

local governlllellt whether filled. by el~ction or appointment,

7

the incumbents of which may become unavailable for carrying 1441

8

on the powers and duties of such offices during such 1443

9 emergency; and

1444

10

(2) To adopt SUCJl other measures as aay be l445

11

necessary and proper tor insuring the continuity of 1446

12 governmental operations during such emergency, including but 1447

13 not limited to the suspension of any or all constitutional 1448

14

legisla ti ve rules.

1450

15

Any legislation heretofore adoptea by the General 1451

"6

Assembly which would have been invalid except for the 1453

17

pIDvisions of this Parayraph is hereby rat~fied as part of

18 the statute laws of the State of Georgia.

1455

- 38 -

'
CROSS-REFERENCE TABLE ARTICLE III LEGISLATIVE BRANCH

PRESENT PROVISION
Article III, Section I Paragraph I
Article III, Section II, Paragraph I

PROPOSED PROVISION
Article III, Section I, Paragraph I
Article III, Section II Paragraph I(a) and Paragraph II

Article III, Section II. Paragraph II


Article III, Section II, Paragraph III (a)

Article III, Section III, Paragraph I

Article III, Section II. Paragraph I(b) Paragraph II

Article III, Section III, Paragraph II

Article III, Section II, Paragraph III (b)

CHANGES
None
1. The phrase "not less than 54 nor more than 56 members" was changed to read "not less than 56 members".
2. Combine provisions on apportionment to encompass both the Senate and House of Representatives and state "The General Assembly .. ".
3. Delete the phrase "The General Assembly may create, rearrange, and change Senatorial districts as it deems proper", and substitute "The General Assembly may provide for apportionment of the Senate and House", thus leaving it open to the General Assembly to assign this arduous task to a third party if they-deem that proper.
4. Addition of the phrase "Such districts shall be composed of contiguous territory"
None
1. The phrase "shall consist of not less than 180 representatives" was added so as to set a bottom limit on the number of representatives where none now exists.
2. Combine provisions on apportionment to encompass both the Senate and House of Representatives and state "The General Assembly . "
3. Delete the phrase "The General Assembly may create, rearrange, and change Representative districts as it deems proper", and substitute "The General Assembly may provide for apportionment of the Senate and House". thus leaving it open to the General Assembly to assign this arduous task to a third party if they deem-that proper.
None

()
<fJ;:'

CROSS-REFERENCE TABLE ARTICLE III LEGISLATIVE BRANCH Page 2

PRESENT PROVISION Article III, Section IV, Paragraph I
Article III, Section IV, Paragraph II
Article III, Section IV, Paragraph III
Article III, Section V, Paragraph I
Article III, Section V, Paragraph II

PROPOSED PROVISION Article III, Section III, Paragraph I(a) and (b)
Article III, Section III, Paragraph II(a) and (b)
Article III, Section III, Paragraph III
Article III, Section II, Paragraph V
Article III, Section II Paragraph V

CHANGES
1. Delete the phrase which provides that in the event the President Pro Tempore becomes President, either in session or not in session, the "Senate shall elect a President Pro Tempore viva voce" as being an inherent power.
2. Delete the "viva voce" requirement in the vote for the President Pro Tempore.
1. Delete the "viva voce" requirement in the vote for the Speaker and Speaker Pro Tempore.
2. Delete the provision providing that the Speaker Pro Tempore shall act as the Speaker in "the case of death, resignation or disability of the Speaker" and provide that he shall become the Speaker in those cases.
3. Delete the provision that the Speaker Pro tempore shall act as Speaker in the case of the Speaker's succession to the executive power with the intention that such would take place automatically until the Speaker resumed his position after 90 days.
1. Deletion of reference to President of the Senate, Speaker of the House, President Pro Tempore and Speaker Pro Tempore as being redundant and unnecessary.
2. Deletion of the phrase "and such assistants as each House may provide for", as being unnecessary and inherent
1. Addition of the phrase "shall be elected by the qualified electors of their respective districts".
2. Deletion of the phrase "the General Assembly in the year following the second year of such member's term of office" and substitute in lieu thereof, "the next General Assembly".
1. Change the date from November, 1978 to November, 1982 in order to up date this amendment to the Constitution.

CROSS-REFERENCE TABLE ARTICLE III LEGISLATIVE BRANCH '
Page 3

PRESENT PROVISION Article III, Section V, Paragraph III
Article III, Section V, Paragraph IV Article III, Section V, Paragraph V Article III, Section V, Paragraph VI

PROPOSED PROVISION Article III, Section IV, Paragraph I(a) and (b)
Article III, Section IV, Paragraph II Article III, Section IV, Paragraph III Article III, Section IV, Paragraph I(b)

CHANGES
1. Addition of the phrase "The General Assembly shall be a continuous body during the term for which the members thereof are elected", in lieu of the phrase "The Senate and the House of Representatives shall organize each odd numbered years and shall be a different General Assembly for each 2 year. period" , and "All business pending in the Senate or the House at the time of adjournment of any regular session may be considered at any regular session of the same General Assembly, as if there had been no adjournment".
2. Addition of the phrase "or otherwise as provided by law" to the provision providing for the meeting date of the General Assembly.
3. Deletion of the requirement that the concurrent resolution to adjourn be adopted by a majority of the members elected and the provision for separate periods of adjournment by concurrent resolutions and substitute in lieu thereof, "By concurrent resolution, the General Assembly may adjourn any regular session to such date as it may fix for reconvening." It was felt that the deleted phrases were inherent in the phrase adopted.
4. Special Sessions of the General Assembly is now provided for at Article V, Section II, Paragraph VII of the proposed draft.
Delete the prescribed oath and have it provided for by law.
1. Add "to which each house is entitled" to clarify.
2. Delete the phrase "as each house may provide".
Add the provision which prOVides that the Governor can adjourn both houses only after the 13th day of any session "if the resolution to adjourn is not adopted by both houses at the end of the legislative day on which adjournment was called for by the resolution", in order to specify this procedure.

CROSS-REFERENCE TABLE ARTICLE III LEGISLATIVE BRANCH Page 4

PRESENT PROVISION Article III. Section V, Paragraph VII
Article III, Section V, Paragraph VIII Article III, Section V, Paragraph IX Article III, Section V, Paragraph X Article III, Section V, Paragraph XI Article III, Section V, Paragraph XII
Article III, Section V, Paragraph XIII
Article III, Section VI, Paragraph I Article III, Section VI Paragraph II

PROPOSED PROVISION Article III, Section II, Paragraph IV(a), (b), and
(c)
Article III, Section IV, Paragraph VI
Article III, Section IV, Paragraph VII Article III, Section IV, Paragraph VIII Article III, Section IV, Paragraph IX Article III, Section IV, Paragraph X
Article III, Section IV, Paragraph XI
Article III, Section VII Paragraph I
Article III, Section VII Paragraph II

CHANGES
1. Change to make a broad prohibition against members of the armed forces of the United States from serving in the General Assembly. 2. Changing the exceptions to the broad prohibition from "except Justices of the Peace and officers of the militia" to "persons on temporary activo duty" therein or "persons serving in the National Guard or Reserves". 3. Deletion of the prohibition against a "defaulter for public money or for any legal taxes required of him" from serving in the General Assembly.
Clarify the term "removal from the district" to state "removal of such members' legal residence."
None.
None
None
1. Extend. the priviledge of the members of the-General Assembly to committee meetings as well as sessions. 2. Delete from the exceptions to this priviledge the crime of larceny as being encompassed within the term felony.
1. Change "and the vote shall appear on the Journal of the House of Representatives" to "on the respective journal of each house". 2. Delete the provision providing for the joint meetings in the Representative Hall and the role of the President of the Senate at that meeting.
Change "all persons who shall have beer or may be in office" to "any executive or judicial officer of this state".
None

CROSS-REFERENCE TABLE ARTICLE III LEGISLATIVE BRANCH Page 5

PRESENT PROVISION
Article III, Section VI, Paragraph III

PROPOSED PROVISION
Article III, Section VII, Paragraph III

Article III, Section VII, Paragraph I

Article III, Section V, Paragraph I

Article III, Section VII Paragraph II

Article III, Section V, Paragraph I

Article III, Section VII, Paragraph III

Article III, Section V, Paragraph VII

Article III, Section VII, Paragraph IV

Article III, Section V, Paragraph III

Article III, Section VII, Paragraph V

Article III, Section V, Paragraph VI

CHANGES
1. Extend the consequences of a judgement of impeachment to proh!bit the receipt of a state pension thereafter.
2. Change "the party convicted shall nevertheless, be liable, and subject to indictment, trial, judgement and punishment according to law", to "no such judgement shall relieve any party from any criminal or civil liability". This extends liability to include a civil suit against the impeached official where formerly only criminal proceedings could be brought.
Addition of a phrase that the original journals shall be the "sole official records" of the proceedings.
None
1. This provision distinguishes between general and local bills relative to the reading thereof before passage.
2. Requires that only the title to every general bill be read on the third reading, unless the entire bill is ordered to be read by the presiding officer or by a majority of the members voting thereon, -thus deleting the phrase "unless in cases of actual invasion or insurrection". .
3. Delete the provision relating to the reading of local bills and provide in Section V, Paragraph VII that the "General Assembly may provide by law for the procedure for considering local legislation", but that the title to each local bill "shall be read at least once before such bill shall be voted upon; and no such bill shall be voted upon until the third day following its introduction".
The word "law" was changed to "bill".
The requirement that 1/5 of the memberE present order a roll call vote and the yeas and nays be entered on the Journal has been changed to allow the presidin~ officer to order such done or to allow either house by rule to reduce the number of votes required to order such done.

CROSS-REFERENCE TABLE
ARTICLE III LEGISLATIVE BRANCH Page 6

PRESENT PROVISION
Article III, Section VII, Paragraph VI

PROPOSED PROVISION
Article III, Section V, Paragraph VI

Article III, Section VII, Paragraph VII

Article III, Section V, Paragraph V

Article III, Section VII, Paragraph VIII

Article III, Section V, Paragraph II

Article III, Section VII, Paragraph IX

Article III, Section V, Paragraph IX

Article III, Section VII, Paragraph X

Article III, Section V, Paragraph X and Paragraph XII

Article III, Section VII, Paragraph XI

Article III, Section V, Para"graph XI

Article III, Section VII, Paragraph XII

Article III, Section V, Paragraph IV

Article III, Section VIII, Article III, Section VI,

Paragraph I

Paragraph I

Article III, Section VIII, Article III, Section VI,

Paragraph II

Paragraph III

Article III, Section VIII, Article III, Section VI,

Paragraph III

Paragraph III

CHANGES
None
Change "of all the members elected to each house" to "all the members to which each house is entitled".
Deletion of the phrase "but the Senate may propose or concur in amendments, as in other bills" as being unnecessary and inherent in the legislative process
Deletion of the entire provision with the understanding that this provision is provided for by statute and substitution of a provision mandating that the General Assembly provide by law for the "advertisement of notice of intention to introduce local bills".
Expands the prohibition against introducing once rejected bills to those in the '!same or similar form" and not just "the same or similar title". Prohibition against the subsequent proposal of such bill at the same regular session is expanded to include "or special session".
Deletion of the phrase "and in case of prolongation of a session of the General Assembly".
None
Restatement of the General Powers provision to further emphasize by use of the double negative "not inconsistent", that the Constitution is a power limiting document rather than a power granting document and that the General Assembly has all thos. powers not specifically limited by the Constitution.
Deletion of the specific reference to the exercise of the right of eminent domain, that power being inherent unless limited.
Deletion of the 'specific re~erence to the exercise of the police power, that power being inherent unless- lmited.

CROSS-REFERENCE TABLE ARTICLE III LEGISLATIVE BRANCH Page 7

PRESENT PROVISION

PROPOSED PROVISION

Article III, Section VIII, Article III, Section VI,

Paragraph IlIA

Paragraph II(a)(l)

Article III, Section VIII, None Paragraph IV

Article III,. Section VIII, Article III, Section VI,

Paragraph V

Paragraph V(a)

Article III, Section VIII, Article III, Section VI,

Paragraph VI

Paragraph V(b)

CHANGES
No change
Deleted with the intention that such a provision be made by statute.
1. Delete "The General Assembly shall have no power to make or change election precincts, nor to establish bridges or ferries, nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the courts", and "All corporate powers and privi1edges to banking, trust, insurance, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and if in any event the Secretary of State should be disqualified to act in any case, then in that event the legislature shall provide by general law by what person such charter shall be granted", as being antiquated and intended, when written, to remedy specific abuses which have since been remedied and provided for by law.
2. Limiting the power of the General Assembly to grant "incorporation" rather than "corporate powers and priviledges"; to "private persons" rather than "private companies".
3. Deletion of the reference to the exercise of the power by "the Secretary of State" as being antiquated and intended, when written, to remedy specific abuses which have since been remedied and provided for by law.
1. Change the word "remit" to "forgive" to clarify.
2. Substitute the effective date of the 1945 Constitution rather than the specific reference thereto.
3. Delete "nor alter or amend the same nor pass any other general or specific law, for the benefit of said corporation" and substitute "nor shall it grant any benefit to or permit any amendment to the charter of any corporation."

CROSS-REFERENCE TABLE ARTICLE III LEGISLATIVE BRANCH Page 8

PRESENT PROVISION

PROPOSED PROVISION

Article III, Section VIII, Article III, Section VI,

Paragraph VII

Paragraph VI(a)

Article III, Section VIII, Article III, Section VI,

Paragraph VIII

Paragraph V(c)

Article III, Section VIII, Article III, Section VI,

Paragraph IX

Paragraph V(d)

CHANGES
4. Combine the provisions: (a) "except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this Constitution", and
(b) "every amendment of any charter of any corporation in this state or any special law for its benefit, accepted thereby, shall operate as a novation of said charter and shall bring the same under the provisions of this Constitution".
into "except upon the condition that the acceptance thereof shall operate as a novat~on of the charter and that sqch corporation shall thereafter hold its charter subject to the provisions of this Constitution"
This entire paragraph has been deleted with the understanding that it is a limitation on the powers of the General Assembly to grant a gratuity to "principals or securities" by relieving them of their obligations under recognizances which have been forfeited. It was felt that any obligation which was due the state and not required to be paid by some action of the General Assembly would be a gratuity and therefor specifically prohibited unless granted pursuant to the provisions in Paragraph VJ;(a).
1. Restatement of this prohibition.
2. Delection of the provision authorizing the General Assembly to enact appropriate legislation since this power is inherent.
Deletion of the provision "the power and authority of regulating railroad freight and passenger tarrifs and of charges of public utilities for their services, of preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tarrifs and of charges of public utilities, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws from time to time to regulate such tarrifs and charges, to prohibit unjust discriminations by the various railroad and public utilities of this State, and to prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the same by adequate penalties" as being an inherent power unless otherwise limited.

CROSS-REFERENCE TABLE ARTICLE III LEGISLATIVE BRANCH' Page 9

PRESENT PROVISION

PROPOSED PROVISION

CHANGES

Article III, Section VIII, None Paragraph X

Deleted with the intention that such a provision be made by statute.

Article III, Section VIII, None Paragraph XI

Deleted with the intention that such a provision be made by statute.

Article III, Section VIII, Article III, Section VI,

Paragraph XII

Paragraph VI

No change.

Article III, Section IX, Paragraph I through Paragraph V

Article III, Section VIII, Paragraph I

Deletion of the present Section IX, Paragraphs I through V and' restatement of those in the provision which states that "Provision shall be made by law for the regulation of insurance", with the intention that the substance of the deleted provisions could be properly provided by statute.

Article III, Section IX, Paragraph VI, Sentence 1

Article III, Section IX, Paragraph VII(c), Sentences 1 and 2

Present provision utilizes an introductory phrase to except the trust fund from the limitations of other provisions in the Constitution. Proposed provision specifically excepts the trust fund from the limitations of Article III, Section X, Paragraph VII (a) and Article VII, Section II, Paragraph III.

.Article III, Section IX, Paragraph VI, Sentence 2

None

Georgia Code 114-910 provides for payments to the trust fund by each insurer and self-insurer under Title 114.

Article III, Section IX, Paragraph VI, Sentence 3,

None

Georgia Code ~ 114-901 through 114-908 provide for a Board of Trustees and for the administration of the trust fund.

Article III, Section IX, Paragraph VI, Sentence 4
Article III, Section X Paragraph I through Paragraph VIII

Article III, Section IX, Paragraph VII(c), Sentence
2
Article III, Section IX, Paragraph I through Paragraph VIII

The present sentence 4 is incorporated into the proposed sentence 2.
No changes have been made, the present provision was accepted verbatim with the addition of the transfer previously mentioned.

CROSS-REFERENCE TABLE ARTICLE III LEGISLATIVE BRANCH Page 10

PRESENT PROVISION
Article III, Section XI, Paragraph I

PROPOSED PROVISION
Article III, Section VI, Paragraph II(a)(2)

Article III, Section XI, Paragraph II

None

Article III, Section XI, Paragraph III

None

Article III, Section XI, Paragraph IV

Article III, Section VI, Paragraph II(a)(2)

Article III, Section XII, Paragraph I

Article III, Section VI, Paragraph II(a)(4)

CHANGES
1. Deletion of the language "A well regulated militia being essential to the peace and security of the State", as unnecessary.
2. Deletion of the language "how the militia of this State shall be organized, officered, trained, armed and equipped; and of whom it shall consist" as being inherent in the power of the General Assembly to create a militia.
Deleted as being inherent in the power of the General Assembly to create a militia.
Deleted as being inherent in the power of the General Assembly to create a militia.
1. Deltion of phrase "applicable provisions of the Constitution and laws of the United States, Acts of the General Assembly", with the intention that such is covered by the phrase "law".
2. Deletion of the phrase "for the initiation of charges and subsequent procedures thereon, rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well regulated and disciplined Militia" as being encompassed within the term "courts martial and nonjudicial punishment".
1. Deletion of phrase "shall have the power and the illllllediate duty" as being inapplicable at the present time, given the present status of legislation in this area.
2. Deletion of subparagraph (1) with intention that it was encompassed withi the phrase "provide by law for the continuity of state and local governments" in the proposed Section VI, Paragraph II(a)(4).
3. Deletion of the phrase "to adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations during such emergency" from subparagraph (2) while retaining the power to suspend any or all constitutional legislative rules.
4. Deletion of the phrase ratifying previous legislative enactments as being antiquated.

-' .

NOTES AND COMMENTS
Article III. Legislative Branch
The Committee to Revise Article III consolidated the twelve sections of this Article of the present Constitution into the nine sections listed below. The changes from the present provisions that were approved by the full Committee at its last meeting are indicated for each section.
Section 1. Legislative Power.
Except for minor editorial revision, this section is the same as Section I of the present Constitution.
Section II. Composition of General Assembly.
Section II of the proposed draft is a reorganization and restatement of Sections II and III of the present Constitution, and follows the basic organizational format utilized in the 1970 proposed Constitution. This section contains the following substa~tive c~ges to present language.
1. Paragraph I sets an upper limit on the size of the Senate and House. The Committee rejected a motion to reduce the size of the two bodies, but approved this change from present language to give the General Assembly flexibility in determining its own size in the future, below the specified limit.
2. Paragraph II authorizes the General Assembly to "provide for" apportionment of Senate and House districts. This change was made to allow the General Assembly to delegate its apportionment responsibility to an independent outside agency, if it ever deems it advisable to do so. Language was also added to specifiy that Senate and House districts would be composed of "contiguous" territory.
3. Qualifications of Senators and Representatives were made uniform, i.e.,citizens of the U.S., at least 21 years of age, citizens of the State for at least two years, and legal residents of their district for at least one year.
4. Disqualifications for office were moved from Section V, Paragraph VII of the present Constitution and clarified. Deleted from the proposed draft is the following "disqualification" now contained in Section V, Paragraph VII:
"During the term for which he was elected no Senator or Representative shall be appointed to any civil office which has been created during such term."

NOTES AND COMMENTS ,- ARTICLE III December 3, 1979 Page 2
The Committee felt that the requirement that a Senator or Representative must resign the seat to which elected before being eligible to hold any other compensated office or appointment was a sufficient deterrent to any possible conflict-of-interest in this area.
5. Paragraph V is a revision of Paragraph I of Section V of the present Constitution, and gives the General Assembly some flexibility in fixing the time for the convening of the next General Assembly. See Notes and Comments to Section IV below.
Section III. Officers of the General Assembly.
Section III of the proposed dr~ft is a shortened and restated version of the present provisions on "Officers of the General Assembly", with the following noteable changes.
1. Paragraph I was revised to provide for the election by the Senate of its own presiding officer. This parallels the recommendation of the Committee to Revise Articles IV and V that the Lieutenant Governor become a purely executive officer and no longer serve as the presiding officer of the Senate. See Notes and Comments to Article V, section I.
Upon the strong recommendation of the current Lieutenant Governor, this Committee went on record, however, as supporting a clarification and specification of the exact executive duties that the new Lieutenant Governor will be expected to carry out under the new system.
2. Language indicating that the President Pro Tempore would act as President in the event of temporary disability of the President was dropped as being unnecessary, as were the provisions relating to the filling of a vacancy in the position of President Pro Tempore.
3. Provisions relating to the Speaker and Speaker Pro Tempore were changed to state that the Speaker Pro Tempore would become Speaker in case of the death, resignation or permanent disability of the Speaker.
4. The only "other officers of the two houses" recognized in the proposed draft of this section are the Secretary of the Senate and the Clerk of the House of Representatives.
Section IV. Organization and Procedures of the General Assembly.
Section IV of the proposed draft follows the same basic format as Section V of the present Constitution, with these significant changes:
1. The General Assembly is authorized to provide by law for a different date of convening than the second Monday in January of each year. It was felt that this provision could allow

... _

'"'.&.W .., .., ~ .tU.\,J..L,",~.c. J,.J,.J..

December 3, 1979

Page 3

the General Assembly to meet for organizational purposes in December of its second year if it deemed this desirable. The 4o-day limitation was retained, after considerable discussion.
2. Provisions relating to the Governor's power to adjourn the General Assembly were amended to specify the method by which disagreement between the two Houses on a question of adjournment will be determined.
3. The specific oath to be taken by the members of the General Assembly before taking their seat was deleted. In the proposed draft, the oath to be taken is to be "prescribed by law".
4. A new paragraph was added to specifically authorize each House to determine its rules of procedure.
5. An "open meetings" requirement for all sessions, committee meetings and hearings of the General Assembly was added, with certain limited exceptions authorized.
6. Language relative to vacancies in the General Assembly was clarified.
7. "Privilege of Members" was extended to Committee meetings of either House.
8. Provisions on the "viva voce vote" were updated and clarified.
Section V. Enactment of Laws.
Section V of the proposed draft is a major reorganization and restatement of Section VII of the present Constitution. Significant changes a~e as follows:
1. Paragraphs I and II of Section VII of the present Constitution are consolidated in Paragraph I of this section of the proposed draft.
2. Language in the "Bills for Revenue" paragraph stating that "the Senate may propose, or concur in amendments, as in other bills" was dropped as unnecessary.
3. Provision requiring "majority of members to pass bill" was' clarified.
4. All of the present provisions requiring the recording of "yeas and nays" were consolidated, and changed to allow the presiding officer to order a roll-call vote at any time and to allow each House by rule to require roll-call votes upon the request of less than one-fifth of its members.

~

NOTES AND COMMENTS - ARTICLE III

December 3, i979

Page 4

'

5. In the proposed draft, the titles of general bills and resolutions must be read three times and on three separate days, but such bills and resolutions need not be read in their entirety on third reading unless ordered by the presiding officer or by a majority of the members voting in either House. With respect to local legislation, a new provision is added to allow the General Assembly to provide by law for an expedited procedure for the consideration of local bills, with the stipulations that the title of such bills must be read at least once before passage and that they may not be voted upon until the third day following their introduction.
6. The notice requirement for local bills is retained, but the specifics of implementation are to be "provided by law" rather than by the Constitution.
7. Provisions relative to "Acts Signed" and "Rejected Bills" were put in separate paragraphs, as relating to two different subjects.
8. The veto provisions, which are presently in Article V, Section II, Paragraph VI and VII, were moved to this Article and Section because of their logical relationship to "Ensctment of Laws". The major substantive change that was made in these provisions was to provide a mechanism by which two-thirds of the membership of each House can send a bill to the Governor during the session for his approval or veto. Presently no bill is sent to the Governor during the session unless he asks for it.
The other changes in the veto provisions are of ari editorisl nsture only.
9. The most significant change being recommended in Section V of the proposed draft is in Paragraph XIV, which gives the Governor the power to veto local Constitutionsl amendments. The Committee felt that this addition was necessary in order to prevent potential serious disruption in state government which could result from the ratification of "local" amendments which in the fact had state-wide impact. The Committee voiced the cautious optimism that the Committees working on the revision of Articles VII, VIII and IX could find a way to eliminate the need for local amendments altogether and that they could be relegated to history.
Section VI. Exercise of Powers-.
This Section was subject to more extensive revision than any other section in Article III. The underlying premise that guided the work of the Committee on this section was that the State of Georgia possesses all powers of government not otherwise prohibited, and that the State Constitution is a power-limiting rather than a power-granting document as is its federal counterpart.

~UL~~ AND COMMENTS - ARTICLE III

December 3, 1919

Page 5

'

The necessary and proper clause contained in Paragraph I of this Section was felt to encompass the powers of eminent domain and the police power, powers which have historically been reserved to the state government. Because they were considered inherent powers, the specific enumeration of these powers now contained in Article III of the present Constitution was omitted from the revised draft.
Because of fear that the courts might not construe the necessary and proper clause broadly enough to encompass certain additional powers that the General Assembly now has and must retain, the Committee consolidated into one paragraph all ,of the following "specific powers":
;1.. The power to provide by law for "restrictions upon land use in order to protect and preserve the natural resources, environment and vital areas of this state."
This provision was taken without change from Section VIII, Paragraph IlIA of the present Article. It was felt that this specific power should remain in the Constitution in light of the Legislature's delegation of the zoning power to local governments and the court's construction of that delegation.
2. The power to provide for a "militia".
While it was felt that in the absence of a specific provision on this the General Assembly would still have the power to create a militia, specific reference to it was retained for historical reasons. Excess verbiage was dropped from the present provision, and the language dealing with non-judicial punishment was retained due to the difference between due process requirements under judicial and non-judicial proceedings. Reference to the Governor's power in this area was also retained.
3. The .power to provide for participation by the State in federal programs.
This provision was added to broaden the authority of the General Assembly to participate in federal programs and comply with federal law and thereby eliminate the need for a new constitutional amendment every time the State wishes to take advantage of a new federal program. In the present Constitution, for example, there are specific authorizations of this kind in Article I, Section III, Paragraph 1(2) relating to federal relocation assistance; in Article IV, Section VIII, Paragraphs II and III, relating to federal highway beautification funds and "Intermodal Transportation Funds"; and in Article X, Section II, Paragraph XII relating to federal vocational rehabilitation grants.
While the Committee believes that the new language in subsection (3) of Paragraph II of this Section is sufficiently broad to cover the specific authorizations mentioned above, as well as any new such authorizations in the future, it decided to include a specific reference back to the existing Constitutional provisions to assure that these authorizations would not be lost through some future court misconstruction of the Committee's intent in proposing this revision.

NOTES A.~ COMMENTS December 3. 1979 Page 6

ARTICLE III

4. The power to provide for the exercise of "emergency powers".
The Committee decided that the emergency power should be enumerated due to the fact that the powers granted herein. and in the legislation enacted pursuant to the present provision, cut across traditional constitutional restrictions on the exercise of powers by the General Assembly. This provision was taken from Article III. Section XII of the present Constitution and revised to state the mandate more clearly and concisely.
5. The power to provide for participation by the state, in conjunction with local governments and non-profit organizations. in operating tourist facilities.
This addition was necessitated by the deletion of this specific authorization in Article IV. Section VII. Paragraph II. and by the concern expressed that without such a specific grant of authority participation by the State in such programs could be held to be a violation of the gratuities prohibition.
Other significant changes made in Section VI are as follows:
1. The Committee decided that a specific statement should be included in the Constitution prohibiting the General Assembly from ever abridging its own inherent powers and prohibiting the courts from ever doing so through case law. Such a concept is presently embodied in Paragraphs II and III of Section VIII of the present Constitution relating to the exercise of the powers of eminent domain and the police power.
2. The "limitations on special legislation" was moved into Article III from Article I. Section II. Paragraph VII of the present Constitution. Unnecessary language was deleted from this revision and it was amended specifically to prohibit population bills applying to only one city or county. except in the case of bills classifying on the basis of municipal or county population above or below a specified population. The Committee felt thet this prohibition would address the major immediate "population bill" problem and thet further work on the subject could be deferred and taken up later by the Committee to Revise Article IX on Counties and Municipal Corporations.
As drafted. this paragraph takes care of a number of the specific limitations on the exercise of legislative powers contained in Paragraph V of Section VIII of the current Constitution.
3. The other "specific limitations" on the exercise of legislative powers heve been consolidated in Paragraph V of this section. These limitations are now set forth. respectively. in Paragraphs V. VI. VIII and IX of Section VIII of the present Article. In the revised draft. all of these provisions have undergone minor editorial revision.

..v.~u ~.... "v~"...".u~ ":' AK!'J.l.:LE III
December 3, 1979 Page 7
4. The prohibition on "gratuities" was subject to major substantive revision. The Committee recommends that the present constitutional prohibition on gratuities be amended to state that any exceptions to the gratuities prohibition may be made pursuant to a general law serving the public interest approved by two-thirds of the members of each house and by the Governor in two successive regular sessions. The Committee believes that the extraordinary majority requirement, the need for the approval of the Governor, the requirement of passage of such a law in two successive sessions and the scrutiny of these laws by the press between sessions would collectively provide an adequate degree of protection from legislative excesses in this area and obviate the need for a referendum each time a new exception to this prohibition is deemed appropriate.
It was pointed out in the Committee discussions on this matter that the gratuities prohibition has been responsible for more constitutional amendments than almost any other provision in the Constitution.
In order to preserve the lawa enacted by the General Assembly under the present constitutional language, a specific savings provision was added to Paragraph VI of the proposed draft of this section.
5. Finally, note that the following specific provisions, now in Section VIII of Article III, have been omitted from the proposed draft, as being inherent powers of the General Assembly, redundant, and/or obsolete.
a. Paragraph VII. Recognizances.
b. Paragraph IX. Public Utility Tariffs and Charges.
c. Paragraph X. Rebates.
d. Paragraph XI. Street Railways.
Section VII. Impeachments.
This section was subject to minor editorial revision and includes two significant changes.
1. The Committee decided to specify that the House could vote impeachment charges against any "executive or judicial officer" of the State. The Committee felt that the impeachment power should' not extend to members of the General Assembly, or to local government officials, or to persons who are no longer in office.

NOTES AND COMMENTS ~ ARTICLE III December 3, 1979 Page 8

2. The list of possible "judgments in impeachments" was extended to include loss of pension funds. This same change was contained in the 1970 proposed Constitution.

Section VIII. Insurance Regulation.

This section was subject to major overhaul by the Committee. Staff
r.esearch revealed that Paragraphs I through V of Article III, Section IX of the present Constitution now appear in identical form in titles 56
and 114 of the Georgia Code Annotated. Thus, the Committee decided that the entire section as presently written could be replaced by two short paragraphs requiring the General Assembly to provide by law for the regulation of insurance and requiring that the Comptroller General issue insurance licenses as required by law.

The Committee considered the possibility of incorporating this section into Section VI of the proposed draft, but rejected this option at the request of the Comptroller General.

At the suggestion of the Comp~roller General, the present language in

Paragraph VI of the insurance section relating to the "Subsequent Injury

Workmen's Compens/iltion Trust Fund" was mov,ed to Paragraph VII of the

~-

Appropriations section. since it is an exception to the earmarking

prohibition contained in that section.

Note that the Committee to Revise Articles IV and V recommended, over
the objection of the Comptroller General, that the name of the "Comptroller General" be changed to-that of "Commissioner of Insurance" to more accurately identify the office. The Committee to Revise Article III decided that this was a matter that should be left to the discretion of the Select Committee.

Section IX. Appropriations.
With the exception of the addition of the provision concerning the "Subsequent Injury Workmen's Compensation Trust Fund" in Paragraph VII, this section of the proposed draft is identical to the appropriations section in Article III of the present Constitution. The Committee decided, upon the recommendation of the Attorney General, that it would not propose any changes in this section whatsoever in order to avoid the possibility of inadvertently cutting off this "lifeblood" of state government.

'I

Page 10

SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE COMMITTEE RECOMMENDATIONS
PROPOSED BY THE SELECT COMMITTE~ BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

V
ARTICLE, SECTION, PARAGRAPH

CHANGES PROPOSED

Article III, Section I, Paragraph I

No change.

Article III, Section II, Paragraph I
v
~le III, Section II,
Paragraph II

COMMITTEE TO REVISE ARTICLE III
Paragraph I. Senate and House of Representatives. (a) The Senate shall consist of not more than 56 Senators, each of whom shall be elected from single-member districts.
(b) The House of Representatives shall consist of not more than 180 Representatives apportioned among representative districts of the state.
SELECT COMMITTEE
Paragraph I. Senate and House of Representatives. (a) The Senate shall consist of not less than 56 Senators, each of whom shall be elected from single-member districts.
(b) The. House of Representatives shall consist of not less than 180 Representatives apportioned among representative districts of the state.
\
HOUSE OF REPRESENTATIVES
Paragraph I. Senate and House of Representatives. (a) The Senate shall consist of not more than 56 Senators, each of whom shall be elected from single-member districts.
(b) The House of Representatives shall consist of not less than 180 Representatives apportioned among representative districts of the state.
SENATE JUDICIARY COMMITTEE
Same as~Committee to Revise Article III.
No change.

Article III, Section II, Paragraph III

COMMITTEE TO REVISE ARTICLE III
Paragraph III. Qualifications of members of General Assembly. At the time of their election, the members of the General Assembly shall be citizens of the United States, shall be at least 21 years of age, shall have been citizens of this state for at least two years, and shall have been legal residents of the territory embraced within the district from which elected for at least one year.

Page 11
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE COMMITTEE RECOMMENDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

ARTICLE, SECTION, PARAGRAPH
Article III, Section II, Paragraph III (continued)

CHANGES PROPOSED
SELECT COMMITTEE
Paragraph III. Qualifications of members of General Assembly. (a) At the time of their election, the members of the Senate shall be citizens of the United States, shall be at least 25 yesrs of age, shall have been citizens of this state for at least four years, and shall have been legal residents of the territory embraced within the district from which elected for at least one year.
(b) At the time of their election, the members of the House of Representatives shall be citizens of the.United States, shall be at least 21 years of age, shall have been citizens of this state for at least two years, and shall have been legal residents of the territory embraced within the district from which elected for at least one year.
HOUSE OF REPRESENTATIVES
Same as Committee to Revise Article III.
SENATE JUDICIARY COMMITTEE
Same as House of Representatives.

Article III, Section II, Paragraph IV

COMMITTEE TO REVISE ARTICLE III
Paragraph IV. Disqualifications. (a) No person on active duty with any branch of the armed forces of the United States shall have a seat in either house. This disqualification shall not apply to persons on temporary active duty with any branch of the armed forces of the United States or to persons serving in the National Guard or Reserve Armed Forces.
(b) No person holding SPy civil appointment or office having any emolument annexed thereto under the United States, this state. or any other state shall have a seat in either house.
(c) No Senator or Representative shall be elected by the General Assembly or appointed by the Governor to any office or appointment having any emolument annexed thereto, during the time for which such person shall have been elected. unless the Senator or Representative shall first resign the seat to which elected.
SELECT COMMITTEE
Subparagraphs (a) and (b) same as Committee to Revise Article III; Subparagraph (c) changed to read as follows:
(c) No Senator or Representative shall be elected by the General Assembly or appointed by the Governor to any office or appointment having any emolument annexed thereto, during the time for which such person shall have been elected, unless the Senator or Representative shall first resign the seat to which elected; provided, however, that, during the term for which elected, no Senator or Representative shall be appointed to any civil office which has been created during such term.

Page 12

SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE COMMITTEE RECOMMENDATIONS
PROPOSED BY THE SELECT COMMITTE~ BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

~E, SECTION,
PARAGRAPH
ARTICLE Ill, SECTION II, Paragraph IV (continued)

CHANGES PROPOSED
HOUSE OF REPRESENTATIVES Same as Select Committee.

"-"
Article Ill, Section II, Paragraph V

SENATE JUDICIARY COMMITTEE
Subparagraph (a) changed to read as follows:
(a) No person on active duty with any branch of the armed forces of the United States shall have a seat in either house unless otherwise provided by law.
Subparagraphs (b) and (c) same as Select Committee and House versions.
COMMITTEE TO REVISE ARTICLE III
Paragraph V. Election and term of members. The members of the General Assembly shall be elected by the qualified electors of their respective districts for a term of two years and shall serve until the time fixed by law for the convening of the next General Assembly.
SELECT COMMITTEE
Paragraph V. Election and term of members. The members of the General Assembly shall be elected by the qualified electors of their respective districts for a term of two years and shall serve until the time fixed by law for the convening of the next General Assembly. An election for members of the General Assembly shall be held on Tuesday after the first Monday in November, 1982; and subsequent elections shall be held biennially on that day until the day of election is changed by law.
HOUSE OF REPRESENTATIVES
Same as Select Committee.
SENATE JUDICIARY COMMITTEE
Paragraph V. Election and term of members. (a) The members of the Senate shall be elected by the qualified electors of their respective districts for a term of four years and shall serve until the time fixed by law for the convening of the next General Assembly. An election for members of the Senate shall be held on Tuesday after the first Monday in November, 1982; and subsequent elections shall be held quadrennially on that day until the day of election is changed by law.
(b) The members of the House of Representatives shall be elected by the qualified electors of their respective districts for a term of two years and shall serve until the time fixed by law for the convening of the next General Assembly. An election for members of the House of Representatives shall be held on Tuesday after the first Monday in November, 1982; and subsequent elections shall be held biennially on that day until the day of election is changed by law.

Page 13
SYNOPSIS OF C~~GES IN ORIGINAL ARTICLE CO}~ITTEE RECO}frIENDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY CO}~ITTEE AT THE 1980 LEGISLATIVE SESSION

.-
N T_E, SECTION,
P. rtAPH

CHANGES PROPOSED

Article III, Section III, iParagraph I

COMMITTEE TO REVISE ARTICLE III
Paragraph 1. President and President Pro Tempore of the Senate. (a) The presiding office of the Senate shall be styled the
President of the Senate and shall be elected by the Senate from among its members.
(b) A President Pro Tempore shall be elected by the Senate from among its' members. The President Pro Tempore shall become President in case of the death, resignation, or permanent disability of the President.
Note: The Committee to Revise Article III and the Committee to Revise Articles IV and V recommended that the Senate elect its own presiding officer and that the Lieutenant Governor become a purely executive officer. (See also Article V, Section I, Paragraph III in the original article committee recommendations). The Select Commitee and the House recommended that the Lieutenant Governor continue to serve as the presiding officer of the Senate. The Senate Judiciary Committee approved the recommendation of the original article committees.
SELECT COMMITTEE
Paragraph I. President and President Pro Tempore of the Senate. (a) The presiding officer of the Senate shall be styled the
President of the Senate.
(b) A President Pro Tempore shall be elected by the Senate from among its members. The President Pro Tempore shall act as President in case of the temporary disability of the President. In case of the death, resignation, or permanent disability of the President or in the event of the succession of the President to the executive power, the President Pro Tempore shall become President and shall receive the same compensation and allowances as the Speaker of the House of Representatives. The General . Assembly shall provide by law for the method of determining disability as provided in this paragraph.
HOUSE OF REPRESENTATIVES
Same as Select Committee.
SENATE JUDICIARY COMMITTEE
Paragraph 1. President and President Pro Tempore of the Senate. (a) The presiding officer of the Senate shall be styled the
President of the Senate and shal~be elected by the Senate from among its members.
(b) A President Pro Tempore shall be elected by the Senate from among its members. The President Pro Tempore shall become President in case of death, resignation, or permanent disability of the President. The General Assembly shall provide by law for the method of determining disability as provided in this paragrapl
(c) The provisions of paragraph (a) of this Paragr~ph shall become effective upon the convening of the General Assembly at the 1983 regular session.

Page 14
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE CO}lMITTEE RECOMHENDATIONS PROPOSED BY THE SELECT COMHITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMHITTEE AT THE 1980 LEGISLATIVE SESSION

~ICLE, SECTION
PARAGRAPH
Article III, Section III, Paragraph II

CHANGES PROPOSED
COMMITTEE TO REVISE ARTICLE III
Paragraph II. Speaker and Speaker Pro Tempore of the House of Representatives. (a) The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives and shall be elected by the House of Representatives from among its members.
(b) A Speaker Pro Tempore shall be elected by the House of Representatives from among its members. The Speaker Pro Tempore shall become Speaker in case of the death, resignation, or permanent disability of the Speaker.
SELECT COMMITTEE
Same as Committee to Revise Article III.
HOUSE OF REPRESENTATIVES
No change in subparagraph (a); Subparagraph (b) changed to read as follows:
(b) A Speaker Pro Tempore shall be elected by the House of Representatives from among its members. The Spea~er Pro Tempore shall become Speaker in case of the death, resignation, or permanent disability of the Speaker. The General Assembly shall provide by law for the method of determining disability as provided in this paragraph.
SENATE JUDICIARY COMMITTEE
Same as House of Representatives.

Article III, Section III, i'Paragraph III

No change.

'~icle III, Section IV Paragraph I

COMMITTEE TO REVISE ARTICLE III
Paragraph I. Meeting, time limit, and adjournment. (a) The General Assembly shall be a continuous body during the term for which the members thereof are elected. The General Assembly shall meet in regular session on the second Monday in January of each year, or otherwise as provided by law, and may continue in session for a period of no longer than 40 days in the aggregate each year. By concurrent resolution, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening.
(b) Neither house shall adjourn for more than three days or to any other place without the consent of the other. In the event either house, after the thirtieth day of any session, adopts a resolution to adjourn for a specified period of time and such resolution and any amendments thereto are not adopted by both houses by the end of the legislative day on which adjournment was called for in such resolution, the Governor may adjourn both houses for a period of time not to exceed ten days.
(c) If an impeachment trial is pending at the end of any session, the House shall adjourn and the Senate shall remain in session until such trial is completed.

('

Page 15
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE COMMITTEE RECOM}lENDATIONS 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 III, Section IV, Paragraph I (~ontinued)

CHANGES PROPOSED
SELECT COMMITTEE
Same as Committee to Revise Article III.
HOUSE OF REPRESENTATIVES
Same as Committee to Revise Article III.
SENATE JUDICIARY COMMITTEE
Subparagraph (a) changed to read as follows:
(a) The General Assembly shall be a continuous body during the term for which the members thereof are elected. The General Assembly shall meet in regular session on the second Monday in January of each year, or otherwise as provided by law, and may continue in session for a period of no longer than 40 days, excluding Saturdays and Sundays, in the aggregate each year, provided that the Governor may by proclamation issued not later than the fortieth day of any such regular session extend the length thereof up to a maximum of 60 days, excluding Saturdays and Sundays, in the aggregate each year. By concurrent resolution, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening.
Subparagraphs (b) and (c) same as Committee to Revise Article III.

Article III, Section IV, Paragraph II
Article IrI, Section IV, Paragraph III

COMMITTEE TO REVISE ARTICLE III
Paragraph II. Oath of members. Each Senator and Representative, be!ore taking the seat to which elected, shall take the oath or affirmation prescribed by law.
SELECT COMMITTEE
Same as Committee to Revise Article III.
HOUSE OF REPRESENTATIVES
Provision consolidated with Governor's oath provision and moved to Article II, Section II, Paragraph IV. See "Note" following Article II, Section II, Paragraph IlIon page 9, supra. SENATE JUDICIARY COMMITTEE Same as House of Representatives.
No change in text, but appears as Paragraph II in House and Senate Judiciary Committee versions.

Article III, Section IV, Paragraph IV

No change in text, but appears as Paragraph III in House and Senate Judiciary Committee versions.

Page 16
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE COM}IITTEE RECO}frlENDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY CO}mITTEE AT THE 1980 LEGISLATIVE SESSION

/ 'LE, SECTION,
~RAPH
Article III, Section IV, Paragraph V
Article III, Section IV, Paragraph VI

CHANGES PROPOSED
COMMITTEE TO REVISE ARTICLE III
Paragraph V, Open meetings. The sessions of the General Assembly all committee meetings, and all hearings shall be open to the public, except when the General Assembly provides otherwise with regard to property transactions or appointments to or removal from public office.
SELECT COMMITTEE
Deleted this provision.
HOUSE OF REPRESENTATIVES
Same as Select Committee.
SENATE JUDICIARY COMMITTEE
Same as Select Committee.
No change in text, but appears as Paragraph V in Select Committee version and as Paragraph IV in House and Senate Judiciary Committee versions.

Article III, Section IV, Paragraph VII
Article III, Section IV, Article III, Section IV,
r",-,'raph IX

COMMITTEE TO REVISE ARTICLE III
Paragraph VII. Compensation and allowances. The members of the General Assembly shall rec~ive such compensation and allowances as shall be provided for by law, but no change in such compensation or allowances shall become effective prior to the end of the term during which such change is made.
SELECT COMMITTEE
Same text as Committee to Revise Article III, but appears as Paragraph VI.
HOUSE OF REPRESENTATIVES
Paragraph V. Compensation and allowances. The members of the General Assembly shall receive such compensation and allowances as shall be provided for by law, but no change in such compensation shall become effective prior to the end of the term during which such change is made.
SENATE JUDICIARY COMMITTEE
Same text as Committee to Revise Article III, but appears as Paragraph V.
No change in text, but appears as Paragraph VII in Select Committee version and as Paragraph VI in House and Senate Judiciary Committee versions.
No change in text, but appears as'Paragraph VIII in Select Committee version and as Paragraph VII in House and Senate Judiciary Committee versions.

Page 17
SYNOPSIS OF CHANGES 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

A~.!CLE, SECTION, PARAGRAPH
Article III, Section IV, Paragraph X

CHANGES PROPOSED
No change in text, but appears as Paragraph IX in Select Conunittee version and as Paragraph VIII in House and Senate Judiciary Conunittee versions.

Article III, Section IV, Paragraph XI

COMMITTEE TO REVISE ARTICLE III
Paragraph XI. Viva voce vote. All elections by either house of the General Assembly shall be viva voce, and the vote shall appear on the respective journal of each house.
SELECT COMMITTEE
Same text as Conunittee to Revise Article III, but appears as Paragraph X.
HOUSE OF REPRESENTATIVES
Deleted this provision.
SENATE JUDICIARY COMMITTEE
Same as House of Representatives.

Article III, Section V, Paragraph I

COMMITTEE TO REVISE ARTICLE III
Paragraph I. Journals and Acts. Each house shall keep and publish after its adjournment a journal of its proceedings. The original journals shall be the sole, official records of the proceedings of each house and shall be preserved in the office of the Secretary of State. The General Assembly shall provide for the publication of the laws passed at each session.
SELECT COMMITTEE
Same as Conunittee to Revise Article III.
HOUSE OF REPRESENTATIVES
Same as Conunittee to Revise Article III.
SENATE JUDICIARY COMMITTEE
Paragraph I. Journals and Acts. Each house shall keep and publish after its adjournment a journal of its proceedings. The original journals shall be the sole, official records of the proceedings of each house and shall be preserved as provided by law. The General Assembly shall provide for the publication of the laws passed at each session.

Page 18
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE CONMITTEE RECOMNENDATIONS pROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

~CLE, SECTION,
PARAGRAPH
Article III, Section V, Paragraph II

CHANGES PROPOSED
COMMITTEE TO REVISE ARTICLE III
Paragraph II. Bills for revenue. All bills for raising revenue, or appropriating money, shall originate in the House of Representatives.
SELECT COMMITTEE
Same as Committee to Revise Article III.
HOUSE OF REPRESENTATIVES
Same as Committee to Revise Article III.
SENATE JUDICIARY COMMITTEE
Paragraph II. Bills for revenue. Bills for raising revenue or appropriating money may originate in either house of the General Assembly. No bill raising revenue which will result in an increase in the funds available for appropriation by the General Assembly pursuant to Section IX of this article shall become law without the approval of two-thirds of the members to which each house is entitled. The state revenue commissioner shall determine if a bill increases funds available to the General Assembly for appropriation within the meaning of this Paragraph an~ shall certify such determination to the President of the Senate and the Speaker of the House of Representatives. Such certification shall bind the General Assembly for the purposes of this Paragraph.

Article III, Section V, Paragraph III

No change.

Article III, Section V, "-~agraph IV

No change.

Article III, Section V, Paragraph V

No change.

Article III, Section V, Paragraph VI

No change.

Article III, Section V, Paragraph VII

No change.

Article III, Section V, Paragraph VIII

No change.

. ~icle III, Section V, ""-' 19raph IX
Article III, Section V, Paragraph X

No change. No change.

Page 19
SYNOPSIS OF CHA.'<GES IN ORIGINAL ARTICLE COMHITTEE RECOMNENDATIONS PROPOSED BY THE SELECT CO}WITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COHMITTEE AT THE 1980 LEGISLATIVE SESSION

ARTICLE, SECTION, PARAGRAPH
Article III, Section V, Paragraph XI
Article III, Section V, Paragraph XII
Article III, Section V, Paragraph XIII

CHANGES PROPOSED
No change.
No change.
COMMITTEE TO REVISE ARTICLE III
Paragraph XIII. Approval, veto, and override of veto of bills and resolutions. (a) All bills and all resolutions which have been passed by the General Assembly intended to have the effect of law shall become law if the Governor approves or fails to veto the same within six days from the date any such bill or resolution is transmitted to the Governor unless the General Assembly adjourns sine die or adjourns for more than 40 days prior to the expiration of said six days. In the case of such adjournment sine die or of such adjournment for more than 40 days, the same shall become law if approved or not vetoed by the Governor within 40 days from the date of any such adjournment.
(b) During sessions of the General Assembly or during any period of adjournment of a session of the General Assembly, no bill or resolution shall be transmitted to the Governor after passage except upon request of the Governor or upon order of two-thirds of the membership of each house.
(c) The Governor shall have the duty to transmit any vetoed bill or resolution, together with the reasons for such veto, to the presiding officer of the house wherein it originated within three days from the date of veto if the General Assembly is in 'session on the date of transmission. If the General Assembly adjourns sine die or adjourns for more than 40 days, the Governor shall transmit any vetoed bill or resolution, together with the reasons for such veto, to the presiding officer of the house wherein it originated within 40 days of the date such bill or resolution shall have been presented to the Governor.
(d) During sessions of the General Assembly, any vetoed bill or resolution may upon receipt be immediately considered by the house wherein it originated for the purpose of overriding the veto. If two-thirds of the members to which such house is entitled vote to override the veto of the Governor, the same shall be immediately transmitted to the other house where it may be immediately considered. Upon the vote to override the veto by two-thirds of the members to which such other house is entitled, such bill or resolution shall become law. All bills and resolutions vetoed during the last three days of the session and not considered for the purpose of overriding the veto and all bills and resolutions vetoed after the General Assembly has adjourned sine die may be considered within the first ten days of the next regular session of the General Assembly for the purpose of overriding the veto in the manner herein provided. If either house shall fail to override the Governor's veto, neither house shall again consider such bill or resolution for the purpose of overriding such veto.
(e) The Governor may approve any appropriation and veto any other appropriation in the same bill, and any appropriation vetoed shall not become law unless such veto is overridden in the manner herein provided.

Page 20
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE COMMITTEE RECOMMENDATIONS PROPOSED BY THE SELECT COMMITTE~ BY THE HOUSE OF REPRESENTATIVES. AND BY THE SENATE JUDICIARY CO}~ITTEE AT THE 1980 LEGISLATIVE SESSION

~CLE. SECTION.
PARAGRAPH
Article III. Section V. Paragraph XIII (continued)

CHANGES PROPOSED

SELECT COMMITTEE

Same as Committee to Revise Article III.

HOUSE OF REPRESENTATIVES

Same as Committee to Revise Article III.

SENATE JUDICIARY COMMITTEE

Second sentence of subparagraph (4) changed to read as follows:

if two-thirds of the members to which such house is entitled vote

to override the veto of the Governor. the same shall be

immediately transmitted to the other house where it shall be

immediately considered (emphasis added).

------

Same as Committee to Revise Article ~II otherwise.

Article III. Section V. Paragraph XIV

COMMITTEE TO REVISE ARTICLE III
Paragraph XIV. Approval. veto. and override of veto of proposed amendments to this Constitution which are not general. (a) The Governor shall not have the power to veto any proposal by the General Assembly to provide a new Constitution or to veto a proposed amendment to this Constitution which is general. The Governor shall have the power to veto a proposed amendment to this Constitution which is not general.
(b) All proposed amendments to this Constitution which are determined. in the manner provided in Article XII. by the Attorney General. the Legislative Counsel. and the Secretary of State to be not general shall be submitted for ratification if the Governor approves or fails to veto tne same within six days from the date any such proposed amendment is transmitted to the Governor unless the General Assembly. adjourns sine die or adjourns for more than 40 days prior to the expiration of said six days. In the case of such adjournment sine die or of such adjournment for more than 40 days. the same shall be submitted for ratification if approved or if not vetoed by the Governor within 180 days from the date of any such adjournment.
(c) During sessions of the General Assembly or during any period of adjournment of a session of the General Assembly. no proposed amendment to this Constitution which is not general shall be transmitted to the Governor after passage unless the Attorney General. the Legislative Counsel. and the Secretary of State shall have determined that such proposed amendment is not general and unless the Governor shall have requested that such proposed amendment be so transmitted.
(4) The Governor shall have the duty to transmit any vetoed proposed amendment to this Constitution which is not general. together with the reasons for such veto. to the presiding officer of the house wherein it originated within three days from the date of veto if the General Assembly is in session on the date of veto. If the General Assembly. prior to the Governor's veto. adjourns sine die or adjourns for more than 40 days. the Governor shall transmit any vetoed proposed amendment to this Constitution which is not general. together with the reasons for such veto. to the presiding officer of the house wherein it originated within 180 days from the date such vetoed amendment was approved by the house last acting on such proposed amendment.

Page 21
SYNOPSIS OF CHA.'1GES IN ORIGINAL ARTICLE CO~lHITTEE RECOX.'lENDATIONS PROPOSED BY THE SELECT CO~WITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY CO~~ITTEE AT THE 1980 LEGISLATIVE SESSION

Ah CLE, SECTION, PARAGRAPH
Article III, Section V, Paragraph XIV (continued)

CHANGES PROPOSED
(e) All vetoed proposed amendments to this Constitution which are not general shall be subject to be overridden by the General Assembly in the same manner and pursuant to the same procedures as hereinabove provided for the override of vetoed bills and resolutions.
SELECT COMMITTEE
Same as Committee to Revise Article III.
HOUSE OF REPRESENTATIVES
Deleted this paragraph.
SENATE JUDICIARY COMMITTEE
Same as House of Representatives.

Article III, Section VI, Paragraph I

No change.

Article III, Section VI, Paragraph II

COMMITTEE TO REVISE ARTICLE III
Paragraph II. Specific powers. (a) Without limitation of the powers granted under Paragraph I, the General Assembly shall have the power to provide by law for:
1. Restrictions upon land use in order to protect and preserve the natural resources, environment, and vital areas of this state.
2. A militia and fdr the trial by courts-martial and nonjudicial punishment of its members, the discipline of whom, when not in federal service, shall be in accordance with law and the directives of the Governor in his capacity as commander in chief.
3. The participation by the state and political subdivisions and instrumentalities of the state in federal programs and the compliance with laws relating thereto, including but not limited to the powers, which may be exercised to the extent and in the manner necessary to effect such participation and compliance, to tax, to expend public money, to condemn property, and to zone property.
4. The continuity of state and local governments in periods of emergency resulting from disasters caused by enemy attack including but not limited to the suspension of all constitutional legislative rules during such e~rgency.
5. The participation by the state with any county, municipality, nonprofit organization, or any combination thereof in the operation of any of the facilities operated by such agencies for the purpose of encouraging and promoting tourism in this state.
(b) The General Assembly shall have the power to implement the provisions of Article I, Section III, Paragraph 1(2); Article IV, Section Vlllj Paragraph II; Article IV, Section VIII, Paragraph III; and Article X, Section II, Paragraph XII of this Constitution in force and effect on June 30, 1981; and all laws heretofore adopted thereunder and valid at the time of their enactment shall continue in force and effect until modified or repealed.

Page 22
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE CO}1}IITTEE RECOMNENDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY CO~~ITTEE AT THE 1980 LEGISLATIVE SESSION

~LE, SECTION, PARAGRAPH
Article III, Section VI, Paragraph II (continued)

CHANGES PROPOSED
SELECT COMMITTEE
Subparagraph (a)(2) changed to read as follows:
2. A militia and for the trial by courts-martial and nonjudicial punishment of its members, the discipline of whom, when not in federal service, shall be in accordance with law and the directives of the Governor acting as commander in chief.
Subparagraph (b) changed to read as follows:
(b) The General Assembly shall have the power to implement the provisions of Article I, Section III, Paragraph 1(2); Article IV, Section VIII, Paragraph II; and Article IV, Section VIII, Paragraph III of the Constitution of 1976; and all laws heretofore adopted thereunder and valid at the time of their enactment shall continue in force ano effect until modified or repealed.
Same as Committee to Revise Article III otherwise.
HOUSE OF REPRESENTATIVES
Subparagraph (a)(3) changed to read as follows:
3. The participation by the state and political subdivisions and instrumentalities of the state in federal programs and the compliance with laws relating thereto, including but not limited to the powers, which may be exercised to the extent and in the manner necessary to effect such participation and compliance, to tax, and to expend public money.
Subparagraph (b) changed to read 'as follows:
(b) The General Assembly shall have the power to implement the provisions of Article I, Section III, Paragraph 1(2); Article IV, Section VIII, Paragraph II; Article IV, Section VIII, Paragraph III; and Article X, Section II, Paragraph XII of the Constitution of 1976; and all laws heretofore adopted thereunder and valid at the time of their enactment shall continue in force and effect until modified or repealed.
Same as Select Committee version otherwise.
SENATE JUDICIARY COMMITTEE
Subparagraphs (a)(3) to (a)(5) changed to read as follows:
3. The participation by the state and political subdivisions and instrumentalities of the state in highway and transportation programs financed in whole or in part with federal funds, and the compliance with laws relating thereto, including, but not limited to, the powers, which may be exercised to the extent and in the manner necessary to effect such participation and compliance, to condemn property, to zone property, to tax, and to expend public money.

Page 23
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE CO}1MlTTEE RECO~1MENDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE !lOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY CO~ITTEE AT THE 1980 LEGISLATIVE SESSION

A".LCLE, SECTION, PARAGRAPH
Article III, Section VI, paragraph II (continued)

CHANGES PROPOSED
SENATE JUDICIARY COMMITTEE (continued)
4. The participation by the state and political subdivisions and instrumentalities of the state in federal programs other than those provided for in subparagraph (3) above, and the compliance with laws relating thereto, including, but not limited to, the powers, which may be exercised to the extent and in the manner necessary to effect such participation and compliance, to tax and to expend public money.
5. The continuity of state and local governments in periods of emergency resulting from disasters caused by enemy attack, including, but not limited to, the suspension of all constitutional legislative rules during suchemergency.
6. The participation by the state with any county, municipality, nonprofit organization, or any combination thereof in the operation of any of the facilities operated by such agencies for the purpose of encouraging and promoting tourism in this state.
Subparagraph (b) changed to read as follows:
(b) The General Assembly shall have the power to implement the provisions of Article I, Section III, Paragraph 1(2); Article IV, Section VIII, Paragraph II; Article IV, Section VIII, Paragraph III; and Article X, Section II, Paragraph XII of the Constitution of 1976, all of which are continued in force and effect and made par~ of this Constitution; and all laws heretofore adopted thereunder and valid at the time of their enactment shall continue in force and effect until modified or repealed.
Same as Select Committee version otherwise.

Article III, Section VI, Paragraph III

No change.

Article III, Section VI, Paragraph IV

No change.

Article III, Section VI, Paragraph V

No change.

Article III, Section VI, .1'aragraph VI

COMMITTEE TO REVISE ARTICLE III
Paragraph VI. Gratuities. (a) Except as otherwise prOVided in this Constitution, the General Assembly shall not have the power to grant any donation or gratuity in favor of, or to forgive any debt or obligation owing to the public from, any private person except pursuant to a general law authorizing a particular donation or gratuity serving the public interest adopted in any two successive regular sessions upon the affirmstivevote of two-thirds of the members to which each house is entitled and approved by the Governor within 30 days after it has been presented to the Governor in each such session. Any such law may be repealed in the same manner as other laws.

Page 24
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE COHMITTEE RECOMMENDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

~CLE, SECTION,
PARAGRAPH
Article III, Section VI, Paragraph VI (continued)

CHANGES PROPOSED
(b) All laws heretofore adopted under Article III, Section VIII, Paragraph XII of this Constitution in force and effect on June 30. 1981, shall continue in force and effect until modified or repealed in the manner provided hereinabove.
SELECT COMMITTEE
Paragraph VI. Gratuities; exceptions. (a) Except as provided in this Constitution, the General Assembly shall not by vote. resolution, or order grant any donation or gratuity in favor of any person, corporation. or association.
(b) The General Assembly shall not grant or authorize extra compensation to any public officer, agent, or contractor after the service has been rendered or the contract entered into.
(c) The expenditure of public iunds pursuant to the provisions of Article X of this Constitution shall not constitute a violation of subparagraph (a) or (b) of this Paragraph.
(d) The General Assembly is authorized to provide by law for the payment of $250,000.00 to the first person, firm, or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this state. Such well must produce at least 100 barrels of oil per day, and the determination as to whether such well is producing this amount is hereby vested in the commissioner of natural resources. Said law shall provide for the distribution of said amount as the General Assembly may by statute provide between the company or individual who drills or causes to be drilled said well, ~he contractor who furnishes the equipmen~, among such workmen and employees actually engaged in the job, and to the mineral and property owner where the well is drilled. The General Assembly shall provide for the method of payment by the Governor.
(e) The General Assembly is hereby authorized to provide by law for the granting of funds to a county in which is located land belonging to the state consisting of at least 20,000 acres from which such county receives no taxes. The General Assembly is authorized to provide in such law the procedure for determining the amount of funds and all other matters relative to any such grant.
(f) Notwithstanding any other provisions of this Constitution the General Assembly is hereby authorized to provide by law for the indemnification with respect to death, personal injury, or property damage sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in assisting a peace officer in prevention of a crime or appr~hension of a criminal. Such law may provide for the method of payment of such indemnification and all other matters relative to the purposes herein provided. The General Assembly is hereby authorized to appropriate state funds for the payment of such indemnification and for the purpose of implementing any law as authorized by this paragraph.

Page 25
SYNOPSIS OF CHfu~GES IN ORIGINAL ARTICLE COMMITTEE RECOMMENDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY CO}~ITTEE AT THE 1980 LEGISLATIVE SESSION

A. _CLE, SECTION, PARAGRAPH

CHANGES PROPOSED

Article III, Section VI, Paragraph VI (continued)

(g) Notwithstanding any other provisions of this Constitution, the Department of Industry and Trade, in order to make Georgia competitive with other states in securing new business, industry, and tourism, is hereby authorized to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the department to discuss the location or development of new business, industry, or tourism within the state. All such expenditures shall be verified by vouchers showing the date, place, purpose, and persons for whom such expenditures were made. The state auditor shall conduct an audit of such expenditures at least every six months.
(h) The General Assembly is hereby authorized to prOVide by law for a program of indemnification with respect to the death of any law enforcement officer, fireman, or prison guard who is or has been killed in the line of duty aubsequent to January I, 1973. Such law may provide for the method of payment of such indemnification and all other matters relative thereto; provided, that no such law may provide an indemnification with respect to the death of a law enforcement officer, fireman, or prison guard which is in excess of $50,000.00. The General Assembly is hereby authorized to levy taxes and to appropriate state funds, to provide for insurance, to provide for a continuing fund, or to provide for a combination thereof for the purpose of providing payment of such indemnification and for the purpose of implementing any law which has been or shall be enacted pursuant to the provisions of this paragraph.
(i) Any provision of this Paragraph to the contrary notwithstanding, the General Assembly is authorized to provide by law for the donation or gratuitous transfer of books and other printed materials, which are owned by the state and which have been found and declared to be surplus, to bona fide nonprofit civic, educational, or charitable organizations when such books and materials, or the proceeds from the sale thereof, are to be used for bona fide civic, education, or charitable activities or purposes.
U) The General As~embly is hereby authorized to provide by
law for compensating innocent victims Qf crime. The General Assembly is authorized to define the types of victims eligible to receive compensation and to vary the amounts of compensation according to need. The General Assembly shall be authorized to appropriate funds to carry out the provisions of any law adopted pursuant to the authority of this paragraph. The General Assembly shall be further-authorized to provide for the assessment of additional penalties in any case in which any court in this state shall impose a fine or order the forfeiture of any bond in the nature of the penalty for certain or all offenses against the criminal or traffic laws of this state and the political subdivisions thereof. The General Assembly may provide that the proceeds derived from such additional penalty assessments may be allocated for the specific purpose of compensating innocent victims of crime.
(k) Notwithstanding any other provisions of this Constitution the General Assembly is hereby authorized to provide by law for a health insurance plan for retired public schoolteachers. The General Assembly shall be authorized to appropriate funds to finance the administration of the plan and the employer contributions of such retired persons.

Page 26
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE CO}MITTEE RECO}mENDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

~CLE, SECTION,
PARAGRAPH

CHANGES PROPOSED

Article III, Section VI, Paragraph VI (continued)

(1) Whenever the Board of Human Resources is entitled to receive federal funds made available pursuant to any federal vocational rehabilitation program, said board shall be authorized to receive and administer such funds in accordance with the terms of said federal program and, where the program so provides, said board may disburse said funds to nonprofit corporations or associations which are engaged solely in vocational rehabilitation of disabled persons.
HOUSE OF REPRESENTATIVES
Paragraph VI. Gratuities. (a) Except as otherwise provided in this Constitution, the General Assembly shall not have the power to grant any donation or gratuity in favor of, or to forgive any debt or obligation owing to the public from, any person, corporation, or association except pursuant to a general law authorizing a particular donation or gratuity serving the public interest which is adopted by the General Assembly upon the affirmative vote of two~thirds of the members to which each house is entitled and which is approved by the Governor within 30 days after it has been presented to the Governor. Any such law may be repealed in the same manner as other laws.
(b) All laws heretofore adopted under Article III, Section VIII, Paragraph XII of the Constitution of 1976, as amended, shall continue in force and effect until modified or repealed in the manner hereinabove provided.
SENATE JUDICIARY COMMITTEE
Same as Committee to Revise Article III.

Article III, Section VII, Paragraph I

No change.

~icle III, Section VII, Faragraph II

COMMITTEE TO REVISE ARTICLE III
Paragraph II. Trial of impeachments. The Senate shall have the sole power to try impeachments. When sitting for that purpose, the Senators shall be on oath, or affirmation, and shall be presided over by the Chief Justice of the Supreme Court. Should the Chief Justice be disqualified, then the Presiding Justice shall preside. Should the Presiding Justice be disqualified, then the Senate shall select a Justice of the Supreme Court to preside. No person shall be convicted without concurrence of two~thirds of the members present.
SELECT COMMITTEE
Same as Committee to Revise Article III.
HOUSE OF REPRESENTATIVES
Same as Committee to Revise Article III.
SENATE JUDICIARY COMMITTEE
Last sentence changed to read as follows:
No person shall be convicted without concurrence of two-thirds of the members to which the Senate is entitled (emphasis added).
Same as Committee to Revise Article III otherwise.

Page 27
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE CONMITTEE RECO~IHENDATIONS PROPOSED BY THE SELECT COHHITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY CO}WITTEE AT THE 1980 LEGISLATIVE SESSION

~CLE, SECTION, :RAPH
Article III, Section VII, Paragraph III

CHANGES PROPOSED No change.

Article III, Section VIII, Paragraphs I and II

COMMITTEE TO REVISE ARTICLE III
Paragraph I. Regulation of insurance. Provision shall be made by law for the regulation of insurance.
Paragraph II. Issuance of licenses. Insurance licenses shall be issued by the Comptroller General as required by law.
SELECT COMMITTEE Paragraph I. Regulation of insurance. Provision shall be made by law for the regulation of insura~ce.
HOUSE OF REPRESENTATIVES
Same as Select Committee.
SENATE JUDICIARY COMMITTEE
Same as Select Committee.

Article III, Section IX, Paragraph I

No change.

Article III, Section IX, Paragraph II
Article III, Section IX, Paragraph III
--- ':icle III, Section IX, cagraph IV

No change. No change. No change.

Article III, Section IX, Paragraph V

COMMITTEE TO REVISE ARTICLE III
Paragraph V. General appropriations Act. (a) Each general appropriations Act, now of force or hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire, except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of federal grants.
(b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued in the state treasury at the beginning of the fiscal year together with an amount not greater than the total treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the budget report and amendments thereto. Supplementary appropriations, if any, shall be made in the manner provided in Paragraph VI of this section of the Constitution; but in no event shall a supplementary appropriations Act continue in force and effect beyond the expiration of the general appropriations Act in effect when such supplementary appropriations Act was adopted and approved.

Page 28
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE COMMITTEE RECO~lliENDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

P- "LE, SECTION, l"-,,RAPH
Article Ill, Section IX, Paragraph V (continued)

CHANGES PROPOSED
(c) All appropriated funds, except for the mandatory appropriations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such general appropriations Act shall lapse.
(d) All federal funds received by the State of Georgia are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the federal government in making the grant.
(e) The state, state institutions, and departments and agencies of the state are hereby prohibited from entering into any contract with any public agency or public corporation or authority pursuant to the provisions of Article IX, Section VI, Paragraph I(a), which such contract constitutes security for bonds or other obligations issued by any such public agency or public corporation or authority; and the appropriation or expenditure of any funds for the payment of obligations under any such contract is likewise prohibited at any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into, exceed 15 percent of the total revenue receipts less refunds of the state treasury in the fiscal year immediately preceding the making and entering into of any such contract; provided, however, this provision shall not affect contracts validly entered into prior to the effective date of the amendment to Article VII, Section IX, Paragraph II of the Constitution of 1945 adopted November 6, 1962. The execution of any such contract is further prohibited until the General Assembly has specifically provided funds in an appropriations Act for the payment of at least one year's rental under such contract.
SELECT COMMITTEE
Same as Committee to Revise Article III.
HOUSE OF REPRESENTATIVES
Subparagraph (a) changed to read as follows:
(a) Each General Appropriations Act, with such amendments as are adopted from time to time, shall continue in force and effect for each fiscal year thereafter until another General Appropriations Act is adopted.
Subparagraph (e) deleted.
Same as Committee to Revise Article III otherwise.
SENATE JUDICIARY COMMITTEE
Subparagraph (a) amended to read as follows:
(a) Each general appropriations Act, now of force or hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire except-for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of federal grants. Amendments to the general appropriations Act shall be by separate bills embracing each but one appropriation, shall be adopted only for an emergency purpose as proclaimed by the Governor, and shall be adopted only upon the approval of two-thirds of the members to which each house is entitled.
Same as House of Representatives version otherwise.

Page 29
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE CO}WITTEE RECOMMENDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

,--. ":LE, SECTION,
;RAPH
Article III, Section IX, Paragraph VI

CHANGES PROPOSED
COMMITTEE TO REVISE ARTICLE III
Paragraph VI. Other or supplementary appropriations. In addition to the appropriations made by the general appropriations Act and amendments thereto, the General Assembly may make additional appropriations by Acts, which shall be known as supplementary appropriation Acts, provided no such supplementary appropriation shall be available unless there is an unappropriatec surplus in the state treasury or the revenue necessary to pay such appropriation shall have been provided by a tax laid for suct purpose and collected into the general fund of the state treasury. Neither house shall pass a supplementary appropriation bill until the general appropriations Act shall have been finally adopted by both houses and approved by the Governor.
SELECT COMMITTEE
Same as Committee to Revise Article III.
HOUSE OF REPRESENTATIVES
Same as Committee to Revise Article III.
SENATE JUDICIARY COMMITTEE
Added the following to appear as the last sentence of this paragraph:
Each supplementary appropriation shall be by separate bill embracing but one appropriation, shall be adopted only for an emergency purpose as proclaimed by the Governor, and shall be adopted only upon the approval of two-thirds of the members to which each house is entitled.
Same as Committee to Revise Article III otherwise.

Article III, Section IX, ~graph VII

No change.

Article III, Section IX, Paragraph VIII

COMMITTEE TO REVISE ARTICLE III
Paragraph VIII. Appropriations void, when. Any appropriation made in conflict with either of the foregoing provisions shall be void.
SELECT COMMITTEE
Same"as Committee to Revise Article III.
HOUSE OF REPRESENTATIVES
Same as Committee to Revise Article III.
SENATE JUDICIARY COMMITTEE
Paragraph VIII. Appropriations void, when. Any appropriation made in conflict with any of the foregoing provisions shall be void.
NOTE: The Senate Judiciary Committee proposed that a new Section X be added to this Article on "Public Initiative". See Senate Judiciary Committee draft.

COMMITTEE MEMBERS.
GEORGE BUSBEE GOVERNOR CHAIRMAN
ZELL MILLER LIEUTENANT GOVERNOR
THOMAS B. MU RPHY SPEAKER. HOUSE OF REPRESENTATIVES
ROBERT H. JORDAN CHIEF JUSTICE. SUP.REME COURT
J. KELLEY QUILLIAN CHIEF JUDGE. COURT OF APPEALS
ARTHUR K. 80LTON ATTORNEY GENERAL
MARCUS 8. CALHOUN SENIOR JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITy AVENUE ATLANTA. GEORGIA 30334
40416567158

COMMITTE ES 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 COXMITTEE ON CONSTITUTIONAL REVISION AND LEGISLATIVE OVERVIEW COMMITTEE
Michael J. Henry, Staf~ Attorney Staff Recommendations for Changes in the Article III Proposal
June 23, 1981

Since the final meeting of the Committee to Revise Article III, the staff has been in the process of reviewing its proposal. Comments have been received from various attorneys and others. Based on this correspondence and staff review, the staff recommends the following changes:
Recommendations on Article IIi
1. Article III, Section II, Paragraph V Election and term of members.
The staff recommends the following language be included in this paragraph:
"(b) The members of the General Assembly in office on June 3D, 1983, shall serve out the remainder of the terms to which elected.
(c) The first ejection for members of the General Assembly under this Constitution shall take place on Tuesday after the first Monday in November, 1984 and subsequent elections biennially, on that day until the day of el.ection is changed by law."

\

SELECT COHMlTTEE LEGISLATIVE OVERVIEW COMMITTEE June 23, 1981 Page 2
2. Article III, Section V, Paragraph XIV, Approval, veto, and override of veto of proposed amendments to this Constitution which are not general, prohibits the Governor from vetoing any proposed new constitution or general constitutional amendment and provides a procedure for the veto and override of that veto of local constitutional amendments by the Governor. A provision prohibiting the Governor's veto of a proposed new constitution or a general constitutional amendment can also be found in Article XII, Amendments to the Constitution; one of these provisions could be eliminated. The provisions on the Governor's veto of a proposed local constitutional amendment would need to be reconciled with the eventual policy d~cision made on whether to continue to allow local constitutional amendments to be proposed, and if so, whether to allow them to be vetoed by the Governor.
3. Article III, Section VI, Paragraph II(b) needs to be modified to' correct the citation and date as follows:
"of the Constitution of 1976 in force and effect on June 30, 1983." (correction underlined)
Also, the last phrase of this provision may be duplicative of a provision in Article XI which provides that "all laws of force in this State, not inconsistent with this Constitution, shall remain of force until the same are modified or repealed." Thus, there may be no need to specifically preserve the laws adopted under the cited provisions of the Constitution of 1976. Since the General Assembly is given the authority to implement the cited provisions of the Constit~tion of 1976, those provisions are effectively incorporated by reference into the proposed Constitution. I.aws of force implementing those cited provisions would therefore not be "inconsistent with this Constitution" unless the courts gave the phrase, "The General Assembly shall have the power to implement .. ", a strictly prospective application.
4. Article III, Section VI, Paragraph IV, Limitations on special legislation needs to be reconciled with the Article IX Committee recommendations on this subject matter.
5. Article III, Section VI, Paragraph VI(b) needs to be modified to correct the citation and date as follows:
"of the Constitution of 1976 in force and effect on June 30, 1983." (correction underlined)
6. Article III, Section IX, Paragraph II, Bills appropriating money is duplicative of Article III, Section V, Paragraph VI, When roll-call vote taken, which provides that, "The yeas and nays in each house shall be recorded and entered on the journal upon the passage or rejection of any bill or resolution appropriating money . " Thus, the staff recommends that Article III, Section IX, Paragraph II be deleted as unnecessary.
,
; .. ..
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SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE June 23, 1981 Page 3 7. Article III, Section IX, Paragraph Vee) needs to be modified to
correct the citation as follows: "pursuant to the provisions of Article IX, Section III, Paragraph I(a) .... " (correction underlined)
8. Article III, Section IX, Paragraph VII (c) needs to be modified to correct the citation as follows: "without being subject to the limitations of subparagraph (a) of this Paragraph or of Article VII, Section III, Paragraph II." (correction underlined)
9. The Article VII Committee proposal contains a recommendation that the second paragraph of Article VII, Section II, Paragraph III in the present Constitution be placed at Article III, Section IX, Paragraph VII of the Article III committee proposal and be enumerated as a new subparagraph Cd).
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COMMITTEE MEMBERS:
GEORGE SUSBEE 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
ARTH UR K. BOLTON ATTORNEY GENERAL
MARCUS B. CALHOUN SENIOR JUOGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATLANTA. GEORGIA 30334
404/656-7158

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: SUllJECT: DATE:

MEMBERS, LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION AND SELECT COMMITTEE
Michael J. Henry, Staff Attorney
Incorporation of General Amendments Ratified at 1980 General Election Into the Article III Committee Proposal
June 23, 1981

There were nine general amendments to the Constitution ratified at the general election of 1980, one of which amended Article III. 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 recommendations regarding the incorporation of the 1980 gen~~~i amendment into the Committee proposal.
1. Article III, Section VIII, Paragraph XII of the Constitution was amended by striking subparagraph 7. thereof in its entirety and substituting in lieu thereof a new subparagraph 7, reading as follows:
"7. The General Assembly is hereby authorized to provide by law for a program of indemnification with respect to the death or permanent disability, as defined by law, of any law enforcement officer, fireman, or prison guard who is or has been killed in the line of duty subsequent to January I, 1973, or permanently disabled in the line of duty subsequent to January I, 1979. Such law may provide for the method of payment of such indemnification and all other matters relative thereto; provided, that no such death or permanent disability of a law enforcement officer, fireman, or prison guard which is in excess of $50,000. Upon indemnification being paid with respect to the Eermanent disability of a law enforcement officer, fireman, or prison guard, no further indemnification under the provisions of this subparagraph shall bEi-paid upon"the"death of such person. The General Assembly is hereby authorized to levy taxes and to appropriate State funds, to provide for insurance to provide
\

LEGISLATIVE OVERVIEW COMMITTEE SELECT COMMITTEE June 23, 1981 Page 2
for a continuing fund or to provide for a combination thereof for the purpose of providing payment of such indemnification and for the purpose of implementing any law which has been or shall be enacted pursuant to the provisions of this paragraph."
The incorporation of this amendment would be inconsistent with the Article III Committee proposal of Article III, Section VI, Paragraph VI(a), Gratuities, which authorizes the General Assembly to grant any donation or gratuity in favor of any private person by general law approved by two-thirds of the General Assembly and the Governor at two successive sessions. Section VI, Paragraph VI(b) of that proposal continues in . force and effect all laws granting gratuities in effect at the adoption of the new Constitution.
The present constitutional provision which this amendment amends is currently implemented at 1978 Ga. Laws p. 1914. Therefore, the provisions of this amendment which expands the indemnification program to permanent disabilities would need to be incorporated into the present statute.
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".1 COMMITTII'l[ MIEMal:
01l0..0. au". OOVIE""O.. CHAIRMAN

Z.I,.L. MILL." LI&UTIlNANT.GOV ... NOIII
THOMAS .~ Mu ....HY .... AK.... HOU." 0'" .. 1lP'RItSIENTATIV.S

H.I:. ~ICHOL. &.. "U.TICEUP'''EME COURT

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'UDGI:. COURT 0,. A"PI:A....

A " T H ~ O ' - T O N

ATTOltNEY GI:N.... AL

MARCUS CALHOUN ...NIOIt JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISiON
ROOM aiM ., TRINITY AVENUE ATLANTA. GEORGIA IDJS.
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COMMITTEE MIEMat:It.,
AL HOLLOWAY SIE"ATC .... E.IDENT .... 0 TEMro...
JACK CONNELL .... "KE" ....0 T.M,.O"1.
HOWARe T. OVIER.'" CHA."MAN. _CHAT. "UDICIA"'" COMMITT

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"H"O. U."

JUDICIA"V

COMMITTIlIl

..... ANK H. aDWARDS ."aCIAL COUNS.L.
.t. "OSIN HAR"18 ..xaCUT.va DIRII:CTO"
.I". MELVIN HILL ASSiSTANT IEXECUTIVE DIR.eTO"

TO: FROM: SUBJECT: DATE:

ALL MEMBERS, HOUSE JUDICIARY COMMITTEE
-t>G
Vickie S. Greenberg, Staff Attorney
Oaths of Office of Elected Officers of Georgia
February 5, 1980

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The oaths of the Governor and of members of the General Assembly are provided in the Constitution, as follows:
Article III, Section V, Paragraph IV. Oath of members.
Each Senator and Representative, before taking his seat shall take the following oath, or affirmation, to-wit: "1 will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to the interests and prosperity of this State."
Article V, Section I, Paragraph IX. Oath of office.
The Governor shall, before he enters on the duties of his office, take the following oath or affirmation: "1 do solemnly swear (or affirm, as the case may be) that I will faithfully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preserve, protect, and ~efend the Constitution thereof, and the Constitution of the United States of America."
The article revision committees recommended that these oaths be deleted from the Constitution and be provided for "by law."

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ALL MEMBERS, HOUSE JUDICIARY COMMITTEE February 5, 1980 Page 2

Certain members of the House Judiciary Committee felt that the oaths

should be retained in the Constitution either in their present form

or consolidated into one oath. Such an o8thmight read as follows

(and perhaps be placed in Article II):

.

"I do solemnly swear (or affirm, as the case may be) that

I will faithfully execute the office of

.

Bnd will, to the best of my ability, preserve, prote~t and

defend the Constitution of this State and of the United

States."

Specific oaths of office for the Lieutenant Governor and for the ~ther elected executive officers are not now provided for in_either the Constitution or the Georgia Code. The Georgia Code does require, however, that all elected officers of the State, including the Governor, take an oath of loyalty to the Constitution of this State and of the United States, to disavow communism, and to swear that they are qualified to hold the office tp which elected.

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PAGE 1

2

STATE OF GEORGIA

3

4

SELECT COMMITTEE

5

ON

6

CONSTITUTIONAL REVISION

7

8

9

10

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11 j:
e ~ I.o.Il..l..:

MEETING OF

14 !

LEGISLATIVE OVERVIEW COMMITTEE

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15 olI

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16 .~..

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17 THE HONORABLE GEORGE BUSBEE, Governor of Georgia, Presiding

18

19

20

21

22 Room 341
State Capitol
n Atlanta, Georgia

24 Wednesday, July 15, 1981 9:00 a.m.
25

2
3
4
5
6
7
8
9
10
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19
20
21
22
23
24
25

I NDE X

PAGE 2

Consideration of: Article III, Section I II ................... 3 Article III, Section V 6 Ar1i:.icle III, Section VI ............ 8
i Article IV, Section I 39 Article IV, Section II .................... 47 Article IV, Section III ................... 86 Article IV, Section IV ........... 90 Article IV, Section V 98 Article V, Section I .............. 124 Article V, Section II ..................... 144 Article V, Section III .................... 173 Article V, Section IV .................. 187

Adj ournment

193

PAGE 3

PROCEEDINGS

2

LT. GOVERNOR MILLER: Would you invite all the

3 members to come in and take their seats?

4

The Governor is going to be a little late this

5 morning, but we will go ahead and get started.

6

The first thing we want to take up is perfecting

7 Article III. We have got a number of things left over from

8 yesterday.

9

Do we have the .handouts ready, or do they have them?

10

MR. HILL: We have a couple of them.

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11 ~

LT. GOVERNOR MILLER: Make sure we've got them all.

..o....

(Pause. )
g}~i LT. GOVERNOR MILLER: Has everbody got the handout
~ 14! that up at the top says Article III, legislative branch

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15 oll for further consideration?

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16 ~...

Frank Edwards, do you have anything on Number I,

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17 : Section III, Officers of the General Assembly in writing,

18 or just what you told us while ago?

19

REPRESENTATIVE BUCK: Mr. Chairman.

20

LT. GOVERNOR MILLER: Representative Tom Buck.

21

REPRESENTATIVE BUCK: Mr. Chairman, on consideration

22 of this about the Speaker Pro Tempore I have some language

23 I would like to ask this group to adopt on Subparagraph (b)

24 of Paragraph II, and it will read as follows. I'll be glad to

25 bring this to the Chair.

PAGE 4

A Speaker Pro Tempore shall be elected by the House

2, of Representatives from among its members. The Speaker Pro

3 Tempore shall become Speaker in case of the death, resignation

4 or permanent disability of the Speaker, and shall serve until

5 a Speaker is elected. Such election shall be held as provided

6 in the rules of the House.

7

I make a motion that we adopt this.

8

LT. GOVERNOR MILLER: Is there a second?

9

A VOICE: Seconded.

10

LT. GOVERNOR MILLER: It is seconded. Is there any

11 ~"z discussion or any questions?

2...

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Is there any question, any discussion? Is there any objection to the adoption? Any

! 14 I- objection?

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15 otI

There is no objection, it's adopted.

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MR. HILL: Al Holloway, did you want to leave (a)

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17 : the way they approved it at first?

18

SENATOR HOLLOWAY: Not the way the committee has

19 approved it. We want to leave the law exactly as it is now

20 insofar as the President of the Senate is concerned and

21 President Pro Tempore.

22

MR. HILL: Okay.

23

SPEAKER MURPHY: Which one is that?

24

MR. HILL: That's the Select Committee version that

25 was approved yesterday by the House.

PAGE 5

The veEsion of SUbparagraph I was on page 67 of

2 your package which was approved yesterday; then it was

3 reconsidered because of the question about the Speaker Pro

4 Tempore, but this would leave the law as it is now.

5

SENATOR HOLLOWAY: I so move if it takes a motion.

6

SENATOR BARNES: I believe we have already done

7 that.

8

LT. GOVERNOR MILLER: I believe we have already done

9 that.

10

SENATOR HOLLOWAY: I asked when we were speaking

11

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about

the

Speaker

Pro

Tempore

that

this

be

put

in

the

same

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@;i category just as a precuation. LT. GOVERNOR MILLER:

Then a motion would be in

14 ~ order.
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Do you make a motion to adopt? SENATOR HOLLOWAY: I so move. SENATOR BARNES: I second . LT. GOVERNOR MILLER: Any discussion?

Any questions?

18

Is there objection to the adoption of the section on

19 the Senate President Pro Tempore?

20

There is no objection, it's adopted.

21

MR. HILL:. The only other paragraph that wasn't

22 considered yesterday in that section, and I think it could be

23 resolved quickly, was Paragraph III, other officers of the

24 two houses, and the proposed revision states that the other

25 officers of the two houses shall be a Secretary of the Senate

PAGE 6

and a Clerk of the House of Representatives, and they were 2 the only two officers of the houses that were mentioned in

3 here.

4

There was no action taken, so there needs to be a

5 motion on that.

6

SPEAKER MURPHY: Move we adopt it.

7

LT. GOVERNOR MILLER: Second?

8

A VOICE: Seconded.

9

LT. GOVERNOR MILLER: Any questions? Any discussion?

10

Is there any objection to the adoption? There is no

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it's

adopted.

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~;~ We're going to skip over the open meetings until the Governor gets here. We want him to have the honor of

14 ~I presiding during that.

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Acts signed.

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MR. EDWARDS:

Frank. Mr. Chairman, after Mr. McWhorter and

17 : I discussed it, we tried to get hold of Jack Eller, but we

18 weren't able to do so, and we recommend that something needs

19 to be in the constitution, and also our personal preference

20 was that it remain as is, that the presiding officers sign

21 the bills, or in lieu of that either the Secretary of the 22 Senate or the Clerk of the House, and after consultation with

23 you two presiding officers-I;think we agreed to leave it as is.

24

SENATOR HOLLOWAY: So moved.

25

LT. GOVERNOR MILLER: Second?

PAGE 7

A VOICE: Seconded.

2

LT. GOVERNOR MILLER: There's a motion and a second

3 to leave it like it is. Is there objection?

4

MR. HILL: As is in the draft.

5

LT. GOVERNOR MILLER: Leave it as it is in the draft.

6

There is no objection, it's adopted.

7

Section V, Paragraph XII, rejected bills. You have

8 before you how that has been changed to read.

9

MR. HILL: The staff was asked to just go back to

10 the language that we have in the present constitution, and

11 "z~ this is that language with the addition of during the same
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@;i regular or special session, and otherwise it is the same as in the present constitution.

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17 :: second?

LT. GOVERNOR MILLER: Is there a motion? A VOICE: So moved. LT. GOVERNOR MILLER: There's a motion. Is there a

18

A VOICE: Seconded.

19

LT. GOVERNOR MILLER: Any discussion? Any questions?

20

Is there objection to the adoption of Paragraph XII,

21 Section V relating to rejected bills as you have it written

22 before you?

23

There is no objection, it's adopted.

24

Number V, Section V, Paragraph XIII.

25

MR. HILL: All right. I think Charlie will

PAGE 8

address this.

2

This was --

3

SPEAKER MURPHY: Where is Mr. Collins? He's the one

4 that had a question.

5

MR. HILL: Representative Collins wants to address

6 this section, so we probably will skip over that.

7

We will go to VI, limitation on special legislation.

8 I mentioned yesterday that the Article IX committee had

9 proposed a change in this section relating to population

10 bills, and I said I would bring it for you to look at today.

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11 j:
at:

This is the language that would go in the

e;;2... constitution. Number VI(b) is the language that they propose adding in Article III, and then this is the implementing

! 14 statute, a proposed implementing statute that is attached

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15 oll which would define what a population bill was.

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16 .~..

SENATOR BALLARD: Mr. Chairman

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17 :

GOVERNOR BUSBEE: Is there a motion on the section

18 concerning --

19

SENATOR BALLARD: Mr. Chairman.

20

GOVERNOR BUSBEE: All right. Senator Ballard.

21

SENATOR BALLARD: Please get someone to explain to

22 us -- we heard what he said, but we want to know what he's

23 doing to the present law on population bills.

24

GOVERNOR BUSBEE: Do you want to explain what you're

~ doing to population bills?

PAGE 9

MR. HILL: There was some concern on the part of the

2 Article IX committee that there has been certain abuses in

3 the use of population bills to circumvent the provisions of

4 the general law, and the intention of the committee with

5 this language was to prohibit population bills as the General

6 Assembly shall define, and the bill that would define that is

7 included here.

8

It would allow -- it would still allow the use of

9 population in classifying political subdivisions above a

10 certain population or below a certain population or bills

~

11 ia== classifying on the bas~s of the Standard Metropolitan

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You see, there are a number of things that are

! 14 t; permitted. The use of population is permitted in a number of



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classifications

as

defined

in

this

law,

but

otherwise

it

would

16

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be

prohibited

so

that

there

would

be

no

more

bracketing

by

17 : population that would apply only to a particular city or

18 county of a population of 10,500 to 10,600 or something like

19 that.

20

SENATOR BALLARD: Mr. Chairman, I would like to know

21 what some of the abuses are that have taken place that we are

22 correcting with this. I don't like to see change

23

GOVERNOR BUSBEE; It would be where you have a

24 county that has a population of a certain figure and you say

25 that this bill shall apply to all counties having a population

PAGE 10

of at least 17,362 and not less than 17,010 according to the

2 last census, and that would be prohibited under here because

3 that does abuse the advertising which is provided for local

4 legislation.

5

Also according to the article comnittee as I under-

6 stand it you have to update on every census and go back, and

7 you have counties coming into that that don't know about it,

8 this bill could have been passed four censuses ago, and all

9 these bills have to be updated per census.

10

SENATOR BALLARD: Mr. Chairman, is it not true that

most of these or they should be drawn based upon the census

of 1970, 1980 or '90 as the case may be, and you don't have

that problem.

GOVERNOR BUSBEE: I think that if you're asking my

opinion, which you did, I think it would prohibit you drawing

local legislation using population figures and being

applicable to one county. You have to go through the normal

18 procedure of advertising like you do on other local

19 legislation.

20

This presents some real problems when you go back,

21 though, a bill was passed forty years ago and you've had four 22 censuses, and you don't know what counties have come within 23 that population because it says according to the census of 24 1950 or any future census, and it is a grave problem. It 25 doesn't just affect you when you draw your local legislation

PAGE 11

and make it by population bill, it affects everybody that

2 falls in that bracket in years to come.

3

Senator Gillis.

4

SENATOR GILLIS: In lieu of that, just name the

S county?

6

GOVERNOR BUSBEE: In lieu of that you're just going

7 to pass local legislation like you've always passed local

8 legislation, but you have to advertise it once a week for a

9 period of three weeks, a period of so many days immediately

10 preceding the introduction thereof.

It doesn't have anything to do with the local

legislation, you just continue with it, but we get a lot of

counties that get in trouble when you have a salary bill for

a clerk and forty years later you come in there.

REPRESENTATIVE LEE: We did that this year in

Richmond County.

GOVERNOR BUSBEE: Any further questions on it?

18

REPRESENTATIVE LEE: Move its adoption.

19

GOVERNOR BUSBEE: The motion is made it be adopted.

20

A VOICE: Seconded.

21

GOVERNOR BUSBEE: It's been seconded. Any further

22 discussion?

23

Is there objection?

24

SENATOR BALLARD: I object.

2S

GOVERNOR BUSBEE: There is objection. All in favor

PAGE 12

of it rise and stand until you're counted.

2

(A show of hands.)

3

GOVERNOR BUSBEE: Reverse yourselves.

4

(A show of hands.)

5

GOVERNOR BUSBEE: All right. The ayes in the House

6 are 17, the nays are zerOj in the Senate the ayes are 13,

7 the nays are one, and it's adopted.

8

MR. HILL: There were two other things left to be

9 considered in here. On Number V we're waiting for Mr.

10 Collins to return.

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SPEAKER MURPHY: He's here.

~;~ MR. HILL: The only reason I put the gratuities down was yesterday Repr'esentative Burruss suggested and it was

! 14 .I.-. approved that we add another sentence in the gratuities z<I(
15 ol) prohibition prohibiting public officers or employees from
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16 ~... receiving compensation after their service ended, but the
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17 ~ Article X committee had recommended that we would have to

18 exclude retirement funds from that provision, so I just wanted

19 the authority to add that exception.

20

GOVERNOR BUSBEE: Do you have your proposal?

21

MR. HILL: It's in the Article X proposal.

22

GOVERNOR BUSBEE: You just want to add that one

23 provision?

24

All right. The staff has recommended on that that

25 that provision be added. Is there a motion to that effect?

PAGE 13

A VOICE: So moved.

2

GOVERNOR BUSBEE: It's been moved that it be added.

3 Is there a second?

4

A VOICE: Seconded.

5

GOVERNOR BUSBEE: It's been moved and seconded.

6 Discussion.

7

A VOICE: Would you restate the motion?

8

GOVERNOR BUSBEE: HOW'S that?

9

A VOICE: Would you restate the motion?

10

GOVERNOR BUSBEE: Read it.

11 5"z
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MR. HARRIS: In the gratuities section that was

12 ~ adopted yesterday under the motion of Mr. Burruss some concern
@.~r~ developed that the language as it was drawn since it

! 14 Iii prohibited payment to an employee after employment was

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15 01) terminated, that it might adversely affect or stop retirement
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systems,

and

staff

is

simply

asking

the

authority

to

make

an

17 g exception with respect to that so as to preserve the

18 integrity of retirement systems and that they would not be

19 prohibited inadvertently by the way the gratuities section

20 was proposed yesterday.

21

That's all.

22

GOVERNOR BUSBEE: All right. Is there any further

23 discussion?

24

The motion is made and seconded. Is there objection?

25 Hearing none, it's unanimously adopted.

PAGE 14

All right. Now Subparagraph (b) on Paragraph XIII,

2 page 8.

3

Mr. Collins.

4

REPRESENTATIVE COLLINS: Mr. Chairman, I would like

5 to offer an amendment to this section where it would state a

6 local bill which is required by the constitution to have a

7 referendum election conducted before it shall become effective

8 shall be transferred immediately to the Governor's office

9 when ordered by the presiding officer of the House within

10 which the bill shall have originated.

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11 ~ ~

In other words, what we're trying to do is to get it

2

w

~;i moving, get it to you where if you're going to veto it, or whoever the Governor is is going to veto it, then the General

14 I

$ Assembly wou]d have a right to override your veto.

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15 ~ ~

GOVERNOR BUSBEE: The Speaker has a question.

~

16 ~
z~

SPEAKER MURPHY: Would you have any objection to

17 : putting in there also transmitted to the Governor when ordered

18 by the presiding officer or upon a two-thirds vote of the

19 members of the originating body?

20

REPRESENTATIVE COLLINS: That wouldn't bother me at

21 all, Mr. Speaker, but if you coudn't get the presiding officer

22 to do it, I think you would have a hard time getting two-thirds

23 vote.

24

SPEAKER MURPHY: It sure is putting a lot of monkey

25 on the presiding officer in both bodies.

PAGE IS

GOVERNOR BUSBEE: I think what he's proposing, Mr.

2 Collins, if I might, we were concerned -- Mr. Ballard was

3 concerned you might have the situation where you have now 4 done away with constitutional amendments, local constitutional 5 amendments in these categories where you have a referendum

6 required.

7

Now, if the Governor disliked the representative or

8 the senator from that district, then he would know about it

9 as a way to get around that, because it would immediately go

10 down to the Governor, he would have six days and you could

" 11

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j:

straighten

out

the

dispute.

e ; jo..II..<.. REPRESENTATIVE COLLINS: Mr. Chairman, I would have no objections to it being to where the presiding officer would

! 14 send it when he had a majority of the delegation affected by I:zii:
15 ~ it. It doesn't matter to me if he doesn't want the pressure,
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16 .~.. because I'm just looking for an easy way to try to get it to zQ
17 : where somebody would --

18

GOVERNOR BUSBEE: It makes no difference. All right.

19

Representative Pinkston.

20

REPRESENTATIVE PINKSTON: Mr. Chairman, I would like

21 for somebody to explain to me when you have a local bill

22 requiring a referendum attached, before that local bill is

23 passed it's got to have the two-thirds or whatever the

24 delegation decides is their rules to pass that local bill.

25 Then it is passed by the House with a constitutional majority.

PAGE 16

Now, what's the problem of just providing that it

2 shall be immediately transferred to the Governor, transmitted

3 to the Governor?

4

SPEAKER MURPHY: Because you would whatever that

5 word is, cover him up with them.

6

MR. HARRIS: How about inundate.

7

SPEAKER MURPHY: Whatever the word is. With the

8 tobacco in my mouth I can't say it.

9

REPRESENTATIVE PINKSTON: He's still got the six

10 days, hasn't he, on a local bill?

!l

11 cjr::

GOVERNOR BUSBEE: What they're talking about here is

2

III

~;j not the question of signing. If you have one where you want it signed it's routinely signed where you have some salary

$ 14 I increase for a local official or something; what they're

:z:

15

011
~

talking

about

now

is

where

you

have

one

of

these

bills

that

~

16

~
III

you

now have

in

place

of

a

local

constitutional

amendment

Q

%

17 ~ you need some way that that that author, if the Governor

18 dislikes him, he can just say "Okay, send it on down, baby,

19 if he vetoes it I'll just let it be overruled, let the veto

20 be overruled." They're looking for an escape.

21

REPRESENTATIVE PINKSTON: I know it's not going to

22 happen in this particular case with this Governor and this

23 Speaker and so forth, but what if he doesn't like that

24 particular author and that delegation that's passed that bill,

25 and the people in his area are going to vote in a referendum

PAGE 17

and then the Governor comes up and he puts some pressure on

2 the Lieutenant Governor or the Speaker or somebody and says

3 "Don't order that bill to come down to me."

4

SPEAKER MURPHY: What I'm trying to eliminate, Mr.

5 Pinkston, is I don't want the membership to routinely start

6 coming to me when they pass a local bill with a referendum,

7 they say "Send this to the Governor," and we just have to

8 cover him up with every bill we've got.

9

I don't mind taking the blame, I do it quite

10 frequently, but I

"z

11 j:
..o~....

REPRESENTATIVE PINKSTON: I don't want it to be on

@;i you either to have to even fool with that local legislation that requires

! 14 ...

SPEAKER MURPHY: You could run into the situation

':"z:

" 15 ~ also, Mr. Pinkston, where ~ :::l

well, you wouldn't have that in

16 ~... the House, but you could run into the situation in the Senate

Q

Z

17 : where the Lieutenant Governor and the Governor didn't like the

18 Senator, and you couldn't get it out, and this would just give

19 you a way to get it down there.

20

REPRESENTATIVE PINKSTON: It seems to me that once

21 a local bill is passed by the majority or two-thirds of that 22 delegation and it calls for a referendum, then it ought not to 23 be left to any other procedures to get it down to the Governor.

24

GOVERNOR BUSBEE: I understand your reasoning on

25 that. The concern, though

and I'll let Mr. Collins

PAGE 18

address it, but the concern of a lot of people is that you can

2 pass -- I know the City of Atlanta would never do this, but

3 say they passed some tax that would be paid by all the people

4 coming into Atlanta, the local delegation agreed to it.

5

All right. Now, say the Governor vetoed that,

6 they sent it on down and the Governor vetoed it. That affects

7 people

you've got local legislation that affects people

8 out in the state.

9

Now, you've got to have some escape is what they're

10 talking about, and the escape would be that if it's where you

have got a Governor that vetoes it because of personality,

the representative can come back to his own body and override

this veto, but you've got some legislation that even gives

eminent domain powers to a county within another county on a

development authority, and it affects these counties, and

that's the reason that you just can't leave it up to the

referendum.

18

REPRESENTATIVE PINKSTON: Once it's passed by this

19 body, this House of Representatives and this Senate, it seems

20 like to me that it ought to be allowed to be voted on by the

21 people, number one, and number two --

22

SPEAKER MURPHY: Frank, let me give you an example.

23 Let me give you an example that might make it a little more

plain. 25

Suppose Houston County adjoins you, they've got a

PAGE 19

development authority, and they've got it right on your county

2 line, and they start condemning land, passing local legisla-

3 tion and condemning land in your county to put in their

4 industrial authority, it takes it off your tax digest and

5 they get the revenue out of it. You would certainly want

6 some way to keep that from going into law, because they're

7 going to vote for it in their county, you know that.

8

GOVERNOR BUSBEE: That's the purpose of it.

9

SPEAKER MURPHY: What I'm trying to do is avoid any

10 one man, whether he be me or the Lieutenant Governor or our

zC)

11

j:
...o...:..

successors

having

the

sole

authority

to get your bill

down

~ 12 ~ there. I think you ought to have some other way to get it

~r~! down there if I decide that I just ain't gonna do it for you, 14 you ought to have some way to get it down there. It ain't

I:zi;:

15 .:l right to put you at the mercy of the presiding officer.

C)
..:

;:)

16 .~..

GOVERNOR BUSBEE: Let me make a suggestion if I

goz
17 might.

18

Mr. Collins, I heard you all discussing this

19 yesterday. What about if the first signator of the bill

20 that would be the prime author -- requested the Speaker or

21 the Lieutenant Governor shall send it down?

22

REPRESENTATIVE COLLINS: Governor, we did discuss

23 that yesterday, but occasionally you know a person will sign

24 ahead of another person and it wasn't the original author of

25 the bill.

PAGE 20

It suits me fine if it was just the majority of the

2 delegation that the bill affected had the right to request it

3 to come.

4

In other words, it doesn't matter to me whether it's

5 the presiding officer. It would suit me if each house could

6 set up a rule that it would be sent down.

7

GOVERNOR BUSBEE: The Speaker was just saying if

8 two-thirds of the vote of the house where it originated wants

9 to send it down, send it down. That would suit me.

10

SPEAKER MURPHY: I'm saying the presiding officer

or by two-thirds of the body. If the presiding officer

refused to comply with the request, I think they ought to have

a way to get it down there.

REPRESENTATIVE LEE: All right. I move we amend it

like that and go ahead.

GOVERNOR BUSBEE: Senator Kidd.

SENATOR KIDD: We're still not being given what we

18 were told that we would receive back a month ago when we were

19 talking about doing away with local constitutional amendments.

20

Now, this should be amended that any local legisla-

21 tion judged as such as local bills that carries a referendum

22 will be -- cannot be subject or subjected to the veto by the

23 Governor. This is what we were told --

24

GOVERNOR BUSBEE: I know what you're driving at I

25 think, Senator.

PAGE 21

SENATOR KIDD: We were told this when we voted on

2 the other, and if we're going to carry it through -- well, you

3 even mentioned it a few minutes ago.

4

In other words, if a local delegation would say it

5 didn't support the Governor, then they could be made to look

6 rather small if the Governor vetoed local legislation that

7 they had passed because of a punitive feeling between the two

8 groups.

9

GOVERNOR BUSBEE: That's the reason they want it to

10 come back to the house, because routinely, Senator, the

"z

11

i=
Ill:

legislature

doesn't know what's

in

these

local bills,

but

if

.~..
the Governor vetoed it -- you sent it down and he vetoed it,
g;;1 it comes back to your body, they would look at it at that
~ 14!t; time and they could overrule the Governor.

:I:

15 olI

SENATOR KIDD: The legislature doesn't have to know

"Ill:
::>

16 .~.. because it's a local group that's answerable to their people,

=az
17 and if the people don't like it they can vote against it and

18 it will not pass, and when they come up before the people

19 again they'll vote them out of office.

20

GOVERNOR BUSBEE: Now, there was a question

21 presented by some of the people that were promoting pari

22 mutuel betting and it came into my office that you would be

23 familiar with as to whether or not pari mutuel betting is a

24 lottery.

25

Assume for the argument that pari mutuel betting is

"'"-'

PAGE 22

not a lottery. Then under what you propose you could have,

2 Fulton County could have pari mutuel betting placed in local

3 legislation with a referendum annexed, be voted on in Fulton 4 County, and you would have pari mutuel betting here, and you

5 know that's true.

6

SENATOR KIDD: I don't necessarily know that's true,

7 and I don't know just what you're referring to, but if this

8 seems to be worrying you and some of the others so much, why 9 not spell it out, not just leave it lottery, spell out pari 10 mutuel betting in the constitution but, by gosh, to turn
around put the local people on the spot like you're doing with this I think is unfair and is not what we were told you were

going to do.

GOVERNOR BUSBEE: Senator Ballard.

SENATOR BALLARD: Since we have started this, I have

not seen one place in the whole constitution that you

strenghtened the legislative branch of government; it has been

18 weakened in everything that I have seen corne through.

19

This one right here is one more attempt at this.

20 Everything that you have mentioned about Fulton County, the

21 lotteries, everything else, they have all presented themselves

22 and could have been done previously, but the officers of the

23 House and the Senate have put them in general committees and

24 made general bills out of them. You're not talking about a

25 new thing coming up, we have had these for 25 years I know

PAGE 23

of and they have been handled, they've not been let in.

2

You mention about Fulton County or Atlanta putting

3 in a bill that would come up and let them tax the people

4 outside the county. They have tried to put these bills in

5 for years, and they have never got them because they were made

6 general bills and put in.

7

I think that:the House and the Senate are mature

8 enough in 1981 or 3 or 5 with their presiding officers to make

9 a decision thems1eves. We elect our presiding officers, they

10 are capable of making those decisions and assinging them to

" 11

z
j:

the

Ways

and Means Committee

if

it's a

tax or

the

Banking

e;1.'o.."... Committee in the House. They can be taken care of, and if they go through in that manner with the two houses I see no

14 ~ reason on earth that the people affected should not vote on

!;; -c

%

15 ~ them.

"'";;;)
16 .~..

I think we are mature enough to tend to our own

Q

17 g-Zc business without sending it down to the Governor, one man,

18 why we -- we are two hundred and some people, why we should

19 have to send down something that thousands are going to vote

20 on to make a determination il"). this manner. I just cannot

21 understand why we cannot tend to our own business.

22

GOVERNOR BUSBEE: If you don't affect anybody else,

23 Don, I would agree with you have things that affect the digest

24 of all the state and not just the county, and they're going

25 to vote for it.

PAGE 24

I'm not going to name the counties, but you have

2 some that could just simply do away with ad valorem taxes

3 and just put it on the utility company, and they've done that

4 to some extent, and the people outside of that county are

5 affected and there's no recourse on it.

6

Senator Barnes.

7

SENATOR BARNES: Well, one of the problems that we

8 have had in the last few years in the General Assembly is that

9 the horne rule powers that we have granted to cities and

10 counties have not been fully utilized by county commissioners

9;;"z

11

;:
a..o..=..

and

by city governments,

and most

of

these

things

have

referendums on them or whatever, and can be handled by the

county commissioners or by a municipality under horne rule,

! 14 I- and they run to the General Assembly because they don't want

'"

:l:

" 15 011 to take the heat from doing it. a= ;:)

16 .~.. zQ

I think that this business about saying that there

17 : are special types of legislation, that is that connected with

18
a referendum should not go through the full legislative

19 process is short-sighted on all of us.

20

GOVERNOR BUSBEE: All right. Any further discussion?

21

All right. Now, with the amendment that they had

22 about --

23

A VOICE: I haven't got a copy of it.

24

GOVERNOR BUSBEE: The amendment was that not only

25 could the Speaker send it down or the Lieutenant Governor

PAGE 25

when requested, but the body itself could send it down.

2 The Speaker made the amendment.

3

Is there objection to the adoption of the amendment

4 to allow the alternative process of sending it down?

5

Hearing none, :it's adopted.

6

Now, the question is on the adoption of the main

7 motion.

8

All th~se in favor rise and stand until you're

9 counted.

10
"z
11 j:
..'o.."..
@;I

(A show of hands.) REPRESENTATIVE LEE: ~lliat are we voting on? GOVERNOR BUSBEE: The main motion. Reverse your positions.

..14 ~I '"

(A show of hands.)

:I:

15 .:I

GOVERNOR BUSBEE: All right. In the House the ayes

~

::l

16 ~... are 21, the nays are one; in the Senate the ayes are 13, the

zQ

17 : nays are five, and it's adopted'.

18

SPEAKER I~RPHY: Let me say something here.

19

What I will do as long as I'm presiding officer of

20 our body, under this set of circumstances in the future I

21 suppose I'll have to hire somebody to read every local bill

22 and tell me whether or not it affects another county.

23

If I find out that a local bill introduced by this

24 delegation affects another county, I will immediately rule

25 it's general legislation myself. I will do that myself.

PAGE 26

I can't guarantee what my successor will do, but if 2 I introduce a bill that affects Carroll County without them

3 having some say, I'll introduce it as a general bill and

4 let the whole House see it.

5

But I think when we get into it in the House we're

6 going to make a list of these that will be required as general

7 bills, and any other local bill that affects only the local

8 delegation we will send it to the Governor immediately to

9 give you an opportunity.

10

As long as I'm here I'll take care of the situation.

I understand what your problem is, but I also understand I

had a problem in my district that I introduced a bill that

affected Carroll County, and I really did not know it affected

Carroll County at the time I did it because I didn't know that

my city had extended their city limits over into Carroll

County by those pJition things, one hundred percent and all I
that sort of stuff, and I reckon we're just going to have to

18 start reading every local bill and see how it does it, but I

19 understand your concern, Senator, very well I do.

20

But I think the safeguard that we can overrule any

21 veto of the Governor that affects only your county, I think we

22 can do that and do it in a hurry.

23

SENATOR BALLARD: Let me ask you one question if I

24 can.

25

How are we going to know that the Governor is going

PAGE 27

to veto a local bill until after the session?

2

SPEAKER MURPHY: We'll send it right down to him

3 immediately.

4

SENATOR BALLARD: But otherwise under what we've got

5 we're going to be sending every local bill down there to make

6 durn sure that it's passed. That's the problem.

7

GOVERNOR BUSBEE: It ain't no problem for you to do

8 that, Senator. I hope you don't do that to the Governor.

9 I don't think most people think he's going to be vetoing all

10 these local bills.

"z
11 i=
....o....

You know when one is going to be scrutinized, but

you've got that right now to send it on down there.

e ; ; SENATOR BALLARD: Let me say one other thing. A lot

14

~
l:;z;:

of

these

people

have

never

served

when

a

Governor

would

do

.." 15 0:1 things like that, they will lay it upon you, and I'll guarantee ::>

16 ~... you you can't even get in the front door much less get a bill

Q

Z

17 ~ signed or anything and, man, they just don't know, and we

18 don't know who's going to be the next Governor or the Governor

19 after that.

20

GOVERNOR BUSBEE: Just go on and send your bills

21 down there, you have a right to do that under this. Just go

22 on and send it down automatically. He'll sign it during the

23 session.

24

Senator Gillis.

25

SENATOR GILLIS: Governor, under this proposal if a

PAGE 28

representative got a local bill and he sends it down to you

2 and you veto it, it comes back up to the House and they get a

3 two-thirds vote, then it's got to corne over to the Senate

4 and get a two-thirds vote too, hasn't it?

5

GOVERNOR BUSBEE: That's right.

6

SENATOR GILLIS: Both houses.

7

GOVERNOR BUSBEE: Let me explain this, though. The

8 Governor can already veto these local legislations; you're

9 only talking about maybe one out of a hundred bills that

10 you're even talking about. He already has this right; this

zCI

11

i=
2'."..

gives

you

an

additional

right.

This gives you the right to

send those bills down that you don't have a right to send down

QJ;j there now.

~ 14!~

SENATOR GILLIS: You haven't had the right to veto

%

15 01) a constitutional amendment.

CI

'j"

16 .~..

GOVERNOR BUSBEE: That's what I say, but you have a

Qz

a 17 right to send those down, and that's only going to be one out

18 of a hundred that you're talking about.

19

At the present time if you have local legislation

20 you don't have any means to send it on down and have it vetoed

21 and you have a right to override it, so you're really gaining

22 ground, you're not losing on that.

23

SENATOR BALLARD: Governor, could I ask one question?

24

GOVERNOR BUSBEE: All right. Senator Ballard.

25

SENATOR BALLARD: This might answer what we're

PAGE 29

talking about.

2

We're talking about seven categories -- am I right

3 these that used to be local constitutional amendments. We

4 have reduced it to three?

5

MR. HARRIS: Some of them such as the J.P. juris-

6 diction which was one of the large number of amendments is

7 taken care of in the judicial article because it's going to

8 require, assuming you adopt it, uniform jurisdiction, so that's

9 going to be out the window anyhow.

10

GOVERNOR BUSBEE: Don, let me interrupt you just a

I:J

Z

11

j:
ot.I..:

minute.

w

~ 12 ~

SENATOR BALLARD: Instead of getting into all general

~F~ bills that's got referendums, why don't we just tie it down
! 14 l- to these bills that did require a local constitutional amend-

v:z>:

15 ment, that those bills automatically go down, and that would

I:J

tI:

::>

16

~
w

take

the

pressure

off

of

the

Speaker

and

them.

Q

Z

-<

17 :

I'm just speaking of that one out of a thousand that

18 you're talking about.

19

GOVERNOR BUSBEE: I still don't think you saw what

20 I'm talking about.

21

All your local legislation now, which will be a

22 thousand bills or eight hundred bills that you have now, there's

23 no way if the Governor is going to veto it you have an 24 opportunity under the present constitution to have it over-

25 riden. He'll just do it.

PAGE 30

Under this you have a method now that you can send

2 any bill you want, a local bill or any bill down there, and

3 come back to the legislature and override him, so you're

4 really gaining to a very large extent on that.

5

All right. Is there any further discussion on what

6 we have already considered?

7

MR. HARRIS: Open meetings?

8

GOVERNOR BUSBEE: All right. On the open meetings

9 amendment. I don't have a copy of it.

10

Does everyone have a copy of the latest amendment on

\!l

Z

11

i=
.o.Il..l..:

open

meetings?

@);~j

VOICES:

No, sir.

(Pause. )

! 14 t;;

GOVERNOR BUSBEE: Does everyone now have a copy?

:<z:l

15 ol) If you do not have a copy of the open meetings amendment,

~

;;;)

16 .~.. raise your hand

Qz

17 ~

All right. Otherwise, do I hear a motion on the

18 amendment?

19

A VOICE: Hold it. ~~at is it?

20

GOVERNOR BUSBEE: All right. Senator Stumbaugh

21 moved for the adoption of his amendment on open meetings which

22 you have just had handed out. This provides for meetings to 23 be open except in two situations, hiring and firing and on 24 your attorney-client relationship. You're supposed to have

25 that before you at this time.

PAGE 31

All right. Representative Johnson.

2

REPRESENTATIVE JOHNSON: I want to make a substitute

3 motion, Mr. Chairman.

4

GOVERNOR BUSBEE: Wait just a minute. Do we have a

5 second on his motion?

6

REPRESENTATIVE GALER: Seconded.

7

GOVERNOR BUSBEE: All right, it's seconded. Now the

8 substitute motion.

9

REPRESENTATIVE JOHNSON: Mr. Chairman, I move that

10 Article III, Section IV, Paragraph V, be struck in its

11

"z

j:
..1o>..=..

entirety,

that

it

is

not

in

the

present constitution;

the

@;I Select Committee voted to delete it, the House of Representatives voted to delete it, the Senate Judiciary Committee voted

14

~
Ii;

to

delete

it,

and

it

can be

provided

for

by

statute.



:I:

15 ~
CI

I realize that the argument is that it can be

1>=

;;;)

16 ~... changed by the General Assembly, but it still requires 91

Q

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17 : votes ~n the House and 29 votes in the Senate to change it,

18 and I thought the purpose of adopting the new constitution

19 was to get rid of some of this verbiage out of it, and here we

20 are putting some more in. I so move.

21

A VOICE: Seconded.

22

GOVERNOR BUSBEE: The motion is made and seconded.

23 24 motion?

All right.

Is there discussion on the substitute

25

All right. Senator Stumbaugh.

PAGE 32

SENATOR STUMBAUGH: Mr. Chairman, my understanding

2 of the ruling in 1975 in the case of Coggins v. Davie was

3 that one General Assembly cannot bind upon a future General

4 Assembly a rule or a law in conducting its business.

5

That being the case, then there's only two ways to

6 guarantee to the public that our business will be conducted

7 in the open.

8

One is through a rule that the House and the Senate

9 might make, and of course that would have to be remade every

10 two years for a new House and a new Senate, and even in the

11 "z~ middle of a session could be changed if our whim wanted us to
o......
@);I close the doors on a matter that we thought was particularly sticky and didn't want the pUblic to be involved with. I

! 14 ... don't think we ought to be able to change it on a whim .

':~a"::

15 01)

The only other way of guaranteeing open meetings is

~

;)

16 ~... through a constitutional provision like this, and I think the

Q

Z

~

17 :; people of the State of Georgia want our meetings to be open,

18 they want that guarantee, and don't want it easily changed.

19

GOVERNOR BUSBEE: Further discussion?

20

Senator Howard.

21

SENATOR HOWARD: Mr. Chairman, it's hard when you

22 address something like this not to sound pious, but I cannot

23 think of many rights that are more fundamental than the right

24 of the public to know what's going on with the public business.

25

Why in the world is anything wrong with putting

PAGE 33

it into the basic legal document of the state that the public

2 meetings of the state should be open to public scrutiny, I

3 cannot understand, and I think we make a mistake when we do

4 not include it.

5

To use the argument that it is mere verbiage I think

6 misses the point of the importance of assuring to the public

7 that they know what's going on when we get up here to spend

8 their money, so I would support the motion by the Senator from

9 the 55th.

10

GOVERNOR BUSBEE: Representative Johnson.

REPRESENTATIVE JOHNSON: Mr. Chairman, I'm not trying

to keep the public from knowing what's going on; I just think

it ought to be as provided by law. As is well known among

the members of the House, I'm one of those folks that thinks

the constitution ought to be in a little frame hanging up on

the wall instead of putting all this stuff in there.

It's not in there; the only peope who have

18 recommended putting it in the constitution is the article

19 committee. Everybody else has voted to delete it, and I see

20 no reason to put it in the state constitution when the General

21 Assembly of Georgia requires 91 votes to pass it, it takes 91

22 votes in the House to change it and 29 votes in the Senate to

23 change it, and it just has no business in the state

24 constitution.

25

GOVERNOR BUSBEE: All right. Further discussion?

PAGE 34

Are you ready to vote?

2

SPEAKER MURPHY: Yes, sir. It certainly has no

3 business in the constitution requiring the General Assembly,

4 the only agency of state government to have open meetings.

5

If we're going to put it another article and provide

6 that there be open meetings for every agency in the state

7 government as provided by law, that's another thing, but this

8 is ridiculous just to single out the General Assembly alone

9 as the Senator has done.

10

GOVERNOR BUSBEE: All right. Senator Stumbaugh, and

11 ;"z: then I'll recognize Senator Gillis.
e;i.'o.".... SENATOR STUMBAUGH: Mr. Chairman, I certainly respect the Speaker's experience and his opinion, but we already have

! 14 ... a law for every other agency and board in state government; ':"z: 15 01) it has been passed, it has been challenged, it's gone to the
~
;;)
16 .~.. Supreme Court, and it has been upheld, and so they must already
Qz
17 = have open meetings.

18

The General Assembly is the only body that the

19 Supreme Court says does not have to have open meetings for the

20 public. This is the only guarantee I know of that they will

21 be open, and all you have to do to recognize the need is to

22 look at the past history of the General Assembly and note how

23 many times the public and the press have been turned away,

24 and you can't turn them away if we have a clause like this

25 in the constitution.

PAGE 35

GOVERNOR BUSBEE: Senator Gillis.

2

SENATOR GILLIS: I move the question.

3

SENATOR BARNES: I've got an amendment.

4

GOVERNOR BUSBEE: will you defer for an amendment,

5 Senator? Can I defer your motion for an amendment?

6

SENATOR GILLIS: Yes, sir.

7

SENATOR BARNES: Mr. Chairman, I propose and move

8 that we amend the substitute motion of Senator Stumbaugh by

9 adding after "public" "as provided by law," and striking the

10 balance of the section.

"z

11 i=
...Io..I.:.

That would put a statement in the constitution that

@;I there ought to be open meetings of the General Assembly, but the General Assembly could provide the procedures and

! 14 l- exceptions by law, and it would not be self-executing.

Ilt
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15 .:I

GOVERNOR BUSBEE: All right. Let's see what the

"II:
;:)

16 .~.. procedure would be .

D

Z

17 ~

All right. You are moving there's been a

18 substitute offered, but you're moving to amend the substitu~e.

19

SENATOR BARNES: The substitute over here strikes

20 the whole thing. He would come first, then we would go back

21 to Senator Stumbaugh's.

22

GOVERNOR BUSBEE: The procedure would be that we

23 had the motion that was made, we have had a substitute motion 24 which we'll have to first vote on, so yours would not be in

25 order unless this motion be defeated, then I would recognize

PAGE 36

you.

2

All right. Is there objection to ordering the

3 previous question on the motion, the substitute motion of

4 Representative Johnson?

5

SENATOR BELL: Parliamentary inquiry.

6

If you want to be able to vote on the language

7 Senator Barnes has, then you have to vote against the motion

8 that is up now?

9

GOVERNOR BUSBEE: That's correct.

10

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11

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Ol:

motion.

.2..

@);i counted.

! 14 t; ~:r
15 Q
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16 ~... Q Z ~
17 :

All right. The motion is on Representative Johnson's
All those in favor rise and stand until you're
(A show of hands.) GOVERNOR BUSBEE: All opposed? (A show of hands.) GOVERNOR BUSBEE: On the motion of Representative

18 Johnson in the House the ayes are 20, the nays are one;

19 in the Senate the ayes are eleven, the nays are nine. The

20 motion is passed and that will be the end of the consideration.

21

MR. HARRIS: Mr. Chairman.

22

GOVERNOR BUSBEE: Mr. Harris.

23

MR. HARRIS: Mr. Chairman, I would like to ask the

24 committee to reconsider an action that it took yesterday in

25 the section on impeachments when it eliminated from the

PAGE 37

panel of the Senate when arriving at an impeachment judgment 2 the authority to deprive the person impeached of a pension,

3 and I want to tell you why.

4

Mr. Snow and Mr. Buck I'm sure well remember the

5 only article of impeachment that I'm aware of that has been

6 determined to be voted, and Mr. Daugherty remembers it too

7 I'm sure in 1968 that resulted in the resignation of the

8 person against whom articles of impeachment were proposed, and

9 by the resignation in all likelihood saved the state a million

10 and a half or two million dollars to go through an impeachment

trial, and I think one of the main factors that triggered the

resignation as against having a trial was the possibility of

losing a pension in the event impeachment was successful.

Secondly it occurs to me that impeachment is not

likely to occur excecpt in those circumstances where there is

a tremendous wrongdoing on the part of a state official, and

it seems to me that the public including me would resent a

18 person being impeached for having embezzled thousands of

19 dollars from the state and yet draw a pension.

20

So I would like for you to please, if you would,

21 reconsider and put back in the opportunity on the part of the

22 Senate as a part of its punishment if it so chose to deprive

23 the person convicted of a pension.

24

A VOICE: I so move.

25

GOVERNOR BUSBEE: The motion has been made.

PAGE 38

A VOICE: Seconded.

2

GOVERNOR BUSBEE: The motion is seconded. Is there

3 discussion?

4

Hearing none, is there objection? I hear none, it's

5 unanimously adopted.

6

A VOICE: We haven't adopted, we reconsidered.

7

MR. HARRIS: We reconsidered. Now we've got to put

8 it back in. We unanimously agreed to reconsider, now there 9 would be a motion to put it back in.

10

A VOICE: So moved.

1:1

11

Z j:

.o.'."...

GOVERNOR BUSBEE: It's moved now.

~;; reconsidered. It's moved to be adopted. Is there a sedond?

You have already

! 14 ...

A VOICE: Seconded

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15 011
1:1

GOVERNOR BUSBEE: Is there discussion? The Chair

'";;)

16 .~.. hears none .

Q

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17 ::

Is there objection? Hearing none, it's unanimously

18 adopted.

19

Now we begin on IV and V. We're going to hand out

20 Articles IV and V. Hand them out.

21

(Pause. )

22

MR. HARRIS: IV is already handed out, Governor.

23

GOVERNOR BUSBEE: I don't have one.

24

A VOICE: I don't have one.

25

(Pause. )

PAGE 39

GOVERNOR BUSBEE: Does everyone have a copy of IV

2 that's just been handed out?

3

I would like to take this opportunity to commend

4 staff the way they gave you this index on the front of it

5 because you certainly can follow everything in there; it has

6 the circles around the page numbers where everything is

7 contained.

8

REPRESENTATIVE LEE: They gave us that yesterday.

9 You didn't notice it. On III they gave us the same index.

10

GOVERNOR BUSBEE: Okay. I might state before we

start considering Article IV that we have the Chairman,

Sidney Smith; we also have a subcommittee chairman Billy

Stern present to answer any questions you might have concerning

their recommendations.

Are you ready to proceed now with Article IV?

All right. Proceed to Article IV, Section I,

Paragraph I.

18

MR. HARRIS: Mr. Chairman, it seems to me at the

19 outset that there are certain decisions that could be made

20 that might shorten the proceedings.

21

The article committee looked at boards and

22 commissions, and it started at ground zero and said there are

23 no constitutional boards and commissions, now let's see which

24 ones ought to be in the constitution, and they made certain

25 determinations.

PAGE 40

They determined correctly that the Public Service

2 Commission was one that ought to be a constitutional body;

3 they determined that the state Board of Pardons and Paroles

4 was a board that ought to be constitutional; the state

5 Personnel Board ought to be constitutional for the protection

6 of the employees of the state; they determined that the State 7 Transportation Board ought to be in the constitution; and they

8 also determined that the Veterans Service Board would be 9 retained as a part of the constitution due to the persuasive-

10 ness of the Representative Wood.

They omitted -- they determined that in the committee's

judgment neither the Board of Offender Rehabilitation, the

Department of Industry and Trade or the Board of Natural

Resources was of sufficient -- they're important, but they

were not sufficiently important to be constitutional boards.

A VOICE: Unnecessary?

MR. HARRIS: Unnecessary from a constitutional

18 standpoint, but statutory boards as many other boards and

19 commissions are, and authorities, the Stone Mountain Authority,

20 the Jeckyll Island Authority and such like that, and subject

21 to change where change is needed by the General Assembly

22 through statute.

23

Now, considerable pressures have been brought forward

24 on several to reinclude all those three boards back in the

25 constitution, and no doubt in my mind that at least in one or

PAGE 41

two areas these proposals will be submitted during this

2 process to reinclude them.

3

So it seems to me that in going through this the

4 five boards that are here, if we could go through these five 5 that are recommended and then consider any amendments that

6 there might be to recreate constitutionally after that the

7 boards and commissions that have been omitted it might

8 expedite things.

9

Secondly, Mr. Chairman, it's proposed by the article

10 committee that members of the Public Service Commission be

appointed, and it would seem to me that perhaps everyone on

the Overview Committee has already determined how they feel

with respect to the appointment or election of Public

Service Commissioners, and you could start off with an up or

down vote on whether you want them appointed or elected,

and then eliminate an hour of histrionics.

GOVERNOR BUSBEE: Senator Howard.

18

SENATOR HOWARD: Mr. Chairman, are you ready for a

19 motion on that?

20

GOVERNOR BUSBEE: All right. Do you want to proceed?

21

MR. HARRIS: I simply suggested that a vote be taken

22 at the outset on whether or not the members of the Public

23 Service Commission be elected or appointed, and then depending

24 on the outcome of that vote you can get into the details.

25

GOVERNOR BUSBEE: All right. We have under

PAGE 42

consideration Paragraph I, Public Service Commission.

2

I would entertain a motion. I believe I recognized

3 Senator Howard.

4

SENATOR HOWARD: I move that this joint body declare

5 that the members of the Public Service Commission should be

6 elected.

7

GOVERNOR BUSBEE: The motion has been made.

8

A VOICE: Seconded.

9

GOVERNOR BUSBEE: A second has been made.

10

All right. Is there discussion?

III

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11

All right. Is there discussion? All right.

@J;I2... Hearing none, is there objection to a motion to elect the Public Service Commission?

g 14!...

A VOICE: Object

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15 olI

GOVERNOR BUSBEE: There is objection.

III

Ill:

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16 .~..

All right. All in favor of the election of the Publi~

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17 : S~rvice Commission rise and stand until you're counted.

18

(A show of hands.)

19

GOVERNOR BUSBEE: Reverse your positions.

20

(A show of hands.)

21

GOVERNOR BUSBEE: The ayes in the House are 18, the

22 nays are two; in the Senate the ayes are 19, the nays are zero.

23 The motion is adopted.

24

All right.

25

MR. HARRIS: Mr. Chairman.

PAGE 43

GOVERNOR BUSBEE: All right. Mr. Harris.

2

MR. HARRIS: I would suggest at this point that you

3 might turn in your package to penciled page 24, and this would

4 give you -- half way down the page the Select Committee S changed the article committee's recommendation to provide for 6 the election of Public Service Commission members, and perhaps 7 you might want to consider this as a starting point for the 8 discussion with respect to the number of years or whatever 9 else it is that the members want to discuss, but it would give 10 you some language to work from.

GOVERNOR BUSBEE: All right. Is there a motion?

SENATOR BARNES: I move we approve the Select

Committee version.

GOVERNOR BUSBEE: The motion is the Select Committee

version on page 24 be approved. Is there a second?

A VOICE: Seconded.

GOVERNOR BUSBEE: The motion is seconded. Is there

18 discussion?

19

REPRESENTATIVE LEE: Wait a minute.

20

REPRESENTATIVE COLEMAN: Wait a minute.

21

GOVERNOR BUSBEE: As long as you like.

22

MR. HARRIS: We need to change the '81 to '83, of

23 course.

24

SENATOR BALLARD: Mr. Chairman.

2S

GOVERNOR BUSBEE: If you don't mind, I've had

PAGE 44

requests for suspension for two minutes where they can

2 deliberate a moment.

3

(Pause. )

4

GOVERNOR BUSBEE: The motion has been made and

5 seconded that the Select Committee version found on page 24,

6 the Public Service Commission, Paragraph I, be adopted.

7 Discussion.

8

I believe it's Representative Burruss, then

9 Representative Coleman.

10

REPRESENTATIVE BURRUSS: Mr. Chairman, I move that

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11

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...~ o
Do

we

strike

the

words

"six years"

and

substitute

four

years,

~;I and also amend the 1981 date to read JUly 1, 1983. MR. HARRIS: June 30, '83, please, Mr. Burruss.

14 ~

REPRESENTATIVE BURRUSS: June 30, '83.

l;;

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15 011

GOVERNOR BUSBEE: All right. The motion that was

"~
::::I
16 ~... made was that the six be changed to four.
az

That would be by

i 17 way of an amendment.

18

Was there a second to that?

19

A VOICE: Seconded.

20

GOVERNOR BUSBEE: Mr. Speaker.

21

SPEAKER MURPHY: Let me speak to that.

22

Mr. Chairman, normally in 99.9 percent of the

23 elected positions in Georgia I would support this motion,

24 but I cannot support this motion, and I respectfully request

25 that you consider these reasons.

PAGE 45

The Public Service Commission in Georgia has awesome

2 responsibilities that affect every citizen of Georgia's life,

3 not only day by day but hour by hour and minute by minute.

4 We have seen examples in the past few years of some of those

5 Commissioners running all the time.

6

I personally, if I felt like the people would agree

7 to it, would much prefer to see them appointed to insulate them

8 from politics any way in the world, but I know and you know

9 and everybody under the sound of my voice knows that the

10 people are not going to give up the right to elect the Public

Service Commissioners or any other elected official.

We do in my honest and sincere opinion need to try

to keep these people as insulated from politics as they can,

as we can, and if you have them running every four years you

will have them dIDing their duties one and a half years and

running two and a half years is what you'll have.

As I said at the outset, normally I would say four

18 years would be ample, but I sincerely and honestly believe

19 that it would be a tragic mistake to get these people's terms

20 any shorter.

21

I have another reason that I would be glad to give

22 you privately, that will not give pUblicly why I would hate to

23 see it reduced from six to four years, but I think most all

24 of you know what that reason is because you've heard me

25 mention it privately to you.

PAGE 46

I think this is the only way we can do anything

2 that will try to insulate these people from politics a little

3 while to see that the people get the proper service that they

4 should get on the utility rates.

5

I ask you to sincerely consider leaving it at six

6 years.

7

GOVERNOR BUSBEE: Representative Burruss.

8

REPRESENTATIVE BURRUSS: Mr. Chairman, it's not

9 often that I disagree with the gentleman from the 18th, but

10 I strongly disagree on this point for the reasons that he has
" 11 5z given in favor of keeping the term six years.
..o....
@;i I agree with him that this Commission affects the lives of the people of Georgia as much as any board that we
14 .~.. have. I don't think you can take the politics out of the
'-"c
%
15 ol) Public Service Commission any more than you can take them out
"ar:
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16 ~... of this body or out of the church, and I have talked with
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17 ~ the people in my county, and they are very upset about the

18 fact that they do not get a chance to vote on the Public

19 Service Commissioners except every six years.

20

I too would support a move to appoint if it were

21 politically possible to do it, but since they must be elected

22 I feel that four-year terms are more realistic. If you get a

n bad person, you can get rid of him.

24

To solve the other problem that the Speaker mentioned

25 we could prohibit members of all of these boards from running

PAGE 47

for public office while they're serving, they would have to

2 resign. We could kill that b~rd that way.

3

But I feel very strongly that all boards that affect

4 the lives of the people as much as this one does should not be

5 for more than a four-year term.

6

GOVERNOR BUSBEE: Is there further discussion on

7 the motion of Representative Burruss to reduce them from six

8 to four years?

9

If not, all those in favor of reducing the term from

10 six to four years rise and stand until you're counted.

(A show of hands.)

GOVERNOR BUSBEE: Reverse your position.

(A show of hands.)

GOVERNOR BUSBEE: All right. In the House the ayes

are eight, the nays are lli in the Senate the ayes are 17,

the nays are five. I think under the rules then this would

have to go to a conference committee.

18

All right. Now we go to Paragraph II. Is that

19 correct?

20

/MR. HARRIS: Paragraph II relates to the State Board

21 of Pardons and Paroles.

22

There were some significant recommendations made by

23 the article committee. First, the board's power of executive

24 clemency which is defined to include granting reprieves,

25 pardons and paroles are made subject to legislative limitation.

PAGE 48

In (b) you will notice it starts out "Except as may 2 hereafter be provided by law."

3

Presently the powers of executive clemency rest

4 solely with the Board except in cases of treason or impeach-

5 ment, and except as to the Governor's power to suspend the

6 execution of a death sentence.

7

Secondly, the provisions in the current constitution

8 relating to mandatory minimum service time for persons con-

9 victed of armed robbery and for persons who have had a death

10 sentence commuted to life imprisonment are deleted.

11 ";z:
..'o.."..

Thirdly, currently the Governor has the power to

~;j suspend the execution of a death sentence until the full Board has had an opportunity to hear the application of the

g

$ 14 I convicted person for relief.

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Under this proposal the power would be transferred

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16 .~.. from the Governor to the Chairman of the Board or another

Q

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17 : member designated by the Board to exercise that power.

18

Fourthly, in light of the earlier proposed changes

19 the present provision in the constitution stating that the

20 State Board of Pardons and Paroles may make rules and

21 regulations as may be authorized by law was deleted as

22 unnecessary.

23

It was the belief and understanding of the committee

24 that the Board has inherent rulemaking authority until and

25 unless otherwise provided by law.

PAGE 49

Fifth, under the present constitution the number of

2 members on the Board is se.t at between five and seven as

3 shall be determined by the General Assembly. The committee

4 proposal fixes it at five.

5

Next to last, we have different times when terms of

6 members of the Board of Pardons and Paroles expire, and this

7 resulted where the constitution was amended to increase the

8 number of members of the Board from three to its present five,

9 and that legislation and the subsequent enactment of

10 legislation took effect at a different time than December 31,

so technically it is proposed that all terms expire on

December 31 as against expiring in April in the case of one,

and perhaps July in the case of another, let them all

terminate at the same time of the year in which their term

expires.

Lastly, the members of the Board are made subject to

removal from office as prescribed by law. The present 18 constitution states that any member of the Board may be 19 removed from office for cause by the unanimous action of the 20 Governor, Lieutenant Governor and Attorney General, or by 21 judgment by the Senate in a trial of impeachment, and as 22 against prescribing in the constitution how they can be 23 removed, it is proposed that they be able to be removed as 24 prescribed by law so that the General Assembly can determine 25 the method by which removal can occur.

PAGE 50

GOVERNOR BUSBEE: Representative Jones.

2

REPRESENTATIVE JONES: Have the provisions of

3 commutation of death sentences to 25 years been retained, or

4 has that been left out?

5

MR. HARRIS: Under the committee's proposal that

6 would be eliminated.

7

REPRESENTATIVE JONES: Which means in fact the

8 Board could commute a death sentence, and after seven years

9 could, or at any time they chose could parole said convicted

10 individual?

" 11

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j:

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MR. HARRIS: If they thought it was proper, yes,

@);i they could. But the way this is drawn, if you retain the except as hereafter be provided by law in it, then it would be

! 14 !;; subject to any limitations that might be provided by law. :r
15 o!J It would take a positive act on the part of the General
"'";) 16 .~.. Assembly to set the ground rules if it so chose within which
aQz
17 the Board could function.

18

A VOICE: We want to take that out.

19

MR. HARRIS: I'll preside a while. Go ahead, Mr.

20 Tysinger.

21

REPRESENTATIVE TYSINGER: Mr. Chairman, under the

22 question betwee the Board -- under death sentence, under the

23 language here could that go up before the Board more than

24 once repeatedly in the case of a death sentence? It says the

25 Chairman of the Board or any member designated by the Board

PAGE 51

may suspend the execution. Could that be repeatedly, or just

2 one try, one time?

3

MR. HARRIS: Let me ask the Governor to respond to

4 that. This basically was a change that came through the

5 recommendation, that came through the Governor's office, or

6 Mr. Tidwell.

7

GOVERNOR BUSBEE: Suspend just one minute. If you

8 want to look at page 25, that's where you have the Select

9 Committee's version, the article committee's version, and if

10 we could suspend just a moment --

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11 j:

(Pause. )

.'oa"...

@;I GOVERNOR BUSBEE: wait just a minute. I think the Pardon and Parole Board had a suggestion for us, we're going

! 14 to pass that out. They were concerned about some of this

1;;
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15 o:l language.

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16 .~..

You all go ahead and pass this out .

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17

(Pause. )

18

GOVERNOR BUSBEE: All right. I think everybody has

19 a copy of this now.

20

The Chair recognizes Representative Burruss.

21

REPRESENTATIVE BURRUSS: Mr. Chairman, I move the

22 adoption of the article as just passed out, and if we can get

23 a second I would like to be recognized again for the purpose

24 of an amendment.

25

A VOICE: I second it.

PAGE 52

GOVERNOR BUSBEE: The motion is made and seconded.

2 All right. I recognize you for the purpose of an amendment.

3

REPRESENTATIVE BURRUSS: Mr. Chairman, I move that

4 on the next to the last sentence in the first paragraph as

5 follows: All such terms of members shall be for four years.

6

GOVEffiJOR BUSBEE: All right. The motion is to

7 amend the main motion by changing it from seven-year terms to

8 four-year terms.

9

REPRESENTATIVE BURRUS: Mr. Chairman, I believe we

10 would also need to amend the date to read June 30th, 1983.

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11 j:
rr:

GOVERNOR BUSBEE: Before we go any further let me

f...

@;I make sure we're technically right about the expiration of present terms when it changes from July 1st to June the 30th.

! 14 ...

Okay. Then the uniform date is correct, June the

':"r

" 15 olI 30th instead of July the 1st. rr: ;)

16 ~...

All right. Now the motion is that we change the

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17 :: terms from seven to four years, and then the technical amend-

18 ment to June the 30th. instead of July the 1st.

19

REPRESENTATIVE COLEMAN: Mr. Chairman.

20

GOVERNOR BUSBEE: All right. First, is there a

21 second to the motion?

22

A VOICE: Seconded.

23

GOVERNOR BUSBEE: It's seconded. All right.

24 Representative Coleman.

25

REPRESENTATIVE COLEMAN: I want to ask you a

PAGE 53

procedural question, Mr. Chairman.

2

If we want to amend this later on or we have another

3 amendment, should we do it now in the form of a sUbstitute

4 or after we adopt this?

5

GOVERNOR BUSBEE: You'll be able to come back on

6 reconsideration if you would like to defer it.

7

REPRESENTATIVE COLEMAN: I wouldn't want to come

8 back on reconsideration. I wouldn't want to reconsider.

9

GOVERNOR BUSBEE: If you want to make --

10

First, it's not really a motion to amend because he

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11

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o..'"....

included

this

as

a

part

of

his

main motion.

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REPRESENTATIVE BURRUSS: Yes. GOVERNOR BUSBEE: He can amend it.

Is that correct? I'm just saying

14

~
l:;r;

the

main

motion

is

that

Representative

Burruss

was

handed

this

15

b y .:l
CI

the

Pardons

and

Paroles

Board,

he

wanted

to

make

one

change

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16 .~.. from seven to four years and a technical change from July the Q

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17 : 1st to June the 30th; he included that in his main motion.

18

REPRESENTATIVE BURRUS: I think we should vote on

19 the four-year term amendment.

20

GOVERNOR BUSBEE: All right. Let's go back then. In

21 order to have parliamentary procedure, sombody just move that

22 we adopt the handout --

23

SPEAKER MURPHY: Wait. That ain't what you want.

24 Move that we consider this in lieu of the other conference

25 committee or whatever outfit proposed it. Move to consider it,

PAGE 54

then you can take your amendments to it.

2

GOVERNOR BUSBEE: How do you move to consider it if

3 you don't move to pass it?

4

SPEAKER MURPHY: If you pass it, you can't adopt

5 amendments to it, Governor.

6

GOVERNOR BUSBEE: What I was trying to do from

7 parliamentary procedure, you have to have a motion to adopt

8 something and a second to it. Unless you have a motion to

9 adopt something and a second to it, then you can immediately

10 amend it because that's when you'll move to amend it.

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11 .-:

Then if he wants to make another amendment, he can

2.'"..

@);~ amend it. So just technically somebody move to adopt. A VOICE: So moved.

14 ~

GOVERNOR BUSBEE: It's moved. Is there a second?

$

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15 011

A VOICE: Seconded.

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16 .~..

GOVERNOR BUSBEE: All right. I recognize you for a

zD

17 ~ motion to amend.

18

You move to amend it by changing the July the 1st

19 date to June the 30th and reducing the term from seven to four

20 years.

21

REPRESENTATIVE BURRUSS: Yes.

22

GOVERNOR BUSBEE: All right. Is there a second?

23

A VOICE: Seconded.

24

GOVERNOR BUSBEE: All right. The motion is made and

25 seconded. Is there discussion on that amendment?

PAGE 55

SENATOR BAP~ES: I would like to --

2

GOVERNOR BUSBEE: Senator Barnes.

3

SENATOR BARNES: I have great qualms about reducing

4 the term of the Pardons and Paroles Board from seven years to

5 four years, or reducing the period.

6

In the first place, that is a specialized type of

7 business over there dealing with procedures and the hearings,

8 and it takes some time to get used to it.

9

The second thing is it's a pretty thankless job

10 anyway. I mean it's not something that you run for Governor

or run for another political office from, and I think that it

would be a bad move to reduce their term.

I think they're unique in the type of functions that

they serve.

GOVERNOR BUSBEE: Senator Reynolds.

SENATOR REYNOLDS: Mr. Chairman, this is a Board in

my opinion that should be removed from the political arena

18 as much as possible, and I think if we put it back to four

19 years we're going to throw it right in the middle of the 20 political arena, and I think it should stay at seven years

21 to keep it out of the politics.

22

GOVERNOR BUSBEE: All right. Further discussion?

23

Representative Coleman.

24

REPRESENTATIVE COLEMAN: Is now the time for me to

25 make a motion to amend this amendment?

PAGE 56

GOVERNOR BUSBEE: We've got to get the term first,

2 then I'll come back to you.

3

All right. Is there any further discussion on

4 reducing the term from seven to four years? Any further

5 discussion?

6

If not, all those in favor of the motion to reduce

7 the term to four years rise and stand until you're counted.

8

(A show of hands.)

9

GOVERNOR BUSBEE: Reverse your positions.

10

(A show of hands.)

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11 j:
'..o"....

GOVERNOR BUSBEE: All right. On the motion to reduce

~;~ the term from seven to four years, in the House the ayes were 14, the nays were nine; in the Senate the ayes were six and

$ 14 I the nays were nine, so what we'll be going to is on just that

:z:

15

011
'~ ""

amendment

as

I

see

it,

the question of

the length of the term

16 ~... would go to conference

Q

Z

17 :i

SENATOR BALLARD: Mr. Chairman.

18

GOVERNOR BUSBEE: Senator Ballard.

19

SENATOR BALLARD: We already have two committees

20 that's working on the terms, the Regents and the Board of 21 Education. It looks like we've got two more, and it looks 22 like we're going to get into this pretty general before we 23 get through with this and make some determination.

24

I would like to suggest once again that all of these

25 get together and try to get at some type of uniformity in

PAGE 57

these things to find out what we want to do all the way down

2 the line.

3

GOVERNOR BUSBEE: Representative Burruss.

4

REPRESENTATIVE BURRUSS: Mr. Chairman, to try to

5 expedite matters a little, I would like to move for recon-

6 sideration on this vote, and if reconsideration is adopted

7 I would like t~ withdraw my four-year motion and make a motion

8 for five years. That seems to be more acceptable to some of

9 the folks.

10

I move reconsideration on the four-year vote.

SPEAKER MURPHY: Can I make a comment on that?

GOVERNOR BUSBEE: First he's moved for reconsidera-

tion. Is there a second?

A VOICE: Seconded.

GOVERNOR BUSBEE: All right. Now, Mr. Speaker.

SPEAKER MURPHY: Really when you get right down to

it, as long as you've got a Governor succeeding himself

18 four years means eight years, and if you put it at seven

19 years that's probably what it means on eighty percent of

20 them, but if you put it at four years you give the Governor

21 a chance to reappoint them during one of those two terms

22 so you're actually making his term eight years.

23

You gentlemen on the right are not getting what you

24 want by the vote, because you'll actually give him eight years

25 if you voted for Mr. Burruss' motion unless he was a bad man,

PAGE 58

then you could get him off.

2

SENATOR BARNES: I'm not sure the Governor is going

3 to be doing that after a while.

4

GOVERNOR BUSBEE: Let me ask you -- Well, we'll get

5 into that after lunch, I mean on the term of the Governor.

6

I think it's a good point, I honestly do, because

7 if you make the Governor's term four years I think this is

8 one consideration; if he has a right to succeed himself it's

9 another on these boards. That's what you're saying.

10

I'm not telling you to withdraw your motion, Mr.

I!I

Z

11

j:
.o.'."...

Burruss,

I'm

just

saying

@ ; j REPRESENTATIVE BURRUSS: I've got to get it reconsidered before I can withdraw anything; right?

! 14 ... ..':z":

GOVERNOR BUSBEE: Do you just want to reconsider,

15

olI I!I

then

defer

this

until

after

you

get

through

with

the

'"::;)

16

.~..
zQ

Governor?

17 :

REPRESENTATIVE BURRUSS: That would be a good idea.

18

GOVERNOR BUSBEE: He moves to reconsider it, that's

19 all he's doing until you get through, and we'll bring it up

20 after you get through with the Governor.

21

All right. On the motion to reconsider, all in favor

22 of reconsidering rise and stand until you're counted.

23

(A show of hands.)

24

GOVERNOR BUSBEE: Reverse yourselves.

25

All right. It's unanimously reconsidered.

PAGE 59

Now is there a motion to postpone further considera-

2 tion on this paragraph?

3

A VOICE: So moved.

4

GOVERNOR BUSBEE: Is there objection to postponing

5 further consideration of this paragraph?

6

All right. We're going to take a ten-minute break.

7 Everybody be back in here at ten to eleven.

8

(A brief recess.)

9

GOVERNOR BUSBEE: The meeting will corne to order.

10 Everybody take their seats, please.

11 "5z
.o.....

Okay. Now, we're going back on the State Pardons

~ 12~ and Paroles Board.

~J~

We had a motion that we delay the consideration of

14 EI the length of the term. Now, we still have the remainder of :z:
15 olI it; by leaving that open we have the remainder of Section II
"'";:)
16 .~.. on the State Board of Pardons and Paroles, so I bring this up Q z
17 ~ for consideration.

18

All right. We will go paragraph by paragraph on

19 that. There has been a request that we divide the question,

20 so we'll go by the subparagraphs.

21

First will be on Subparagraph (a). Now, this does

22 not include the term, but for the balance of it; it will be

23 simply a later determination for the length of the term.

24

Do I hear a motion on the adoption of Paragraph I

25 of what was prepared by the Pardons and Paroles Board on the

PAGE 60

handout?

2

A VOICE: So moved.

3

REPRESENTATIVE BURRUS: Seconded.

4

GOVERNOR BUSBEE: The motion is made, it's seconded

5 by Mr. Burruss.

6

All right. Is there any discussion on the adoption

7 of Paragraph I with the qualifications I just stated?

8

All right. Is there objection to the adoption of

9 Paragraph (a)?

10

Senator Ballard.

"z
11 j:
.o'"."-.
@;i

SENATOR BALLARD: Paragraph (a) on what? GOVERNOR BUSBEE: Just (a). Hearing no objections, Subparagraph (a) is adopted.

! 14 All right. Subparagraph (b).

-=:zc0:

15 ob

Representative Coleman.

'"":::I

16 .~..

REPRESENTATIVE COLEMAN:

zo

17 : preface my motion by a few words.

Mr. Chairman, I'm going to Looking at page 2 of the

18 handout on line 48 gaing by the right-hand numbers there, the

19 Chairman of the Board or any other member designated by the

20 Board may suspend the execution of a sentence of death until

21 the full board shall have an opportunity to hear the 22 application of the convicted person for any relief and so 23 forth.

24

I'm concerned that we are now designating or

25 transferring power once held by an elected official to an

PAGE 61

appointed official, and I feel that this decision where you

2 suspend the execution of a sentence should fallon the whole

3 board.

4

I feel that the modd of the public, the mood of

5 especially the people in the state of Georgia has been toward 6 more severe sentences and punishment of criminals and seeing

7 that the punishment is carried out, and in lieu of that I

8 would move that we delete the last sentence in Paragraph (b).

9 This would throw the suspension of the execution of a sentence

10 of death on the whole board instead of one individual on that

z~

11 ~ board.

o~

~

~

~--- I12 ~

GOVERNOR BUSBEE: If you don't mind, let me ask

Charlie Tidwell if he will explain the procedure. We're not

! 14 talking about full suspension. This is what I technically

~
<
%

15 ~ would do only, and I'll ask Charlie to allude to that.

~ ~

3~
16

MR. TIDWELL: Terry, if that should be your desire

cz

17 : and the committee's desire to let the full board pass on it,

18 I don't think you can accomplish it by just deleting it.

19

Right now a suspension of an execution of death has

20 to be done rather quickly, and it needs to be done -- someone 21 needs to have that authority, and I think you specifically

22 need to give it to the Board. Right now the Governor has it.

23

When we took this up in the article committee if

24 it were the desire that the Governor exercise it, we said we

25 had no objection, wherever you want it to go. The only point

PAGE 62

we made is that somebody has to have that authority, either

2 the Board or the Chairman, and it's difficult -- the Board 3 may be out in California attending some conference and a death

4 sentence is about to be executed; somebody has to act quickly 5 to suspend that death sentence. So if you want the whole 6 Board to do it, I think you specifically ought to say that.

7

GOVERNOR BUSBEE: Judge Smith who is the chairman of

8 the article committee wanted to make an explanation. Judge

9 Smith.

10

JUDGE SMITH: Let me just say you're not talking

11

"z
~

about

commutation

of

the

sentence,

but only the

suspension of

.Io..I...I

~;I the execution. Say a man is scheduled to be electrocuted on such

! 14 and such a date, and a legally sufficient application is filed,

l:;z;:
15 01) then somebody needs to have the power to postpone until the

"III
;)

16 .~.. Board considers the application .

zQ

17 ~

The thought of the committee was the Governor might

18 be in Japan or somewhere and sometimes

19

(Laughter. )

20

JUDGE SMITH: Sometimes you have to do it, you know,

21 within 24 hours, and that's the reason it was transferred to

22 the Board.

23

GOVERNOR BUSBEE: Let me -- you laugh about it, but

24 it's very true. Let me explain what we're talking about, and

25 this is one reason I think you ought to take it away from

PAGE 63

the Governor really. What we're talking about is not what

2 people think of as somebody commuting a death sentence.

3 They are very confused about whatever the powers of the

4 Governor are in a death.

5

The power is I can suspend up to 90 days one of these

6 death sentences, and I have made it a policy that I will give

7 one suspension in order to have a final review by the court

8 or by the Pardons and Paroles Board, and that's it, and they 9 know they can't play around with this.

10

But the perception of the public is that I have a

.zCl
11 j: right to commute a death sentence or that a Governor has a
a.o....
9;1 right to do it. It's a mere technicality, it's not something that has anything to do with whether a person is going to be

! 14 I- executed, only as to whether you will allow that time. UI x<l

..15 ~ Cl

I did have the situation to arise when I was in

~
16 ~... Germany, and I was in a place I couldn't get to a telephone,

Q

Z

<l
17 :; and there was a lot of concern, but you're only talking about

18 the technicality to allow either the Board of Pardons and

19 Paroles to consider commutation or to allow the Supreme Court

20 to hear it for judicial determination; you're not talking

21 about commuting it, it's just that mere temporary suspension.

22

I think that the language that you have that would

23 just allow the Chairman of the Pardons and Paroles Board to

24 do this, and he can designate if he's going to be out, but

25 you can get in a very awful circumstance.

PAGE 64

I don't have any problem with me as Governor, I

2 don't think any Governor would have of granting this

3 temporary stay, but I do say in the minds of the people

4 we used to have Governors that commuted death sentences,

5 they didn't like that, they created this constitutional

6 board, and I think it would be well to go on and take this

7 and put it over in the Pardons and Paroles Board, let the

8 Chairman make this temporary suspension, and that way you

9 could have the review or he could designate someone if he's

10 going to be out.

"z
11 j:

There needs to be a single person. Someone said a

'2."..

@;I majority of the Board, but you're just talking about that one temporary suspension; you're not talking about really

! 14 ... communting a death sentence, so I think what the Pardons and

'<"C

%

IS 011 Paroles Board is proposing in this regard is good in taking

:"'"I

16 .~.. it away from the Governor

Q

Z

<C

17 :

There's even confusion here where some thought we're

18 talking about commubation.

19

I have people coming to me all the time, you know,

20 trying to get me to commute a death sentence. They have

21 read this in the constitution, they don't understand it,

22 and there's a lot of confusion there, so the way they have

23 it I think is better worded.

24

Representative Greer.

25

REPRESENTATIVE GREER: Governor let me ask you this,

PAGE 65

and it might be because I missed some of it, in the other

2 section don't you still have the authority to suspend one

3 just like this paragraph provided that these people are all

4 out of the way?

5

GOVERNOR BUSBEE: No, this is it. This would be

6 what you are referring to, it's contained right here, and

7 that would be for that temporary suspension.

8

REPRESENTATIVE GREER: If you get to the fact where

9 you do not have that authority to suspend and all the board

10 is away like you said in California or somewhere, where does

11

"z
~

that

leave

you?

e ; i"o..".

GOVERNOR BUSBEE: The Chairman of the Board or any

other member designated by the Board, and you have five

.. 14 ~ members, and that's a lot better than just having the Governor

'<"l

15

:l: .:I

and

only

the

Governor

that

can

suspend

it

temporarily.

~

::l
16 .~.. az

REPRESENTATIVE GREER: They could do that if they wer~

17

<l
:

all

off

for

the

convention.

18

GOVERNOR BUSBEE: I might also add that Charlie

19 Tidwell whispered this in my ear, they also have a duty

20 officer on the Pardons and Paroles Board, so it's much better

21 for them to have that power.

22

Is there further discussion now on that question

23 that you had?

24

Representative Coleman.

25

REPRESENTATIVE COLEMAN: Mr. Chairman, in light of

PAGE 66

that discussion I would like to withdraw my motion and make

2 a new motion if it's in order.

3

GOVERNOR BUSBEE: All right.

4

REPRESENTATIVE COLE11AN: I would like to change on

5 line 48

6

GOVERNOR BUSBEE: Are you looking at this handout

7 now?

8

REPRESENTATIVE COLEMAN: No, but I can, it's the

9 same thing. Subparagraph (b), the middle of the paragraph

10 where it says the Chairman of the Board, I would like to say

III Z
11 ~ the majority of the Board, and then strike "or any other
.o.....
12 ~ member designated by the Board may suspend the execution of
~-I a sentence."

! 14 lIII :z:

GOVERNOR BUSBEE: If you're going to do that, leave

15 ~ it like it is now, because it's easier to find the Governor

III
'":::l
16 ~ in Germany than it is to get a majority of the Board in the

zQ

17 : middle of the night. This would be a very difficult thing

18 to do.

19

You're only talking about this temporary suspension

20 of up to 90 days.

21

REPRESENTATIVE COLEMAN: Governor, I understand that,

22 but with the frustration of the people in this state has

23 reached a height now where they are tired of continuous

24 suspensions of sentences, they want some action. They are

25 tired of seeing people released on technicalities or

PAGE 67

temporarily postponed until a technicality can be found and

2 the sentence commuted or a convicted killer set free.

3

GOVERNOR BUSBEE: I understand.

4

REPRESENTATIVE COLEMAN: I understand the safeguards

5 that we want to keep in this constitution, but there are also

6 five million people in the state of Georgia who want something

7 done about these criminals, and how are we going to do it if

8 we don't at least have some countermeasures that the DA's and

9 prosecutors can use in this situation?

10

GOVERNOR BUSBEE: I agree with you about the

@;;11 ".~.oza..=.. frustration of the people because the people think I have something to do with these people on death row being down there, and it's full of people down there that have been

! 14 1;; there for many, many years, but this doesn't have anything

<:zl:

15 .:l to do with it.

"a=
::3

16 ~... o

You do have some things that were addressed by the

Z

<l

17 : Supreme Court in the rules that they adopted to try and combine

18 some of these appeals, but the reason they're over there

19 has nothing to do with ths 90-day technical suspension only

20 for the Supreme Court to hear it or for the Board to hear it.

21

SPEAKER MURPHY: I agree with Mr. Coleman that the

22 people are frustrated, but I also understand that if some

23 poor fellow is electrocuted because you can't get three

24 folks together, then he sure is frustrated for good.

25

GOVERNOR BUSBEE: All right. Your motion is what

PAGE 68

now?

2

REPRESENTATIVE BURRUSS: I would like a substitute.

3

REPRESENTATIVE COLEMAN: Mr. Burruss has a

4 substitute motion.

5

GOVERNOR BUSBEE: I had Senator Holloway now. If

6 you just want to withdraw yours and let him make a motion,

7 then I'll recognize Senator Holloway, but I recognized him

8 for a motion.

9

SENATOR HOLLOWAY: I move we adopt Paragraph (b) of

10 the Board of Pardons and Paroles' recommendation.

"z
11 i=
'..o"....
~;i

SENATOR BARNES: As on the handout. SENATOR HOLLOWAY: As on the handout. SENATOR BALLARD: I have some discussion about it

14

~
t;

on

another

matter

other

than

what

they've

been

talking

about.

<zC:

15 01)
"'";;)

GOVERNOR BUSBEE: This would get us in a posture

16 ~... that we can move. That was a substitute motion. Is there a

Qz

17 : second?

18

SENATOR BARNES: Second.

19

GOVERNOR BUSBEE: Now then on the substitute motion

20 I can recognize you.

21

Wait a minute. I think I need to go to Representativ~

22 Burruss next, because that would relate also to what he was

23 talking about. Terry, it would relate to your amendment.

24 Representative Burruss.

25

REPRESENTATIVE BURRUSS: Mr. Chairman, I move that

PAGE 69

we change the sentence we're discussing by saying the

2 Chairman of the -- I'm sorry. Start over.

3

Any two members of the Board may suspend the

4 execution of the sentence of death until the full Board

5 shall have an opportunity to hear the application of the

6 convicted person for any relief within the power of the

7 Board.

8

GOVERNOR BUSBEE: That would be an amendment to the

9 substitute offered by Senator Holloway to make it where one

10 could not suspend, it would require two.

Okay. Now, that is the motion to amend'l. Is there

a second?

A VOICE: Seconded.

GOVERNOR BUSBEE: The motion is made and seconded.

Now for discussion on that amendment.

Any discussion? Are you ready to vote?

All right. All in favor of amending it to require 18 that it be two per Representative Burruss rise and stand

19 until you're counted.

20

(A show of hands.)

21

GOVERNOR BUSBEE: Reverse your position.

22

(A show of hands.)

23

GOVERNOR BUSBEE: All right. All the Senators that

24 oppose rise and stand until you're counted.

25

(A show of hands.)

PAGE 70

GOVERNOR BUSBEE: All right. We're in a situation

2 right now that in the House it's seven ays and ten nays,

3 it's lost in the House; and on the Senate it's seven to seven,

4 and I'm going to have to ask what the parliamentary procedure

5 is going to be.

6

LT. GOVERNOR MILLER: What I would like to do is take

7 another vote over here on the Senate side; I've got 18

8 Senators.

9

GOVERNOR BUSBEE: If you've got 18 Senators, then

10 we're going to vote in the Senate over. The House has voted.

All right. Now, then --

SENATOR GILLIS: Is this on Terry's motion?

GOVERNOR BUSBEE: This is on the motion that Terry

made that would require two members of it to give a temporary

suspension until they could hear it.

All right. All in favor rise and stand until you're

counted. This is to require two.

18

(A show of hands.)

19

GOVERNOR BUSBEE: All right. Now reverse your

20 position in the Senate.

21

(A show of hands.)

22

GOVERNOR BUSBEE: All right. The motion is lost

23 seven to ten in the House, seven to nine in the Senate.

24

All right. Now we come back to the main motion

25 which would be Senator Holloway's that we adopt the Pardons

PAGE 71

and Paroles Board's redommendations.

2

SENATOR BALLARD: I still have some discussion on

3 other matters other than that.

4

GOVERNOR BUSBEE: All right. Senator Ballard.

5

SENATOR BALLARD: I notice that there has been left

6 out of this the 25-year provision. That's the only restric-

7 tion we have, and I don't believe the people of the State of

8 Georgia is going to agree to us going in here and dropping

9 that 25-year provision where a person is convicted of murder,

10 is given the death sentence and it is commuted.

11 "5z

We have put it into the constitution, and people

..o....

@;i like that, they have had it in there, and I think that at this time, at the present time as much as we have had of this

14 .~.. type thing where they have been commuted, they've not been
'"
:I:
15 olI carried out, that if we remove this 25-year thing from here
"co:
:::>
16 .~.. we're in a lot of trouble
zo

17 :

I'm personally against taking it out of the

18 constitution. I think that is the one thing that we have put

19 on the Pardons and Paroles Board's neck is the 25 years.

20

GOVERNOR BUSBEE: Let me ask you, Don, if you would

21 have any objection to doing something per staff. They asked

22 me to ask you this.

23

Would you have any objection to going on and adopting

24 this paragraph and let that be SUbparagraph (c), you would

25 move to amend the section by adding Subparagraph (c)? You

PAGE 72

would then accomplish what you have in the existing

2 constitution.

3

SENATOR BALLARD: Just so we don't get in the shape

4 we did on local constitutional amendments, we take it out

5 and then everybody forgets about it.

6

GOVERNOR BUSBEE: We'll have a clean vote on your

7 motion.

8

All right. with that understanding, is there any

9 further discussion of Subparagraph (b)?

10

Senator Deal.

SENATOR DEAL: It seems to me that if we delete the

first clause that gives the General Assembly the power to make

exceptions to this exclusive grant of power that's being given

to the Pardons and Paroles Board we have taken a very serious

step in the direction of giving total control, and I think

under any interpretation they would be given total control

of this entire area, and I think before we vote to delete

18 that first clause giving us the power to make statutory

19 changes we ought to look at it very seriously. I'm opposed

20 to deleting it.

21

A VOICE: I agree, Nate.

22

GOVERNOR BUSBEE: I don't know that I fully under-

23 stand what you're saying right there, but you're saying if

24 you're going to vote on his amendment it should be in

~ Paragraph (b)?

PAGE 73

SENATOR DEAL: No, sir. I'm opposed to I'm

2 speaking in opposition to the deletion of the clause at the

3 beginning of Paragraph (b) that says except as may hereafter

4 be provided by law.

5

GOVERNOR BUSBEE: That's not in the present

6 consitution. This would give you the right to wiite all the

7 legislation you want to limit the powers of the Pardons and

8 Paroles Board. That's not in the present constitution.

9

SENATOR DEAL: My understanding of what we're fixing

10 to vote on is that that language is deleted, and if I read

11

z"

j:
'.oG".o.

it

correctly we

are

giving

the

exclusive

power

to

the

Board

e~i under Paragraph (b) as I read it. MR. rffiRRIS: Mr. Chairman, it's deleted from the

! 14 I- article committee recommendation.

U>

:I:

15 oll

GOVERNOR BUSBEE: I want to explain that provision

"'";;)

16 ~... is not in the present constitution. This provision was from

Q

Z

17 : the article committee and the article committee alone; it's

18 not in the present constitution where the legislature can

19 regulate the Pardons and Paroles Board on methods of giving

20 pardons and paroles.

21

SENATOR BARNES: He said they should have that power.

22

GOVERNOR BUSBEE: I understand. You're saying you

23 want to put it in. I'm just saying it's not in the present

24 constitution.

25

Senator Lester.

PAGE 74

SENATOR LESTER: Governor, I think what he's talking

2 about on the Pardons and Paroles suggestion here at the

3 beginning of Paragraph (b) they have the language "except

4 as may hereafter be provided by law" stricken, and I think

5 what the Senator wants to do is to put that language back in.

6

GOVERNOR BUSBEE: I understand that. What I was

7 saying though, Senator Lester, at the present time the only

8 way that you can, the legislature can take over -- you took

9 it away from the Governor and put it in the constitution.

10

This language is not in the present constitution.

"z
11 j: If you're going to put the restrictions like Senator Ballard

'..o"....

~;I

wanted to do, it's already in the constitution, you have a constitutional amendment, the people voted on it.

! 14

If you put this language in here what you've done

l-

':z":

15 01) is to take pardons and paroles away from the Governor and

"'":;)
16 .~.. put it in the legislature, and I just don't think the people
Qz

17 : are going to buy that.

18

If you put this in where the legislature can by law

19 take over the Pardons and Paroles Board, that's one thing;

20 if you're going to do what Senator Ballard is talking about

21 and let the people vote on it in a constitutional amendment, 22 that's another thing, but that language has never been in 23 the constitution and I was shocked to see it in the article

24 committee.

25

Historically the people are in favor of having a

PAGE 75

constitutional board on this and not any politics of it.

2

I just say it's not in the existing constitution,

3 and I'm not being impartial in the Chair right now, but I

4 wanted to make it clear that's not in the constitution now.

5

SPEAKER MURPHY: Can I be heard?

6

GOVERNOR BUSBEE: All right, Mr. Speaker.

7

SPEAKER MURPHY: Unfortunately I have the advantage

8 of being a little older than some of you gentlemen, and I

9 remember reading about all the scandals we had in the Pardons

10 and Paroles Board about the purchase and selling of pardons

" 11

z
j:

and paroles.

=o

@ r l12 :'":l

The Pardons and Paroles Board as somebody has

already said has a terrible job, a job that I would not have,

! 14 lo-n they couldn't pay me enough money to have the job, but some-

~

:I:

15 olI body needs to have the absolute authority to handle this.

"=;;;)
.16 ~

What we've got in the constitution now, to show you

Q

Z

~

17 : exactly how conflicting it is, we say that they shall have the

18 exclusive right to give pardons, but then we say in here

19 that if he's been sentenced to death and they commute it to

20 life you can't pardon him for 25 years. Even if somebody

21 comes up and confesses that he committed the crime and this 22 man didn't do it, you couldn't even pardon him, you would

23 have to go back to the courts. To me that's ridiculous.

24

A VOICE: That's the way they ought to do it.

25

SPEAKER MURPHY: Even if somebody else admits they

PAGE 76

did the crime and he's proved not to be guilty, they can't

2 pardon him under this section. To me that's ridiculous.

3

GOVERNOR BUSBEE: Let's have order here.

4

SPEAKER MURPHY: All he can do is here another lawyer

5 and pay Senator Ballard another fee and go back to the court

6 to get it vacated and set aside, which to me is ridiculous.

7

GOVERNOR BUSBEE: Senator Deal.

8

SENATOR DEAL: I must admit I don't'know how this

9 sentence has been interpreted or whether it has been

10 interpreted, but in the present constitution the last sentence

of the paragraph under the Pardons and Paroles Board says

the General Assembly may enact laws in aid of but not

inconsistent with this paragraph, so it seems to me that we

do have something in the present constitution. I don't know

whether it's been interpreted otherwise, but --

GOVERNOR BUSBEE: All right. Senator Deal, this

was pushed by one person, it was added in right here and it's

18 a complete change.

19

Under the law today if you want to take away from the

20 Pardons and Paroles Board the powers to regulate it, then the

21 people have to vote on it. This would remove that and put it

22 in the legislature, you could write anything you wanted by

23 law under this provision in my opinion, and I think it would

24 be a great departure from what you have now.

25

I'm in favor -- I mean I'm in favor of taking what

PAGE 77

little is left in the Governor's office and putting it in the

2 Pardons and Paroles Board, but the people feel very strongly,

3 and ,.".e 'had the situation in this state where the Governor was

4 involved in it, and it was bad, and I think if we put this in

5 where the people will have no say-so on it it's going to be

6 equally bad.

7

REPRESENTATIVE LEE: Let's vote.

8

GOVERNOR BUSBEE: All right. We have the motion now.

9

MR. F~RRIS: Mr. Chairman, I was just going to

10 respond to Senator Deal that that sentence has been utilized

CzI
11 I- simply to pass some statutory law by the General Assembly that
".o0."<.
@}~I sets out the times of meetings and when they will meet, just the technical method of operating the office, but that

! 14 sentence has not been utilized and cannot be utilized for

!;;

-0(

:r

15 otl the General Assembly just to pass a law and say "Hey, you

CI

0<

:;)

16 ~ guys, you can't do this and you can't do that."

Qz

-0(

17 :

Now, the proposed change by the article committee

18 would have permitted that, and as I understand the motion on

19 the floor it's to adopt this Subparagraph (b) with that

20 language excluded that was added by the article committee.

21

REPRESENTATIVE LEE: I'm ready to vote.

22

GOVERNOR BUSBEE: All right. Now, then, I think the

23 last motion we had

Did you move to add that language back

24 in?

25

All right. I think the motion is then to adopt

PAGE 78

Paragraph (b) as written by the Pardons and Paroles Board as 2 submitted to us. That's the motion, Senator Holloway's motion, 3 and it was seconded.

4

Now, any further discussion?

5

Any objection to calling the question? If not, all

6 those in favor of this Subparagraph (b) rise and stand until

7 you're counted.

8

(A show of hands.)

9

GOVERNOR BUSBEE: All right. Reverse your position.

10

(A show of hands.)

GOVERNOR BUSBEE: All right. On the adoption of

Subparagraph (b) in the House the ayes are 24, the nays are

three; in the Senate the ayes are 16, the nays one. The

amendment is adopted.

SENATOR REYNOLDS: Mr. Chairman.

GOVERNOR BUSBEE: All right. Senator Reynolds.

Let me get through with SUbparagraph (c) if I could.

18

A VOICE: Move the adoption.

19

GOVERNOR BUSBEE: It's moved that Subparagraph (c)

20 be adopted. Is there a second?

21

A VOICE: Seconded.

22

GOVERNOR BUSBEE: All right. The motion is made and

23 seconded. Any discussion?

24

If not, is there objection? Hearing none, it's

25 unanimously --

Oh, excuse me. I think you were going to

PAGE 79

You're not talking about (c). All right.

2

Any objection? Hearing none, it's unanimously

3 adopted.

4

SENATOR DEAL: I obJect as it's written in the

5 proposal of the Pardons and Paroles Board.

6

GOVERNOR BUSBEE: You object to Subparagraph (c) of

7 the proposal. All right. Would you like to speak to your

8 objection?

9

SENATOR DEAL: Yes, sir. It's the same basic

10 objection that I had to the deletion of the language that had

e;111

"z

j:
.'o."....

been

proposed

in Paragraph

(b),

and

that

is

if

we

delete

any

power to deal with the powers and duties of the members of the

Board then they have the full authority and we have not even

! 14 I- given that broad authority to cities and counties in this '"<4( :z:
15 olI state, and I think there needs to be some basis for legisla-
"'";;)
16 .~.. tive control of powers and duties in certain respects, and I 1:1 Z <4(
17 ::; would object to it on that basis.

18

GOVERNOR BUSBEE: All right. Any further discussion?

19

If not, all those in favor of the adoption of

20 Subparagraph (c) rise and stand until you're counted.

21

(A show of hands.)

22

GOVERNOR BUSBEE: Reverse your position.

23

(A show of hands.)

24

GOVERNOR BUSBEE: On the passage the ayes in the

25 House are 23, the nays are tWOj in the Senate the ayes are

PAGE 80

nine, the nays are five. It's adopted.

2

All right. Now someone had wanted to be recognized.

3

SENATOR BALLARD: Yes. I would like to move that

4 we put back into this the 25-year provision. This is the

5 only input that the people of this state have in this thing

6 because this is an appointed board that goes in to make these

7 decisions, they do not elect this board.

8

With the 25-year provision in here, this is strictly

9 where a person has been convicted of murder and given the

10 death sentence that if it's commuted -- now it says commuted
11 5":z to life, I want it stronger than that, that if it is commuted
oG..o.
@);~ period that they serve at least the 25 years that's in the constitution that the people of this state have voted for.
! 14 ... Politicians and legislators and lawyers would be out of it, ~:r
15 oll it would automatically say that it would be done, and if you
'~ ""
16 .~.. get in there and the one out of a hundred or a thousand, if
:Qz
a 17 you're trying to protect the criminals, let the criminal go

18 back before the courts and get it if he's not guilty of it

19 or if somebody else comes up' and does it.

20

That's not the question. If he's convicted, not to

21 give an oppointed board the right to go in there and do it.

22 We've got it in the constitution, I don't know what percentage

23 it passed by in the state of Georgia, but it had to pass with

24 the people, and I think with the killings we've just had in

25 the city of Atlanta, with the killings down in South Georgia

PAGE 81

and all and allover the state that we at least need to let

2 these folks that go in, and when they're going to walk up and

3 rob someone and decide they'll kill him rather than go in and

4 just take his money so they won't have a witness, that if we

5 do convict them they ought to spend 25 years in there instead

6 of getting out and being subject to seven years as with

7 anything else.

8

This is not something I'm saying, what I'm speaking

9 of is what the people of this state have said, and I say

10 further that I would recommend to anybody in the state of

z~

11

~
o~

Georgia

that votes on

this constitution when

it goes

in,

if

w~

~~. I12 ~ they can't at least have the say-so on a convicted murderer given the life sentence and get 25 years, I'll advise them to

! 14 ~ vote against the whole thing, and I think you're gotng to

~

~

~

15 ~ find that a lot of people will do that.

~

~

~

16 w~

GOVERNOR BUSBEE: Senator Ballard, let me state your

Q

Z

~

17 : motion and see if I fairly state it.

18

Senator Ballard is moving to add Subparagraph (d)

19 to read as follows: When a sentence of death is commuted to

20 life imprisonment

21

SENATOR BALLARD: No, is commuted.

22

GOVERNOR BUSBEE: Let me read it. I'm going to read

23 the existing constitution, I think it's what you want.

24

When a sentence of death is commuted to life

25 imprisonment the Board shall not have the authority to grant

PAGE 82

a pardon to the convicted person until such person has served

2 at least 25 years in the penitentiary, and such person shall

3 not become eligible prematurely. I'm sorry, I skipped a line,

4 shall not become eligible for parole at any time prior to

5 serving at least 25 years in the pentitentiary.

6

SENATOR BALLARD: Governor, I agree with that except

7 for one thing. The Pardon and Parole Board got around that on

8 one where they reduced it to 99 years.

9

I say if they reduce it, not just to life

10 imprisonment, say they reduced one to 99 years and got around

11

"z
io=r: i t ,

but I

say if

they reduce

it,

instead of

to life -- leave

.~..

~;I out the life sentence, that's all it is, and let's make it straight on that.

14 ~I

Leave out those three words out of the present

<:rC:

15 oll constitution and that will take care of it and they can't get

"or:
::;)

16 .~.. around it

zCI

17 ~

GOVERNOR BUSBEE: All right. I think you're right.

18

What he's saying now is just any time somebody is

19 sentenced to death they're going to have to serve 25 years

20 is what it amounts to, and technically for the reporter here

21 what he's saying is take the existing constitution and strike

22 out the words "to life imprisonment.

23

SENATOR BALLARD: That's right.

24

GOVERNOR BUSBEE: Senator Barnes.

25

Wait a minute. Is there a second?

PAGE 83

A VOICE: Seconded.

2

GOVERNOR BUSBEE: It's seconded. All right.

3 Senator Barnes.

4

SENATOR BARNES: You know, all tfuis is very popular

5 in the press and a very popular position, but the facts of

6 the commuuation of death sentences have just not been that

7 way in Georgia.

8

The last time I checked it, I'm sure this has not

9 changed, there's only been one death sentence since we have

10 had a new death sentence, which is almost eight years old now,

zw

@;I11

= commuted
2w

from

death

to

life,

or whether

it was

commuted

ta

99

years.

The facts of that case were that the trigger man

$ 14 I that pulled the trigger and killed the individual pled guilty

z

15

~
~

and

g9t

a

life

sentence;

a

boy

that

was

driving

the

car

as

~

16

~
z~

an

accomplice,

still

a

party

to

the

crime,

went

to

trial

17 = and the jury gave him the electric chair, and the trigger

18 man goes free and the boy that's an accomplice, you can't

19 change his sentence, so that the trigger man that got a life

20 sentence could be paroled earlier than an accomplice, and

21 that is a ludicrous result to have, and all you do is tie

22 the hands of these people that should have some type of

23 discretion to hear and decide this.

24

There's not a thing the courts can do about something

25 like that.

PAGE 84

SENATOR BALLARD: Mr. Chairman.

2

GOVERNOR BUSBEE: Senator Ballard.

3

SENATOR BALLARD: If a man participated in it and

4 a death resulted therefrom and he was convicted and given

S death, and it couldn't be commuted to any less than 25 years,

6 I feel that the people of this state of Georgia, and I

7 personally feel he ought to serve the 25 years, and whether

8 they can or not, he shouldn't have been in there killing

9 people.
10

GOVERNOR BUSBEE: Is there any further discussion on

Senator Ballard's motion?

Does anybody desire to be heard?

A VOICE: Move the question.

GOVERNOR BUSBEE: Is there objection to the adoption

of the proposed new Subparagraph made by Senator Ballard?

SENATOR BARNES: I object.

GOVERNOR BUSBEE: All in favor of Senator Ballard's

18 amendment rise and stand until you're counted.

19

(A show of hands.)

20

GOVERNOR BUSBEE: Reverse your position.

21

(A show of hands.)

22

GOVERNOR BUSBEE: All right. The ayes in the House

23 are seven, the nays are 17; in the Senate the ayes are 13,

24 the nays are four.

2S

As I interpret the rules, this goes to a conference.

PAGE 85

All right. This now takes us to the next paragraph.

2 Senator Reynolds.

3

SENATOR REYNOLDS: Mr. Chairman, I believe our

4 posture on the term of the Pardons and Paroles Board is that

5 we have reconsidered our action. Is that not correct?

6

GOVERNOR BUSBEE: That would be in order if you

7 wanted to move to do it.

8

SENATOR REYNOLDS: Would it be in order to make a

9 motion at this time on the length of terms?

10

There has been a good bit of discussion on both

11

"z
j:
'oG.".o.

sides,

and

I

would

like

to

move

that

the

length

of

the

terms

~rl ~\ ~ of the Pardons -12 GOVERNOR BUSBEE:

First you have to move for

14 ..~.... reconsideration

:t

15 oll

SENATOR REYNOLDS: We have already done that.

"'":)

16 .~..

GOVERNOR BUSBEE: You've already done it. Then you'r~

oz

17 : in order.

18

SENATOR REYNOLDS: I wouLd like to move that the

19 length of the terms be seven years. I know it's been dis-

20 cussed on both sides, and I would like to move that we --

21

GOVERNOR BUSBEE: There's a motion. Is there a

22 second?

23

A VOICE: Seconded.

24

GOVERNOR BUSBEE: The motion is seconded. Is there

~ further discussion?

PAGE 86

REPRESENTATIVE LEE: What are we doing now?

2

GOVERNOR BUSBEE: Mr. Lee, please put your feet down

3 on the floor, put your cigar out and pay attention.

4

Now, what we're doing, there has been a motion alread'

5 passed by this body that we reconsider our action and go back

6 and consider the term of the Pardons and Paroles Board.

7

The motion is this be seven years. Do you understand

8 it?

9

REPRESENTATIVE LEE: I'm up with you. I'm opposed to

10 that.

11

"z
~

GOVERNOR BUSBEE: All right. Is there any further

o...

12 ~ discussion?

~~i

All those in favor of the motion rise and stand

! 14 until you're counted. /;;

0(

:I:

15 o!)

(A show of hands.)

"'":::>
16 ~

GOVERNOR BUSBEE: All right.

zQ

17 ~'"

(A show of hands.)

Reverse your position.

18

GOVERNOR BUSBEE: On the motion in the House the

19 ayes are 13, the nays are 10; in the Senate the ayes are 13,

20 the nays are five. It's adopted.

21

Section III will be on page 2.

22

MR. HARRIS: Mr. Chairman, basically the draft with

23 respect to the State Personnel Board is an editorial revision

24 with a few minor substantive changes.

25

First the members of the Board are made subject to

PAGE 87

such qualifications, compensation, removal from office and

2 powers and duties as provided by law.

3

The present provision provides that members of the

4 Board should be, quote, nonsalaried, end quote, but they are

S in fact compensated for their travel and expenses, and the

6 committee felt that the compensation of whatever kind should

7 be as provided by law, leave it up to the General Assembly to

8 determine what if any compensation they are to receive.

9

The committee also felt that the members of this

10 Board as well as the members of the Board of Pardons and

Paroles and Public Service Commission as provided in the

draft should be subject to removal from office as provided

by law.

Secondly, the proposal would eliminate the present

two-term limitation of the members of the Board. The

committee noted that no other board had similar limitation

and felt that they should all be the same.

18

The draft provides for the selection of the Chairman

19 by the Board from its membership, and this is what is currently

20 done, but it's nowhere provided in the constitution for it to

21 be done.

22

Lastly, the veteran's preference in state government

23 employment is retained, but the specifics of its implementation

24 are left to the discretion of the General Assembly.

2S

GOVERNOR BUSBEE: He gave an explanation of all of

PAGE 88

Section III, Paragraphs I and II. Is there any objection to 2 considering them together?

3

Hearing none, we will consider them together.

4

All right. Do we have a motion on Section III?

5

A VOICE: Move the adoption as recommended.

6

A VOICE: Seconded.

7

GOVERNOR BUSBEE: Moved and seconded.

8

MR. HILL: There's just one small addition that would

9 be a technical addition to add in Paragraph I, line 24, the

10 members shall serve until their successors are appointed and

"z
11 ic=r: qualified.

This is an addition we have had to make in other

2

III

~;! boards.

GOVERNOR BUSBEE: Is there any objection to the

! 14 ... technical amendment?

':<"r

15 ol)

If not.-- Representative Burruss.

"cr:
::I

16 ~...

REPRESENTATIVE BURRUSS: Mr. Chairman, I move that

zQ

17 ~ the word "five" on line 24, page 2, be stricken, and four

18 years inserted, and the language that we've used about the

19 effective date of the constitution and reappointment be

20 inserted.

21

GOVERNOR BUSBEE: All right. The motion is to

22 reduce the term of the Merit Board, of the State Personnel

23 Board from five to four years and the technical amendment that

24 he referred to be placed in by staff.

25

REPRESENTATIVE LEE: I second it.

PAGE 89

GOVERNOR BUSBEE: The motion is made and it's

2 seconded.

3

All right. Now discussion. Representative Johnson.

4

REPRESENTATIVE JOHNSON: Did I understand you to say

5 you were going to consider all sections of the paragraph at

6 one time?

7

GOVERNOR BUSBEE: Yes, sir. That would be para-

8 graphs I and II.

9

REPRESENTATIVE JOHNSON: Would someone explain to me

10 why we're putting veteran's preference in the state

III

Z

11 Io..a..-=.. constitution? We don't have that in there now.

e}~j

It appears to me that again we're just MR. HARRIS: It's there now.

! 14 !;;

GOVERNOR BUSBEE: It's in the constitution now, but



::z:

15

Q
IaI=I

it gives

the discretion to

the

legislature,

but

I

think

it

~

g 16

.~..
cz

takes

a

constitutional

amendment

to

do

this,

and

it

is

in

the

17 constitution. I don't think there would be any controversy

18 there.

19

All right. Any further discussion?

20

I have a motion by Representative Burruss to reduce

21 the term from five to four with the technical amendments he 22 referred to to be drafted by staff.

23

All right. Now, is there objection? Hearing none,

24 it's unanimously agreed to.

25

All right. Now is there a motion as amended to

PAGE 90

adopt Section III?

2

A VOICE: So moved.

3

A VOICE: Seconded.

4

GOVERNOR BUSBEE: The motion is made and seconded.

5 Is there discussion?

6

Hearing none, is there objection to the adoption of

7 section III as amended?

8

Hearing none, it's unanimously adopted.

9

Section VI, State Transportation Board.

10

MR. HARRIS: Mr. Chairman, the State Transportation

Q

Z

11

j:
o'"

Board section

remains

sUbstantially -- well,

almost exactly

A-

lii

~;i like it currently is, but the draft contains an error that needs to be corrected.

14 !..

The only thing that was deleted from the present

':z":

15

~
Q

constitution were

a

couple

of

sentences

that

were

necessary

'";:)

16

~ ~z

to

be

added

when

we

made

the

transition

from

the

previous

= 17 constitution of '45 as amended to the 1976 revision, and

18 those two sentences were omitted.

19

In the draft before you it says that as each term of

20 office expires the Governor shall appoint a successor. Well,

21 that's incorrect, it should be as each term of office expires 22 a successor shall be elected as herein provided because they

23 are done by caucus.

24

The members shall serve until their successors are

25 elected and qualified. That's added to make it clear.

PAGE 91

GOVERNOR BUSBEE: Senator Holloway, then I'll come

2 to Senator Reynolds.

3

SENATOR HOLLOWAY: I would like to offer an amendment

4 to line 18 between the words "a" and "majority" the word

S "weighted. "

6

GOVERNOR BUSBEE: The word what?

7

SENATOR HOLLOWAY: Weighted.

8

SPEAKER MURPHY: They don't need to even vote on that

9

GOVERNOR BUSBEE: Do you mean in pounds or by

10 members?

All right. Do I hear a motion on -- Well, first

what about the technical amendments you have?

MR. HARRIS: We pointed them out.

As to those sections, there are some sections that

are omitted from the present constitution in this article, but

we treated them yesterday in the Article III.

If you recall, in the current constitution in 18 Article IV as it relates to the Department of Transportation 19 there is a provision that the -- to allow the Department of 20 Transportation to comply with the federal laws providing for 21 the control of outdoor advertising and junk yards and different 22 things, and what you added into Article III yesterday in the 23 legislative article was the blanket authority for the 24 legislature tio do whatever it thought was necessary in order 2S to comply with federal law, so it doesn't need to be retained

PAGE 92

in Article IV.

2

A VOICE: Move it be adopted.

3

GOVERNOR BUSBEE: Let me ask procedurally, is there

4 objection to inserting the technical changes he discussed?

5

No objection, they are inserted. I will entertain

6 a motion. The motion is made it be adopted.

7

We're talking about Paragraph I, Section IV.

8

A VOICE: Seconded.

9

GOVERNOR BUSBEE: And there is a second.

10

All right. Senator Brown.

SENATOR BRO~VN: I wanted to make a motion that we

change the years from five years to four years.

GOVERNOR BUSBEE: The motion is made that the five

years be changed to four years. Is there a second to the

motion?

REPRESENTATIVE BURRUSS: Seconded.

GOVERNOR BUSBEE: There is a second by Mr. Burruss.

18

All right. The motion is made and seconded. Is

19 there any discussion on amending this to reduce the term from

20 five to four?

21

Is there any discussion? Senator Holloway.

22

SENATOR HOLLOWAY: I think it should be pointed out

23 that at least the reason I vote to reduce these five-year

24 terms down to four is when the Governor appoints to limit it

25 to one appointment per term if we go back to four years.

PAGE 93

I think it should be noted that if the legislature

2 makes these appointments I have no objection to five years.

3

GOVERNOR BUSBEE: Senator Reynolds.

4

SENATOR REYNOLDS: Mr. Chairman, we have ten members

5 on this board here, and by staggered terms would not this foul

6 up the run-out even in five years whereby you would have two

7 at one time?

8

It would foul it up because we have ten members. If

9 we left it at five it would work out even, so I would like to

10 offer a substitute motion that it remain at five to make it

work out even.

GOVERNOR BUSBEE: All right. Is there a second to

Senator Reynolds' motion that it remain at five?

A VOICE: That don't do nothing.

GOVERNOR BUSBEE: All right. Senator Brown has

moved to amend it to four years, and there was a second.

Any further discussion?

18

All in favor of reducing five to four rise and stand

19 until you're counted.

20

(A show of hands.)

21

GOVERNOR BUSBEE: All right. Reverse your position.

22

(A show of hands.)

23

GOVERNOR BUSBEE: All right. On the motion to

24 reduce it to four years, in the House the ayes are 16, the

25 nays are nine; in the Senate the ayes are seven and the

PAGE 94

nays are nine.

2

You know, I have to make -- now that you all have

3 taken over the Highway Board in the constitution I don't

4 understand that vote because the House is the one that elects

5 these people, they have already elected them to serve all

6 these terms, and it would give them that much more power,

7 and the Senate voted -- I don't understand the rationale on

8 that because the House selects them anyway.

9

A VOICE: That's typical, Governor.

10

GOVERNOR BUSBEE: It will go to a conference

11

"z
j:

committee

on

length of

term of

the Department of

Transportation

'2."..

~;I

A VOICE: I move we reconsider our action. GOVERNOR BUSBEE: Senator Ballard moves we recon-

14 ~:zI: sider our action. Is there a second?

15 oll

A VOICE: Which one?

"'":::I 16 .~..

(Laughter. )

zQ

17 ~

GOVERNOR BUSBEE: All right. The effect of the

18 motion would be to have another vote. There is a motion to

19 reconsider your vote. Is there a second?

20

A VOICE: Seconded.

21

GOVERNOR BUSBEE: All in favor of reconsidering your

22 action rise and stand until you're counted.

23

(A show of hands.)

24

GOVERNOR BUSBEE: All right. Reverse.

25

(A show of hands.)

PAGE 95

GOVERNOR BUSBEE: All right. It is reconsidered 19

2 to two in the House and 11 to two in the Senate.

3

Now having reconsidered, the floor is bare. We will

4 entertain a motion.

5

Representative Burruss.

6

REPRESENTATIVE BURRUSS: I move the term be set at

7 four years and the technical amendments prepared.

8

REPRESENTATIVE LEE: I second the motion.

9

GOVERNOR BUSBEE: The motion is made and seconded

10 that the term be reduced to four years and the technical

amendments alluded to be inserted by staff.

There is a second. Discussion?

Are you ready to vote?

Senator Reynolds.

SENATOR REYNOLDS: Are we just voting on the five

years or four years, or are we voting on the whole thing?

GOVERNOR BUSBEE: We're voting now to amend this by

18 reducing the term from five to four years.

19

SENATOR REYNOLDS: Parliamentary inquiry.

20

GOVERNOR BUSBEE: State your point.

21

SENATOR REYNOLDS: They said as each term of office

22 expires the Governor shall appoint a successor as herein

23 provided. Now, is that out?

24

GOVERNOR BUSBEE: If that's in there, it's sure

25 escaping me.

PAGE 96

MR. HARRIS: Mr. Chairman, that was a technical

2 change I alluded to while ago that that was a mistake, and

3 the change would put it back to they would be elected as

4 provided in the constitution.

5

SENATOR REYNOLDS: We don't have to have an amendment

6 to correct that?

7

GOVERNOR BUSBEE: That's included in what Representa-

8 tive Burruss offered.

9

You know, Carl Sanders removed the Highway Department

10 from politics by putting it in the legislature.

"z
11 j:
I.oI.I.
III
e);~i GOVERNOR BUSBEE: it from five to four.

(Laughter. ) All right. The vote is on reducing

14 !...

All in favor of reducing five to four and the

'"

:I:

15 olI technical amendments rise and stand until you're counted.

"III
::I

16 ~ zoIII

(A show of hands.)

17 :

GOVERNOR BUSBEE: Reverse your position.

18

(A show of hands.)

19

LT. GOVERNOR MILLER: We've got an eight and eight

20 vote. Let's have that vote again in the Senate.

21

GOVERNOR BUSBEE: The Lieutenant Governor wants you

22 all to vote again. I don't know which way he wants you to 23 vote, but all in the Senate that's in favor of reducing it from

24 five to four rise and stand until you're counted.

25

(A show of hands.)

PAGE 97

GOVERNOR BUSBEE: Reverse your position.

2

(A show of hands.)

3

GOVERNOR BUSBEE: All right. In the House the ayes

4 are 19, the nays were eight; in the Senate it's eight and

5 eight.

6

A VOICE: It fails.

7

A VOICE: The Lieutenant Governor votes now, doesn't

8 he?

9

SENATOR BALLARD: One senator just left. I move we

10 vote again in the Senate.

Czl

... 11 Irao:-r.:

GOVERNOR BUSBEE: All right. It goes to conference.

a~i We'll come back to this maybe after lunch after it's been further explained.

! 14 !;;

LT. GOVERNOR MILLER: Let's have another vote in the



:I:

15 .:I Senate, and everybody vote on one side or the other. We've

Cr:r:l

:;)

16 .~.. got 17 Senators out there.

az

17 :

A VOICE: Object. One man left.

18

(Laughter. )

19

GOVERNOR BUSBEE: All right. I'll tell you what

20 we're going to do. The House has expressed themselves. I

21 want the Senate to express itself and we're going to lunch.

22

LT. GOVERNOR MILLER: And everybody vote on one side

23 or the other, or leave the room.

24

GOVERNOR BUSBEE: All Senators that are on this

25 commission who are eligible and entitled to vote rise and

PAGE 98

stand until you're counted in favor of reducing it from five

2 to four years.

3

(A show of hands.)

4

GOVERNOR BUSBEE: Reverse your position.

5

(A show of hands.)

6

GOVERNOR BUSBEE: All right. It's seven to nine.

7 It goes to a conference committee.

8

All right. We're going to

9

MR. HARRIS: Mr. Chairman.

10

GOVERNOR BUSBEE: Mr. Harris.

MR. HARRIS: Mr. Chairman, the last thing that's in

the article committee's proposal itself relates to the

Veterans Service Board. The only change in that one is to

redesignate the director to have the title of commissioner

so that it would conform to basically the titles that are

given to other --

GOVERNOR BUSBEE: The only change on veterans is it

18 changes the title which sounds better, Commissioner.

19

A VOICE: Move the adoption.

20

GOVERNOR BUSBEE: All right. It's moved that Section

21 V be adopted on the Veterans Service Board. Is there a second?

22

A VOICE: Seconded.

23

GOVERNOR BUSBEE: All right. Is there objection?

24

Well, is there discussion?

25

SENATOR TATE: I have a question, sir.

PAGE 99

GOVERNOR BUSBEE: Senator Tate.

2

SENATOR TATE: There is just one question I really

3 want to ask the attorneys in charge, I wonder if you would

4 give me some rationale for guaranteeing and mandating that

5 on the veterans board all the members shall be veterans,

6 and while at the same time if I recall correctly we have two

7 specific instances where -- well, at least one instance where

8 we have a State Board of Education where we specifically state

9 that the members shall not be educators.

10

It seems to be inconsistent to me, so I'm wondering

if an attorney or a person in charge would give me the

rationale for specifying constitutionally that on the Veterans

Board all the members shall be veterans, and on the

Education Board no member shall be an educator.

GOVERNOR BUSBEE: I'll call on the Speaker and the

Lieutenant Govennor to explain that sentence.

SPEAKER MURPHY: I'd be glad to answer it for him.

18

A VOICE: Representative Wood can do that, Mr.

19 Speaker, if he wants to.

20

SPEAKER MURPHY: Go ahead, Joe. You can do it better

21 than me.

22

REPRESENTATIVE WOOD: First of all, if you didn't

23 have veterans then you wouldn't even have the need for the

24 board, and the veterans that serve on that board have a real

25 knowledge of the needs of the operation of the State

PAGE 100

Department of Veterans Service, so I would think that the

2 qualifications that one must have been a veteran and served

3 in the war be in the constitution is very much in order.

4

GOVERNOR BUSBEE: Mr. Speaker.

5

SPEAKER MURPHY: The reason I think the Veterans

6 Service Board has to be all veterans is because those are a

7 special group of people who bled, suffered and in many

8 instances nearly died for the defense of this country, and

9 they know the needs and wants and have compassion for their

10 compatriots who they served with in those holes of mud and

slop and ice and snow.

As far as the Board of Education prohibiting

educators, because then we would be having people regulate

and fix the duties and responsibilities of the people

themseles fixing their own duties and responsibilities.

GOVERNOR BUSBEE: I don't know whether that answers

all of it, but the question has been asked and answered as

18 given.

19

All right. Is there any further discussion?

20

LT. GOVERNOR MILLER: I might add a practical

21 consideration also that I can sympathize from where Dr. Tate

22 is coming from, but I think probably another practical answer

23 is there's just more veterans in Georgia than there are

24 educators.

25

GOVERNOR BUSBEE: We have all been enlightened.

PAGE 101

Are you ready to vote?

2

SPEAKER MURPHY: I'll tell you one thing, you can

3 quickly find those folks who served their 18th, 19th, 20th,

4 21st birthdays in that mud, slop and ice and know how they're

5 feeling.

6

REPRESENTATIVE WOOD: One other oommenti I think

7 very much in order is the next one you ought to appoint a

8 lady to the boarld who is a veteran.

9

GOVERNOR BUSBEE: That's right.

10

I think Senator Gillis moved the previous question.

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11

i=
.'o."....

Is

there

any

objection

to

the

previous

eJ.2i

I'm sorry. Representative Burrus. REPRESENTATIVE BURRUSS: Mr. Chairman, I move that

! 14 we strike the word seven on line 11 and insert the word four

!;;

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15 .:I and ask the staff to conform as necessary.

Cl

'":;)

16 ~...

REPRESENTATIVE LEE: Seconded .

Q

Z

17 :

REPRESENTATIVE COLEMAN: Third.

18

GOVERNOR BUSBEE: That would in effect reduce it from

19 seven to four.

20

All right. Representative Burruss has moved that

21 we reduce the term of the Board members from seven to four

22 and the staff perfect the language. Is that your motion?

23

REPRESENTATIVE BURRUSS: Yes.

24

A VOICE: Seconded.

25

GOVERNOR BUSBEE: All right. There is a second.

PAGE 102

All right. Discussion.

2

If not, is there objection?

3

Hearing none, it's adopted.

4

All right. We will be in recess until 1:15.

5

Wait a minute. Representative Burruss.

6

REPRESENTATIVE BURRUSS: Did we adopt the article?

7

GOVERNOR BUSBEE: Yes, without any objection.

8

Wait just a minute. He's right. We never really

9 we adopted the amendment.

10

Is there objection to the adoption of this section?

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11 j:
o..Il..l..:

Hearing none, it's adopted.

~;j

recessed,

(Whereupon, at 12:05 p.m. to reconvene at 1:15 p.m.

the committee meeting was in the same place.)

14 !...... <I( ::a::
15 01)
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16 ~...
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17 g

+++

18

19

20

21

22

23

24

25

PAGE 103

AFTERNOON SESSION

2

GOVERNOR BUSBEE: All right, the meeting will come

3 to order.

4

We were on Article IV. On Article IV we said we

5 would take up the boards that were in the article recommenda-

6 tions, then we would give you an opportunity if you wanted to

7 add other boards and put them into the constitution you would

8 be given the opportunity to do so.

9

I think that's the stage we're in now.

10

All right. Are there any amendments? Is Mel over

11

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j:

there?

..'o."...

@j;i

Where are we going? (Pause. )
GOVERNOR BUSBEE: All right.

You're supposed to

! 14 have two amendments that have been handed to you.

!;;
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15 .:.

One of them is by Sena-tor Greene and it' G on two

"'":::>

16 .~.. pages there front and back, and this is earmarking all of your

Q

Z

17 : trapping, hunting, fishing and all fees, earmarking all of it

18 and putting it in the constitution.

19

REPRESENTATIVE COLEMAN: What terminology is that,

20 earmarking?

21

REPRESENTATIVE LEE: Earmark it to who?

22

GOVERNOR BUSBEE: The Natural Resources Board.

23 If you need a copy of it, we'll just suspend until you get it.

24 There's two pages of it.

25

REPRESENTATIVE LEE: How does the Chairman feel

PAGE 104

about it?

2

GOVERNOR BUSBEE: I calIon Senator Greene. Here's

3 your amendment.

4

SENATOR GREENE: Governor, could we take up

5 Representative Howard Rainey's amendment, because as it stands

6 now DNR is not in the constitution, and so my amendment is not

7 germane until we first address the issue of whether or not DNR

8 becomes

9

GOVERNOR BUSBEE: All right. Representative Rainey.

10

SENATOR GREENE: I like to hear that enthusiasm

about my amendment.

GOVERNOR BUSBEE: We've got another one here. Do you

have copies of this?

REPRESENTATIVE RAINEY: Mr. Chairman, this is an

II-member board that puts the Natural Resources Board back

in the constitution, it makes it an II-member board instead

of a IS-member board selected in the same manner as the

18 Department of Transportation is selected now by the

19 legislative delegation.

20

There are a couple of changes, technical changes

21 there, one on line 5, and the same change on line 18, the

22 word Bryan County is misspelled, I ask you to change that to

23 correct the spelling, and on line 23 I ask that you change the

24 number of years from seven to four.

25

It was pointed out this morning that all we've done

PAGE 105

so far is qive legislative authority, and this is a chance to

2 get a little legislative authority back, and this would be a

3 good way to do it.

4

GOVERNOR BUSBEE: Senator Holloway.

5

SENATOR HOLLOWAY: I can seldom speak with the

6 authority of the Speaker, but I would like to make a speech

7 about this amendment, and that is ridiculous.

8

SPEAKER MURPHY: What did I do now?

9

SENATOR HOLLOWAY: I didn't say you did anything.

10 I said I could seldom speak with your authority and say this

" 11

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j:

is

not going

to happen.

I think I can say this is not going

0o:

<w>.

~;j to happen. SPEAKER MURPHY:

Which means you ain't gonna vote

! 14 for it.

I-
U:z:I 15 ~

GOVERNOR BUSBEE: The motion is, and you have this

"0:
;:)

16 ~ in front of you, this would take it away from the Governor w Q

17

Z :

?nd

put

it

elected

by

caucus

by

the

legislature

and

make

the

18 changes Representative Rainey alluded to, then it would take

19 away the confirmations as presently written that the board

20 elects the commission subject to the approval of the

21 Governor, that would be stricken and he would have more

22 input in it.

23

All right. Discussion on the amendment?

24

REPRESENTATIVE RAINEY: I would like to ask the

~ Senator a question.

PAGE 106

If he thought this was so ridiculous, and it's

2 patterned exactly after the Department of Transportation,

3 why didn't you offer an amendment changing the Department of

4 Transportation this morning when that was up?

5

SENATOR HOLLOWAY: Because the Speaker was sitting

6 up there.

7

(Laughter.)

8

GOVERNOR BUSBEE: All right. Any further discussion?

9

Senator Greene.

10

SENATOR GREENE: I have a substitute motion.

GOVERNOR BUSBEE: All right.

SENATOR GREENE: That is we put the Board of

Natural Resources back into the constitution the present way

which it is in the consitution now, except it would be a

little consistent like we've been with some others and change

the membership to 12, let this be one from each congressional

district and two at large and have four-year terms. Every-

18 thing else would be the same.

19

SPEAKER MURPHY: That's on page 11 and 12 of your

20 handout they gave you.

21

GOVERNOR BUSBEE: What are you trying to do now?

22

SENATOR GREENE: Put it back the way it is now in

23 essence.

24

The only difference, Governor

25

SPEAKER MURPHY: 41 and 42 is where the present

PAGE 107

constitution is in this handout.

2

SENATOR GREENE: The only difference from the

3 present would be 12 members for four-year terms so it would

4 just be consistent.

5

GOVERNOR BUSBEE: Let me ask you the question for

6 the interest of the members. Is this the same as the

7 present consitution but you want to put it back in the

8 constitution?

9

SENATOR GREENE: Yes. It reduces the membership to

10 twelve and a four-year term; the other two will be strictly

at large with no designated counties.

GOVERNOR BUSBEE: All right. Let me make sure I

follow your motion. Go back to the existing constitution

which is found on page 42, but you reduce the membership down

to 12 from 15.

SPEAKER MURPHY: You have the same representation

from the Coast.

18

SENATOR GREENE: My intention was to have one from

19 each congressional district and two at large.

20

GOVERNOR BUSBEE: But it would be you'd have to have

21 one from the Coast as you presently have, so what you're doing

22 is reducing it merely from 15 to 12, changing the term from

23 seven to four, and adopting the present constitution with those

24 amendments.

25

That is your motion?

PAGE 108

SENATOR GREENE: That's my motion.

2

GOVERNOR BUSBEE: Is there a second?

3

A VOICE: Seconded.

4

GOVERNOR BUSBEE: The motion is seconded.

5 Discussion.

6

SPEAKER MURPHY: Can I ask him why they want to

7 reduce it?

8

SENATOR GREENE: Mr. Speaker, the only reason I

9 suggested the reduction is because that is the posture that

10 has been taken on various conference committees that have

11

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turned

reports

and

things

back

in

such

as

the

Regents,

~g ;i School Boards and different things; it was a number that you suggested from up there in our last meeting a couple of weeks 14 I

.~.. ago about the Regents, and that was a number that was sort of

:~z:

15

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~

a

compromise.

I'm just trying to have the boards to be

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16 ~... consistent across the state, not be inconsistent

Q

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17 ::

SPEAKER MURPHY: Don't you really think it ought to

18 be an odd number, though, where they could have an even

19 divide-up and no carry an issue?

20

A VOICE: They don't all get there anyway.

21

SENATOR GREENE: I made the motion in that posture

22 because that's being consistent with all the others.

23

GOVERNOR BUSBEE: Is there any further discussion?

24

A VOICE: Move the question.

25

REPRESENTATIVE JOHNSON: Mr. Chairman, how many

PAGE 109

other boards have we left out of the constitution as proposed? 2 Any that are presently in the constitution?

3

GOVERNOR BUSBEE: Three. What are they?

4

MR. TIDWELL: Industry and Trade, DOR and

S Natural Resources.

6

REPRESENTATIVE JOHNSON: With all due respect to my

7 friend Mr. Rainey, I thought that part of our purpose in this 8 was to get the constitution where it was not going to be so 9 cumbersome, the public and at least the lawyers could under-

10 stand what it said, and as I understand the law the

constitution is going to have to be printed and advertised

and the people are supposedly going to look at it, and if this

committee thinks that the general public is going to read a

document that is that thick (indicating) then you're sadly

mistaken.

What's going to happen is that the public is going to look at this thing and say "Well, I can't read all that jazz, 18 I don't know what it says," and they're just going to turn the

19 thing down, and we need to leave a lot of them out.

20

GOVERNOR BUSBEE: The motion is that it be added to

21 the constitution as a constitutional board with those 22 provisions of 12 members and four years.

23

Any further discussion?

24

SENATOR HOLLOWAY: Appointed by the Governor?

2S

GOVERNOR BUSBEE: The same.

PAGE 110

Representative Burruss.

2

REPRESENTATIVE BURRUSS: Mr. Chairman, do we not have

3 a statutory provision for this board in addition to having it

4 a constitutional board? If we leave it out of the constitution

5 we still have a statutory board; right?

6

GOVERNOR BUSBEE: That's right.

7

A VOICE: It's not in the constitution now.

8

GOVERNOR BUSBEE: It is in the constitution.

9

They're trying to take out Industry and Trade, DOR

10 and Natural Resources, all of them over the years that have

z\:I

11 ~ just been added and added to the constitution.

~

III

~- !12 ~

SPEAKER MURPHY: There's another reason why they're

in the constitution, Governor.

14 E~

Back in the old days when you and I first came to the

-:<r:
15 ~ legislature when a Governor was elected and he didn't like \:I II: ~
16 ~ the members of the board, they were statutory boards and they
zQ
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17 were just repealed and a new board was created and he appointed

18 a new board. That's the reason they're in the constitution,

19 exactly the reason they're in the constitution where the

20 Governor couldn't come in and have the legislature do as we

21 used to do as a matter of course repeal that board, abolish

22 the board and then set up another one and the Governor would

23 reappoint him a board.

24

REPRESENTATIVE LEE: That ain't never gonna happen

25 no more.

PAGE 111

REPRESENTATIVE JOHNSON: The Governor doesn't have a

2 vote any more, does he?

3

SPEAKER MURPHY: I didn't say he wouldn't have a

4 vote, but he doesn't have as many as he used to.

5

GOVERNOR BUSBEE: Senator Greene.

6

SENATOR GREENE: Governor, it might be a cleaner way

7 to deal with this issue if we just took a vote on the issue of

8 whether or not we want to put them in the constituton instead

9 of getting locked down as to the exactness of it.

10

REPRESENTATIVE LEE: There shall be a State Board of

Natural Resources as provided by law.

GOVERNOR BUSBEE: I need a motion to be voted on.

SENATOR BALLARD: Move the question.

GOVERNOR BUSBEE: The motion is on the adoption of

the 12 and four with the amendments as stated.

Any furtiBer discussion?

If not, all those in favor rise and stand until 18 you're counted.

19

SPEAKER MURPHY: Now I've got a question.

20

GOVERNOR BUSBEE: Excuse me. Lower your hands; I

21 have a question, then we'll be ready to vote.

22

Representative Burruss.

23

REPRESENTATIVE BURRUSS: Mr. Chairman, the

24 conferees on the Board of Regents are close to agreement on

25 the membership of 12, with the idea in mind that within the

PAGE 112

next ten years we will probably have 11 congressional

2 districts.

3

It's been brought to my attention by several people

4 that it would be better to write the provision to where you

5 would have 13 now, and if and when we receive another

6 congressional seat that would still remain at 13. In other

7 words, you have one at large, and for that reason I would like

8 to amend Senator Greene's motion to read 13 members.

9

SENATOR BALLARD: Mr. Chairman.

10

GOVERNOR BUSBEE: Senator Ballard. I think you might

I!I

Z

11

i=
'.2"..

want

to

hear

Senator Ballard.

~;i

SENATOR BALLARD: What about let's putting in one from each congressional district and two at large, and that

14

~
I-

answers

all

your

problems.

'-:"zc:

15 ~
I!I

GOVERNOR BUSBEE: All right. Representative Burruss.

'";:)

a 16 !z.o.:.

REPRESENTATIVE BURRUSS: That's the point I'm trying

17 to make, Senator Ballard. If you do it that way now for the

18 next ten years we would have an even board, but then if we

19 pick up an additional House seat in the federal Congress

20 then it would become a -- to prevent the possibility of a

21 deadlock between now and the time we pick up another 22 congressional seat, it would probably be better to have the

23 odd number now with the provision that one of the at large

24 members drops out if we pick up another congressional seat,

25 and it was my understanding, Mr. Chairman, that his motion

PAGE 113

was one from each congressional district. If I'm incorrect

2 there, then I'm out of order.

3

SENATOR BALLARD: Does the Chairman vote?

4

A VOICE: No.

5

REPRESENTATIVE LEE: Chairmans don't vote.

6

GOVERNOR BUSBEE: All right. I'm ready to

7 Any further discussion?

8

SENATOR STARR: Mr. Chairman.

9

GOVERNOR BUSBEE: Senator Starr.

10

SENATOR STARR: I would submit in rebuttal to that

11 5zCI we've had a ten-member Board of Education all these years
..o....
~;I and I don't know if it's ever really caused a hangup. GOVERNOR BUSBEE: Representative Johnson.

! 14 l;;

REPRESENTATIVE JOHNSON: Mr. Chairman, if we just

<I(

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15 olI leave it out of the constitution the General Assembly can fix

CI

'";:)

16 .~.. the board at any time at any number they want to, can't they?

zQ

17 ~

GOVERNOR BUSBEE: The gentleman so states.

18

Any other discussion?

19

REPRESENTATIVE LEE: I'd like to vote on something.

20 What's before us?

21

GOVERNOR BUSBEE: Representative Burruss.

22

REPRESENTATIVE BURRUSS: Mr. Chairman, in a joint

23 meeting on the conferees on the Board of Education and the 24 Board of Regents it was agreed that the number 12 be submitted 2S to this group for approval, but at that time we were thinking

PAGE 114

about the extra congressional seat making it odd, and since 2 that time it's been brought to my attention we'll have even 3 for ten years, and then we'll be back at an odd position then,

4 and I'm trying to get across the point we can have odd members 5 of the board for both periods of time if we change it as I

6 have suggested.

7

Now, the report has not come back to the Select

8 Committee yet, but the joint meeting agreed on raising the 9 membership of the Board of Education to 12.

10

GOVERNOR BUSBEE: All right. I don't

Is there a motion?

REPRESENTATIVE BURRUSS: I'll make the motion.

I'll move that the number of members of the board

be one from each congressional district plus three at large,

and in the event we pick up another congressional seat one at

large member will be dropped.

A VOICE: You don't want to write that in the

18 constitution like that.

19

REPRESENTATIVE BURRUSS: You can put it in less words

20 than that, Mel, but you see what I mean.

21

GOVERNOR BUSBEE: It would have to be drafted to do

22 what you want to do or it won't fit in.

23

REPRESENTATIVE BURRUSS: It could be up to three at

24 large and never to exceed a total of 13.

25

GOVERNOR BUSBEE: Just so the drafters will know how

PAGE 115

to ~it this in, if you want to state your motion I think it

2 would accomplish what's been stated over here.

3

I don't care what the number is, but if it's going to

4 be 12 I would suggest that you just put one from each

S congressional district and two at large, one of whom must be

6 from Chatham, Bryan, Liberty, McIntosh or Camden County if 7 you want the Coast to have one of the members, and I think 8 that would be easier for the drafters, and I'm not suggesting 9 that you vote that way, but I just think it would be a cleaner 10 motion.

Now, if you want to make it three at large and make

it 13, it doesn't matter with me, but I'm just saying it's a

cleaner motion there, and as you're changing your congressional

districts we might pick up two congressional districts in

ten years, and if we did then you wouldn't have any problem

with it, this constitution could go on and on, and if there

were 15 congressional districts you could have two at large.

18

Who made the motion? Do you agree to that?

19

SENATOR GREENE: Yes.

20

GOVERNOR BUSBEE: Is there a second?

21

A VOICE: Seconded.

22

GOVERNOR BUSBEE: All right, it's seconded.

23

That's the motion we're considering now, then.

24 If you want to change that, Representative Burruss, it would

2S be ten plus two at large, one of which would have to be from

PAGE 116

the coastal counties I just named.

2

Now, if you want to change that number let's work

3 from there. That would give one in each congressional

4 district, though.

5

REPRESENTATIVE BURRUSS: I move that the board

6 consist of no more than 13 members, one from each congressional

7 district, one from the coastal counties, and two at large.

8

GOVERNOR BUSBEE: That's an amendment you're offering

9 to what I just --

10

REPRESENTATIVE BURRUSS: That's correct. In the

11

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event

of

a

constitutional,

I

mean

a

gain

in

another

seat

then

2...

~;I we would still have a maximum of 13, one from each congressiona district.

! 14 ...

GOVERNOR BUSBEE: All right. You heard the amendment~

'<z":

" 15 olI Is there a second to his amendment? Is there a second to :a::

16 ~... Representative Burruss' amendment?

CI

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<

17 :

SPEAKER MURPHY: I second.

18

GOVERNOR BUSBEE: All right, seconded.

19

All in favor of Representative Burruss' amendment

20 rise and stand until you'n=counted.

21

(A show of hands.)

22

GOVERNOR BUSBEE: Reverse your positions.

23

(A show of hands.)

24

GOVERNOR BUSBEE: Zero to 18 in the Senate, and the

25 House is three and 18. The amendment is lost.

PAGE 117

Now we will go back, there will be one from each

2 congressional district and two at large, one of which would

3 have to be from the coastal counties named.

4

All right. Any further discussion?

5

All those in favor of that proposal

6

Representative Johnson.

7

REPRESENTATIVE JOHNSON: Mr. Chairman, if you put it

8 in the constitution and set up the board, then you're going to

9 have to have a constitutional amendment just to increase or

10 decrease the size of the board.

If you leave it out of the constitution

GOVERNOR BUSBEE: Except for one thing. Now, if you

only pick up one congressional district it automatically would

give you an additional one under the language that you

rephrased.

REPRESENTATIVE JOHNSON: You'll have to have a

constitutional amendment to make any change in it other than

18 that. If you leave it out of the constitution, the General

19 Assembly could change it any time it needs to be.

20

GOVERNOR BUSBEE: That's correct.

21

All right. Now, then the main motion.

22

Representative Rainey.

23

REPRESENTATIVE RAINEY: I would like to amend his

24 motion. I would like to offer an a~endment to his motion

25 beginning on line 6 with the word "the" and continuing to

PAGE 118

line 22.

2

GOVERNOR BUSBEE: What are you speaking from?

3

REPRESENTATIVE RAINEY: Where the members of the

4 legislature would elect them, and that's all it would do.

5

GOVERNOR BUSBEE: You're not even speaking off this

6 sheet. We're speaking off the --

7

REPRESENTATIVE RAINEY: What I'm trying to do is add

8 this to the change, the manner of the election.

9

GOVERNOR BUSBEE: State your amendment.

10

REPRESENTATIVE RAINEY: From the amendment that Al

III Z
11 5 offered I would like to delete any reference in his amendment .o..
III
@);i that has to do with the manner of selectmon and insert there instead of that, beginning on line 6 of my amendment the

! 14 $ members of the board continuing through line 22 or 21 which

:I:

15 011 ends "selected and qualified." III

'";:)
16 ~ zaIII

What it amounts to is

17 :

GOVERNOR BUSBEE: The same as the DOT is what you're

18 saying. We have already voted I think on that once, but

19 you're asking we vote it again?

20

REPRESENTATIVE RAINEY: Not in that manner, though.

21

GOVERNOR BUSBEE: Not in that manner. All right.

22 You've had a motion made. Is there a second?

23

A VOICE: Seconded.

24

GOVERNOR BUSBEE: I think I heard a second.

25

All in favor of that amendment rise and stand until

PAGE 119

you're counted.

2

(A show of hands.)

3

GOVERNOR BUSBEE: All right. Reverse your position.

4

(A show of hands.)

5

GOVERNOR BUSBEE: All right. The House is 11 to

6 eight; the Senate is zero to 19. All right.

7

Now the procedure will be that the amendment -- I

8 reckon the amendment would fail, the amendment has to fail,

9 but if you've got a main motion we can have it, but the

10 amendment fails. It would have to be adopted by both.

11 5z~ o ~
~---i12 ~ motion.

REPRESENTATIVE RAINEY: That brings us to my original GOVERNOR BUSBEE. Do you want to move for a

! 14 sUbstitute for your whole thing? You can do that, Representa-
$
%
15 ~ tive Rainey, but if your amendment fails then we're back to the ~ ~ ~
16 ~ main motion and that's what I rule, so now we're on the main
zQ
17 :~ motion.

18

Any further discussion on that?

19

REPRESENTATIVE LEE: What is the main motion?

20

GOVERNOR BUSBEE: The main motion --

21

REPRESENTATIVE CONNELL: His was the main motion;

22 his was the substitute.

23

GOVERNOR BUSBEE: What you're trying to do now is to

24 go back not from the one from each congressional district plus

25 two at large and reducing the terms from seven to four years

PAGE 120

and having a costal representative, but you want to offer an

2 entirely new substitute to your proposal. Is that it?

3

Just state your motion for a substitute; that's all

4 I ask.

5

REPRESENTATIVE RAINEY: My understanding is his

6 motion fails, then we go back to the original which is this.

7

GOVERNOR BUSBEE: His motion has not been voted on

8 yet. The motion, the main motion that you were amending a

9 moment ago, the main motion is that you have one from each

10 congressional district, that you have two at large, and one

would have to be from the coastal area of Chatham, Bryan,

Liberty, McIntosh, Glynn or Campbell. That was the main

motion, then with the reduction in the terms from seven to

four years. That is the main motion, that's what we're voting

on.

Are there any further amendments?

Representative Lee.

18

REPRESENTATIVE LEE: I have a sUbstitute motion I'd

19 like to make.

20

GOVERNOR BUSBEE: Representative Lee.

21

REPRESENTATIVE LEE: There shall be a State Board of

22 Natural Resources as provided by law.

23

GOVERNOR BUSBEE: All right. There is a substitute

24 motion. Is there a second?

25

A VOICE: Seconded.

PAGE 121

GOVERNOR BUSBEE: The motion is seconded.

2

All right. Is there any discussion on Mr. Lee's

3 motion?

4

All right. If not, all those in favor of Mr. Lee's

5 motion 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: All right. The ayes are 17 and

10 the nays are three in the House; in the Senate the ayes are

"z

11

t=
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six

and the

nays

are

ten.

This lost.

@)~I Now we go back to the main motion again. Does everybody understand the main motion?

! 14 !;;

FEPRESENTATIVE LEE: No, sir, I don't understand it.

<l(

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15 ~

GOVERNOR BUSBEE: The main motion is there will be

"Ill:
;;)

16 .~.. one from each congressional district, and there will be two at

a

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17 : large, one of them being from the coastal counties that I

18 just read, that the term be reduced from seven to four years.

19 That is the main motion.

20

Representative Rainey.

21

REPRESENTATIVE RAINEY: Hr. Chairman, I made the

22 original motion, he offered a substitute motion, and how his

23 motion becomes the main motion I don't understand.

24

GOVERNOR BUSBEE: The motion I shouldn't say main.

25 The motion on the floor is the substitute motion that was made

PAGE 122

which I just stated, and we're voting on whether to reduce it

2 from seven to four years, and one from each congressional

3 district plus two at large, one being from the coastal

4 counties I have just named.

5

A VOICE: That ain't it.

6

GOVERNOR BUSBEE: Is there objection to ordering the

7 previous question?

8

The Chair hears none, it's ordered.

9

All those in favor of the motion rise and stand

10 until you're counted.

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11 i=
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(A show of hands.) GOVERNOR BUSBEE: All right. Reverse your position. (A show of hands.)

14 ~...

A VOICE: We're going to need three more days,

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15 oll Governor.

"II:
;:)

16 ~...

A VOICE: It stays out .

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17 :

GOVERNOR BUSBEE: All right. The status is now that

18 the substitute is lost.

19

Now we'll come back and vote on his motion to put it

20 like the Highway Board and do all these other things you're

21 talking about, take the confirmation away from the Governor.

22 Is that right?

23

A VOICE: We're with you, Rudolph.

24

GOVERNOR BUSBEE: Did I state your motion 'also that

25 after it's been elected by the legislature it won't be confirme~

PAGE 123

as presently confirmed even by the Governor.

2

All right. That's the motion. Any discussion?

3

REPRESENTATIVE JOHNSON: Mr. Chairman.

4

GOVERNOR BUSBEE: All right.

5

REPRESENTATIVE JOHNSON: Substitute motion.

6

I move that we just leave it out of the constitution

7 and save a lot of this argument.

8
9 that?

GOVERNOR BUSBEE: I think -- didn't we just vote on

10

A VOICE: He said to leave it out of the constitution

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.. 11 ;: .oa.:.

GOVERNOR BUSBEE: You're in order on that amendment.

@~j Is there a second to Representative Johnson's motion that it be just left out and be dealt with by statute?

14 ~

A VOICE: Second.

l-
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15

GOVERNOR BUSBEE: The motion is seconded.

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16 ~...

All those in -- That's the recommendation of the

Q

17

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article

committee.

18

All right. All those in favor of the motion just to

19 leave it up to the law, that is take it out -- as the article

20 committee had, just not put it in the constitution, rise and 21 stand until you're counted.

22

(A show of hands.)

23

GOVERNOR BUSBEE: Reverse your position.

24

(A show of hands.)

25

GOVERNOR BUSBEE: All right. The amendment passes

PAGE 124

16 in the House aye, five naYi in the Senate nine ayes and

2 seven nays, so it's left out as recommended by the article

3 committee.

4

All right. What's next?

5

The Chair recognizes Senator Ballard.

6

j SENATOR BALLARD: Mr. Chairman, on the executive

7 branch, Article V, Section I, working from the revised article,

8 I move that on line 8 the words "persons holding the office of

9 governor may succeed themselves for one four-year term of

10 office", and on line 11 strike the words "and have succeeded

I:l

11

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j: himself

as

heretofore

provided."

@);;..'o".... GOVERNOR BUSBEE: What I recognized you for, what I thought you were going to do was you wanted to go and dispose

! 14 ... of the term of the Governor before voting on any more of these

':"z:

15 ~ boards.

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16 .~..

SENATOR BALLARD: That's what this would do

Qz

17 g

GOVERNOR BUSBEE: First I want a question of

18 procedure. I'm going to have to suspend what we're now doing.

19

I think your motion at this time is we now go to

20 Article V and dispose of the term of the Governor so you know

21 how to vote on these boards.

22

SENATOR BALLARD: That's right. That's what I want

23 to do now.

24

GOVERNOR BUSBEE: Do you understand what he's

~ requesting that we do; is defer further action on the length

PAGE 125

of the terms of the boa~ds until you determine what you're

2 going to do about the term of the Governor.

3

Is there objection to us going on to the term of the

4 Governor as he requested to do?

5

I've got someone that asked to be recognized on that.

6

Representative Lee.

7

REPRESENTATIVE LEE: Mr. Chairman, the House

8 discussed this at length last session, and if everybody will

9 turn to page 45, the penciled 45 on the handout they will see

10 what the House did on this subject matter, and I would move

.."%
11 j:: that this committee adopt the language that the House of

o......

~ 12 ~ Representatives adopted when we considered this particular

~r~ paragraph. It will be found on page 45 of the handout.

! 14 I-

GOVERNOR BUSBEE: It's on the penciled copy, page 45

'<"l

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..15 ~ on your penciled copy of your handout on this article.
";:)

16 ~...

You have this on your handout on Article V. Make

Q

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17 : sure you have Article V, not IV.

18

REPRESENTATIVE LEE: I think that does what the

19 Senator suggested, but it's just a little better language.

20

GOVERNOR BUSBEE: What it says -- I'll read it:

21 There shall be a Governor who shall hold office for a term of

22 four years until his successor shall be chosen and qualified.

23 The Governor serving on the effective date of this constitution 24 and future Governors shall not be eligible to succeed them-

25 selves, and shall not be eligible to hold office until after

PAGE 126

the expiration of four years after the conclusion of the term

2 of office. Compensation and allowances of the Governor shall 3 be as provided by law.

4

I believe that's the existing constitution before you

5 amended it. That's the exact words.

6

SENATOR STARR: We will have a different Governor

7 when this is effective, though. That will make the next

8 Governor impossible to succeed if we do this. The effective

9 date of this consitution will be June of '83.

10

REPRESENTATIVE COLEMAN: It don't matter. That will

1:1

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11

j:
.o.I.l.l..:

just stop

him from

running

again.

~;j GOVERNOR BUSBEE: It says the Governor serving on the effective date of this constitution, which will be the next

! 14 Governor and future Governors shall not be eligible to succeed I:z;;:
15 o!I themselves and shall not be eligible to hold said office until 1:1 Ill: ;:)
16 .~.. after they have been out four years, so I think it's clear
oz
17 ::i It's the same as the old constitution.

18

REPRESENTATIVE LEE: I so move.

19

GOVERNOR BUSBEE: The motion is made. Is there a

20 second?

21

SENATOR BALLARD: I second it.

22

GOVERNOR BUSBEE: The motion is made and seconded.

23 Discussion?

24

Representative Burruss.

25

REPRESENTATIVE BURRUSS: Mr. Chairman, in an effort

PAGE 127

to try to be consistent with all these terms, we have a

2 provision in the other changes where we have changed that the

3 person holding the office at the time the change is taken

4 would have the same privileges as they had prior to that

5 in serving out the term, and in fairness to the next

6 Governor I think we wrote in a provision that that Governor

7 could succeed himself --

8

REPRESENTATIVE LEE: It don't say that.

9

A VOICE: We don't even know who the next Governor

10 is going to be.

1:1

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11 ~

REPRESENTATIVE BURRUSS: It may be me, I may decide

o.0.-.

12 ~ to run.

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rl
14!

!;;
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GOVERNOR BUSBEE: Representative Coleman. REPRESENTATIVE COLEMAN: Mr. Chairman, I think it

15 ~ will be pretty clear to whoever wins the next Governor's race

1c:r1:

::>

16 ~ if this passes that he won't be eligible to run again and will

"z

17 ~ make his plans accordingly.

18

GOVERNOR BUSBEE: Okay. Further discussion?

19

If not, all those

20

SPEAKER MURPHY: I've got something.

21

GOVERNOR BUSBEE: Mr. Speaker.

22

SPEAKER MURPHY: Mr. Chairman and members of the

23 committee:

24

I did not support the constitutional amendment

25 allowing the Governor to succeed himself, but the people of

PAGE 128

Georgia overwhelmingly passed that amendment.

2

I believe that it would be a direct slap in the face

3 of the people within only not quite five years having elapsed

4 from the time that happened until we attempt to change what

5 they did.

6

I personally think whatever we do, if we change this

7 article, that that means the constitution is dead. I don't

8 think it's fair to the people, I don't think it's fair to this

9 Governor, and I think it's something that we ought to

10 consider when we vote on it.

"z
11 j:
o.'"."-.

I have no more idea who the next Governor is going to

~;! be than you do, the woods is full of candidates, but I just don't think it's right and fair to tell the people of Georgia

! 14 ... less than five years after they've adopted something that '<"l :I:
15 .:I "You were crazy in doing what you did, we're not going to allow
"'"::I
16 .~.. you to have your will," and I think they would show you at the Q Z <l
17 : polls that they would have their will.

18

GOVERNOR BUSBEE: Senator Holloway.

19

SENATOR HOLLOWAY: Mr. Chairman, I disagree with the

20 Speaker completely. I think the people of Georgia voted

21 George Busbee a second term and not the office of the Governor 22 by a long, long shot.

23

Now, it's clearly evident what a person who wasn't

24 the right kind of person could do with an eight-year term.

25 I doubt there is a board, bureau, judge or anything else that

PAGE 129

you have not appointed or won't have appointed at the end of

2 your term.

3

I think totalitarian government is the greatest thing

4 in the world if you've got the right man, and God knows it's

5 the worst thing in the world if you've got the wrong one.

6

If we should be fortunate enough to elect another

7 Governor who leaves the footprints that you have, then we can

8 sure make it eight years later; four years later we can give

9 him another term, but let him make the track record first,

10 and I think the people of Georgia will accept this, and I

CzJ

a~111

j:
o.'"".".

strongly urge

that we

adopt

a

four-year

term.

SPEAKER MURPHY: Are you saying that this constitu-

tion is good for this trip and this train only?

! 14 I-

SENATOR HOLLOWAY: Yes, sir, exactly.

'4:"z:

15 .:
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SPEAKER MURPHY: Then it ain't worth nothing for

='">

16 .~.. nobody at no time nowhere

Q

Z

4

17 ::

SENATOR HOLLOWAY: That's where we disagree, which is

18 not unusual.

19

GOVERNOR BUSBEE: Mr. Lee.

20

REPRESENTATIVE LEE: I'm a firm believer in that two-

21 term business that was before the House the last time, and I

22 didn't get it passed with what limited influence I had, but I

23 heard on yesterday somebody admitted they might have made a

24 mistake.

25

Well, I think I probably might have made a mistake

PAGE 130

and I'll be helpful to my good friend George Busbee, and

2 that's why I move to get it back like it used to be.

3

GOVERNOR BUSBEE: That's been well put. This

4 doesn't come in until after I go out, so any further

5 discussion?

6

Representative Snow.

7

REPRESENTATIVE SNOW: Let me just say one thing.

8 This came up in almost every Governor's term; it was only in

9 yours that we passed it, and it certainly was because of you

10 that it was passed.

..zCI
11 j:

I'm not trying to blow any smoke, but that's true,

o......

e);~1 and I support the one-term concept. I didn't vote for it then because I knew it was all because of you, and

! 14 ~ 'z":

(Laughcter. )

..15 ~ CI

GOVERNOR BUSBEE: All right. Is there any objection

;;)

16 .~.. to ordering the previous question?

Q

Z 17 :

If not, all those in favor of the four-year term as

18 stated rise and stand until you're counted.

19

(A show of hands.)

20

GOVERNOR BUSBEE: Reverse your position.

21

fA show of hands.)

22

GOVERNOR BUSBEE: On the passage of the motion, in

23 the House the ayes are 14, the nays were five; in the Senate

24 the ayes were 14, the nays were three. The amendment is

25 adopted.

--------"----

PAGE 131

Next. Now let me ask you, Mr. Ballard; I want to

2 go like we said we would do. Now do you want to go -- does

3 that satisfy you to go back to the boards, or do you want to

4 proceed in Article V?

5

SENATOR BALLARD: No, that was all, just to get that

6 ready.

7

MR. HILL: All right. Paragraph II then, Election

8 for Governor, on page 1 of Article V --

9

GOVERNOR BUSBEE: No, that's not the procedure.

10 They want to dispose of that before you start the length of

zCJ

11

j:
.'o0"....

the

term of

the

boards,

and I

recognize

Senator Ballard,

@j;j and we all agreed we would like to dispose of that then look at the terms of ~he boards.

! 14 lo-n

We're going back to finish the boards. Show me

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15

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where

we

are.

'";:)

16 ~...

MR. HILL: The boards --we have been through all the

Q

Z

17 : boards.

18

GOVERNOR BUSBEE: There is no other -- I was going

19 to bring it up, there is no other suggestion.

20

We have disposed of one, now we're ready to go back

21 to Article V, Paragraph II, Section I.

22

MR. HILL: Yes, we're on page 1 of the latest

23 package on Article V, and paragraph II needs an editorial

24 revision on line 18 to say the election for Governor shall

25 be held on the Tuesday after the first Monday in November

PAGE 132

of 1986. That will be the next time there's an election

2 under this new constitution. Otherwise, there's no change.

3

SENATOR HOLLOWAY: Move the adoption.

4

GOVERNOR BUSBEE: The motion has been made Paragraph

5 II be adopted.

6

A VOICE: Seconded.

7

GOVERNOR BUSBEE: There is a second. Is there

8 discussion?

9

Hearing none, is there objection to the adoption of

10 Paragraph II? If not, it's unanimously adopted.

"z
11 o~..o..r..:
~;I package.

Paragraph III, Lieutenant Governor. MR. HILL: I think we should turn to page 46 in your Given the fact that there's already been a decision

! 14 ... made that the Lieutenant Governor should be the presiding

'0"(

15

:r
oll

officer

of

the

Senate

--

"or:
:;)
16 ~... Q Z 0(
17 :

GOVERNOR BUSBEE: Let me interrupt you just a minute. We have a meeting on the 21st, we have two more

18 meetings after that. Whoever puts the footnotes down here,

19 the penciled number of the page on them, I want them to bring

20 it by before they're Xeroxed and personally approve it as

21 Chairman before it's passed out. I'll guarantee you you're

22 going to be able to find the pages after that.

23

I can't follow this thing, it doesn't show up on my

24 Xerox. We've got better pencils, ink or Xerox than that.

25

SPEAKER MURPHY: It shows up on mine, I'll swap with

PAGE 133

you.

2

GOVERNOR BUSBEE: All right. Proceed.

3

Is there objection to letting me approve the

4 numbered pages?

5

VOICES: No objection.

6

GOVERNOR BUSBEE: All right.

7

Go ahead, MeL

8

MR. HILL: On page 46 you will see at the top of

9 the page the Select Committee version for the Lieutenant

10 Governor which was approved in 1980, and this is the draft

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11

i=
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l>.

you would want

to

refer

to

rather

than

the

original

article

~ 12 ~ committee draft since the article committee was proposing

~r~ that the Senate elect its own presiding officer, but that ! 14 decision has already been made, we retained the Lieutenant

I-

<II

15

:J: .:l

Governor

as

the presiding

officer,

so we

should work

from

.C.:l

;:)

16 .~.. Paragraph III of the Select Committee version, page 46

Q

Z 17 :

GOVERNOR BUSBEE: Mel, I don't think it's necessary

18 for you to proceed.

19

If you'll just look at your original page I think

20 they had one amendment they wanted to add that was rather

21 technical. Just take that. They wanted to add a phrase to

22 make it refer back --

23

Suspend just one minute and let the Lieutenant

24 Governor show you.

25

(Pause. )

PAGE 134

GOVERNOR BUSBEE: All right. The Chair recognizes

2 Senator Holloway.

3

SENATOR HOLLOWAY: Mr. Chairman, I would like to

4 offer an amendment to the final draft before us on page 1,

5 line 30, between the words "shall" and "have", "the

6 Lieutenant Governor shall," and then the new words would be

7 "shall be president of the Senate and."

8

That is the amendment, "shall be president of the

9 Senate, and," and of course go on to read "have such executive

10 duties as pres6ribed by the Governor" and so on.

" 11

z
j:

GOVERNOR BUSBEE: Is there

First let me have

'..o"....

~;i

this if I might; someone move to adopt Paragraph III, I'll come back and have your amendment to it.

and

14 ;
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15 oll
"'";;)
16 .~.. oz <l( 17 ::;

A VOICE: Moved. GOVERNOR BUSBEE: Is there a second? A VOICE: Seconded GOVERNOR BUSBEE: It's moved and seconded. Now

18 amendment, and your amendment is that after the word "shall"

19 be added the words "be president of the Senate and." Is that

20 correct'?

21
22 23 ment?

SENATOR HOLLOWAY: Yes, sir. GOVERNOR BUSBEE: Is there objection to that amend-

24

Hearing none, the amendment is adopted.

25

Now, the question is on the adoption of Paragraph III

PAGE 135

as amended.

2

Any discussion?

3

All right. Is there objection? Hearing none, it's

4 unanimously adopted.

5

Paragraph IV.

6

MR. HILL: Paragraph IV is the same as in the

7 present constitution except for one change of wording on line

8 5. The term "legal resident of the state" was used as opposed

9 to "citizen of the state." Otherwise this is the same as the

10 present constitution.

Iz!I
= 11 j:::
..o....

A VOICE: Move the adoption.

9;1 GOVERNOR BUSBEE: Is there a second?

The motion is made it be adopted.

! 14

A VOICE: Seconded.

I-
III
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15 .:J

GOVERNOR BUSBEE: It's seconded. Is there

=I!I
;;)

16 ~... discussion?

oz 17 :::

If not, is there objection?

Hearing none, it's

18 unanimously adopted.

19

Next paragraph.

20

MR. HILL: Paragraph VIII relating to succession to

21 executive power was clarified to specify that the Lieutenant

22 Governor would exercise the powers and duties of the Governor

23 in the event of the temporary disability of the Governor, 24 and there is a separate provision allowing for the determina25 tion of disability which we'll get to in a minute, but

PAGE 136

actually would become the Governor for the unexpired term

2 in the event of the death, resignation or permanent disability 3 of the Governor.

4

Presently in the case of the death, resignation or

5 disability of the Governor the Lieutenant Governor exercises

6 the said power to the next general election, at which time a

7 person is elected to serve out the unexpired term, but this

8 would allow the Lieutenant Governor to become the Governor

9 for the unexpired term.

10

One additional change is in Subparagraph (c) which

11

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j:

extends

to

90

days

from

the

present

60

days

the

time within

@J;;'2" 1M which a special election for Governor must be held in the
event the Speaker succeeds to the executive power.

g.?

14!...

SENATOR HOLLOWAY: Mr. Chairman, I move the adoption

':4"z(:
15 .:l of Paragraph V, Subparagraphs (a), (b) and (c).

"'~"
16 ~

GOVERNOR BUSBEE: The motion is that we adopt

1M

Q

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17

4(
:

Paragraph

V as

recommended

by

the

article

committee.

Is

18 there a second?

19

A VOICE: Seconded.

20

GOVERNOR BUSBEE: All right. There's a second.

21 Mr. Phillips.

22

REPRESENTATIVE PHILLIPS: I have a question. Under

23 this proposal if there's the death of the Governor one week

24 in office, then the Lieutenant Governor could serve a four25 year term without an election being called if we adopt this?

PAGE 137

MR. HILL: Under this proposal that is correct.

2 The committee was persuaded that the Lieutenant Governor

3 elected statewide for that position in fact is elected to

4 take over for the Governor in the event something happens to

5 him.

6

Judge Smith, did you want to add anything?

7

JUDGE SMITH: That was simply the thought that his

8 primary function as an executive officer ought to be to

9 succeed just as the Vice President of the United States would.

10

REPRESENTATIVE PHILLIPS: Under the current

z~

11

;:
o..'"....

constitution

he

serves

until

the

next general

election which

.a~i would be at a maximum two years.

Jj~

GOVERNOR BUSBEE: That's correct.

! 14

SPEAKER MURPHY: Under that, then if the Governor

~

~

<:rl

15 ~ died in the first year of his term the Lieutenant Governor

~

:'>"

16 .~.. would serve the other three years, then he would be eligible

13

Z

<l

17 ::; to run for reelection and he could serve seven years. Is

18 that correct since you changed the other one?

19

JUDGE SMITH: That was taken care of in the draft,

20 but you've changed to one term, and that was to count as a

21 term under ours.

22

SPEAKER MURPHY: If he served only two years, then he

23 couldn't offer for reelection to another term under that?

24

JUDGE SMITH: That would be the logical thing from

25 what you just did a minute ago, but in the original proposal

PAGE 138

on the two-term, if he served part of one and then a second

2 one, then he was out, so logically if he served one he would

3 be out.

4

The opposite of the coin is that if you limit a

5 Governor to four years, why do you want one who might serve

6 six or seven? That's the other side of the coin.

7

GOVERNOR BUSBEE: All right. You've got the motion.

8 Representative Milford.

9

REPRESENTATIVE MILFORD: What would happen if the

10 Governor resigned under this proposal where the Lieutenant

11

"z
j: Governor

can't

succeed

himself,

what would

happen

if

the

..'.o"..

Governor resigned two months before his term was over; would

@);; the Lieutenant Governor have to take over for that two months

14 ~ and then not be eligible to run for Governor?

t;
:I:
15 ,!)

GOVERNOR BUSBEE: If he took his oath and he was a

":':">
16 ~... candidate for Governor he would be a fool.
oz
17 : though.

He could do it,

18

LT. GOVERNOR MILLER: I think that next provision

19 would take care of that. The Speaker would become Governor

20 then.

21

SPEAKER MURPHY: I'd rather be Speaker.

22

(Laughter. )

23

GOVERNOR BUSBEE: All right. Any further discussion?

24 We need to proceed. It probably will be a little after 5:30

25 before we get through this afternoon, but we're going to move

PAGE 139

right along. I'm not rushing you.

2

Okay. Are you about ready to vote?

3

SPEAKER MURPHY: Mr. Governor, I would like to move

4 we go back to the present constitution that in the case of

S the death, resignation or disability of the Governor the

6 Lieutenant Governor would serve until the next general election

7 Then he could run for office, and I think that makes more

8 sense to me.

9

A VOICE: I second that.

10

SPEAKER MURPHY: Since we've got it where he can't

serve but one term, I don't want you to quit and me having to

go down there and run that job for two months. I like my

job better than any of you all like y'alls

GOVERNOR BUSBEE: Senator Stumbaugh. SENATOR STUMBAUGH: If we did what Mr. Speaker

recommended, now what is the present law if you ran and served

for two years, could you run again?

18

GOVERNOR BUSBEE: You could run again, right.

19

SPEAKER MURPHY: The Lieutenant Governor would serve

20 until the next general election, Senator, then he would be

21 eligible to run for reelection just like M.E. Thompson did

22 that time.

23

SENATOR STUMBAUGH: So he could have up to six years

24 under that proposal?

2S

SPEAKER MURPHY: Yes, that's correct.

PAGE 140

GOVERNOR BUSBEE: All right. I think we have a

2 motion that it be placed back as the existing constitution.

3 What was your motion?

4

A VOICE: It was the Speaker's motion; I seconded it.

5

SPEAKER MURPHY: I move we go back to the existing

6 constitution on the death or resignation of the Governor,

7 or whatever happens to him, the Lieutenant Governor would

8 serve as Governor until the next general election at which

9 a Governor would be elected.

10

GOVERNOR BUSBEE: Let me bring up one point on that,

11

uz
~

Mr.

Speaker.

I think what you're talking about is on the

'..o"....

~;I

death, resignation or permanent disability, but now you're not talking about that section we adopted about the temporary

! 14 disability?

ol:-nr

15 o!

SPEAKER MURPHY: No, just the permanent.

u

'";;;)

16 ~...

GOVERNOR BUSBEE: Okay. Do you follow that, Mel?

Q

Z 17 :

MR. HILL: Yes.

18

SPEAKER MURPHY: I'm saying in Section (b) on page 2

19 that we strike that and go back to the existing law.

20

GOVERNOR BUSBEE: All right. On Paragraph (b) he's

21 talking about going back to the existing constitution on

22 Paragraph (b).

23

MR. HILL: The existing constitution reads as

24 follows: In case of the death, resignation or disability of

25 the Governor or the Governor-elect, the Lieutenant Governor

PAGE 141

or the Lieutenant Governor-elect upon becoming the Lieutenant

2 Governor shall exercise the executive power and receive the

3 compensation of the Governor until the next general election,

4 at which a successor to the Governor shall be elected for the

5 unexpired term, but if such death, resignation or disability

6 shall occur within 30 days of the next general election, or

7 if the term will expire within 90 days after the next general

8 election, the Lieutenant Governor shall exercise the executive

9 power and receive the compensation of the Governor for the

10 unexpired term. If the Lieutenant Governor shall become a

candidate for the unexpired term of the Governor, he shall

thereby resign his office as Lieutenant Governor effective

upon the qualification of the Governor elected for the

unexpired term and his successor for the unexpired term shall

be elected at such election.

A VOICE: That's better.

GOVERNOR BUSBEE: All right. That's the existing

18 constitution. That was the motion.

19

JUDGE SMITH: It would seem to me that only read for

20 the unexpired term, which would not answer the Speaker's

21 problem.

22

In other words, he would only have two years, so you

23 have unanswered the question as to whether he could run for

24 four after being elected for a two-year term.

25

I'm only raising the question.

PAGE 142

SPEAKER MURPHY: I think, though, Judge, it says in 2 there that he can. It says in the event he runs for it --

3

JUDGE SMITH: It says if he runs for the unexpired

4 term, not for a new term. Would you start a new term on an

5 off year? I guess that's what I'm asking.

6

GOVERNOR BUSBEE: If the Lieutenant Governor were to

7 run as a candidate for the unexpired term of two years in that

8 general election, then he would not be eligible at the end of

9 that two years to run for a full four-year term under the

10 provision we just adopted.

"z
11 j:
.I.ol..l..:

SPEAKER MURPHY: It says he can serve one four-year

@);j term, and he ain't served but two years. GOVERNOR BUSBEE: I think we need to stop just a

! 14 minute because I think I'm correct when I l-

Oll
:~r

15 01) eligible to run for a full term.

"Ill:
;;)

16 ~...

(Pause. )

Czl

say he would not be

17 :

GOVERNOR BUSBEE: I think we can proceed if you'll

18 just listen just a minute and let staff draft the language

19 and we can look at it again.

20

The question is he's just the acting Governor until

21 the general election, but he can offer as a candidate for the

22 last two years of that term.

23

All right. Now if he is, then the way we adopted

24 what we previously adopted he would be barred from running for 25 a full term, and I don't think anybody is proposing that.

PAGE 143

Is there objection to just having the staff to

2 write that where it could be put together and he could run for

3 a full four-year term in the event he ran and was elected for

4 the last two years?

5

Okay. Is there objection then that we treat this

6 that the Lieutenant Governor if he were to run and be elected

7 to serve out the unexpired term of two years would be eligible

8 to run for a full term? Is there objection to the staff

9 being able to do it?

10

With that -- All right. Senator Stumbaugh.

"z
11 i=

SENATOR STUMBAUGH: You're not limiting that to two

@r:;'o..".... years, it's really any part of the unexpired term. not correct?

Is that

~ 14!

GOVERNOR BUSBEE: That's correct.

I-
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All right. Next is Paragraph VI.

"'"::;)
16 .~..

MR. HILL: Paragraph VI is the oath of office

zQ
17 g provision for the Governor, and as was true with the legisla-

18 tive branch article the specific oath to be taken was deleted

19 from the constitution and to be provided for by law. The

20 specific oath that the Governor would take is to be deleted

21 and provided for by law.

22

GOVERNOR BUSBEE: Okay. Is there a motion to adopt

D Paragraph VI?

24

A VOICE: So moved.

25

GOVERNOR BUSBEE: It's moved. Seconded?

PAGE 144

A VOICE: Seconded.

2

GOVERNOR BUSBEE: All right. Discussion? Any

3 discussion?

4

If not, is there objection to the adoption of

5 Paragraph VI? Hearing none, it's adopted.

6

Paragraph VII.

7

SPEAKER MURPHY: section II, Paragraph I, Governor.

8

MR. HILL: Yes, Section II, Paragraph I, executive

9 powers. This is on page 3.

10

GOVERNOR BUSBEE: All right. This will be at the

..zCI
11 i= top of page 3, Paragraph I.
f...
~;i MR. HILL: The chief executive powers are vested in the Governor, and the executive powers of the other executive

! 14 ... officers are stated in relationship to these powers of the

'"
:r

.15 0:1 Governor as chief executive. CI

:;)

16 .~..

I might add that this section follows the format

Q

Z
17 g that was utilized first in the 1970 proposed revision, and

18 that is why it is rearranged somewhat from what the existing

19 constitution provides.

20

REPRESENTATIVE LEE: Moved.

21

REPRESENTATIVE COLEMAN: Seconded.

22

GOVERNOR BUSBEE: It's moved and seconded. Any

n discussion?

24

The Chair hears none. Is there objection? Hearing

~ none, it's adopted.

PAGE 145

MR. HILL: Paragraph II, the Governor's law

2 enforcement powers are given a more prominent position in the

3 Section II of the proposed draft than they have in the present

4 constitution, but otherwise there's no change, it's just a

5 shift.

6

A VOICE: Moved.

7

A VOICE: Seconded.

8

GOVERNOR BUSBEE: The motion is made and there's a

9 second. Is there discussion?

10

Is there objection? Hearing none, it's unanimously

I!I

Z

11 i= adopted.
.'oG".o.

~ 12 ~

Next paragraph.

~F~! MR. HILL: Paragraph III, the Governor is designated 14 as the commander in chief of the military forces of the state

l-
v.:zc>:

15 0:1 rather than the army, navy and militia.

I!I

'"::J 16 .~..
.azc 17 ::;

A VOICE: Moved A VOICE: Seconded.

18

GOVERNOR BUSBEE: The motion is made and seconded.

19 Discussion?

20

Is there objection? Hearing none, it's unanimously

21 ao.opted.

22

Next paragraph.

23

MR. HILL: The Governor's veto power is stated here,

24 but as you know yesterday we went through all the particulars

25 of the veto provision, they were transferred to Article III

PAGE 146

and were dealt with in Article III, but there is a statement 2 here of the Governor's veto power.

3

GOVERNOR BUSBEE: All right. Is there a motion?

4

A VOICE: Moved.

5

A VOICE: Seconded.

6

GOVERNOR BUSBEE: A motion and a second. Discussion?

7

If not, is there objection? Hearing none, it's

8 unanimously adopted.

9

Next paragraph.

10

MR. HILL: Paragraph V on writs of election,

11

"z
.jo...:..

Paragraph VI

on

information

and

recommendations

to

the

General

~;i Assembly, and Paragraph VII on special sessions now appear together in one paragraph of the present constitution, but

14 ~ they have been separated here.

Ii;

:I:

15 oll

The writs of election section, there's no change in

"
;;)

16 .~.. Paragraph V .

Q

Z 17 :

A VOICE: Moved.

18

GOVERNOR BUSBEE: All right. The motion is made.

19 Is there a second?

20

A VOICE: Seconded.

21

GOVERNOR BUSBEE: Is there discussion? Hearing

22 none -- All right, there is discussion. Representative Lee.

23

REPRESENTATIVE LEE: How far did you go, Mel?

24

MR. HILL: Just to Paragraph V.

25

REPRESENTATIVE LEE: Oh, excuse me.

PAGE 147

GOVERNOR BUSBEE: All right. Please keep up with

2 us, Mr. Lee. These people are very bUsy people and we need 3 to move on.

4

Is there objection to the adoption? Hearing none,

5 it's adopted.

6

MR. HILL: All right. Paragraph VI is the same as

7 the present except for the requirement that at the beginning

8 of each regular session the Governor shall give the General

9 Assembly information on the state of the state; it really

10 just codifies an existing practice.

I!l

Z
11 j:

A VOICE: Moved.

'o.."....

@);~ SPEAKER MURPHY: Frankly I would like to see the word "shall" changed to "may" myself.

! 14

SENATOR KIDD: I would too. Put "may" instead of

l-
Oll

%
15 "shall", and put also not only the state of the State but

I!l
'::"> 16 ~... also the budget address. Why would you cut it down to one?

Q

Z 17 :;

GOVERNOR BUSBEE: I'll tell you, I wish you --

18 You know, I gave them both at one time. I think if you would

19 leave that budget thing to its own occasion you would find

20 they would just combine them.

21

SENATOR KIDD: We trained you for a long time. The

22 next Governor might not have the benefit of the training that

23 you had.

24

GOVERNOR BUSBEE: I think it would be a mistake

25 though if you had the budget message, which you're going to

PAGE 148

get this year after we get the cuts from the federal govern-

2 ment, you're going to need a separate address for that.

3

Mr. Speaker.

4

SPEAKER MURPHY: I move that on line 28 the word

5 "shall" be changed to "may."

6

GOVERNOR BUSBEE: Is there objection to changing

7 the word "shall" to "may"? If not, so changed.

8

All right. Now is there a motion?

9

A VOICE: Moved.

10

A VOICE: Seconded.

"z
11 ..ocj..r:..:

GOVERNOR BUSBEE: There's a motion made and there's

~;i a second. Is there discussion? If not, is there objection?

Hearing none, it's

! 14 ... adopted as amended .

':~z":
15 oll

Next paragraph.

"cr:
~
16 .~..

MR. HILL: There are a number of changes in this

Q

Z

17

~
:;

paragraph

on

special

sessions.

18

GOVERNOR BUSBEE: There's no change?

19

MR. HILL: There are a number of changes and I'm

20 about to go through them.

21

Number one, these provisions are restated and

22 clarified here to allow for amendments to the proclamation

23 under certain conditions, and all special sessions that are

24 called by the Governor or the General Assembly are limited

25 to a period of 40 days unless an impeachment trial is pending.

PAGE 149

In the present constitution special sessions are

2 limited to 70 days.

3

A VOICE: We ought to put 20 in there.

4

MR. HILL: This allows in Subparagraph (a) this

5 does allow the Governor to amend the proclamation convening a

6 special session either prior to the special session or with

7 a three-fifths membership approval during the session. 8 This is in Subparagraph (a).

9

You may want to take this subparagraph by subparagrap~.

10

A VOICE: Move (a) be approved.

"z
11 i=

MR. HILL: Mr. Chairman, there was a motion to

o..ll..I..:

Q~~j14! approve (a), and another motion to take it up all at once. GOVERNOR BUSBEE: Do you want to let him just explain the whole thing on that paragraph? Is there any

t:z;:
15 oll objection rather than subparagraphs and we'll just vote?

"llI:
::I

16 .~.. cz 17 :

All right. Go ahead MR. HILL: All right. Subparagraph (b), the proposed

18 provision requires a copy of the certified opinion of emergency

19 to be delivered to the Secretary of State. The proposed

20 provision gives the Governor three days to convene the General 21 Assembly before it can convene itself. This is on Subparagraph

22 (b). The present provision limits a self-convened special 23 session to 30 days in length, and there is no limitation of 24 that kind in this, so that's been eliminated, but that's in

25 (b)

"

PAGE 150

Then (c), and this will finish it up, as I said the

2 term -- I mean the length of the special session is reduced

3 to 40 rather than 70 days.

4

GOVERNOR BUSBEE: Representative Lee.

5

REPRESENTATIVE LEE: Subparagraph (c) seems like a

6 lot of verbiage that don't need to be in there and we should

7 just leave that out.

8

GOVERNOR BUSBEE: You mean the time limits?

9

REPRESENTATIVE LEE: The time limits on special

10 sessions. Why do we need the time limits?

CzI

11 j:

GOVERNOR BUSBEE: 70 days now is the limit. This

.'~"..

@;~ would reduce that to 40 days. REPRESENTATIVE LEE:

I say leave it out, the time

! 14 ... limit out entirely. Why do we need that?

:'~"r

15 ~

GOVERNOR BUSBEE: You mean just have no time limit

CI

'":;)

16 ~... on them?

aQz
17

A VOICE: Whatever you say. It's a special session.

18

GOVERNOR BUSBEE: You mean the special session would

19 last longer than the general session?

20

REPRESENTATIVE LEE: I wouldn't think so. We've had

21 very few, but say we meet here in August and on the 40th day

22 we're down to this section in the constitution, we haven't

23 quite got through, are we going to go horne after spending all

24 this time and effort or what have you?

25

JUDGE SMITH: I think the committee felt that there

PAGE 151

ought to be smme limit for the benefit of the taxpayers.

2

REPRESENTATIVE LEE: I suggest it be changed to 20

3 days then.

4

SPEAKER MURPHY: The problem is, Judge, that it's not

S a benefit to the taxpayer because if you wasn't finished

6 all the Governor would have to do is just call us right back,

7 but then you've lost the time, you've got to start allover

8 with everything you've done up to that time.

9

GOVERNOR BUSBEE: Judge, what I think you're

10 referring to, you have some legislatures that stay in session

50 weeks out of the year, they don't meet all that time, but

if you wanted to stay, there's no way the Governor could

solve it, the legislature -- I know that our legislature would

never do this, but they could stay the year round under a

provision like that.

JUDGE SMITH: Suppose we had another depression,

and by three-fifths vote they just called a special session

18 that sat every day? I mean that was the kind of thing --

19

LT. GOVERNOR MILLER: Is there no way to dissolve a

20 special session?

21

GOVERNOR BUSBEE~ There is now if the House and the

22 Senate disagree.

23

All the judge is saying I think is that if you have a

24 special session you can stay the year round as long as both

2S bodies want to do it.

PAGE 152

Presently you're limited to 70 days. If you don't

2 want to limit it to 70, just have something there.

3

REPRESENTATIVE COLEMAN: Sometimes when you put a

4 figure in like that you work toward that figure rather than

5 just finishing up when you ought to.

6

REPRESENTATIVE LEE: I would rather have 20 if

7 you're going to have a time limit in there.

8

REPRESENTATIVE COLEMAN: If you're going to put it

9 in there, put 20.

10

GOVERNOR BUSBEE: We're going to have to proceed by

@j);111

"z
i=
.o.'.."..

motion.

All right. Is there a motion to --

We'll just

take up the entire paragraph. It's been fully explained, the

! 14 t:z;: whole paragraph (a), (b) and (c), the amendments to the

" 15 ~ proposal.
'"::I

16 .~..

Representative Burruss

gQz
17

REPRESENTATIVE BURRUSS: Mr. Chairman, I'm opposed

18 to extending the call of the session after the session has

19 been called, a special session. For that reason, on page 4

20 beginning on line 2 I move to strike the words "or amended

21 by the Governor with the approval of three-fifths of the

22 members of each house after the special session is convened."

23

You see the pressure we're under now to expand the

24 call, and I think it's a mistake to make a provision to expand

25 the call once a special session has been convened.

PAGE 153

GOVERNOR BUSBEE: The motion that Representative

2 Burruss is making -- listen to this -- you add a provision

3 there that once you're in the special session and the call

4 is expanded by the Governor it has to be concurred in to expand

5 that call by three-fifths of the members of both the House

6 and the Senate. That's your motion.

7

Is there a second?

8

SPEAKER .HURPHY: I'm lost.

9

GOVERNOR BUSBEE: Wait just a minute. You mean to

10 delete it entirely amending a call while you're up here?

III

Z

11 j:
'0.o"....

REPRESENTAT~VE BURRUSS: Yes, sir.

@);~I GOVERNOR BUSBEE: Representative Burruss, I think -- I didn't realize it, but I think under what they are

! 14 ... proposing and what we now have is to expand that call, you ~ :r
15 ol) get up here and some emergency has developed while you're III '::">
16 .~.. already here, the Governor could expand it, but it would Q Z (
17 : require under the proposal a three-fifths vote of the House

18 and the Senate, but if you were to strike that provision out

19 and you were here, even if three-fifths of the House and the

20 Senate and the Governor wanted to bring up an emergency

21 matter that's come up rather than defer it until after that

22 special session and call another one, you could not do that

23 on what you're saying.

24

The only way to expand the call now would be for the

25 Governor to expand it with the concurrence of three-fifths of

PAGE 154

the House and the Senate.

2

REPRESENTATIVE BURRUSS: It's been explained. I

. 3 wi thdraw my motion.

4

GOVERNOR BUSBEE: Okay. Is there any other motion?

5

MR. HILL: This is a technical change in line 10.

6 I don't think it would need a motion if there's no objection,

7 but instead of saying three-fifths of the members elected to

8 each house, we have used the terminology throughout the

9 constitution of the members to which each house is entitled

10 to make it clear.

"z
11 j:

GOVERNOR BUSBEE: That's a technical amendment. Any

..Iol..l..:

~;I objection to the technical amendment? Hearing none, it's adopted.

14 .~..

'~"

15

:I: o!l

amended.

"Ill:
::l
16 .~..

Q

Z
17 :~l

REPRESENTATIVE PINKSTON: Move its adoption as
(Pause. ) GOVERNOR BUSBEE: Mr. Speaker.

18

SPEAKER MURPHY: I move we amend Subsection -- I

19 move that we amend Subsection (c) after the period, shall be

20 limited to a period of 40 days unless extended by three-fifths

21 vote of both bodies of the General Assembly with concurrence

22 of the Governor.

23

That gives us some way -- If you'll recall the one

24 special session we had back yonder, Mr. Collins will recall it

25 I'm sure, we stayed here over 50 days, finally adjourned

PAGE 155

without finishing our work anyway. We've got 40 days here,

2 and we got on reapportionment, and some of you recall that

3 one of them it took I believe eight conference committees on

4 the congressional reapportionment, didn't it, Senator

5 Holloway?

6

SENATOR HOLLOWAY: Yes.

7

GOVERNOR BUSBEE: All right.

8

SPEAKER MURPHY: I'm afraid we're getting ourselves

9 in a box where we'll have to come back and go through those

10 mechanics again.

zCl
.. 11 j: 'o."..

GOVERNOR BUSBEE: You would have the safeguard

~ 12 ~ under the Speaker's motion there that it would have to be

three-fifths vote concurred in by the Governor, you get to
~ @r~14! the end of the 40 days you could extend it.

1;;

:<zl:
15 .:l

Okay. That's the motion. Is there a second?

Cl
'";:) 16 .~..

REPRESENTATIVE LEE: Second .

Q

Z

17 g<l

GOVERNOR BUSBEE: The motion is made and seconded.

18 Any discussion on the amendment to Paragraph (c)?

19

If not, is there objection to the amendment?

20 Hearing none, the amendment is adopted.

21

Are there any other amendments? If not, all those

22 in favor of adoption of Paragraph VII as amended --

23

First, is there any objection to the adoption of

24 Paragraph VII as amended? Hearing none, it's unanimously

25 adopted.

PAGE 156

Paragraph VIII.

2

MR. HILL: Paragraph VIII relating to filling of

3 vacancies was amended to state that in the event of a vacancy

4 in any public office the Governor shall promptly fill such 5 vacancy, and it also provides that the person so appointed 6 will serve the unexpired term unless otherwise provided by

7 the constitution or by law.

8

SPEAKER MURPHY: I've got all sorts of objections to

9 that myself. It ought to be to the next general election.

10 We ought not to have a fellow appointed -- a guy's elected,

IzII

11

I-
..'o"....

he

takes office

in January,

he

dies

in February or March,

@;i and then him serve three years and eight months without electing, and that ain't right.

! 14 I-

I move that that be changed that he serve, the

':-z"c:

15 01) elected official serve to the next general election.

III

'";:)

16 .~..

A VOICE: I second it

Q

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17 :

GOVERNOR BUSBEE: The motion is and Mr. Speaker

18 would you accept this that the staff be able to write the

19 language, but the effect is that where you have a vacancy

20 the Governor fills the vacancy, that that last until the next

21 general election.

22

Mr. Speaker, let me bring up one thing. Would you

23 give the staff latitude and they could then come back to us?

24 I think you'll get to the point where if somebody were to die

25 like three or four days before, that that would present a

PAGE 157

problem. Let the staff recommend how that be accomplished;

2 is that all right?

3

SPEAKER MURPHY: Yes.

4

GOVERNOR BUSBEE: They'll come back and we will

5 reconsider it, but the thrust of the motion of the Speaker

6 is that we add provide, or delete and provide that the

7 appointment only be until the next general election, the

8 modification being we're going to have to have some time

9 frame if it doesn't work where somebody dies two days before

10 the general election, that the staff be directed to come back

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'o.."....

Is that all right?

~ 12 ~

SPEAKER MURPHY: Yes.

~Fi14 !

GOVERNOR BUSBEE: All right. That is the amendment. All right. Representative Snow.

1:z;;:

15 01)

REPRESENTATIVE SNOW: Would that be an election just

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16 .~.. for the unexpired term then, for the two years?

oz

17 g

GOVERNOR BUSBEE: That's correct. That's the

18 thrust of the motion; we will have to review it again when

19 the staff drafts the language.

20

Senator Gillis.

21

SENATOR GILLIS: A Representative or a Senator is

22 not a public official, is not holding public office?

23

GOVERNOR BUSBEE: Under the case law he's not, no.

24 That doesn't apply to the legislature.

25

MR. HILL: Writs of election are used to fill

PAGE 158

vacancies in the House and Senate.

2

GOVERNOR BUSBEE: All right. Billy.

3

REPRESENTATIVE MILFORD: What about local officials?

4 Are they a public official?

5

GOVERNOR BUSBEE: No, there's no change as far as

6 local officials.

7

JUDGE SMITH: It seems to me there was a gap of some

8 sort in the public officials that wasn't taken care of. I

9 can't think what it was.

10

LT. GOVERNOR MILLER: Let me ask a question on that.

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.11

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Haven't

you

got

to

appoint

to

fill

the

position o

Lieutenant

~;i Governor the way that's worded? SENATOR HOLLOWAY: Unless otherwise provided, and

! 14 !;; we've otherwise provided. I think I'm right.

:<sC:

15 0:1

GOVERNOR BUSBEE: Now with that amendment

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16 .~..

SPEAKER MURPHY: We can change that, Mr. Governor,

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17 :: right easy by saying that when any public office shall become

18 vacant by death, resignation or otherwise and the Governor is

19 required to fill such vacancy, he shall promptly fill it,

20 and that will take care of that. If the Governor is

21 required by law to fill the vacancy, he shall fill it for the

22 unexpired term or until the next general election.

23

GOVERNOR BUSBEE: Okay. Now, you have heard the

24 motion the Speaker made there. The thrust of it is the

25 Governor appoints until the next general election. We

PAGE 159

recognize there might not be enough time frame there. The

2 staff is directed to come back with a recommendation.

3

All right. That's the thrust.

4

Senator Holloway.

5

SENATOR HOLLOWAY: Where otherwise provided it

6 prevails in the constitution.

7

GOVERNOR BUSBEE: That's correct. We would have in

8 there, Senator, that where the Governor is required to appoint

9 under the law now. He is ,not required for the Lieutenant

10 Governor, so it would be covered.

I!I

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11 i=

MR. HILL: This is an omnibus provision here, though.

@;;'oG.".o. It covers not only vacancies in elected public offices, but also board members, and so it is something that's going to

14

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I-

have

to

be

worked

on

by

the

staff

because

it's

saving

us

from

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17 g of the Governor in the manner provided by the constitution,

18 and it doesn't cover just elected officials, so that we will

19 have to do some work on this and then come back with the

20 recommendation.

21

GOVERNOR BUSBEE: I think everybody understands the

22 thrust of it. All right.

23

Representative Pinkston.

24

REPRESENTATIVE PINKSTON: In Paragraph VIII(b) where

25 you're talking about in the case of death or withdrawal of

PAGE 160

the person elected and so forth, is that all the constitutional

2 officer listed there?

3

MR. HILL: That is something that we'll be getting to

4 shortly with the understanding this will have to be amended 5 when a decision is made about the other constitutional 6 officers. The article committee is recommending a change.

7

GOVERNOR BUSBEE: It's a drafting change. The point

8 is well taken, but we will come back on drafting changes at

9 the last day.

10
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11 j:
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All right. Any other questions? Is there objection? Hearing none, it's -All right. Just a minute. REPRESENTATIVE PHILLIPS: Mr. Chairman, is the

! 14 l- motion to adopt all of Paragraph VIII?

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GOVERNOR BUSBEE: Yes, this is all --

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16 ~...

REPRESENTATIVE PHILLIPS: I bring up the point in

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17 : Subparagraph (b) again down there --

18

GOVERNOR BUSBEE: Wait just a minute. We're only

19 adopting the thrust of filling vacancies until the next general

20 election. The staff is to corne back, perfect the language

21 and we're going to consider it again.

22

All right. Now Representative Phillips.

23

REPRESENTATIVE PHILLIPS: I just want to be sure

24 that when we look on line 35, page 4, that the Governor has

25 the power to appoint constitutional officers for the

PAGE 161

unexpired term, and I would like to suggest we do the same

2 for them or until the next general election.

3

JUDGE SMITH: Everybody understands that in the case

4 of a non-elected public official that you would appoint.

5

GOVERNOR BUSBEE: As the Judge said, on the non-

6 elected officials the Governor would appoint.

7

I mean the thrust is that on all the constitutional

8 officers, all of that will be covered. Let the staff just

9 draft it. Let's just vote to see that we're going to limit

10 those appointments not to the unexpired term, but until the

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11

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next

general

election,

and

if

we

do

that,

we'll

let

the

staff

draft it, bring it back and reconsider.

All right. with that, is there objection to the

!..14 adoption of the motion?

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All right. Hearing

16 .~.. just a minute .

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17 ::

Just a (Pause. )

minute.

Hold up

18

REPRESENTATIVE PHILLIPS: Mr. Chairman.

19

GOVERNOR BUSBEE: All right. Representative Phillips

20

REPRESENTATIVE PHILLIPS: Just change Paragraph (b)

21 as far as the motion for Paragraph (a) as far as appointment

22 for the unexpired term of the constitutional officers.

23

GOVERNOR BUSBEE: I think what we have here, and

24 we're going to consider all of it together, we're not going to

25 take any final action, we're going to look at all of it again,

PAGE 162

but the thrust of the motion was by the Speaker, and I was

2 looking at all of Paragraph VIII, was that these constitutional

3 officers, these people you speak of, all of them that you just

4 appoint until the next general election, taking into con-

5 sideration where you have a short time the staff will have to

6 work it out; however, that does not apply to the Lieutenant

7 Governor. The Governor will not appoint the Lieutenant

8 Governor under this.

9

They're going to redraft the whole thing is what

10 I'm saying. With that understanding I think they know how to

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11 .jo~...:.. draft it is what I'm saying.

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All right. Representative Burruss. REPRESENTATIVE BURRUSS: In following up on that,

14 ~ are we going to discuss Paragraph (b) separately? I question
V:zI:

15 : the advisability of appointing someone to replace a person

~
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16 ~III that's been elected and has not actually taken office.

17 lz:l

!'!iR. HILL: This was to prevent the need for another

18 election immediately following the election that we just had.

19 The committee --

20

REPRESENTATIVE BURRUSS: What's the law now, Mel?

21 Suppose a person has been elected in November and dies before

22 being sworn in, how is that person replaced?

23

GOVERNOR BUSBEE: He would be appointed by the

24 Governor on this until the next general election, the next

25 statewide election.

PAGE 163

REPRESENTATIVE BURRUSS: The present law.

2

MR. HILL: There would be a special election.

3

REPRESENTATIVE BURRUSS: That's what I thought,

4 there would be a special election, and I'm not sure that I

5 want to go along with the appointing these officers, a

6 successor to these offices when they haven't actually been

7 elected and begun their term.

8

MR. HILL: I'm sorry. In the present constitution

9 the Governor is allowed to fill these vacancies until the next

10 general election. There is a special exception that follows

this language in (b) under the present constitution.

I'll read it if you'd like.

REPRESENTATIVE BURRUSS: Read it.

MR. HILL: The present constitution states in the

case of the death or withdrawal of the person having received

a majority of the whole number of votes cast in an election

for any of the elected executive officers, the Governor

18 elected at such election upon becoming Governor shall have

19 the power to fill such office by appointing subject to

20 confirmation of the Senate an individual to serve until the

21 next general election, at which time a successor shall be

22 elected.

23

GOVERNOR BUSBEE: There's no change. All right.

24 Any other questions?

25

If not -- Senator Holloway.

PAGE 164

SENATOR HOLLOWAY: Why wouldn't Johnny Caldwell's 2 office be included in this?

3

GOVERNOR BUSBEE: We just -- let me make it clear

4 we're going to have to come back -- all constitutional officers

5 will be placed in here on the drafting date when we come back

6 on the last day. We're just going to have to perfect it first.

7 That's already been explained.

8

All right. Any further questions?

9

A VOICE: Moved.

10

GOVERNOR BUSBEE: All right, it's moved. Is there

11

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second?

'o.."....

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A VOICE: Seconded. GOVERNOR BUSBEE: It's seconded.

Is there objection?

! 14 Hearing none, it's adopted. The staff has that direction~

t;

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15 ~

MR. HILL: Paragraph IX relating to rejected

'"";;;)
16 ~... appointments by the Governor is similar to the provisions in

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17 g the present constitution.

18

SENATOR HOLLOWAY: Similar in what different way?

19

MR. HILL: They're similar in the sense that it

20 prevents the Governor from resubmitting a name that was once

21 rejected by the Senate for a period of a year. At the

22 present time he's prohibited from resubmitting it at that

23 session, but this would prevent him from resubmitting it for

24 one year from the date of the rejection.

25

GOVERNOR BUSBEE: Any discussion on Paragraph IX?

PAGE 165

Any motion?

2

A VOICE: Move the adoption.

3

GOVERNOR BUSBEE: It's been moved. Is there a

4 second?

5

A VOICE: Second.

6

GOVERNOR BUSBEE: Seconded.

7

SENATOR GILLIS: I want to discuss it.

8

GOVERNOR BUSBEE: All right, discussion.

9

SENATOR GILLIS: If the Senate rejects a man, then

10 the Governor can reappoint him the next year, and then the

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11

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Senate

has

~ot to

reject

him again?

Is that the way you're

@ r l12 ~ writing it now? GOVERNOR BUSBEE:

I think -- I don't know this,

! 14 Senator Gillis -- I think the purpose of this is I would have !;;

%

15 the right, saying going out of office I could appoint

"Ill:
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16 ~... somebody, it could be rejected, and the next Governor coming

zQ

17 ~ in to make the appointment, he could submit that same name

18 a year later. I don't know what we're changing, but that

19 would be a change.

20

SENATOR GILLIS: Governor, if you appoint him in your

21 first year in office, you can appoint him every year there-

22 after.

23

GOVERNOR BUSBEE: I think the way it is now, if he's

24 ever rejected like

25

SPEAKER MURPHY: No, it isn't. He cannot resubmit

PAGE 166

him that session.

2

GOVERNOR BUSBEE: For that session.

3

SPEAKER MURPHY: For that session.

4

A VOICE: He can the next year?

5

SPEAKER MURPHY: Yes, sir.

6

GOVERNOR BUSBEE: Read the present law.

7

MR. HILL: The present constitution reads: A

8 person once rejected by the Senate shall not be reappointed

9 by the Governor to the same office during the same session

10 or the recess thereafter.

GOVERNOR BUSBEE: This would extend it further than

that for a year.

Senator Bell.

SENATOR BELL: Just a question about language.

It says shall not be reappointed, in the present constitution

it says he shall not be renominated for appointment. Could

there be an instance where the Senate would reject and that

18 leave that open, that position vacant, could the Governor then

19 appoint somebody to serve until the following year at which

20 time the Senate would reject him or accept him, but he would

21 have been in that office all the time?

22

GOVERNOR BUSBEE: I don't see any change. The only

23 change from the present law is it says you cannot resubmit

24 that person's name during that session or any special session.

25 This would extend that for a year. Is that right?

PAGE 167

MR A HILL: Yes.

2

SENATOR BELL: Let me ask it this way. If a vacancy

3 occurs in June and the Governor appoints a person to fill that

4 vacancy, does he fill it until the following -- all that time

5 until January when the --

6

SPEAKER MURPHY: He serves in that position until

7 the Senate gets to the confirmation. If the Senate refuses

8 to confirm him, he no longer serves and the Governor has to 9 appoint somebody else. He could wait thirty days when you 10 left to come home to appoint somebody, but he could not submit

that name to you during the session under this law, he couldn't

submit it to you within a year from now.

SENATOR BELL: I'm not talking about submitting the

name now, I'm talking about actually exercising the authority

of office.

SPEAKER MURPHY: As I understand the law, he would

not be eligible to serve after you refused him, whatever it 18 is you all do to confirm, refused to confirm him.

19

SENATOR BELL: The reason I asked the question, Mr.

20 Speaker, is the language they read while ago said shall not be

21 reappointed to office. The language in the new constutition

22 says shall not be renominated.

23

MR. HILL: The committee really intended to clarify

24 the intent of the existing language. The existing language in

25 the view of the committee intended to mean nomination,

PAGE 168

rejection of a nomination, not an appointment.

2

SENATOR BELL: You've looked at it. You're

3 satisfied that it clears up the language; is that what you're

4 saying?

5

MR. HILL: That was the intention.

6

GOVERNOR BUSBEE: All right. Any further discussion?

7

A VOICE: Move its adoption.

8

A VOICE: Seconded.

9

GOVERNOR BUSBEE: It's been moved and seconded. Is

10 there any further discussion?

"%
11 i= ~

If not, is there objection to the adoption of the

a ; ;2... paragraph? Hearing none, it's unanimously adopted. Next paragraph.

! 14 I-

MR. HILL: This is similar to the present constitu~

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15 tion, it's not identical. It extends the Governor's authority

"~
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16 .~.. to require information in writing to all other officers and

a

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17 g employees of the executive branch as opposed to the

18 constitutional officers only, and it does delete a sentence

19 that's in the present constitution which reads as follows,

20 This has been deleted: The General Assembly shall have

21 authority to provide by law for the suspension of any

22 constitutional officer or department head from the discharge

23 of the duties of his office, and also for the appointment of

24 a suitable person to discharge the duties of same.

25

Judge Smith's committee felt that this particular

PAGE 169

language had the potential of running afoul of the separation

2 of powers doctrine and was not necessary. Also it was made

3 known to them that there was only one statute that's ever

4 been encated pursuant to this authority since it was put in

5 the constitution in 1945.

6

SENATOR HOLLOWAY: Move the adoption.

7

GOVERNOR BUSBEE: The motion is made that we adopt

8 it. Is there a second?

9

A VOICE: SSconded.

10

GOVERNOR BUSBEE: There is a second. Is there

11

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discussion?

'o.."....

If not, is there objection?
@j;j adopted.

Hearing none, it's

14 ~

SPEAKER BURPHY: wait a minute. You all are carrying

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16 .~..

GOVERNOR BUSBEE: We'll reconsider .

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SPEAKER MURPHY: You're carrying me a little fast

18 here.

19

As I understand the law here now the General Assembly

20 can provide by statute if an officer isn't doing his job under

21 certain circumstances which he can be suspended from that job.

22 Is that right? Is that the law now, Judge?

23

JUDGE SMITH: I believe there's a general law to that

24 effect. It never has been made specific.

25

SPEAKER MURPHY: If we take this out now the only

PAGE 170

thing left for me to do would be to impeach him, would it not?

2

JUDGE SMITH: Mel, wouldn't there be a general law

3 on removal from office?

4

The problem here, if you have an elected executive

5 department official, can the General Assembly throw an

6 elected constitutional executive official out of office?

7 I mean that's the problem.

8

GOVERNOR BUSBEE: What he's saying is you can impeach

9 somebody now, but under the provision they had under that old

10 '45 statute the legislature could without impeaching him remove

..,

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11

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an

agricultural

commissioner.

~;I SPEAKER MURPHY: without that, then, if we had a constitutional officer who has become mentally impaired and

! 14 .I:.-r. unable to serve, we wouldn't have any way to suspend him.

15 .~.,

JUDGE SMITH: I think somewhere else, Mel, you've

'";;)

16 .~.. got this ability covered .

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17 ~

MR. HILL: There's disability in Section IV. If

18 that would happen, we could take care of that pursuant to the

19 procedure in Section IV which we're going to get to shortly.

20

JUDGE SMITH: The point was he's been elected

21 statewide by a mandate of the people, and whether the

22 legislature can undo that mandate simply by throwing the

23 rascal out of office is the problem.

24

GOVERNOR BUSBEE: Let me point out what the judge

25 is talking about. You haven't gotten to it yet, Mr. Speaker,

PAGE 171

it's over on page 7, you have a method whereby for removal

2 of these constitutional officers once they're elected for

3 disability and all just like you do now for the Governor.

4 You also have a provision for impeachment if there's something

5 wrong.

6

Over and beyond that, though, this would give you

7 authority under the proposal it would give you the

8 authority to just remove him whether he's disabled or not,

9 whether he's subject to impeachment or not after he's been

10 elected by the people.

MR. HILL: The proposal would remove that authority.

GOVERNOR BUSBEE: That's correct. You would still

have the authority under disability, impeachment and so forth.

JUDGE SMITH: I don't know whether it's ever been

tried, but it doesn't make any sense the way it was. It didn't

to the committee.

SPEAKER MURPHY: You may be right. Go ahead.

18

GOVERNOR BUSBEE: Okay. The Speaker has no further

19 question on it.

20

Is there objection to the adoption of Paragraph X?

21 All right. Hearing no objection, it's adopted.

22

Let me ask you what the pleasure of the commission

23 is. Would you like to take a little recess now for a minute

24 before we go into Section IlIon other elected officials?

25

VOICES: Yes.

PAGE 172

GOVERNOR BUSBEE: We have a difficult time getting

2 everyone back in here.

3

A VOICE: You'd better stay, then.

4

A VOICE: Let's go on.

5

GOVERNOR BUSBEE: I'll tell you what we could do.

6 I believe we can get through with this thing in fifteen

7 minutes, we only have a few pages here.

8

All right. The will is to continue.

9

Section III. Let's move on, I don't think we have

10 much controversy left in this. We might could get through it

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11

i=
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in

fifteen

minutes.

Let's proceed.

~;!

Paragraph I, Section III. Is there any change in Paragraph III?

! 14 ~

SPEAKER MURPHY: We're still talking about some of

III

:I:

15 olI your powers here.

":'>"

16 .~..

GOVERNOR BUSBEE: Ain't much left .

Q

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17 :J

SPEAKER MURPHY: Paragraph X here says the Governor

18 may require information in writing from constitutional officers

19 and all other officers and employees of the executive branch

20 on any subject --

21

GOVERNOR BUSBEE: I have that authority now under

22 the constitution, yes, sir, but all you do is --

23

SPEAKER MURPHY: You can require the information,

24 but without some other provision you ain't got no way to make

25 them give it to you. You can require all day long, but if

PAGE 173

you ain't got some way to make them give it to you, you're

2 wasting your time. I think that may be the purpose of the

3 other provision is what I'm trying to say. This leaves you

4 where you can require it but you've got no way to force them

5 to give it to you.

6

GOVERNOR BUSBEE: I have mandamus. I ain't concerned

7 about it.

8

SPEAKER MURPHY: You're about through, I guess you

9 ain't concerned.

10

GOVERNOR BUSBEE: If you have a constitutional thing

saying that whoever the Governor is -- I'm not being light

about it, but you do have a mandamus. If you want to give a

penalty I don't care, you can go on and provide it that if

you don't give it to the Governor he can be impeached.

A VOICE: Go ahead.

GOVERNOR BUSBEE: Section III, Paragraph I. Go ahead

Mel. They want to roll.

18

MR. HILL: There have been a number of significant

19 changes in this Section III.

20

The committee to revise Article IV and V as did the

21 committee to revise Article VIII recommended that the State

22 School Superintendent be appointed rather than elected. The

23 conference committee on the State School Superintendent is out,

24 but the sense of the body was that the School Superintendent

25 be elected, so that if that is the final word and the committee

PAGE 174

approves that, the State School Superintendent would have to 2 be added back into this list.

3

Also the committee recommended that the Comptroller

4 General not continue to be an elected executive officer under

5 this constitution, and depending on the will of the committee

6 here the Comptroller General is to continue to be an elected

7 officer he too would have to be added back here.

8

Thirdly, the committee, Judge Smith's committee

9 recommended that district attorneys should be considered

10 executive officers and put into the executive article.

8);1"z 11 i= ..'o"....

Now, since their committee met, the judicial article

committee has met, and they are recommending that the DA's

be in the judicial article as they are at present, so you

! 14 have three issues to resolve in Paragraph I, the issue of

I-

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15 ~ the State School Superintendent, the Comptroller Generel and

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16 ~... the DA's .

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17 :i

REPRESENTATIVE SNOW: I've got a motion.

18

GOVERNOR BUSBEE: All right. Representative Snow.

19

REPRESENTATIVE SNOW: Let me try to simplify two of

20 those sections, that would be on Paragraph IV and Paragraph V

21 by requesting or moving that they be moved to the judicial

22 article of the constitution. That would take care of the

23 attorney general and the district attorney, and we remove

24 them from the executive branch.

25

GOVERNOR BUSBEE: You were saying put the last

PAGE 175

sentence of Paragraph I which is the DA's, go overrto the

2 judicial article?

3

REPRESENTATIVE SNOW: Yes, no mention of the DA's

4 or the Attorney General in the executive department, and move

5 them to the judiciary article.

6

A VOICE: Second.

7

REPRESENTATIVE SNOW: They don't need to be in both

8 places, that's all I'm saying, and that's the Attorney

9 Generals and the DA's are all in agreement with that.

10

GOVERNOR BUSBEE: To be placed in the judicial

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11

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article?

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REPRESENTATIVE SNOW: Yes. GOVERNOR BUSBEE: All right.

And you say the

! 14 ... Attorney General wants to be in the judicial article?

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REPRESENTATIVE SNOW: Yes. In other words

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16 ~...

GOVERNOR BUSBEE: The motion is that on Paragraph I,

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17 :i the last sentence, the DA's and also the Attorney General,

18 which would be all of Paragraph IV that we defer action on

19 that to be deleted and considered with the judicial article.

20 Is that your motion?

21

REPRESENTATIVE SNOW: That's the motion, yes, sir.

22

GOVERNOR BUSBEE: Is there a second?

23

A VOICE: Seconded.

24

GOVERNOR BUSBEE: The motion is seconded. Any

25 discussion?

PAGE 176

JUDGE SMITH: Should I explain why we did it?

2 I was going to say we spent a lot of time on this, and I don't

3 think there's any question but that by function the Attorney

4 General and the District Attorneys are executive officers.

5 You've got them in bed with the people before whom they appear

6 as advocates. If you put them in the judicial article you've

7 got the judge and the one side of the case on the same side,

8 and we felt by function, and I don't think there's any question

9 about it, the Department of Justice for example is purely an

10 executive office, and I realize that the thing sort of grew

11

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like

Topsy,

but

I

don't

think

there's

any question

but

by

@j);1..'o".... what they do they are representatives of the executive branch of government.

! 14

Now, it was proposed by the committee that they

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17

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over

there,

but

that's

the

reason

for

it.

18

You've got them in bed with the courts which puts

19 them all on one side.

20

GOVERNOR BUSBEE: Representative Snow.

21

REPRESENTATIVE SNOW: Please be assured I don't care

22 whether they're in the judicial article or in the executive

23 article, it makes absolutely no difference, but the Attorney

24 General has asked to be in the judicial article and taken out

25 of the executive article. He came to the committee to do that.

PAGE 177

Now, if you want to keep him in this article, fine,

2 but then the Attorney General and all of his deputies are

3 going to be contacting you about it, and you're going to have

4 to put up with the man for a while, and that suits me just

5 fine.

6

And the DA's are the same way. They want to be in

7 the judicial article. That's why I'm moving it.

8

If we put them in here, I don't want them in the

9 judicial article. Now, we don't need them in two places.

10

GOVERNOR BUSBEE: We would agree with you,

l:I

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11

~
.'o."....

Representative

Snow.

I don't want to misinterpret your

@);.~ motion.

You made a motion, but with lack of enthusiasm; is

14

~
I-

that

it?

'"

:t

15 ~
"'";;;)

REPRESENTATIVE SNOW: That's absolutely correct.

16

~...
oz

Hell

no,

I

don't care

17 :

GOVERNOR BUSBEE: Did you want to say anything, Mr.

18 Speaker?

19

SPEAKER MURPHY: I think he's capitulating, aren't

20 you, Mr. Snow?

21

REPRESENTATIVE SNOW: No, sir, I'm not. I'm again

22 saying fine, if you want to keep them here then you're going

23 to be the ones now to put up with all the deputies and every-

24 body coming over talking to you.

25

GOVERNOR BUSBEE: I think I can bring this to a

PAGE 178

conclusion.

2

He made a motion with. not much enthusiasm, and I've

3 heard no second. I'm listening, I hear none. It dies for

4 lack of a second.

5

Now we go back.

6

REPRESENTATIVE LEE: I have a motion.

7

GOVERNOR BUSBEE: All right. Representative Lee.

8

REPRESENTATIVE LEE: That we add to Paragraph I of

9 Section III, State School Superintendent and the Comptroller

10 General.

\:J

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11 j:

A VOICE: I second it.

@;;o..'.".... A VOICE: I second the Comptroller General. know about the other one.

I don't

! 14

REPRESENTATIVE LEE: If the group wants to express

t-

V>

15

:r olI

themselves

in each one,

I

will make

the School

Superintendent

\:J

16

'";;) ~...

first.

Q

Z 17 ::

GOVERNOR BUSBEE: I think the effect of your motion

18 is you want to ensure that the -- you want to put these into

19 the cons.ti tution, the Superintendent and the Comptroller

20 General?

21

SPEAKER MURPHY: Have we determined whether or not

22 we're going to recommend the School Superintendent is going to

23 be appointed or elected?

24

GOVERNOR BUSBEE: That conference committee is out.

25

A VOICE: It's been pretty well determined.

PAGE 179

REPRESENTATIVE COLE~1AN: We made our position clear

2 earlier.

3

SPEAKER HURPHY: If the School Superintendent is

4 going to be elected, he ought to be a constitutional officer.

5 If he's going to be appointed, he ought not be a constitutional

6 officer. That's just the way that is.

7

GOVERNOR BUSBEE: Let me ask you this. Let's just

8 treat this until we get that that if you put him in, then

9 whatever we do when we get to consideration on this, if he's

10 elected then he'll be a constitutional officer is what you're

zCl

11

l-
eo....<..

saying.

~ 12 ~

REPRESENTATIVE LEE: I think the committee is ready

~J~ to report.

! 14

GOVERNOR BUSBEE:

I-

The motion is we add to this the

'~ :"z:

15 ~ Superintendent of Schools and the Comptroller General.

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16 ~...

All right. There is a second. Now discussion

Q

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17 ::;

HR. HILL: The committee recommended also that if

18 the ComptrolJer General were retained that the name of the

19 office be changed to Commissioner of Insurance to more

20 accurately describe the primary duties that this office has.

21

Now, this was over the objections of the Comptroller

22 General, but the committee itself did recommend that that

23 name be changed.

24

A VOICE: He has other duties besides insurance.

25

JUDGE SMITH: The theory is the average voter doesn't

PAGE 180

know what he's voting for, and I believe that the testimony

2 was that over 90 percent of the functions of that office

3 relate to insurance. I think fire marshalls and small loans

4 or something made up the balance of it, but that is his

5 primary job, and if the people are going to elect they ought

6 to elect an Insurance Commissioner because that's what he

7 does.

8

GOVERNOR BUSBEE: All right.

9

REPRESENTATIVE MULLINAX: Does anybody know the

10 rationale as to why these two were dropped from the listing,

11

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;:
<..o..r..:

why

the

committee

themselves

made

this

decision?

~;I

JUDGE SMITH: Yes. REPRESENTATIVE MULLINAX: What was the rationale on

! 14 ..:..r..: that, that both the School Superintendend at the Comptroller

15 .: General

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16 ~...

JUDGE SMITH: First with the School Superintendent

Q

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17 : you have the problem of who is responsible. You've got an

18 elected School Superintendent, and your School Board, and who's

19 in charge.

20

Now, a lot of counties have run into this and

21 therefore have changed from an elected county superintendent

22 to an appointed one.

23

Also, it should be a professional job instead of a

24 political job. You could have a very fine State School

25 Superintendent who might today be in Michigan, and if he

PAGE 181

were brought in here by the State School Board he could

2 function as a professional; he could never be elected.

3

A VOICE: 1"]e were talking about the State School

4 Superintendent, not local school boards.

5

JUDGE SMITH: We're talking about the State School

6 Superintendent. That was the reason.

7

In the case of the Comptroller General, it is more

8 and more a technical job, and it was felt that you could get

9 a professional actuary or whatever it is that's qualified for

10 the job much easier by appointment than trying to persuade

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11 .cI.o..r-..: one of those people to run for office.

~;~

REPRESENTATIVE COLEMAN: Move the previous question. GOVERNOR BUSBEE: Let me ask you this to make sure

! 14 I..-. the motion is correct. You wanted to put in Insurance

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16 .~..

REPRESENTATIVE LEE: As constitutional officers

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17 :

GOVERNOR BUSBEE: The motion is the Insurance

18 Commissioner and the Superintendent of Schools be place in

19 here as constitutional officers.

20

MR. HILL: IS the name change part of this proposal?

21

REPRESENTATIVE LEE: I said Comptroller General;

22 that's all I know, and I know what he does. The Comptroller

23 General-Insurance Commissioner if you want to enlarge on it,

24 put that on the ballot and it will take four lines.

25

SPEAKER MURPHY: May I ask a question?

PAGE 182

GOVERNOR BUSBEE: Hr. Speaker.

2

SPEAKER MURPHY: Mr. Lee, do you agree that if

3 the School Superintendent is appointed he should not be a

4 constitutional officer?

5

REPRESENTATIVE LEE: I absolutely agree with that,

6 but I'm f~r electing him myself.

7

GOVERNOR BUSBEE: We're not determining that now.

8 We can think about it. I don't know that there's any big

9 problem.

10

REPRESENTATIVE LEE: If that judgment is made later

11

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j:

down

the

road,

he

would

have

to

come

out

of

here

if

he's

'2."..

~;~ appointed. SPEAKER MURPHY;

Don't you think the first thing to

! 14 ... do is make the decision how we're going to get him when that

15

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01)

committee

gets

around

to

meeting?

:"'"l
16 ~...

REPRESENTATIVE LEE: Yes, sir, but we're at the

Q

17

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~

section

now

where

we're

naming

the

constitutional

officers,

18 and if he's going to be elected and run statewide he ought to

19 be a constitutional officer. That's the only thing I'm saying.

20

REPP~SENTATlVE ROSS: Mr. Chairman.

21

GOVERNOR BUSBEE: Representative Ross.

22

REPRESENTATIVE ROSS: Nr. Chairman, we have agreed

23 on a conference committee report on the election of the State

24 School Superintendent. I think Senator Starr has that report.

25

GOVERNOR BUSBEE: We're going to take all those up

PAGE 183

on the 21st.

2

~~at I'm saying, I don't think this is any problem.

3 I think everbody here knows that if the man were to be

4 appointed, which I'm not suggesting, but if he were he would

5 corne out, so let's just go on and proceed on this.

6

All right. Now, what about the name for the

7 Comptroller General? Do you want to put it as they suggested

8 for his primary function, or how do you want to handle it?

9

A VOICE: Insurance Commissioner.

10

REPRESENTATIVE LEE: Commissioner OD Insurance.

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11 i::
'o.."....

GOVEP~OR BUSBEE: The motion is, and there is a

~;~

second, that the Commissioner of Insurance and the Superintendent of Schools be placed at this point as constitutional

14 ~ officers.

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All right. Is there further discussion?

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Is there objection? If not, they're unanimously

17

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placed

in.

18

MR. HILL: Now the DA question is still outstanding.

19

GOVERNOR BUSBEE: I don't think there's any --

20 It's in right now.

21

REPRESENTATIVE PINKSTON: The same language ought to

22 go in Paragraph II also, should it not, on qualifications?

23

GOVERNOR BUSBEE: That's a technical amendment.

24 That's true. We're just on Paragraph I, but you're correct.

25

All right. Any further discussion on Paragraph I?

PAGE 184

Is there objection? Hearing none, it's adopted.

2

Now Paragraph II. Is there any objection to

3 making the technical change necessitated by your previous vote

4 on Paragraph II? Hearing none, it's approved.

5

All right. Paragraph II.

6

MR. HILL: I did want to mention in Paragraph II

7 now the residency requirement was changed to four years from

8 the present residency requirement of six years for the other

9 elected executive officers.

10

Then (b) and (c) of this paragraph relate to the

Attorney General and the DA, and so that's all part of this.

Was this just approved?

Governor, has Paragraph II been approved?

GOVERNOR BUSBEE: We're going to approve it now.

Is there a motion to adopt Paragraph II with the technical

change?

A VOICE: I move.

18

GOVERNOR BUSBEE: There is a motion.

19

A VOICE: Seconded.

20

GOVERNOR BUSBEE: It's seconded. Any discussion?

21 If not, is there objection?

22

Hearing none, it's unanimously adopted.

23

Paragraph III.

24

MR. HILL: All right. Paragraph IlIon the powers

25 and duties, compensation and allowances of other executive

PAGE 185

officers is essentially what we have in the present

2 constitution with the addition of the DA's again, and an

3 allowance in the case of the DA's for the local supplements

4 to their compensation in the last sentence of that paragraph

5 would allow the local supplements to continue for the DA's,

6 and most of them have these.

7

GOVERNOR BUSBEE: All right. Anything else on

8 Paragraph III?

9

Do I hear a motion on Paragraph III?

10

A VOICE: So moved.

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~;i

GOVERNOR BUSBEE: Moved. Second? A VOICE: Second. GOVERNOR BUSBEE: It's seconded. Discussion?

14 ~

Hearing mne, is there objection? If not, it's

I-
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cz

Paragraph IV

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17 :::

MR. HILL: These are the duties of the Attorney

18 General which have been moved over from Article VI.

19

A VOICE: Moved.

20

A VOICE: Seconded.

21

GOVERNOR BUSBEE: The motion is made and seconded.

22 Discussion?

23

If not, isthere objection? Hearing none, it's

24 adopted.

25

Paragraph V.

PAGE 186

A VOICE: Moved.

2

MR. HILL: Same provisions, but moved over from

3 Article VI, except there is a new addition about immunity of

4 the DA's, which is the last sentence of Paragraph V which

5 states that the DA's shall enjoy such immunity from private

6 suit as is necesssary for the performance of their duties.

7

There was some concern on the part of the DA's that

8 if they were moved from the judicial article the might lose

9 certain judicial immunity that they now enjoy, and that is

10 why this last sentence was added here.

1:1

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11 j::

GOVERNOR BUSBEE:

'o.."....

~;~ a motion? A VOICE: Moved.

All right.

Paragraph V.

Is there

! 14

GOVERNOR BUSBEE: Second?

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15 .:l

A VOICE: Seconded.

1:1
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16 .~..

GOVERNOR BUSBEE: Discussion? Is there objection to

Q

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17

~
:

the

adoption

of

Paragraph V?

Hearing none, it's unanimously

18 adopted.

19

REPRESENTATIVE SNOW: May I make one observation?

20

GOVERNOR BUSBEE: All right. Representative Snow,

21 an observation.

22

REPRESENTATIVE SNOW: Well, I really am questioning

23 the feeling of the committee. It is the feeling of the

24 committee that the Attorney General and the DA's stay in the

25 executive article, that they will not be in the judicial

PAGE 187

article?

2

GOVERNOR BUSBEE: They won't be in both.

3

REPRESENTATIVE SNOW: They will not be in both, and

4 we can direct the staff to remove them from the judiciary

5 article at this time?

6

GOVERNOR BUSBEE: We'll get to that when we get to it.

7 It will be very easy.

8

REPRESENTATIVE SNOW: It's in the latter part of the

9 article, and I'm afraid that you folks are going to have me

., 10 so frustrated by the time we get to it I might forget about it

z

11 ie..o=..x..:

GOVERNOR BUSBEE: We'll remind you.

~ 12 ~

SPEAKER MURPHY: I'm going to try to keep you

~g r~~ frustrated, I promise.

14 ...

REPRESENTATIVE SNOW:

I know that .

':"r

15 ~

GOVERNOR BUSBEE: All right, Section IV, disability

~

j

16 ~... of executive officers . cz

17 :

A VOICE: Moved.

18

MR. HILL: Section IV is a complete reorganization

19 and restatement of Section IV of the present constitution.

20

REPRESENTATIVE COLEMAN: Move we adopt it.

21

MR. HILL: We have to make the same additions of

22 course in Paragraph I, and in Paragraph II the number of

23 petitioners was reduced from four to three really because the

24 number of elected executive officers was reduced by the earlier

25 decision of the committee, so under the circumstances you may

PAGE 188

want to go back to four.

2

The draft allows upon a petition of three of the

3 elected executive officers.

4

GOVERNOR BUSBEE: I think it would be in order. Let

5 me ask you since you've added these people back, do you want

6 to go back just like it is from three to four?

7

Is there any objection to that?

8

A VOICE: So moved.

9

GOVERNOR BUSBEE: Okay, it's moved. Is there

10 objection? If not, it's four.

~

11 "~
ro.r..: 12 ~

Excuse me. Representative Burruss. REPRESENTATIVE BURRUSS' Since we added the

~-

~ Comptroller General and the School Superintendent back. are

! 14 ... their qualifications presently outlined in the constitution?
15 ':~ ~"r If they aren't, do we not need to go back and add them into

"rr:
::>

16 ~... this section?

Q

Z

17 :~

GOVERNOR BUSBEE:

It will be by law, their qualifica-

18 tions would be.

19

REPRESENTATIVE BURRUSS: You put the qualifications

20 of some of the others into this document we're working on, and

21 I can't find the qualifications in the old constitution, so I

22 don't know whether the qualifications --

23

GOVERNOR BUSBEE: The Comptroller General, the

24 Agriculture Commissioner, the Superintendent of Schools, all

25 this is by statute. There is no constitutional provision.

PAGE 189

REPRESENTATIVE BURRUSS: That's what I wanted

2 answered. Thank you.

3

MR. HILL: The residency requirement -- I indicated

4 that there are some qualifications. The residency requirement

5 was changed to four rather than six years, but otherwise it is

6 provided by law.

7

Now, the Speaker and the Lieutenant Governor were

8 added in Subparagraph (b) because of the limitation on the

9 number of executive officers we had before, so if you want to

10 go back to what the present constitution has, you would

"%

11

j:
.o~ .....

eliminate

those

officers

from

Subparagraph

(b).

.~ 12 ~

You can leave them in or take them out, but under

~r~ the present situation it's only the constitutional officers

! 14 !:zii: themselves that can do this petitioning, but because there

15 .:J weren't enough of them when the two were deleted it was

"~
:::I

16 .~.. decided that both the Lieutenant Governor and the Speaker had

Q

%

17 ::i to be added to the list of those that can petition.

18

A VOICE: So you can delete (b).

19

GOVERNOR BUSBEE: You can't delete (b), no.

20

MR. HILL: You can't delete the whole thing, but you

21 can delete the last sentence.

22

GOVERNOR BUSBEE: You can put it back just like it is

23

The problem was when you took out these people as

24 constitutional officers in the case of the disability of the

25 Governor or somebody there was not enough people to petition

PAGE 190

so they were added.

2

We have changed it back to four and readded the

3 constitutional officers. It's a question of whether you want

4 to leave it

5

A VOICE: Hove we delete the Lieutenant Governor

6 and the Speaker.

7

SPEAKER MURPHY: I think the Lieutenant Governor

8 ought to be left in, but I think the legislative body ought

9 to be taken out of the executive branch.

10

SENATOR BROWN: I think the Lieutenant Governor ought

to be gotten out too, because we've got the situation where the

Lieutenant Governor and the Governor might be at odds and it

would create some problems for the Governor, and by starting

a petition he might do that.

MR. HILL: It's confusing because of tfuis. The

Lieutenant Governor was considered one of the elected executive

officers under this, and it was the Speaker and the President

18 of the Senate under the original article committee proposal

19 and that w0uld have been another person, not the Lieutenant

20 Governor, so --

21

SPEAKER MURPHY: I think the Lieutenant Governor

f);;:>,
22 ought to be left in and the Speaker ought to be ~ out.

23

A VOICE: Would you still have the last line?

24

MR. HILL: Just take off the last line and I think

25 it takes care of it, because the Lieutenant Governor is left

PAGE 191

in.

2

GOVERNOR BUSBEE: Representative Burruss.

3

REPRESENTATIVE BURRUSS: Mr. Chairman, I don't

4 believe that's correct because the President of the Senate

5

MR. HILL: You see, this is based on the original

6 article committee proposal, so the President of the Senate

7 under that original proposal was not the Lieutenant Governor,

8 it was the person elected by the House to serve as their

9 presiding officer -- I mean by the Senate, so to put it back

10 just the way it is we can eliminate (b), we can eliminate

1:1
.Z
11 ~ Subparagraph (b) from Paragraph II entirely and just say upon
.o.....

~ 12 ~ a petition of any four of the elected constitutional executive

~r~ officers. That will take care of it.

! 14

GOVERNOR BUSBEE: Is there any objection to that?

~

."

:J:

..15 o!) 1:1

You understand it just goes back like it was, they

::::l
16 ~... would both be left out

Q

Z

17 :

All right. Is there a motion to adopt?

18

A VOICE: Moved.

19

A VOICE: Seconded.

20

GOVERNOR BUSBEE: There is a second. Is there any

21 discussion?

22

Hearing none, is there objection? Hearing none, it's

23 unanimously adopted.

24

Paragraph III.

25

MR. HILL: All right. If a constitutional officer

PAGE 192

is unable to perform the duties of office, the Supreme Court

2 when called upon by petition of at least four of the elected

3 constitutional officers must determine the nature of the

4 disability. If the disability is not permanent, then the

5 Supreme Court must determine when it has ended.

6

That is in Paragraph III of the proposal.

7

GOVERNOR BUSBEE: Is there a motion on this

8 paragraph?

9

A VOICE: Moved.

10

GOVERNOR BUSBEE: The motion is made. Is there a

e"

Z

11

i=
o..'."...

second?

~;!

A VOICE: Seconded. GOVERNOR BUSBEE: Any discussion?

..! 14 ....

Is there objection to the adoption of this paragraph?

:-zc:

15 ~ Hearing none, it's unanimously adopted, and that concludes the

"'";:)

16 ~... article

Q

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17 ::;

Now let's get our calendars straight. Is there

18 anything else we need to bring up at this meeting?

19

MR. HILL: No.

20

GOVERNOR BUSBEE: All right. Now you understand

21 when the next meeting is going to be. We have changed the

22 date. Does everybody know what the dates are, or do you want

23 staff to announce it?

24

A VOICE: The 28th.

25

GOVERNOR BUSBEE: It's the 28th. Do you know what

PAGE 193

the time is?

2

A VOICE: 9:30.

3

MR. HILL: There are four committees still out on

4 Article IX.

5

GOVERNOR BUSBEE: Okay. We will stand adjourned

6 then until 9:30 on the 28th.

7

(Whereupon, at 3:30 p.m. the committee meeting was

8 adjourned.)

9

10
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11 i=
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@J;~ ! 14 ... ':z": 15 ~ ~ 16 ~... zQ
17 :

+++

18

19

20

21

22

23

24

25

INDEX Committee Meetings Held on Constitutional Revision Legislative Overview Committee Meeting Held on July 15, 1981

LEGISLATIVE OVERVIEW COMMITTEE MEETING, 7-15-81

Proceedings. p. 3

ARTICLE III: LEGISLATIVE BRANCH SECTION III: OFFICERS OF THE GENERAL ASSEMBLY Paragraph I: President and President Pro Tempore of the Senate. pp. 4-5 Paragraph II(a): Speaker and Speaker Pro Tempore of the House of
Representatives. pp. 3-4 Paragraph III: Other officers of the two Houses. pp. 5-6

SECTION IV: ORGANIZATION AND PROCED\fRE OF THE GENERAL ASSEMBLY Paragraph XI: Open meetings. pp. 30-36

SECTION V: ENACTMENT OF LAWS
Paragraph X: Acts signed. pp. 6-7
Paragraph XII: Rejected bills. p. 7
Paragraph XIII~ Approval, veto, and override of veto of bills and res 0 1u t ions. pp. 14- 30

SECTION VI: EXERCISE OF POWERS
Paragrpah IV: Limitations on special legislation (population bills). pp. 8-12
Paragraph VI: Gratuities. pp. 12-13

SECTION VII: IMPEACHMENTS Paragraph III: Judgements in impeachment.

pp. 36-38

ARTICLE IV: CONSTITUTIONAL BOARDS AND COMMISSIONS SECTION I: PUBLIC SERVICE COMMISSION Paragraph I: Public Service Commission. pp. 40, 41-47

I Legislative Overview Committee 7-15-81 Page 2

SECTION II: STATE BOARDS OF PARDONS AND PAROLES Paragraph II: Powers and authority. pp. 40, 47-86

SECTION III: STATE PERSONNEL BOARD Paragraph I: State Personnel Board. pp. 40, 86-87, 88-89 Paragraph II: Veterans preference. pp. 87, 89 . Adoption of Section III~ pp. 88-90

SECTION IV: STATE TRANSPORTATION BOARD Paragraph I: State Transportation Board Commissioner. pp. 40, 90-98

SECTION V: VETERANS SERVICE BOARD Paragraph I: Veterans Service Board Commissioner. pp. 98-102

SECTION VI: BOARD OF NATURAL RESOURCES Paragraph I: Board of Natural Resources.

pp. 103-124

ARTICLE V: EXECUTIVE BRANCH SECTION I: ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR Paragraph I: Governor: term of office; compensation and allowances.
pp. 124-130 Paragraph II: Election for Governor. pp. 131-132 Paragraph III: Lieutenant Governor. pp. 132-135

Legislative Overview Committee 7-15-81 Page 3
Paragraph IV: Qualifications of Governor and Lieutenant Governor. p. 135 Paragraph V: Succession to executive power. pp. 135-143 Paragraph VI: Oath of office. pp. 143-144
SECTION II: DUTIES AND POWERS OF GOVERNOR Paragraph I: Executive powers. p. 144 Paragraph II: Law enforcement. p. 145 Paragraph III: Commander-in-chief. p. 145 Paragraph IV: Veto powers. pp. 145-146 Paragraph V: Writs of elections. pp. 146-147 Paragraph VI: Information and recommendations to the General Assembly.
pp. 147-148 Paragraph VII: Special sessions of th, General Assembly. pp. 148-155 Paragraph VIII: Filling vacancies. pp. 156-164 Paragraph IX: Appointments by Governor. pp. 164-168 Paragraph X: Information from officers and employees. pp. 168-173
SECTION III: OTHER ELECTED OFFICERS Paragraph I: Other executive officers, how elected. pp. 173-184 Paragraph II: Qualifications. p. 184 Paragraph III: Powers, duties, compensation, and allowances of other
executive officers. pp. 184-185 Paragraph IV: Attorney General; duties. pp. 185-187
SECTION IV: DISABILITY OF EXECUTIVE OFFICERS Paragraphs I: "Elected constitutional executive officers", how defined,
and II: Procedure for determining disability. pp. 187-191 Paragraph III: Effect of determination of disability. pp. 191-192

MATERIALS CONSIDERED AT MEETING OF LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION
AND SELECT COMMITTEE ON CONSTITUTIONAL REVISION HELD ON JULY 15, 1981

COMMITTEE MEMBERS
GEORGE BUSBEE GOVERNOR CHAIRMAN
ZEt.,L MII..LER I..IEUTENANT GOVERNOR
THOMAS B. MURPHY SPEAKER. HOUSE OF REPRESENTATIVES
ROBERT H. JORDAN CHIEF JUSTICE. 5.UPREME COURT
J. KELLEY OUIL.L.lAN CHlEF JUOGE.. COURT OF APPEALS
ARTHUR K. BOL.TON ATTORNEY GENERAL.
MARCUS B. CAL.HOUN SEMOR JUOGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY AVENUE ATLANTA. GEORGIA 30334
404/6567158

COMMITTEES MEMBERS
AI.. HOLLOWAY SENATE PRESIOENT PRO TEMPORE
JACI< 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. HILL JR. ASSiSTANT EXECUTIVE DIRECTOR

ARTICLE IV, CONSTITUTIONAL BOARDS AND CCI1MISSIONS Table of Contents

Article Committee Proposal
Present Constitution
Cross-Reference Table, Present to Proposed Provisions
Notes and Comments

CD Pages
Pages G) - @
Pages @ Pages @ - @

Synopsis of changes in original Article Committee Recommendations proposed by the Select Committee, by the House of Representatives, and by the Senate Judiciary Committee at the 1980 legislative session
Additional Staff Recommendations

@ Pages
Pages @ -

FINAL DRAFT
COlolMITTEE TO RE;VISE. ARTICLES IV' (. V
December 5, 1979

ARTICLE IV.

8

2

CONSTITUTIONAL BOARDS AND COMMI SSIONS

9

3

SECTION I.

10

4

PUBLIC SERVICE COMMISSION

.11

5

Paragraph I. pyblic ~~ Commissioo.

(a)

15

6 The.n shall be a PUbl1c Service Commission for the 16

7 regulation of utilities, vested with such jurisdiction, 17

8 powers, and duties as provided by law. Such commission

9 shall consist of five members appojnted by the Governor, 18

10 SUbject to confirmation by the Senate, provided, however, 19

.11 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 of otfice expires, the 21

14 Governor shall appoint a successor as 'herein provided. All 22

15 such terms ~f members shall be for six years. A chai rman 23

16 shall be selected by the members of the commission from its

17 membership.

24

18

(b) The qualifications, compensation, re~oval from 25

19 office, and powers and duties of members of the commission 26

20 shall be as provided by law.

27

21

SECTION II.

29

22

STATE BOARD OF PARDONS AND PAROLES

30

23

Paragraph I. ~te Board of pardons and paroles. 33

24 (a) There shall be a State Board of 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 provided. All such terms of 40

33 members shall be for seven years. Acha1rman shall be 41

34 selected by the members of the board from its membership.

43

- I-

(b) 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 removedisabllit1es 5 imposed by law, and to remi t .any part of a sentence for any 47

6 offense against the state after conviction. The chairman of 48

7 the board, or any other member designated by the board, may 49

8 suspend the execution of a sentence of death until the full 50

9 board shall have an opportunity to hear the application of

10 the convicted person for any relief within the power of the 51

I I board.

52

12

(c) The qualifications, compensation, removal from 53

13 otfice, and powers and duties of the members of 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 personnel Board. (a) There 61

18 shall be a State Personnel Board which shall consist of five 62

19 members appointed by the Governor, subject to confirmation 63

20 by the Senate. The members of the board in office on July ,64

21 I, 1981, shall serve out the remainder of their respective

22 terms. As each term of office expires, the Governor shall 65

23 appoint a successor as herein provided. All such terms of 66

24 members shall be for five years. A member of the state 67

25 Personnel Board may not be .employed in any other capacity in 68

26 state government. A chairman shall be selected by the

27 members of the board from its membership.

70

28

(b) The board shall provide poliCy direction for a 71

29 State Merit System of 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 of 74

32 merit as provided by law.

75

- 2-

/' ....... f-' ,

(c) The qualifications, compensation, removal from 76

2 off1ce, and powers and duties of the members of the board 77

3 shall be as provided by law.

78

4

Paragraph I I. ~terans prtroce. 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 may be provided by law

85

12

SECTIoN IV.

87

13

STATE TRANSPORTATION BOARD

88

14

Paragraph I. State Transportation BoArd 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 maJo,rity vote of the members

19 of the House of Representatives and Senate whose respective 95

20 districts are embraced or partlY embracen within such 96

21 congressional district m~eting 1n caucus. The members of 97

22 the board 1n office on July 1, 1981, shall serve out the 98

23 remainder of the.ir respective terms. As each term of office

24 expires, 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.

10'3

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

VETERMIS SERVICE BOARD

IJ I

3

Paragraph I. veterans SoryiCIL~ard' how composed' .114

4 commissl~. (a) There shall be a State Department of 115

5 Veterans Service and Veterans SerVice Board which shall 116

6 consist of seven members appointed by the Governor, subject .117

7 to confirmation by the Senate. The members in office on

8 July I, 1981, shall serve out the remainder of their 118

9 respective terms. As each term of office expires, the J 19

10 Governor shall appoint a successor as hsrein prOVided. All 120

JI such terms of members shall be for seven years.

121

12

(b) The board shall appoint a commissioner who 122

13 shall be the executive officer of the department. All 123

14 members of the board and the commissioner shall be veterans 124

15 of some war or armed conflict in which the United States has 125

16 engaged. Ths 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

ec) The qualifications, compensation, removal from 128

20 office, and powers and duties of the members of the board 129

21 shall be as provided by law.

- 4-

PRESENT CONST ITUll Ofl

ARTICl.E IV.

, .. 58

2

CONSIITUT~ONAl. BOAHDS AND COBalSSlONS

, .. 59

3

SECTION I.

1462

..

~UBLIC SERVICE COBftISSION

1463

5

Paragraph I.

eUblic Service ~mission as lij67

6

onstitutio~_~~. The~e shall be a PUblic Se~vice 1ij68

7 Commiss~on for tbe regulation of utilities, vested witA the

8

jurisdiction, Fowers and duties as proviaed oy law~ SUCA 1470

9 Commission shall consist of five members, who shall be 1471

10 e leeted by the fe0ple. A Chairman shall be selected by the

11

members at the Comllission frail its lIellbersn~p. Tne fi~st 11J73

12 Commission under this Constitution shal~ consist of the 1474

,1.3

Commissioners in otfice on the effective date of this Constitution and the}' shall serve unt~l December J 1 afte~

1475 1476

15 t he general elecUon at woich the successor at ea'ch lIember 1417

16 is elected. Ihereatter all succeeding terms of members 1478

17 shall De Lor six }'ears. The gualifications, compensations, 1479

18

filling of vacaDc~es, manne~ and time of election, power and 1480

19 duties of IIEmbers OL the Commission, including the chairman, 1481

20 s ball he as pl:ovided bI la w.

1482

21

SECTION II.

148..

22

STATE BOARD O? PARDONS AND PAROl.ES

1485

23

Pal:agraph I. State Board of Pa~ons and P~roles. 1488

2" There shail he a State Board of Pardons and Paroles to be 1489

2S composed ot Aot less than five or more than seven memhers, 1490

26 t he number to be determined hI the General. Assembly. The 1491

27 s uccesso~s to the present meabers and al.l members of the 1492

28 Board Who are SUbsequently appointed to fill vacancies shall.

29 be appointed for teras ot seven years unless removed froll 11193

30 office tor cause, as hereinafter provided. In the event of 111911

31 a vacanc}' for any reason other than the e%piration of terll, 11195

32 such vacancy shal.l be fil.led in the lIannel: hereinafter 11196

- 39 -

provided tor tl1e une~pired term. All appointments to the

2

Board shal~ be made Dy tl1e Governor and s4a11 D~ sUbject to

3

the contirmat~on of the Senate. Any member of the doard may

'-

be removed Lrom office for cause by the unanimous action of 1'-99

5

the Governor, Lieutenant Governor and Attorn~y General or by 1500

6

judgment of the Senate in a trial of i.p~achm~nt. The 1501

7 meabers in office on the effective date of this Constitution

8

s~ll serve out the remainder of their r~s~ective terms. 1502

9 The Governor shall not be a member of the State Board of 1503

10 Pardons and Haroles. The General Assembly shall fix the 1504

11 compensation of the members of the Board, but until changed 1505

12 by the General. Assembly, the members sha.ll. continue to

13 receive that compensation which the present members are 1506

n

receiVing. The State Board of Pardons and Paroles shall 1507

15 have fower to grant reprieves, pardons and paroles, to 1508

16 commute penalties, Eemove disabilities imposed by law, and

17 may reait any part of a sentence for any offense against the 1509

18 State, after conviction except in cases of treason or 1510

19 i apeachaent, and except in cases in whicl1 the Governor 1511

20 refuses to suspend a sentence of death. When a sentence of

21

death is coamuted to life imprisonment, the ~oard shall not 1512

22 have the authority to grant a pardon to the convicted person 1513

23

until such persoD has served at least ~!~nty-five y~ars in 151'-

2'- the penitentiary, and such person shall not becolle eligible 1515

25 for parole at any time prior to serving at least twenty-five

26 years in the penitentiary. When a person is convicted of 1516

27 armed roubery, the Board shall not have the authority to 1517

28 consider such person for pardon or parole until such person 1518

29 has served at least five years in the penitentiary. The 1519

30 Bcard shall act on all applications within 90 days from the 1520

31

filing of same, and in all cases a lIajority shall decide the 1521

32 action of the Boud. The State Board of pudons and Paroles

33 shall at each session of the General Assembly communicate to 1523

3'- that body in full detail each case of pardon, parole, 1524

35 cOIImutation, reaoval of disabilities or reaission 'of

sentence gLanted, stating the name of the convict~d, the 1525

2 offense fOL which he was convicted, the sentence and its 1526

3

date, the date of the pardon, paro~e, commutation, removal

of disabilities or remission of sentence and the reasons for 1527

5 granting the same, and the State Board of Pardons and 1528

6

Paroles ma) make ru~es and re~u1atioDS as maj be authorized 1529

1

b J law. Eacb )ear the Board sha~~ e~ect one of its members

8 to serve as Chairman of tAe Board for the ensuing jear. The 1530

9

G enera~ Asse DIb 1) may enact ~a vs in aid of, but. not 1531

10

inconsistent ~ith, this Paragraph.

'532

11

SECTION I l l .

1534

12

BOAhD OF OfFENDER REHABILITAT~ON

1535

13

Paragraph I. !2ard of Offender iehab!litation. 1538

14

There SAa~~ be a &oard ot Offender Rehabi~Ltation, to be 1539

15

coaposed of niDe meabeLs as fo~~ows: the five members of 1540

16 the SoaLd ot Corrections who serve ex officLo as members of 1541

11 the statutorj Board of Offender RehabLlitation shall

18 continue to serve out the terms to whicA tAei were appointed 1542

19 as lIembers of tAe Board of Otfendel; RehabiLitation heLein

20

created; tJie Governor shal:~ appoint the Lellaining fOUL 1544

21

lIe1bers, subject to the consent of the Senate. The initia~

22 appointments bj the GoveLnor sha~~ be for one, tvo, three- 1545

..

-

23

and four years, respective~y. Thereafter, successors to the 1546

24

i Bitia!: lIelibers of the Board sha~l be apllointed by the 1541

25 GovernoL, subject to the consent of the Senate, for terms of

26 office ot four years and until their successors are dulj 1548

21 a ppointed and qualified. The Board shall establish the 1549

28 general policy to De followed hy the Department of Offender 1550

29 RehabilitatioD.

1551

30

SECTION IV.

1553

31

bOARD OF NATURAL RESOURCES

.1554

32

Paragraph I. ~eation; Membersnip; Appointmenti 1558

- 41 -

{ .~

I~~~-2&_~1iei Powers aud Duties; Compeusatiog. There 1559

2

shall be a hoa~d of Natural Resou~ces. Said Board of 1560

3

Natural Beso~ces sball consist of one membe~ f~om each 1561

II

COQg~essioDal Dist~ict in this State, aDd one additional 1562

5

member f~om one of the following named counties, to-wit: 1563

6

Chatham, bryan, Libe~ty, aclutosh, Glynn, or Camden; and 1561l

7 fo~r members from the State at Large. The members in office 1565

8 on the effective date of this Constitution shall serve out 1566

9 the remainDer of their respective terms. Thereafter, all 1567

10

succeeding ap~ointments of members of the ~oard of Natural 1568

11 Resources shall be made by the Governor and confirmed bJ the 1569

12

Senate for a term at seven years from the eX~iration of the 1570

13 ptevious term, except in case of an unexpired term. Insofar 1571

111 as it is practicable, the mellbers of tue Board shall be 1572

15 representative of all areas and functions encompassed within 1573

16

the Department of latu~al Resources. All members of the 1571l

17

Board of latural Reso~ces shall hold of rice until their 1575

18 successors are appointed and qualified. Vacancies iu office 1576

19 shall be filled by appointment by the Governor and submitted 1577

20 to the Senate for confirmation at the next session of the 1578

,21 General lsSemblj after the .making of the appointment.

1580

22

The Board of Natural Resources shall have such 1582

23 powers, authority, duties, and shall receive such

211

cOllpensation and expenses as may be delegated oc_ prQ~icled 1583

25 for by the General lssembly.

1585

26

SECT.IOII V.

1587

27

VETERANS SERV.ICE BOlRD

1588

28

Paragraph I. Veteraps Service board; How COmposedi 1591

29

~ireci~. There shall be a State Depa~tmeDt of Veterans 1593

30

Service and Vete~ans Service Board com~osed of seven 15911

31 members, who shall have such control, duties, povers and 1595

32

j~isdiction of the State Department of Veterans Service as

33 shall be provided by law. Said Board shall appoint a 1597

- 112 ((

director who shall be the execut1ve ufficer of the 1598

2

Department. Sembers of the Board shall be appointed by the

3

GovernoA: witli ~e advice and consent of the Senate and all 1599

4 members of the Board and the Director shall ue veterans of 1600

5 some war in which tJle United States has engayed.

1602

6

the meabers in office on the effectLve date of this 1603

7 C OIlstitution shall serve out the remaLnder of their 1604

8

respectLve teras. Thereafter all teras and appo1Dtments, 1605

9

except in case of vacancy, shall be for seven years. 1606

10

Vacancies shall be tLlled by appointment by the Governor.

1608

11

SECXIOH VI.

1610

12

STATE PEHSOHHEL BOARD

1611

13

Raragraph I. State Personnel ~&i. The State 1614

14 Personnel Board '. in existence on the effective date of this 1615

15

:onstitutLonis here~i abolished and the terms of oLfice of 1616

16 persons serVing on said Doard are abolished. There shall be 1617

17

a new ~onsalaried State Personnel Board wh1c4 shall provide 1618

18

policy u1L:ection for il State ftet'it Systelll of Personnel 1619

19

Administratiou. Under said merit system, State pet'sonnel 1620

20

shall be selected on a Dilsis of merit, fitness and 1621

21

demonstA:ated abilitJ ilccording to law. The State Personnel

22 Board shall be comprised of five citizens of this State, of 1622

23 known interest in the illprovement of the Cjuality of State 1623

24

governJlent. fieabers of the State Personnel Hoard shall be 1624

25

a ppointed by the Governor, sub ject to cont1emation by the 1625

26

Senate. rhe first IIellbers shall be appointed for terlls of 1626

27

one, two, three, four and five years, respectively, the terll 1627

28

to be designated by the Governor. All subsequent 1628

29 a ppointlleDts shall be for a period of fi ve 'years, except 1629

30

unexpired teras. SerV1ce on the State Rersonnel Board shall 1630

31

be restricted to tva consecutive terms, provided that the 1631

32 completLon of aD unexpired term shall not be considered a 1632

33 tera of service within the context of this two-term

- 43 -
.(CI

li.itation. No State official or em~loyee shd~l be a member 1633

2 of the State l'exsonnel board. All members of the State 1634

3

Personn~l board shall hold office until their successors are 1635

4 appointed and qualified. Vacancies in office shall be 1636

5

filled by appointment of the Gov~rnor and submitted to the 1637

6 Senate for confirmation at the next session of the General 1638

7 Assembly after the lIIaking of the appointment.

1640

8

l'aragraph l~. Veterans Preference. Any veteran 1643

9

vhO has s~rved as a member of the armed forces of tue United

10 States during the period of a var or armed conflict in vhich 1644

1 1 a ny branch of the armed forces of the Uni ted States engaged, 1645

12 v hether under United States comund or otuervise, and vas 1647

13 honoraoly discharged therefrom, shall be given such veterans

14

preference in any civ~l service prograa estaulished in the 1648

15 State government or any political subdivision thereof as may 1649

16

be determined by appropriate action of the G~neral Assembly. 1650

17

Provided, however, notllithstandin~ any such action 1652

18

by the General Assemb~y, any veteran IIho bas served as a 1654

19 meaber ot the armed forces of the United States during the

20

period of any liIar or Ue Korean Conflict and IIho was 1656

21 honorably discharged therefrom shall be entitled to and

22 shall reCEive the follolling preference in taking a 1657

23

c~petitive examination for employment lIith the State 1658

24

go~ern.ent or any political-subdivision thereof:-

1660

25

(a) Such veteran IIho has at least a ten per centua 1661

26

service connected disability as rated and certified by the 1662

27

Veterans Administration shall be entitled to and shall have 1663

28 ten points added to his passing score on such examination. 1664

29

and

1665

30

(b) Any other such veteran shal~ be entitled to 1666

31

and shall have five points added to his passing score on 1667

32 such examination.

1669

33

SECT.lOli V~I:.

1671

- 44 -

BOAiD O INDUSTRY AND TiADE

1672

2

Raxagxaph 1. ijoard of Industrl-Apd Trade. There 1&75

3 shall be a Department of Industry and Trade in lieu of and 1676

/J

as successor to the Department of Commun~tl Development. 1671

5

II berever the words "Department of Comlllun~tl Developlllent"

6

v ere used bereto1:ore in any statute, they snall be held and 1678

7 taken to lIean the\ Department of Industry and Trade. There 1679

8 shall be a Board of Industry and Trade in lieu of and as 1680

9 successor to the Board of Community Development. IIh'erever 1681

10 t be vords "board of COlllmunitI Development" lIere used

11

heretotore in any statute they shall be beld and taken to 1682

12 llean the board ot Industrj' and Trade. The Board sball be 1683

13

cOIIposed of twenty melllbers, two froll eaen Congressional 1684

1/J

District in the State. Tbe Board shall be the policI

15 determining body of the Department and snall have such 1685

16 duties, powexs, autnority and jurisdiction relating to the 1686

17

Department as shall be provided by lave The members of the 16 tt7

18

Board in office on the effective date of this Constitution

19 shall serve out the remainder of their respective terms and 1688

20

until their successors are duly elected and qualified as 1689

21

hereunder provided. The successors to such members, except 1690

22 in case of an appointment to fill a vacancy, shall be for 1691

23

six .. years dating froll April 1 of the )~eginnin':l t.ear of such

2/J

terll. Tne Governox shall appoint all successors. In the 1692

25 event a vacancy occurs on the Board, the Governor shall 1693

26

appoint a person to serve the unexpired terll. In lIaking 169/J

27 a ppointme.ots to the Board, the Governor snall insure that 1695

28

there is xepresentation froll ~ocal governments and area

29

planning and development commissions as provided by lave 1696

30

T be Board shall appoint a Commissioner VAO shall be the 1697

31

Executive Otficer and Administrative Head of the Department. 1698

32

Paragraph II. i2~~. In addition to such powers 1701

33 and duties as may froll time to time be conferred upon the 1702

3/J

Board of IndustrI and Trade and ~he Department of Industry 1703

- 45 -

and Tade, the Board of Industry and Xrade shall be 1704

2 :l uthorized to paticipate with any county, municipalitl,

3 nonprofit organization, or any cOlllbination thereof, in the 1706

4 opera tion of aJl1 of the facilities operated by such agencies

5 for the purfose of encouraging and promoting tourism in this 1707

6 State, notwithstanding any other provisions of this 1708

7 Constitution to the contrary.

1709

8

SEC~UON VIII.

1711

9

STAXE TBANSPOBTAT~ON BOABD

1712

10

Paragraph I. ~tate Transportation Board created. 1715

11

There sha~l be a State Transportation Board, composed of as 1716

12 lIIaJ1y melllbers as there are congressional Districts in the 1718

13 Sb tee Tile member of the Board from each Congressional 17 19

14 District shall be elected by a majority vote of the members

15 of the House of Representatives and Senate wilose respective 1720

16

districts are embraced or part~y embracea within such 1722

17

:ongression~ District, meeting in caucus. All lIIembers 1723

18 shall be elected for terms of five year$ each and until 1724

19

their successors are dUll e~ected and ~ualified. The 1725

20

.embers of the Board in office on the effect~ve date of this 1726

21 Constitution shall serve out the remainder of their 1727

22 respective terms. The successors to such mellloers, as their 1728

23 respective terms e.xpire, shall be electec1 by the General 1729

24 Assembly as provided herein and pursuant to the provisions 17 30

25 of law enacted or aa may hereafter be enacted to implement 17 31

26 this Paragraph. The State Transportation Board shall elect 1732

27 a Commissioner of Transportation, vho shall be the Chief 1733

28

Executive Officer of the Department of Trans~ortation. The 17 34

29 General Assembly shall define by law the povers, duties, 1735

30 qualifications and compensation of the Board and of the 1736

31

Co.missioner, and sh~l bl law prescribe the manner, tillle 1737

32 and procedure for the election of melllbers of the Board, and 1738

33 t be manner of filling vacancies therein.

1739

- 46 -

Para9ra~h II.

~!Eliance vitA feder~l La~. In

1741

2 ooler to cog;ply with Federal lall providing Lor control of 1742

3 outdoor advertising and jun~ yards adjacent to the roads of 1743

-

the Federal-Aid Highway Systems:

1744

5

(1) the State of Georgia, acting by and through 1745

6 the Department of Transportation, is authorized to acquire 1746

7

1ny interests in pro~erty for the purpose of removing or 1747

8 requiring the Lelloval of outdoor advertising and for the

9

purpose of screening or relloving or requirin~ the removal or 1748

10 screening of junk yards adjacent to such roads, said 1749

11 acquisition to be in accordance with provisions of law and 1750

12 of this Constitution relating. to the acquiri"g of private

13 property interests for such public road purposes and 1751

14 activities incident thereto; and

1752

15

(2) the General Assembly may zone property 1753

16 adjacent to the public roads of such Federal-Aid Highway 1754

17 Systems for commercial or industrial purposes or in respect 1755

18 to the location ot advertising signs, displajs or devices or 1756

19 in respect to the establishment, removal or control of junk

20 yards and lIay provide for rules and regUlations governing 1757

21 a.dvertising and junk yards adjacent to such roads.

1759

22

~he GeDeral Assembly is authorized to provide for 1760

23 landscaping and roadside development within the 1761

24 rights-of-way of the Federal-Aid Highway Systems and for the 1762

25 acquisition of interests in and improvement of strips of

26

land necessary for the restoration, preservation, and 1763

27 enhaDcement of scenic beauty adjacent to such highways, 1764

28 including acquisition and development of publicly owned and 1765

29 c ontrol.ied rest and recreation areas and sanitary and other

30 facilities lIithin or adjacent to the rights-of-way of the 1766

31

Federal-Aid Highllay Systems.

1767

32

Paragraph 11:1. IB~odal franSHortation Funds. 1769

33

The General Assembly is authorized, notw~thstanding any 1770

34

other p.covisi CDS of this Constitution e%cept those 1771

- 47 -

p rovisious Lela tiny to taxes on motor fuels, to provide by 17 71

2

law for the recei~t, administration, ana disbursement of 1772

3 funds from the United States of America to plan, develop, 1773

II

promote, supervi$e, s~ppo.rt, own, operate, or provide grants 1774

5 f or sate ilIld adequate transportation and services, public 1775

6

aDd

private, inclUding

but not

lilll~ted

to

air

7

t ansportation, railroads, buses, terminals, waterways, 1776

8 airports, and port facilities and to exercise the povers of 1777

9

taxation aua provide fo.r the expenditure of public fu.nds in 1778

10 connection the.rewi th.

1779

11

iaragraph IV. ~truction of Statutes. Wherever 1181

12

the vords Nstate Highway BoardN vere used he.retofore in any 1782

13 statute, they shal.L be held and taken to lIean the State 1783

111

T tansportation Board. Wherever the vord "Director N vas used 11811

15 heretofore in connection vith the Department of

16 Transportation or State Highway Department iu any statute, 1785

17

it shall be held and taken to mean Commissioner of 1786

18

TI3nspo.rtation.

Whe.rever the vords State Highvay 1787

19 Department" or State Highway Department of GeorgiaN ve.re

20

used he.retofo~ in any statute, they shall be held ana taken 1788

21

to mean the Depart.ent of Transportation.

1789

- 48 -

CROSS-REFERENCE TABLE ARTICLE IV COOSTlTUTIONAL BOARDS AND COMMISSIONS

PRESENT PROVISION Article IV, Section I, Paragraph I
Article IV, Section II, Paragraph I

P.ROPOSED PROVISION Article IV, Section I, Paragraph I
Article IV, Section II, Paragraph I

CHANGES
i. PSC members would be appointed by
the Governor, subject to confirmation by the Senate.
~. Deletion of provision providing that the powers and duties of the Chairman shall be as provided by law with the intention that absent a constitutional limitation, th~s can be prOVided for by the General Assembly.
1. Deletion of the provision providing that the membership shall consist of "not less than five or more than seven, the number to be determined by the General Assembly", and providing that the Board shall consist of five members.
2. Addition of language which results in staggered terms for the members rather than the present situation where two of the members' terms end in the same year.
3. Deletion of the provision which provides for a Board member to "be removed from office for cause by the unanimous action of the Governor, Lieutenant Governor and Attorney General" or by impeachment and provide that removal from office shall be as provided by law.
4. Deletion of the provision which prohibits the Governor from being a member of the Board.
5. Transfer of the power of the Governor to suspend a sentence of death pending Board review and vesting that power in the Chairman of the Board or any other member designated by the Board.
6. Addition of the term "executive clemency" to the provision providing for the powers of the Board to further specify. the Boards exclusive jurisdiction in this area

'"

CROSS-REFERENCE TABLE ARTICLE IV CONSTITUTIONAL BOARDS AND COMMISSIONS

Page 2

PRESENT PROVISION

,PROPOSED PROV~SION

Article IV, Section III, Paragraph I

None

Article IV, Section IV, Paragraph I

None

CHANGES
7: Deletion of the provision
providing that the compensation that the Board members are presently receiving shall continue until changed by the General Assembly as being transitional language and unnecessary.
8. Deletion of the limitations on the Board's power to act (a) in cases of impeachment or treason, (b) in cases where Governor refuses to suspend a sentence of death, (c) in cases where sentence of death has been commuted to life imprisonment, and (d) in cases of conviction for armed robbery.
9. Deletion of the requirement that the Board act on all applications within 90 days, and that a majority decision be made as unnecessary and properly covered by rules of the Board.
10. Deletion of the duty of the Board to report to the General Assembly all actions taken and the reasons therefore.
11. Deletion of the provision providing that the Board may make all rules and regulations as may be authorized by law.
12. Deletion of the provision providing that the General Assembly may enact laws in aid of the Boards' powers.
Delete the entire provision with the understanding that the Board is currently provided for at Georgia Code Annotated 77-302 and 77-503a.
Delete the entire provision with the understanding that the Board is currently provided for at Georgia Code Annotated 43-17.

CROSS-REFERENCE TABLE ARTICLE IV CONSTITUTIONAL BOARDS & COMMISSIONS

Page 3

PRESENT PROVISION Article IV, Section V, Paragraph I
Article IV, Section VI, Paragraph I

PROPOSED PROVISION
Article IV, Section V, Paragraph I

CHANGES
l. Change the name of the executive officer of the Department from director to commissioner.
'.. 2. Addition of the phrase "members shall serve until their successors are appointed and qualified" and "qualifications and removal from office as provided by 14W".
3. Deletion of the provision providing for the filling of vacancies in office with the intention that it be covered by Article V, Section II, Paragraph VII relating to the Governor's power to fill vacancies. Implicit in this deletion is a substantive change in this provision. At present, vacancies on this Board are filled by the Governor alone. The Article V, Section II, Paragraph VIII provision envisions appointment by the Governor and confirmation by the Senate.

Article IV, Section III, Paragraph I

l. Deletion of provision in 1st sentence abolishing the old Board as transitional language which is no longer needed.
2. Deletion of provision that the members be nonsa1aried and provide that their compensation shall be as provided by law.
3. Deletion of phrase "fitness and demonstrated ability" as being encompassed within the phrase "on the basis of merit as provided by law".
4. Deletion of the qualifications of the members that they be citizens of known interest in the improvement of the quality of state government.
5. Deletion of the provision providing for the first appointments which effectuated the staggered term concept as being transitional and no longer necessary.
6. Deletion of the provision providing for a two term limitation on the members of the Board.

CROSS-REFERENCE TABLE ARTICLE IV CONSTITUTIONAL BOARDS AND COMMISSIONS

Page 4

PRESENT PROVISION
Article IV, Section VI, Paragraph II(a) and (b)
Article IV, Section VII, Paragraph I Articl~ IV, Section VII, Paragraph II

~ROPOSED PROVISION

CHANGES
Deletion of the phrase "No state official or employee shall be a member of -the Board" and substitute "A member of the Board may not be employed in any other capacity in state government.
8. Deletion of the provision providing for the filling of vacancies in office with the intention that it be covered by Article V, Section II, Paragraph VIII.
9. Addition of the phrase- "qualifications, compensation, removal from office, and powers and duties of the members of the Board shall be provided by law".

Article IV, Section III, Paragraph II

1. Deletion of the phrase "or any political subdivision" when specifying under which civil service programs the veterans preference shall be given in order to leave it to the discretion of such political subdivision to give or not to give such veterans preference.
2. Deletion of the provision providing the specific preferencE to be given and to whom such preference Shall be given as unnecessary and properly covered by the rules of the Board which implement the merit system.

None

Deleted the entire provision with the understanding that the Board is currently provided for at Georgia Code Annotated 40-2102 and 40-2103.

Article III, Section VI, Paragraph II(a)(5)

Change the specific authorization granted to the Board to provide that the "General Assembly can provide for
the participation by the state" in these activities with the under-
standing that a delegation of these powers by the General Assembly would
be proper.

/1

CROSS-REFERENCE TABLE
ARTICLE IV CONSTITUTIONAL BOARDS & COMMISSIONS

Page 5

PRESENT PROVISION
Article IV, Section VIII, Paragraph I

P.ROPOSED PROVISION
Article IV, Section IV, Paragraph I

CHANGES
I, Update the t~ansitional language.
2. Deletion of provision relating to "filling of vacancies" as provided by law with the understanding that such is currently provided by law, thus not coming within the omnibus filling of vacancies provision in Article V, Section II, Paragraph VIII.

Article IV, Section VIII, Paragraph II

Article III, Secti9n VI, Paragraph II(b)

Provision carried forward by reference.

Article IV, Section VIII, Paragraph III

Article. III, Section VI, Paragraph II(b)

Provision carried forward by reference.

Article IV, Section VIII, Paragraph IV

None

Delete this entire provision as being transitional and unnecessary.

NOTES AND CO~~mNTS

Article IV. Constitutional Boards and Commissions
The Committee to Revise Articles IV and V adopted a "zero-based Constitution" philosophy with respect to Article IV. The Committee felt that the General Assembly should be left the widest discretion in creating state boards and commissions and in altering the name, composition, method of selection, jurisdiction, and powers and duties thereof, unless a compelling reason could be shown for giving a particular board or commission constitutional sanction and status. With respect to the following boards and commissions, such a compelling reason was identified.
1. Public Service Commission. 2. State Board of Pardons and Paroles. 3. State Personnel Board. 4. State Transportation Board. S. Veterans Service Board.
The specific changes that have been made in the Constitutional provisions relating to each of these boards and commissions are summarized below.
Section t. Public Service Commission.
The proposed revision of this section incorporates a recommendation approved by the full Committee that the members of the Public Service Commission be appointed by the Governor, with the confirmation of the Senate, for six-year overlapping terms. These members are presently elected officials, and serve for six-year overlapping terms. As indicated in the proposed draft, present members would serve out their respective terms, and their successors would then be subject to such qualifications, compensation, removal from office, and powers ,and duties as provided by law.
The Committee's decision to recommend appointment rather than election of members of the Public Service Commission was based on a number of factors, including the following:

1. Recognition of a growing naed for technical expertise in the position, due to the ever-increasing complexity~f
utility rate-setting.

2. A feeling that some of the best candidates for the

position would be unwilling to run for the office in a

state-wide political campaign.

3. A fear that political accountability may not be

'"

compatible with fairness and objectivity in utility

rate-setting in the energy-tight years ahead.

NOTES AND COMMENTS - ARTICLE IV
Page 2

Section II. State Board of Pardons and Paroles.

This section was subject to substantial revision by the Committee. All of the following changes have been made in the proposed draft.

1. The Board's powers of "executive clemency", which are defined to include its presently existing specific powers "to grant reprieves, pardons, and paroles," etc., are made subject to legislative limitation.

Presently these powers of executive clemency rest solely with the Board, except in cases of treason or impeachment and except as to the Governor's power to suspend the execution of a death sentence as provided in Article V. See 3 below.

2. Provisions requiring mandatory minimum service time f01 persons convicted of armed robbery and for persons wUo have had a death sentence commuted to life imprisonment are deleted from the proposed draft, as are the requirements that the Board act on ~ll applications within 90 days and that it make an annual report to the General Assembly on its actious. The Committee felt that all of these matters could be dealt with more appropriately by rule of the Board, subject
to legislative limitation.

3. The Governor's power to suspend the execution of a death sentence until the full Board has had an opportunity to hear the application of the convicted person "for any relief within the power of such board" is transferred from the Governor to the Chairman of the Board or another member designated by the Board to exercise such power. Note that no special provisions concerning conviction for treason are carried forward in the revised draft.

4. In light of 1 and 2 above, the present provision stating that "the State Board of Pardons and Paroles may make rules and regulations as may be authorized by law" was deleted from the proposed draft as unnecessary. It was the understanding of the Committee that the Board has inherent rule-making authority unless and until otherwise provided by law.

5. The lize of the Board is fixed at five members. Presently

the Board may be composed of from five to seven members,

f

as determined by the General Assembly.

i

6. The terms of all present members are made to expire on

December 31st of the year in which their terms will expire so as to establish a common annual expiration date for all

board members. Members would continue to serve for seven-year overlapping terms.

NOTES AND COMMENTS - ARTICLE IV Page 3
7. Members of the Board are made subject to removal from office "as prescribed by law". The present Constitution states that "any member of the Board may be removed from office for cause by the unanimous action of the Governor, Lieutenant Governor, and Attorney General or by judgment by the Senate in a trial of impeachment."
Section III. State Personnel Board.
The proposed draft of this section is primarily an editorial revision of the present provision, with a few minor substantive changs as indicated below.
1. The members of the Board are made subject to such qualifications, compensation, removal from office and powers and duties "as provided by law". The preaent provision provides that the members of the Board should be "nonsalaried", but they are in fact compensated for their travel and expenses. The Committee decided that compensation of members, of whatever kind, should be as provided by law. The Committee also decided that members of this Board, as members of the Board of Pardons and Paroles and those of the Public Service Commission in the proposed draft, should be subject to removal from office as provided by law.
( 2. The present two-term limitation for members of this Board is removed. The Committee noted that this restriction was not imposed on the members of any other board, and decided that it was unnecessary here also.
3. The proposed draft provides for the selection of a Chairman by the Board from its membership. This is present practice, but it is not specified in the current Constitutional provision.
4. Veteran's preference in state government employment is retained, but the specifics of its implementation are left to the wisdom and discretion of the General Assembly.
Section IV. State Transportation Board.
The proposed draft of this section is essentially an editorial revision of the present provision, with the deletion of two sentences that were needed as carry-over provisions in the "new" Constitution of 1976, but which are not needed in an article-by-article revision. The draft also omits the provisions in the present Conatitution relating to the General Assembly's power to participate in and comply with Federal Programs, because these powers have been specifically addressed in the proposed revision of Article III, Section VI.

NOTES AND ~OMME~T9 - ARTICLE IV ,

Page 4

.

Section V. Veteran's Service Board.
This is an editorial revision of the present provision, and includes a change in the designation of the executive officer of the State Department of Veterans Service from "director" to "commissioner".

Page 30
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE COMMITTEE RECO}~ffiNDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

CLE, SECTION,
';RAPH
Article IV
Article IV, Section I, Paragraph I
.J

CHANGES PROPOSED
NOTE: The House of Representatives and the Senate Judiciary Committee moved the provisions on the Executive Branch to Article IV and moved the. provisions on Constitutional Boards and Commissions to Article V. Thus, the following references for the Committee to Revise Articles IV and V and for the Select Committee are to Article IV; those for the House of Representative
and the Senate Judiciary commtttee are to Article y.
COMMITTEE TO REVISE ARTICLES IV AND V
Paragraph I. Public Service Commission. (a) There shall be a Public Service Commission for the regulation of utilities, vested with such jurisdiction, powers, and duties as provided by law. Such c.ommission shall consist of five members appointed by the Governor, subject to confirmation by the Senate; proVided, however, that members elected to the Public Service Commission prior to July 1. 1981. shall serve out the remainder of their respective terma. As each term of office expires. the Governor shall appoint a successor as herein provided. All such terma of members shall be for six years. A chairman shall be selected by the members of the commission from its membership.
(b) The qualifications. compensation. removal from office. and powers and duties of members of the commission shall be as provided by law.
SELECT COMMITTEE
Paragraph I. Public Service Commission. (a) There shall be a Public Service Commission for the regulation of utilities which shall consist of five members who shall be elected by the people. The commissioners in office on July 1. 1981. shall serve until December 31 after the general election at which the successor of each member is elected. Thereafter. all succeeding terms of members shall be for six years. Members shall serve until their successors are elected and qualified. A chairman shall be selected by the members of the commission from its membership.
(b) The commission shall be vested with such jurisdiction. powers. and duties as provided by law.
(c) The qualifications, compensation. filling of vacancies. manner and time of election, and powers and duties of members of the commission shall be as provided by law.
HOUSE OF REPRESENTATIVES
Same text as Select Committee.
SENATE JUDICIARY COMMITTEE
Third sentence of subparagraph (a) changed to read as follows:
Thereafter. all succeeding terms of members shall be for ~ years. (emphasis added)
Same text as Select Committee otherwise.

(' ' .. -c',

Page 31
Si~OPSIS OF CHANGES IN ORIGINAL ARTICLE CO}~ITTEE RECO}~IENDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

I" CLE, SECTION, ;RAPH
Article IV, Section II, Paragraph I
", (

CHANGES PROPOSED
COMMITTEE TO REVISE ARTICLES IV AND V
Paragraph I. State Board of Pardons and Paroles. (a) There ahall be a State Board of Pardons and Paroles which shall consist of five members appointed by the Governor, subject to confirmation by the Senate. The members of the board in office on July I, 1981, shall serve out the remainder of their respective terms, provided that the expiration date of the term of any such member shall be December thirty-first of the year in which the member's term expires. As each term of office expires, the Governor shall appoint a sUccessor as herein provided. All such terms of members shall "be for seven years. A chairman shall be selected by the members of the board from its membership.
(b) Except as may hereafter be provided by law, the board shall be vested with the powers of executive clemency, including the powers to grant reprieves, pardons, and paroles; to commute penalties; to remove disabilities imposed by law; and to remit any part of a sentence for any offense against the state after conviction. The chairman of the board, or any other member designated by the board, may suspend the execution of a sentence of death until the full board shall have an opportunity to hear the application of the convicted person for any relief within the power of the board.
(c) The qualifications, compensation, removal from office, and powers and duties of the members of the board shall be as provided by law.
SELEct COMMITTEE
Paragraph I. State Board of Pardons and Paroles. (a) There shall be a State Board of Pardon and Paroles which shall consist of five members appointed by the Governor, subject to confirmation bY the Senate. The members of the board in office on Jul~ I, 1981 shall serve out the remainder of their respective terms provided that the expiration date of the term of any such member shall be December 31 during the seventh year of the term and provided, further, that, when any such members' terms are set to expire in the same year, the member with the shortest total service on the board shall serve for one additional year. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members appointed to the board effective after July I, 1981, shall be for seven years, provided that the terms shall expire on December 31 during the seventh year of the terms. Members shall serve until their successors are appointed and qualified. All appointments to fill vacancies on the board shall be for the remainder of the unexpired term. Each year a chairman shall be elected by the members of the board from its membership.
(b) The board shall be vested with the powers of executive clemency, including the powers to grant reprieves, pardons, and paroles; to commute penalties; to remove disabilities imposed by law; and to remit any part of a sentence for any offense against the state after conviction. The chairman of the board, or any other member designated by the board, may suspend the execution of a sentence of death until the full board shall have an opportunity to hear the application of the convicted person for any relief within the power of the board.
(c) The qualifications, compensation," and removal from offic of the members of the board shall be as provided by law.

Page 32
SYNOPSIS OF C~~GES IN ORIGINAL ARTICLE CO}~ITTEE RECO}~NDATIONS PROPOSED 5Y THE SELECT COMMITTEE, 5Y THE HOUSE OF REPRESENTATIVES, AND 5Y THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

J--~CLE, SECTION,
iRAPH
Article IV, Section II, Paragraph I (continued)

CHANGES PROPOSED
HOUSE OF REPRESENTATIVES
New subparagraph (d) added, to read as follows:
(d) When a sentence of death is commuted to life imprisonment, the Board shall not have the authority to grant a pardon to the convicted person until such person has served at least 25 years in the penitentiary, and such person shall not become eligible for parole at any time prior to serving at least 25 years in the penitentiary. When a person is convicted of armed robbery, the Board shall not have the authority to consider such person for pardon or parole until such person has served at least five years in the penitentiary.
Same text as Select Committee otherwise.
SENATE'JUDICIARY COMMITTEE
Paragraph I. State Board of Pardons and Paroles. (a) There shall be a State Board of Pardons and Paroles which shall consist of five members appointed by the Governor, subject to confirmation by the Senate. The members of the board in office on July 1,1981, shall serve out the'remainder of their respective terms, provided that the expiration date of the term of any such member shall be December 31 during the seventh year of the term and provided, further, that, when any such members' terms are set to expire in the same year, the member with the shortest total service on the board shall serve for one additional year. As eael term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members appointed to the board effective after July '1, 1981, shall be for four years, provided that the terms shall expire on December 31 during the fourth year of the terms. Members shall serve until their successors are appointed and qualified. All appointments to fill vacancies on the board shall be for the remainder of the unexpirec term. Each year a chairman shall be elected by the members of the board from its membership.
(b) The board shall be vested with the powers of executive clemency, including the powers to grant reprieves, pardons, and paroles; to commute penalties; to remove disabilities imposed by law; and to remit any part of a sentence for any offense against the state after conviction.
NOTE:' .The power of the chairman to suspend the execution of a sentence of death was transferred back to the Governor. See Article IV, Section II, Para. Vof Senate Ju~cuary Committee draf
(c) The qualifications, compensation, and removal from office of the members of the board shall be as provided by law.
(d) When a sentence of death is commuted to life imprisonment or to a term of years or when a person is convicted of a crime for which the state has demanded the death penalty and in which the jury's finding of the alleged aggravating circumstances has been upheld on appeal, the board shall not have 'the authority ~o grant a pardon to the convicted person until such person has served at least 25 years in the penitentiary; and such person shall not become eligible for parole at any time prior to serving at least 25 years in the penitentiary. When a person is convictec of armed robbery, the board shall not have the authority to consider such person for pardon or parole until such person has served at least five years in the penitentiary.

Page 33
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE CO}~ITTEE RECO}~NDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

~~ CLE, SECTION, ;RAPH
Article IV, Section III, Paragraph I
"(

CHANGES PROPOSED
COMMITTEE TO REVISE ARTICLES IV AND V
Paragraph I. State Personnel Board. (a) There shall be a State Personnel Board which shall consist of five members appointed by the Governor, subject to confirmation by the Senate. The members of the board in office on July I, 1981, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for five years. A member of the State Personnel Board may not be employed in any other capacity in state government. A chairman shall be selected by the members of the board from its membership.
(b) The board shall prov~de policy direction for a State Merit System of Personnel Administration and may be vested with such additional ,powers and duties as provided by law. State personnel shall be selected on the basis of merit as provided by law.
(c) 'The qualifications, compensation, removal from office, and powers and duties of the members of the board shall be as prOVided by law.
SELECT COMMITTEE
Subparagraph (a) changed to read as follows:
(a) There shall be a State Personnel Board which shall consist of five members appointed by the Governor, subject to confirmation by the Senate. The members of the board in office on July 1, 1981, shall serVe out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for five years. Members shall serve until their successors are appointed and qualified. A memberof the State Personnel Board may not be employed in any other capacity in state government. A chairman shall be selected by the members of the board from its membership. (emphasis added)
Same as Committee to Revise Articles IV and V otherwise.
HOUSE OF REPRESENTATIVES
Same text as Select Committee.
SENATE JUDICIARYCOMMITTEE
Third sentence of subparagraph (a) changed to read as follows:
All such terms of members shall be for 'four years. (emphasis added
Same text as Select Committee otherwise.

Article IV, Section III, Paragraph II

No change.

Page 34
SYNOPSIS OF CHANGES 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

~--TCLE, SECTION, ;RAPH
Article IV, Section IV, Paragraph I

CHANGES PROPOSED
COMMITTEE TO REVISE ARTICLES IV AND V
Paragraph I. State Transportation Board created. Ca) There shall be a State Transportation Board composed of as many members as there are congressional districts in the state. The member of the board from each congressional district shall be elected by a majority vote of the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such congressional district meeting in caucus. The member! of the board in office on July 1, 1981, shall serve out the remai~der of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for five years.
(b) The State Transportation Board shall select a commissioner of transportation, who shall be the chief executive officer of the Department of Transportation and who shall have such powers and duties as provided by law.
(c) The qualifications, compensation, removal from office, and pOwers and duties of the members of the board shall be as provided by law.
SELECT COMMITTEE
Paragraph title changed to read as follows:
Paragraph I. State Transportation Board; commissioner.
Subparagraph (a) changed to read as follows:
(a) There shall be a State Transportation Board composed of as many members as there are congressional districts in the state. The member of the board from each congressional district shall be elected by a majority vote of the members Qf the House of Representatives and Senate whose respective districts are embraced or partly embraced within such conRressionaldistrict meeting in caucus. The members of the board in office on July 1, 1981, shall serve out the remainder of their respective terms. As each term of office expires. a successor shall be elected as herein provided. All such terms of members shall be for five years. Members shall serve until their successors are elected and qualified. (emphasis added)
Same as Committee to Revise Articles IV and V otherwise.
HOUSE OF REPRESENTATIVES
Same text as Select Committee.
SENATE JUDICIARY COMMITTEE
Fifth sentence of subparagraph (a) changed to read as follows:
All such terms of members shall be for four years. (emphasis
~ded)
Same text as Select Committee otherwise.

Page 35
SYNOPSIS OF CHANGES 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

~~-TCLE, SECTION, . :RAPH
Article IV, Section V, Paragraph I

CHANGES PROPOSED
COMMITTEE TO REVISE ARTICLES IV AND V
Paragraph I. Veterans Service Board; how composed; commissioner. (a) There'shall be a State Department of Veterans Service
and Veterans Service Board which shall consist of seven members appointed by the Governor, subject to confirmation by the Senate. The members in office on July 1, 1981, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided All such terms of members shall be for seven years.
(b) The board shall appoint a commissioner who shall be the executive officer of the department. All members of the board and the commissioner shall be veterans of some war or armed conflict in which the United States has engaged. The board shall have such control, duties, powers, and jurisdiction of the State Department of Veterans Service as shall be provided by law.
(c) The qualifications, compensation, removal from office, and powers and duties of the members of the board shall be as provided by law.
SELECT ,C(Ho{ITTE!
Paragraph title changed to read as follows:
Paragraph I. ,Veterans'Service Board; commissioner.
Added the following to appear as the last sentence of subparagraph
(a):
Members ihall serve until their successors are appointed and qualified.
Same as Committee to Revise Articles IV and V otherwise.
HOUSE OF REPRESENTATIVES
Same text as Select Committee.
SENATE JUDICIARY COMMITTEE
Deleted this section from the Constitution.
NOTE: The Select Committee recommended the reinstatement as Section VI of this article the provisions relating to the Board of Natural Resources. See Select Committee draft.
The House of Representatives recommended the reinstatement as Sections VI, VII and VIII, respectively, of the provisions relatin to the Board of Natural Resources, the Board of Industry and Trade and the Board of Offender Rehabilitation. See House of Representatives draft.
The Senate Judiciary Committee recommended that the provisions respecting these latter three boards, as well as those relating to the Veterans Service Board, be provided for by statute and not by the Constitution itself.

COMMITTEE MEMBERS
GEORGE BUSBEE GOVERNOR CHAIRMAN
ZEL.L MIL.LEFt \.IEUTENANT GOvERNOR
THOMAS B. MURPHV SPEAKER. HOUSE OF REPRESENTATIVES
ROBERT H. JORDAN CHIEF' JUSTICE. SUPREME COURT
J. KEL.LEY QUILLIAN CHIEF' JUDGE. COURT OF' APPEALS
ARTH UR K. BOLTON ATTORNEY GENERAL.
MARCUS B. CAL.HOUN 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. ASSIS'rANT EXECUTIVE DIRECTOR

TO:
FROM:
SUBJECT: DATE:

MEMBERS, LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION AND SELECT COMMITTEE
Michael J. Henry, Staff Attorney
Staff Recommendations for Changes in the Article IV Proposal
June 23, 1981

Since the final meeting of the Committee to Revise Article IV, the staff has been in the process of reviewing its proposal. Comments have been received from various attorneys and others. Based on this correspondence and staff review, the staff recommends the following changes:
Recommendations on Article IV
1. Article IV, Section I, Paragraph I needs to be modified to correct the date as follows:
"however, that members of the commission in office on June 30, 1983, shall serve out the remainder of their respective terms." (correction underlined)
2. Article IV, Section II, Paragraph I needs to be modified to correct the date as follows:
"The members of the board in office on June 30, 1983, shall serve out the remainder of their respective terms " (correction underlined)

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LEGISLATIVE OVERVIEW COMMITTEE SELECT COMMITTEE June 23, 1981 Page 2
3. Article IV, Section III, Paragraph I needs to be modified to correct the date as follows:
"The members of the board in office on June 30, 1983, shall serve out the remainder of their respective terms." (correction underlined)
4. Article IV, Section IV, Paragraph I needs to be modified to correct the date as follows:
"The members of the board in office on June 30, 1983, shall serve out the remainder of their respective terms." (correction underlined)
Also, the committee proposal contains inconsistent prov~s~ons. After a review of the committee meeting transcripts, the staff determined that the intent of the Committee would be implemented by changing the next to last sentence as follows:
"As each term of office expires, a successor shall be elected as provided herein."
5. Article IV, Section V, Paragraph I needs to be modified to correct the date as follows:
"The members of the board in office on June 30, 1983, shall serve out the remainder of their respective terms." (correction underlined)
M.IH/mk

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COMMITTEE M[MBERS;
GEORGE BUSBEE GOVERNOR CHAIRMAN
%EL.L MIL.LER LIEUTENANT GOVERNOR
THOMAS B. MURPHy SPEAKER. HOUSE OF REPRESENTATIVES
ROBERT H, JORDAN CHIEF .JUSTICE. SUPREME COURT
J. KEL.LEY QUILLIAN 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
404/856-7158

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
MEL.VIN B. HILL,. -JR. ASSISTANT EXECUTIVE QIRECTOR

ARTICLE V, EXECUTIVE BRANCH Table of Contents
Article Committee Proposal
Present Constitution
Cross-Reference Table, Present to Proposed Provisions
Notes and Comments
Synopsis of changes in original Article Committee Recommendations proposed by the Select Committee, by the House of Representatives, and by the Senate Judiciary Committee at the 1980 legislative session
Additional Staff Recommendations

CD Pages

@

Pages @ - @

Pages @ @ Pages @- @

Pages @
- Pages

FINAL DRAFT

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COMMITTEE Td REVISE ARTICLE V

December 5, 1979

ARTICLE V.

8

2

EXECUTIVE BRANCH

9

3

SECTION I.

10

4

ELECTION of GOVERNOR AND LIEUTENANT GOVERNOR

II

5

. Paragraph I. QQyernor :

15

6 ~ensation and allQwances. ~ere shall be a GOvernor whQ 16

7 shall hQld Qffice fQr a term Qf fQur years and until a 17

8 successor shall be chQsen and qualified. Person~ holding

9 the Qffice of Governor may succeed .themselves for Qne 18

10 four-year term of office. Persons who have held the office 19

.11 of Governor and have succeeded themselves as hereinbefore 20

12 provided shall not again be eligible to be elected to th~t

13 ~ffice until after the expiration of four years from the 21

14 conclusion of their term as GovernQr. The compen5atlon and 22

15 allowances of the Governor shall be as provided by law.

24

16

Paragraph II. ElectiQn-!Qt-OQY~oax. 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 fix~d 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 I I I. llilJtenant (hn.r.cm:. There shall 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 36

30 Governor. The Lieutenant Governor shall have such executive 37

31

duties as p~escribed by the Governor and as may be

32 prescribed by law not inconsistent With the powers of the 38

33 Gov~rnor or other prOVisions of this Constitution. The 39

34 compensation and allowances of the Lieutenant Governor shall 40

35 be as provided by law.

41

Paragraph IV. Q,ual1ticali2.D.:i_-2L. G2Y'lrDor -ao.d. 42

2

L1e\!te~t Gov'U:.:l~. 1:0 person shall be e Ii ~ible ror 43

3 election to the ott ice ot Governor or Lieutenant Governor 44

4 unless such oerson shall have been a citizen ot the United

5 States 15 years and a legal resident ot the state six y~ars 45

6 immediately preceding the election and shall have attained 46

1 the age of 30 years by the date ot assuming otfice.

41

8

Paragraph V. Succ'lssion to e~~.uv9 Qnw::r. (a) 49

9 In case of the temporary disabllityof the G",vernor as 49

10 determined in the manner provided in Section IV ot this 50

II article, the Lieutenant Governor shall exercise the powers 51

12 and duties of the Governor and receive the same comoensati~n

13 as the Governor until such time as the temporary dl sabil1.ty 52

14 of the Governor ends.

53

15

(b) In case of the death, resigMtion, or 54

16 permanent disability of the Governor or the Governor-elect, 55

11 the Li eutenant Governor or the Lieutenant Governor-e I ect, 56

18 upon becoming the Lieutenant Governor, shall become the 51

19 Governor tor the unexpired term.

58

20

(c) In case of the death, resignation, or 59

21 permanent disabil1 ty of both the' Governor or the 60

22 Governor-elect and the Lieutenant Governor or the Lieutenant

'23 Governor-elect, the Speaker of the House of Represl;lntatives 61

24 shall exerc!se the powers and duties of the Governor until 62

25 the removal of the disability or the election and 63

26 qualification ot a Governor at a special election, which 64

27 shall be held within 90 days from the date on which the

28 Speaker of the House of Representatives shall havl;l assumed 65

29 the powers and duties of the Governor.

66

30

Paragraph VI. ~tb of off~. The Governor and 61

31 Lieutenant Governor shall, before I;lnterlng on the duties of 68

32 office, take such oath or affirmation as prescribed by law. 69

.33

SECTION II.

72

34

DUTIES AND P(J\~ERS OF QWERNOR

13

- 2-

Paragraph I.

The chief 76

2 executive powers shall be vested in the Governor. The other 77
3 "lxecuti ve officers shall have such powers as may be 78

4 prescribed by this Constitution and by law, not inconsistent

5 with the powers of the Governor as the chief executiv"! 79

6 officer of the state.

80

7

Paragraph II. ~enforcemAnt. The Governor shall 8\

8 take care that the laws are faithfully executed and shall be 82

9 the conservator of the peace throughout the state.

84

\0

Paragra ph I I I. Commaocier 1!L~W. The Governor 85

.11 shall be the commander in chief of the military forces of 86

12 this state.

87

13

Paragraph IV. Y.a~ power. Except as otherwise 88

14 provided in this Constitution, before any bill or resolution 89

15 shall become law, 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

2\ two-thirds' vote, override such veto as prOVided in Article

22 III of this Constitution.

96

23

Paragraph V. ~ts of election. The Governor 97

24 shall issue writs of election to fill all vacancies that may 98

25 OCCur in the Senate and in the House of Representatives.

100

26

Paragraph VI. Inf?rmation ~d-~eco,me~tiQns to 101

27 the General Usembly. At the beg1.nning of each regUlar 102

28 session and from time to time, the Governor shall give the 10l

29 General Assembly information on the state of the state and

30 recommend to its consideration such measures as the Governor 104

31 may deem necessary or expedient.

106

32

Paragraph VII. Special sessions ~ the General 107

33

(a) The Governor may convene the General 10d

34 Assembly in soecial session by proclamation which may be 109

- 3-

amended by the Governor prior to ~he convening of the lO~

2 special session or amended oy the Governor with tLd anproval 1Ji)

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~ent

7 thereto.

114

8

Cb) The Governor shall conve ne the Genera I 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 wri ting, wi th a copy to the Secretary of

12 State, that in their opinion an emergency eXists in the liS

13 affairs of the state. The General Assembly may convene II

14 itself if, after rece! ving such certH ication, the Governor 120

15 fails to do so within three days, excluding Sundays.

121

16

(c) Special sessions of the General AssemblY shall J 22

17 be limited to a period of 40 days unlass at the expiration 123

18 of such period an impeachment trial of some officer of state 124

19 government is pending, in which event the House shall 125

20 adjourn and the Senate shall remain in session until such

21 trial is completed.

126

22

Paragraph VIII. Filling yacan&~. (a) When any 127

23 public cffice shall become vacant by death, resignation, or 129

24 otherWise, the Governor shall promptly fill such vacancy 129

25 unless otherwise provided by this Constitution or by law, 130

26 and persons so appointed shall serve for the unexpired term

27 unless otherwise provided by this Constitution or by law.

132

28

(b) In case of the death or withdrawal of a oarson t':ll

29 who received a majority of votes cast in an election for the 134

30 office of lieutenant Governor, Secretary of State, Attorney 135

31

General, Commissioner of Agriculture, or Commi~sioner of 13~

32 laber, the Governor elected at the same election, uoon

33 becoming Governor, shall have the pow~r to fill such office 137

34 by appointing, subject to the confirmation of the Senate, an 139

35 individual to serve tor the unexpired term of office.

13

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Paragraph IX. ApQointments b~~~. The 140

2 IJ.Jvernor 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 Sp.nate, 14'3

5 that person shall not be renominated by the Governor for

6 appointment to the sarne office until the expiration of a 144

7 period of one year from the date o~ such rejection.

146

8

Paragraph X. l.!:ltQuatipn from ofticgr5 ...ao..d. 147

9 employees. The Governor may require information in writing 148

10 from constitutional oificers and all other officers and 149

J 1 .employees of the executive branch on any subject relating to 150

12 the duties of their respective offic~s or employment.

151

13

SECTION II I.

153

14

oTHER ELECTED EXECUTIVE OFFICERS

154

15

Paragraph I.

U.t.har~_..:liAi...:oX.li,e~.t..1Jl:e of t1 cP. r s.a.....bm! 157

16 elected. The Secretary of State, Attornay General, 15a

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 same. 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.

163

23

Paragraoh II. Qya 11 f 1catlilllS.. (a) No person 164

24 shall be eligible to the office of the Secretary of State, 165

25 Attorney General, Commissioner of Agriculture, Commissioner 166

26 of Labor, or District Attorney unless such person shall have 167

27 been a citizen of the United States for ten years and a

28 legal resident of the state for four years i~mediately 163

29 preceding election or appointment and sha 11 have attained 169

30 the age of 25 years by the date of assuming office. All of 170

31 said officers shall take such oath and give bond and

32 security, as prescribed by law, for the faithful discharqe 171

33 of their duties.

172

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_.,.-.'-

Cb) No person shall be Attorney General unless 171

2 such person shall have been an active-status memb~r of the 174

3 State Bar of Georgia for seven years.

175

4

Cc) No person shall be a District Attorney unless 175

5 such person shall have been an active-status member ot the 177

6 State Bar of Georgia for three years immediately oreceding 178

7 such person's election.

17~

8

Paragraph III. ~wers. duttec;, c"lmpp-ns.,tiQn ..an.d 180

9 allowances of Qth~r executive officp-rs. Except as ot~erwise 181

10 provided in this Constitutiqn, the General Assembly shall 182

.II prescribe the powers, duties, compensation, and allo\"ances lal

12 of the above executive officers and provide assistance and

13 expenses necessary for the operation of the deoartment of 184

14 each. The District Attorneys shall be entitled to receive 185

15 such local suoplements to their compensation andallowancas 186

16 as may be prOVided by law.

187

17

Paragraph IV. AUorney Genenl. duties. The 133

18 Attorney General shall act as the legal advisor of the 18~

19 executive department, shall represent the state in the 191

20 Supreme Court in all capital felonies 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 required by 192

23 law.

193

24

Paragraph V. Jl1..s.trict Attorneyc;, nl1r.lber. rl!.!tll~ 194

25 immynity. There shall be a District Attorney for each 195

26 Judicial circuit, whose term shall be four ye~rs. The 191

27 successors of present and subsequent incumbents shall be 197

28 elected by the electors of their respective circuits at the

29 general election held immediately preceding the e~piration 199

30 of their respective terms. It shall be the duty of the 19~

31 District Attorney to represent the state in all cri~inal 200

32 cases in the superior court of such District Attorney's

33 circui t and in all cases aopealed from the superior court 201

34 and the Juvenile courts of that circuit to the Supreme Court 202

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!~

and Court of Appeals and to perform such other duties ~s 203

2 shall be required by law. Tne District Attorneys shall 204

3 enjoy such immunity from orivate suit as is nece5sary for

4 the performance of their duties.

206

5

SECTIoN IV.

208

6

DISABILITY OF EXECUTIVE OFFICERS

209

1

Paragraph I. "Elected constitutional Axecutive 212

8 officer." how ~llD.ftd. As used in this section. thA term 213.

9 'elected cons t itut ional executi ve officer" means the 214

10 Governor, the Lieutenant Governor. the Secretary of State,

II the Attorney General. the Commissioner of Agriculture, and 215

12 the Commissioner of Labor.

216

13

Paragraph II.

pr:QcedlJre __ tar:...- deter'!l1n.1rl.o 217

14 disabi 11 ty. (a) Upon a petit.ion of any three of the 21'3

15 officers listed in subsection (b) below to the Suprema Court 21~

16 of Georgia that an elected constitutional executive officer

17 is unable to perform the duties of officA becRuse of 8 220

18 physical or mental disability. the Supreme 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 qual1 fied 225

24 physicians in private practice, one of whom must be a

25 psychiatrist.

226

26

(b) For the purpose of this Paragraoh, the 227

27 officers who may petition the Supreme Court for a 229

28 determination of disability of an elected constitution~l 229

29 executive officer shall include the followingl any elected

30 constitutional executive officer, t~A President jf the 23C>

31

Senate, and the S~eaker of the House of Representatives.

232

32

Paragraph II I. Effpct

213

33 ~~. If, after hearing the eVidence on disability, 2H

- 7-

the Supreme Court determines that therp. is a disability a:"\d 233 2 tl\at such disaoility is p~rmanent. the office shall oe 235 3 declared vacant and the successor to that office shall be 4 chosen as provided in this Constitution or the laws e;)",cted 237 5 in pursuance thereof. If it is determinp.d that the 239 6 disability is not per~anent. the Supreme Court shall 23~ 7 determine when the disability has ended and when the officer 8 shall resume the exercise of the powers of office. During 9 the period of temporary disability, the powers of such 10 office shall be exercised as provided by law.
- 8-

I

ARTICLE VI.

8

2

JUDICIARY

9

3

SECTION I I.

10

4

SUPRt:ME COURT AND COURT OF APPEALS

II

5

Paragraph IX. ~l:Ils from the Jl/venl1",CQ!Jti.. 14

6 The Supreme Court and Court of Appeals shall have 15

7 jurisdiction to review by direct writ of error, and without 16

8 the necessity of a motion for new trial having been made, 17

9 all final JUdgments, orders, decrees and adjudications

10

rendered by any juvenile courtr-aAeT-+~~eir-~~~~~~-ee-~e 18

.J I

8~~y-&~-~8+~~~~e~-h~~p~ey-e~-~&-~~~~er-&~~~~W+~" 19

12

~~~eA--~-~&R~re-ee~p~-ep-ee~p~~-ePe-r&ee~e-~-~&~~~ 20

13

The time for filing

14 such bill of exceptions, and the procedure governing same, 21

15 shall be as no\'/ provided by law for appeals, or as may

16 hereafter be provided by law, but in any case, the JUY9nile 23

17 Judge may by order grant extensions of ti~e for the filing

18 of such bill of exceptions so as to afford opportunity for 24

19 preparation of a brief or transcript of evidence, in cases 25

20 where such 1s required.

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e-~~~&~~~-~~-t~-~~~~~~4-~&~~-~~-be-&ree~4T

43

2

P&~~~a~-~~r--g~tt~~T--f~-~e+r-be-~~~~~-&~-~~~ 44

3

a~~~p~&~-e~~ePAe~~-~~P&~~~-~~-S~~~~A-&+r-e&~e'-~A-~~

45

4

~~~~~-&&~~-e~-A~~-e~e~~~-e~e-~~-e~-e~~-~~-~~-~~

46

5

~A&-~~e~~ep-ee~~~-&~~~~-&~~~~~-~~5~~~~e-ge~p~T-~Ae

47

6

S&~P~-&~~~~r9-~Ad-~~&~~e~m-,~~-e~ep~&P+~~-e~-~~&TT

48

7

b&-p~~~~a-~-ft~m-b~-rewT

49

8

P&~&;~~h--ff~r---eeO'trne:teoT--W~~e&~-~Ae-w&~~ 50

9

u~r~~~~~ep&r~-w&pe-~~ee--~&~&~&~e--~A--a~--~~~~eT

51

10

W~&A--~~--weFe9--W&P&--~,ed--~e-pePep-~-~~-e~~~~~-~~

52

.11

di-,~~fe~-a-~~I"A-&~P'&""~-~&P~A-~~M -S~~~Ar-~lot!!'~- -!!'MH 53

12

~-~ra-&Aa-~~A-~~eaA-~~&-df,~~et-e~~&P~YT

54

13

SECTION XII.

56

14

SAL"RIES OF JUSTICES. AlliJ JUDGEST-ItH9-efS;Rfef-~=H"(+~N-EY.5

57

15

Paragraph r. CQmnen.,atiQ!)_...a.od A11gw3nr,e., ?f 60

16

Justices, and .w~e5-e~e-at:!:~~-.'r"!::e"f't""':'. The Justices 61

17 of the Supre~e Court, the Judges of the Court of ADpeals, 62

18

~ the Judges of the Superior Courtsr-&ftd--t~~-e+,~,.~~ 63

19 h~~PAe~~ shall receive such compensation and allowances as 64

20 provided by law. The General Assembly may authori!e any 65

21 county to suoplement the compensation and allow~ncp.s of a 66

22

judge of the Superior Court &Ae--9~~~~~~-h~~p~~-e~-~~e

23

out ~~~ar--ei-~~~~-i-A--~~~--~~-e~A~~rt~ of county 67

24 funds: Provided, however, where such compensation And 68

25 allowances are, on the effective date of this Constitution,

26 being supplemented out of county funds under existing laws, 69

27 such laws shall remain in force until altered by the General 70

28 Assembly; Provided. further, that the Board of County 71

29 Commissioners of Richmond County, or the Judge of the 72

30 Probate Court, or such other bo~rd or person as may f~om

31 time to time have charge of. the fiscal affairs of said 71

32 county, shall without further legislative action continue to 74

33 supplement from said County's treasury the compensation and 75

- 2-
;,;

aliowances of the JUdge of Superior Court of the circuit of 16

2 ~~ich the said County of Richmond is a oart, by the sum of

3 Two Thousand ($2.000) Dollars per annum. whic~ shall be in 11

4 addition to the amount received by said JUdge out of the 73

5 State treasury; and such payments are declared to be a part 79

6 of the court exoenses of said County, and suc~ payment sh~ll

7 be made to the Judge now in office during his present or 8)

8 subsequent terms, as well as to his successors, with the 91

9 authority in the General Assembly to increase suc~ 82

10 compensation and allowances from the Count tr~asury ~s

J I above provided.

83

12

~&~pa~-+fT---e~W2e-~-~bftrt~~.,e-~to't~;~="~

94

13

&f-at~ve~-e~~erO:r---F~~--S&A&~a+--h~~&m~~y-~~~r~--ft=~ 85

14

~~T--&~-&~-~~&T-b~~~w;-~-~r~~~-~~&-~&~~&~H~A~-~~ g6

15

~~~~~-&F-e~~~~!&~-e~~~~~1-~A-e~--~~~~~HT~~-1~dt&t~

91

16

&+~&~~~T--aAe--~A-~~&~-~~&~~~~-~~-~~~~~&-~~&~~~~-e~

11

a~re~Ae~-~-~~e~-e~~~T-*~~~~~-~~~-~e-~&-~~~~~~~ B~

18

&~~~~-&e~~~~a~&A-&~-&~~~WaA&&~-~A-~e-e~~~~~-&~~e~t~~ 89

19

&Ae---~~&---~~~-~~--~~~~&~--~~~-~~-~~~~tA~-~~ 90

20

e+~~~~~teA-~~~-&&~e6&~~-~~&-~~A~r-#e~&+~~p~~eAe-~~~

21

ee&~~tA~~e-~-e#~t&&-e?--4~~~~~&~-e~~~A&Y--+A--~~--~

91

22

92 j~t&+eT--&~~&~~~-~~-~~-~~&~&~-eber~~&e~A~-rt~w~~

23

~~&r-~&&-~~-~~~&~-~~~.-~~-~~-~-d&~t~&~~-~~-a~r~~~ 93

24

~~~-eem~eA~~~&A-aAe-&TreWeAee~-e~~~~~ebr~~~~~-~~~+94

25

b~~-~A-&~~~&~&eA~r~~eA-~~-e~~A~ed~~~~&~~-~~e+-~~

26

eeeeme--&4~te-~~~~r--~~e--e~e-~-~~~&~-~-W~~~-~~ 95

27

at~~~te~-e~~~~e~~~~-&~~eT

96

28

SECTION XIII.

98

29

QUALIFICATIONS OF JUSTICES, JUDGES, ETC.

99

30

Paragraph I. Ai!"; G1tlzenshl~ practice ..!lL.l''l'''. 102

31 No person shall be a Justice of the Supreme Court, ~ Jud?e IO~

32 of thp. Court or Anpeals. or a Judge of Suop.rior Courts, 104

33 unless. at the time of his election, he shall havp. attained 105

- 3-

, 1'-"

the age of thirty years. and shall have been a citizen ot 105

2 the State thr ...e years. and have practiced I a": for sev"n

3

years. N&-~~~-~a~r-e&-"~~&~~~-eeRe~&r--~Ar&~~-~~-~& 107

4

~~&--&~--~~~-er&&~t&A--~&--~~arr--Ra&-&~e+A~d-~~&-e~-.~~ J09

5

ll'we-~ll')"-~~y.e.-y&~~-:t~e-M'l&H~e"'&--be~A--a--e-t~f:.l!o&~-&f--~ 109

6

S~a~&--~~--~~--,.&&P!t-~lfo~-~eee-o::ft-I't~!'ri-~rie-&H&A~A";-~'!''''&

7

"~l!te~e-~aw--4&~-!te-y.M'l--.,.&ap"_--Ne--~"'~&A--~~'trr--e&--e 110

8

dt-~ll'~~&~--a~te~~~.-~~~-a~-ll'~-~~&~~t~-&~~tel't-~e 111

9

~H~ae--aH-*A&e-~W&M.,..-t~-e-.,.&&~~-&f- ~r--~&H--.,!'t ..,

112

10

&~A--&-e-t~f:.~~-&~-~~&-5.&~-~"'-ll'~",&&-,.~a"'~r-aAe-~~l!t~r-~& e

.11

,,~eell't&ee-~~-~p-~P&e~&P9-~e~~-~~&ee+~~~~-&r&&~~~T

11'3

- 4-

ARTICLE VIII.

8

2

;D!JCATI()~

9

3

SECTION I II

10

4

SfATE SCHOOL SUPERINTENDENT

II

5

P&~~~--fT---5j;.et;e---SehC"'t----&,"e-et"h~~

15

6

~t'OA---f7~"T-~--~~&~&--~~e--~--a--S~~--S&~007

16

10

6&&PA&~r--~9--S~&~&-s&~oo~~~~~j;.~~j;.~tt-~eY~~~ 19

II

ettt&i-1-F-i-&&t-i-e-ft90-&M-~&t ~ee- !,,&~e -~ttefol- eel!t~ e~ ~&~Mt-a~-lM'"..-e&

20

12

F-f;olEe'&-&'f'-i-Itlh--Ne-lftelltl&et"-eF-- VAe--S~aee---~et-e--&F---Ed~&aj;.f:-e.!'I 21

13

,~ai-t-~--&t1-~~t&--~~--&te&~te~~-e,---&j;.aj;."---~e&t

14

~~~j;.&A9&Aj;.-e~~1-~-j;.~&-j;.~Ilt&-~~W~~~&-~etr-~e&-~ 22

15

a~~a1-A~dT

16

Paragraph

r. State

School

23
Superintp,ndent; 24

17 a>&;{;lo<>.o.p.....i...n....t."."'m.e....n....t..o. .-_...".,...t..c........_I...h...e..r...e.._.......s.h.""'.a...l.!."----'-'bIL-_a.-.. St a t P, Sc..b.Q2L 25

18 Superintendent ~hall bl'! apPQinted bv the State BnRrd-Q! 26

19 EducatiQn. by and with the advice and &Q~~i-at the Senate. 27

20 Ihe State SchQQl Superintendent shall be the chief exa~~

21

Qificer Qf the state Board Qf EducatiQOL__Ib~ste Soard Of 28

22 EdycatiQo !ihall pre!icribe the qua110catioo!i. period ao.d. 29

23

c Qndi t ~_-"o""f

~li.l.m..p....I...Q. u.y..m....e..aL.- ..:,do6.lo.u.t...i.,.ae-..s..'_ ...a.".""u.l&'thu.:.Q..r....i...:.t~,_-..aD.l1 30

24

""",QmI'l'PWlei.l.n.!.il.liaUot"",i~Q.u.n_...IaiLn..d.. '---2a..l.o.lo.lIQ~w;uau.nl.loc:.!:iF!..Ols_..lQ""fl.- . ....lIt.u.h.li.e_...SeU.t.i.'l!.lt.."..,

S~cllQQ.l

25

Syoerlntendent.a.---lo- case of a vacanc~1o-S~PQSitiQD-fQL 31

26 any reasQo. the bqard !ihall apooint--a- new S~ __~haQl 32

27 Superintendent _\tW2.. !ihall Mue !lntil the...,Seoate sl)"'lJ l)"lV'" 33

28

acted ~lU:D.ing !illch persQn'!i CQnf1rnll~-l!!2-_:n.lUILI;H!.I:--.Q!.

29 ~ State BQard Qf Edqcat ion-Sb.a.lL be ~ l1gibl e fol:. 34

30

apoQintment 9!i St,te School SUQeriDteD~!ll..Q1Jring..iJlL~ 35

31

!oL- which !iucb memb"'r shpll have bF!en-2~Qlnted. The st",t~

32 SS;bQol Superint.e,ndent io oHue on ,Jqlv I. 1981. <;1",11 sery", 35

33 fQr the remainder of the term to which elect~d. "It which 37

34

time the Sta~~choQl Superint"'odp,nt c;hall be an?Qln~QLas 3~

35

~reinabQye prqyided.

(1l)

PRESENT CONSTITUTION

AlIXlCLE v.

1792

2

EXECUTI VE BRANCH

1793

3

SECTION I.

1795

4

ELECT~ON OF GOVERNOR AND LIEUTENANT bOVERNOa

1796

5

Paragraph 1.

_ - 2 L Go vern::i:o~r..i.._~T.:=e..!:.r II Office;

1799

6

~ollpensat12u and A110vances. The executive pover sha11 be 1800

7 vested in a Governor, who sha11 hold his office during the 1801

8 term of four jears, aud until his successor shall be chosen 1802

9

and qual~fied. The Governor serving on the eftective date 1804

10 of this Constitution and future Governors sna1l be eligib1e 1805

11 to succeed thease1ves for one four-jear term. In the event 1806

12

a Governor succeeds himself he shall not a~ain be e1igible 1807

13 to hold the office ot Governor. In the event a Governor 1808

14

does Dot succeed hiaself he shall not be el~gible to h01d 1809

15 the office of Governor until after the expiration of four 1810

16 fears trom the conclusion of his ter.. The compensation and 1811

17

allowances ot the Governor shal1 be as prov~aed by lave No 1813

18 Governor shall receive any emolUilent from tne United States, 1814

19 or eitaer of them, or troa an} foreign pover.

1816

20

Paragraph II. Election for Governor. The first 1819

21

election for Governor, under this Constitlltion, shall be 1820

22

held on Tllesday after the first 80nday in November of 1978, 1821

23 and the Governor-elect shall be insta11ed in office at the 1822

24

Dext sessioa of the General lssemb1y. An election shall 1823

25 take p1ace quadrenaially thereafter, on said date, until 1825

26 another aate be fixed by the Genera1 Assembly. Said 1826

27 electioa shall be held at the places of holding general 1827 28- elections in the severa1 counties of this State, in the 1828

29 manner prescribed for the election of meabers of the General 1829

30 1 ssembl}, aad the electors shall be the salle.

1830

31

Paragraph IU.

~aission, canvassi~fnd 1833 .

32

~uqli.shin9 i1.ecllin ieturns. The retllrns of each elect] on 1834

- 49 -

district i~ a gUber~atorial election shall be seal~d up by 1835

2

the superint~ndent thereof separately from other returns and 1836

3 shall be transmitted to the Secretary of State. On the 1837

4

Tuesday next followi~g the general election, unless the date 1838

5 therefor shall be changed by law, the Secretary of State 1839

6 shall transmit said returns to a Constitutional Officers 1840

7 Election Board which shall be composed ot the Speaker and 1841

8 Clerk ot the .Bouse ot Representatives, the President Pro 1842

9

Tempore and t~e secretary ot the senate, and the chairman of 1843

10 each standing committee of the General Assembly. Such Board 1844

11 shall open and publish the returns, and the person having 1846

12 t he majority of the 11401e number of votes Shall be declared 1847

13 duly elected Governor of this State. Each candidate for 1848

14 Governor shall be entitled to designate one person to be 1849

15

p resent at Ue openin~ of the returns.

1850

16

Paragraph IV. ~n-off Election. In the event no 1853

17 gubernatorial candidate receives a majority of the whole 1854

18 number of votes cast in the general election, the 1855

19 Constitutional officers Election Board shal~ continue the 1856

20 gubernatorial election by immediately caLling a run-off 1857

21 e ]action and designate as candidates therein the two persons

22 who received the highest number of yotes, who continue in 1858

23 lit-e and have ~ot declined to continue as a gubernatorial - 1859

24 candidate. Xhis run-off election shall be held on the third 1860

25

TuesdaI i.mediately following the ge~eral election unless 1861

26 the date thereof shall be changed bI the General AssemblI. 1862

27 Tbe run-otf election shall be a continuation of the general 1863

28

e]action and onlI the electors who were ent~tled to vote in 1864

29 the general election shall be entitled to Yote therein; and

30 o nl J thoS4! vo tes cast for the t vo persons designa ted shall 1865

31 be counted in the tabulation and canyass of the Yotes cast. 1866

32 The provisions relating to the transmission of the returns 1867

33 in the ge neral election, the opening of the returns, their 1868

34 tabulation, canv.assing and publication shall apply to the 1869

- 50

rWl-of.t election. On the Tuesday next follow.Lng the run-off 1870 2 election, the Constitutional Officers Election Board shall 1871 3 couyene, OpeD, canvass, tabulate and publish the returns of 4 the run-oLf election. T.he person ha dng the highest number 1872 5 of votes entitled to be counted in the run-ofL election 1873 6 shall be declared the duly elected Governor of this State. 1874

7

~aragraph V.

General Assembly may provide 1877

8

~dditional procedures. The General Assembly may provide by 1878

9 law for any additional procedures or reguirements connected 1879

10 with any SUbject matter embraced within Parayraphs III and 1880

11 I V and in connection with any contested election, provided 1881

12 s u:::h lavs are not inconsistent with the prov.1.sions therein. 1882

13

Paragraph VI. Lieutenant Governor. There snall be 1885

14 a Lieutenant Governor, who shall be elected at the same 1886

15 tille, for the saE tera, and in the same manner as the 1887

16 Goyernor. He shall be President of the Senate. The 1888

17 compensation and allowances of the Lieutenant Governor shall

18 be as provided by law.

1889

19

2aragraph VII. yualificatioDs of Governor and 1892

20

~ieuteAant Governor. Ho person shall be eligible to the 1893

21 office of Governor or Lieutenant Governor, who shall not 1894

22

~ave been a ci~izen of the United States fifteen years, aAd

23 a citizen of the State six y~ars ill.ediately preceding his 1895

24 election, and who shall not have attained tAe age of thirty 1897

25 years when he assumes office.

1898

26

Paragraph VIII. Succession to Execqtive Powe~. In 1900

27 case of the death, resignation, or disability of the 1901

28 Goyernor or the Governor-Elect, the Lieutenant Governor or 1902

29 the Lieutenant Governor-Elect upon becoming the Lieutenant 1903

30 Goyernor shall exercise the executive power and receive the 1904

31 caapensation of the Governor until the next general 1905

32 election, at which a successor to the Governor shall be 1906

33 elected for the unexpired tera; but if such death, 1907

- 51 -

resignation, or disability shall occur within thirty days of 1908

2

the next gene~al election, o~ if the term wi~l expire within 1909

3

ninety days aft~ the next general election, the Lieutenant 1910

4

Governor shall exercise the executive power and ~eceive the 1911

5 c OIIpensation of the Governor for the unexpired terlll. If the 1912

6 Lieutenant GOvernor shall becollle a canaidate for the 1913

7 unexpirea term of the Governor, he shall thereby resign his

8 office as Lieu tenant Governor, effective upon the 1914

9 q ualifica tion of the Governor elected for the une.xpired 1915

10 teea, and his successor for the unexpired tera shall be 1916

11

e !ected at such election. In case of the death, 1917

12

resignation, or disability .of both the ~overnor and the 1918

13 Lieutenant Governor, the Speaker of the House of 1919

. 14 Representatives shall exercise the executive power until the 1920

15 . rellloval of the disability or the election and qualification 1921

16 of a Governor at a special election, which shall be held 1922

17

within sixty days f~olll the date on which th~ Speaker of the 1923

18

House of Representatives shall assume the executive ~ower. 1924

19

Paragraph 11. Oath of Office. The Governor shall, 1927

20

before he enters on the duties of his office, take the 1928

21 following oath or aftirlllation: "1 do s61emnly swear (or 1929

22 affirm, as tile case may De) that I will faithfully execute 1930

23 the office oL Governor of the State of Georgia, and will, to 1931

24 t he best of my abilitj', preserve, protect, clDd defend the 1932

25 Constitution thereof, and the Constitution of the Dnited 1933

26

States of AlIerica. It

1934

27

SECT lOB J: I.

1936

28

DorIES ABD POWERS OE GOVERNOR

1937

29

Pa~agraph 1. COlllmander iD-Chiet. The Governor 1940

30 shall be cOllllllander-in-ehief of the army and navy of this

31

State, and of the militia the~eof.

1943

32

Paragraph II. Reprieves and Pardons. The Governor 1945

- 52 -
.-
I ~) \

shall have ~ower to suspend the execution of a sentence of 1941

2 death, atter conviction, tor offenses against the State,

3 until the State Board of Pardons and Paroles, hereinbefore 1948

ptovided, shall have an opportunity of hearing the 1949

5 application of the convicted person for any relief within 1950

6 the power of such Board, or for any other purpose which may

1 be deemed necessarl by the Governor. Upon conviction for 1951

8 tD!ason the Governor mal only suspend the execution of the 1952

9 sentence and report the case to the General Assemhly ~t the 1953

10 next meeting thereof, when the General Assembly shall either

11 pardon, commute the sentence, direct its execution or grant 1954

12 a further reprieve. rhe Governor shall, at each session of 1955

13 the General Assembll, communicate to that bodl each case of 1956

14 suspension of sentence. stating the name of the convict. the 1951

15 offense for which he was convicted. the selltence and its

16 date, the date of the reprieve or sus~nsion, and the 1958

11 reasons for granting the same. He shall take care that the 1959

18 laws are faithfulll executed. and shall be a conservator of 1960

19 the peace throughout the state.

1961

20

Raragraph III. ~s of Election; Called Sessions 1963

21 of ,theGen!S! !semblx. The Governor shalL issue ~rits of 1964

22 election to fill a.l.l vacancies that IlaI happen in tAe Senate 1965

23 an~ the House of Representatives, and shal.l ~ive the Genera.l 1966

24 Assembly. from time to time, information on the state of the 1968

25 State, and recoamendfor its consideration such measures as 1969

26 he may deem necessarl or expedient. The Governor sha.l.l have 1910

21 power to convoke the General Asseab.l1 on extraordinary 1911

28 occasions, hut DO law shall be enacted at called sessions of

29 the GeneraL Issemb.ly. except such as sha.ll relate to the 1912

30 object stated in his proc.lamation cODven~ng them: providing 1913

31 tb&t such called sessions of the General Asse.bll shall not 1914

32 em:eed 10 daIS in length, unless at the expiration of said 1915

33 period there .sh all be pending an impeachme.nt trial of so IDe 1916

34 officer of the State Government in which event the General 1971

- 53 -

\.')-\
..-.J.

Assembl}' lIill be a utAorizel1 to remain in Sl:!ssion until such 1978

2

trial sha~l haVE been completed.

1979

3

Provided. hOllever. that when three-fifths of the 1980

members elected to the House of Representa ti ves and 1981

5 three-fifths of the memoers elected to the Senate snall have 1982

6 cectified to the Governor of the State of Georgia that in 1983

7

their op~nion an eme~gency exists in the affairs of the 198IJ

8 State of Georgia. it shall thereupon be tAe duty of said 1985

9

Governor and mandator}' upon him. within five days fr~a the 1986

1G receipt of such certificate or certificates. to convene said 1987

11 General Assembl}' in extraordinary session for all purposes: 1988

12 and in the event said Governor shall. within said tiae. 1989

13

Sundays e~cluded. fail or refuse to convene said General 1990

1IJ 1sseabl}' as aforesaid. then and in that event said General

15 Asseably may convene itself in extraordinary session. as if 1991

16 cODvened in regular session. for a~l purposes. provided that. 1992

17 such extraordinary. self-convened session snall be limited 1993

18 to a period or 30 days. unless at the expiration of said 199IJ

19

period. there shall be pend~ng an impeachment trial of soae 1995

2G officer of the State Government. in which event the General 1996

21

Asseab~y sha~l be authorized to remain in session until such 1997

22 trial SAall have been completed.

1999

23

the members of the General lssemblx shall receive 2000

2IJ the saae compensation and allowances during such 2002

25 extraordinary session as provided by law during a regular 2003

26 session.

200IJ

27

Paragraph ~v. Filling Vacancies. When any office 2007

28 shall become vacant. by death. resignation. or otherwise. 2008

29 the Governor shall have power to fill such vacancy. unless 2009

30 otherwise provided by .Law: and persons so appointed shall 20 '0

31 continue in office until a successor ~s comaissioned. 2011

32

agreeab~y to the mode pointed out by this Constitution. or 2012

33 bylaw in pursuance thereof.

2013

3IJ

Paragraph v. Appointments Reiected. 1 person once 2016

- 5IJ -

rejectell b}' the Senat.e, sna~l not be recippoJ.nted by the 2017

2 Governor to t.oe sa lie of fice durin g the sa me session, or the 2018

3 recess thereaLter.

2019

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

Paragraph YI. Governor"s vetg. rhe Governor sha~l
have the revision of all bills passed oy the General
Assembl}' before the same shall become laws, but two-thirds of each House maj' pass a law notwithstandJ.n~ llis veto; and if any bill SAould not be returned by the Governor within five days (Sundays excepted) after it has been presented to him, the same shall be a ~aw; unless the General Assembly, by their adJournment, shall prevent its retllrn, in which event tl1e Gove.r Dor shall ha ve thirty days (sundays excepted) ftOm the date ot adjournment in Which to app.rove the salle, and if not approved within that time, the same shall become a law. He mal approve any appropriation, ana veto ant other appropriation, in the same bill, and the latter shall not be effectual unless passed Dj two-thirds of each House.
Wl1eneve.r sucll bill has been vetoed oj' the Governor, it shall be the duty of the Governor to transmit such bill to the presiding officer of the Branch of the General Assembly in which i t o.riginated, together . WJ.th a list of reasons, if any, for such veto. Such transmission shall be made within thirtJ--fi~ve days,-",-(Sundays excepted).- from the "date of the adjournment ot . the Session of:tie General Assembly at which such bill vas passed. Sucll bill may be considered by the BranCA of the Genera~ Assemblj in Which it originated at anj time within the first ten days of the next regular Session of the General ASSemblj for the purpose of overriding the action of the Governor. In the event the action of the GoverAor is overridden by two-thirds of the votes of such Branch of the General Assembly the same shall be immediately transmitted bj the Secretary of or the Clerk of such Branch of the General Assembly to the other Branch of the GeDeral Assemblj. It shall be the duty of the

2022 2023
2024 2026 2027 2028 2029 2030 2031 2032 2033 2034 2036 2037 2038 2039 2040 2041 2042 2043 2044 2045 2046 2047 2048 2049 2050 2051 2052 2053

- 55 -

presiding officer of such other Brauch of the Gene~al 2054

2

Assembly UEOD ~eceiving such Bill to dispense with all 2055

3

business that is then being conside~ed and to then and there 2056

4

conside~ and act upon such Bill for the purpose of 2057

5 overriding the action of the Governor. 10 the event the 2058

6

a etion of the Governo~ is overridden by tllo-thi~ds of the 2059

7

votes of such Branch of the General Assembly such Bill shall 2060

8

In the event either Branch of the General 2061

9

Assembl} should tail to override the Governor's actio~ on a 2062

10 Bill, such bill sha~l not again be presented to the General 2063

11

Assembly of Georgia fo~ the purpose of overriding the action 2064

1Z of the Governor. In the event any bill is enacted into law 2065

13 pursuant to the terms of this paragraph, the effective date 2066

111 of such bill shall be on the date that such bill vas acted 2067

15

upon by the Branch of the General Assembly ~ast acting upon 2068

16 such bill.

2070

17

Rrovided, however, that any bills tnat are vetoed 2071

18 by the Govecnor after the adjournment of the regular session 2072

19 of the Geoeral Assembly immediately preceaing the general 2074

20 election iD which the Governor is elected, shall not be 2075

21 subject to be overridden by the next regular session of the 2076

22 General .lAse.bly.

2077

23

Paragraph VI~. GovernQr to Approve Besglutions. 2079

24

Every vote, resolution, or order, to, which .. the 2080

25 concurrence of both houses aay he necessary, except on a 2081

26 question ot electioD or adjournment, shall be presented to 2082

27 the Governor, and before it shall take effect be approved by 2083

28

him, or, being disapproved, shall be repassed hy tvo-thirds 2084

29

ot each Aouse, prOVided, however, that nothing contained in 2085

30

this Article sAall be construed to confer on the Governor 2086

31 . the right to veto or enter his disapproval of any proposal 2087

32 made by the General Assembly to amend .this constitution or

33 to provide for a nell Constitution.

2089

34

Paragraph VI~~. Information From Officers and 2092

- 56 -

,..... ...,
l __-.:....

gmployees-&-~~ension of Officers. The Governor max require 2092

2 i nforma tion in writing from Constitutiollal officers, 2093

3

department heads, and all state employees, on any subject 2094

relating to the 9uties of their respective offices or 2095

5 e mploymen t. The General Assembly shall have authority to 2096

6

provide by law for the suspension of any Constitutional 2097

7

officer or department head from the dischar~e of the duties 2098

8 of his office, and also for the appointment of a suitable 2099

9 person to discharge the duties of the same.

2101

10

SECTIOB III.

2103

11

OTHER ELECTED EXECUTIVE OFFICEiS

12

Haragraph I. Executiv~ Officers. How Electe~. The 2107

13 Secretary of State, Attorney General, State School 2108

Superintendent, Comptroller General, COllmissiQner of 21"09

15 Agricalture, and the Commissioner of Labor shall be elected 2110

16 b J the perscns qualitLed to vote for members of the General 2111

17

Assembly at the same time, and in the SellAe manner as the 2112:

18

Garernor. ~he provisions of the Constitution as to the

19 tIansmission, tabulation and canvassing ot the returns of

20

the election, runoff elections, contested elections, and 2115

21 declaration of the results of the election, applicable to

22 the election of Governor, 'shall apply to the election of the 2116

23 above-named executive officers; and tnel sAall be 2117

24 commissioned hj the Governor and hold their offices for the 2118

25 same' time as the Governor. I n case of the death or 2119

26 withdrawal ot a person ha ving received a majority of the 2120

27 wbole nwaber of votes cast in an election for any of the 2121

28

above-namEd otfices, the Governor elected at such election, 2122

29

upon becoming Governor, shall have the pover to till such 2123

30 office hy appointing, subject to the confirmation of the 2124

31 Senate, an individual to serve until the next general 2125

32 election at which tiae a successor shall be elected to serve

33 out the unexpired term of office.

2127

- 51 -

PaLagraph LL. Duti~AY1h2rity, and Compensatiog 2129

2 ~nd Allowances 2! Other Executive Officers. :rhe General 2131

3 Asseabl.Y shall have power to prescribe the duties,

il uthoritI, ilnd cOlllpensation and allowances of the executi ve 2132

5 officers, and to provide help and expenses necessary for the 2133

6 operation of the department of each.

213~

7

2aragraph ILL. g~2fit Fhom Dse of Public Honey. 2136

8 Ho State otficial shall be allowed, directly or indirectly, 2137

9 to receive anI fee, interest, or reward roa anI person, ,2138

10 bank, or corporation, for the deposit, or use, in an'y 2139

11 manner, of the pUblic funds, and the General Assembly shall 2140

12 enforce t~s provision by suitable penalties.

21~2

13

Paragraph .Iv. ~~tions. Ho peLson shall be 21~1I

eligible to the oftice of the Secretary at State, Attorney 2145

~eneral, State School Superintendent, Coaptroller General, 2146

16 Comaissioner of Agricultute, or Comaissioner of Labor, 2147

17

anless he shall have been a~bitizen of the Oaited States for 2148

18 ten years, shall have resided in this state for six 'years 2150

19 next preced.ing his election, and shall be at least

20 tEntI-five 'years of age when elected. All of said officers 2151

21

shall give bond and security, under regulation to be 2152

22 pt8scribed bj law, for the faithful discharge of their 2153

23 duties.

215~

24

.Paragraph V. UU- and Perquisites Deniel! 10 2157

25 State oLticial named in .Paragraph I of this Section shall be

26 allowed anI fee, perguisite or coapensation other than his 2159

27 compensation and allowances as prescribed bI law, except his

28 necessary expenses when absent froa the seat of yovernaent 2160

29 on business for the State.

2161

30

V.I.

~ Seal; What COnstitutes: 2163

31

~ust9dy; When Aiiixed to Instruaents. The great seal of the 2164

32 State shall be deposited in the office of the Secretary of 2165
"-
33 State and shall not be affixed to any instruaent of vriting 2166

- 58 -

e llCept by o.[(1er of the Governor or General Assellbly, and 2167

2 that now in use shall be the great seal of the State until 2168

3 otherwise frovided by lall.

2170

SECX~OH IV.

2172

5

DISABLLIXY OF EXECUTIVE OFFICE~S

2173

6

l'aragraph I. Disability of Executive_-2Lticers. 2176

7

E~ept as otherwise provided in this Constitution, if any 2177

8 elected Constitutional Executive Officer is unable to 2178

9

perfor. the duties of his otf~ce because of a permanent

10 physical or .~ntal disability, determined, after hearing 2179

11 evidence including testimony froll not less than three 2180

12 qualified physicians in private practice, one ot wholl must 2181

13 be a pSlcaiatrist, not employed in any capacity by State,

federal or local govern.ents, by the Supreme Court of 2182

15 Georgia upon a petition ot any four elected Constitutional 2183

16

Executive Oif~cers, suca office shall be deciared vacant and 2184

17 't be successor to that office shall be cAosen as prOVided in 2185

18

this Const~tutiOJl or the laws enacted in pursuance taereof.

19

If up, on SUC4 petition, it is determined that the d~sability 2186

20 is not perllanent, the Suprelle Court shall determine when the 2187

21 disability has ended and the officer shall resume the 2188

22 exercise of ,his powers. During the period of temporary 2189

23 disability the powers of such office shall be exercised as

24 pxnvided tor by this Constitution or the laws enacted in 2190

25 pursuance thereof. As used in this Section the term 2191

26 "elected constitutional executive officec" means the 2192

27 Governor, the Lieutenant Governor, the Seccetary of State,

28 the Attorney General, the State School Superintendent, the 2193

29

CQllptroller General, the COllmissioner of Agcicultuce and the ~'9~

30 COIIl1issioner of Labor. The Supreme C,ourt shall by 2195

31 , appropriate rule provide for a speedy and lIublic hearing,

32 including notice of the nature and cause of the accusation, 2196

33 process for obtaining witnesses and the assistance of 2197

- 59 -

Counsel.

2198

- 60 -

CROSS-REFERENCE TABLE ARTICLE V EXECUTIVE BRANCH

PRESENT PROVISION
Article V, Section I, Paragraph I, Sentence 1 (in part)

.PROPOSED PROVISION
Article V, Section II, Paragraph I, Sentence 1

CHANGES
Present provision speaks of "executive powers"; proposed provision speaks of the "chief executive powers".

Article V, Section I
Paragraph I, Sentence 1 (in part)

Article V, Section I, Paragraph I, Sentence 1

No change.

Article V, Section I, Paragraph 1, Sentence 2

Article V, Section I, Paragraph 1, Sentence 2

No change.

Article V, Section I, Paragraph I, Sentences 3 and 4
Article V, Section I, Paragraph II Article V, Section I, Paragraph III

Article V, Section I, Paragraph I, Sentence 3
Article V, Section I, Paragraph II Deleted

1. Present provision prohibits Governors who have succeeded themselves for 1 four-year term, from ever again holding the office of Governor. Proposed provision allows Governors, who have succeeded themselves, to serve again, after the expiration of four years. Present provision allows a Governor, who has not succeeded himself, to serve again, after the expiration of four years. Proposed provision omits this language.
2. Present provision prohibits Governor from receiving any emolument from the United States, or from any state, or from any foreign power. Proposed provision omits this language.
Present provision provides for first election for Governor in 1978. Proposed provision provides for first election in 1982.
Sentence 1 provided for in Georgia Code 34-l508(a)
Sentence 2 provided for in Georgia Code 34-l509(a)
Sentence 3 provided for in Georgia Code ~ 34-l509(a)
Sentence 4-provided for in Georgia Code 34-l509(a)

CROSS-REFERENCE TABLE ARTICLE V EXECUTIVE BRANCH

Page 2

PRESENT PROVISION
Article V, Section I, Paragraph IV

PROPOSED PROVISION Deleted

CHANGES
This paragraph is covered in Georgia Code 34-lSl3(b); see also Article II, Section II, Paragraphs I and II.

Article V, Section I, Paragraph V

Deleted

Article V, Section I, Paragraph VI

Article V, Section I, Paragraph III

1. The Lieutenant Governor is made a purely executive officer with such executive duties as prescribec by the Governor and by law.
2. The Lieutenant Governor's duty to preside over the Senate is deleted.

Article V, Section I, Paragraph VII

Article V, Section I, Paragraph IV

Present provision states that an eligible person must be a "citizen" of Georgia. Proposed provision states that eligible person must be a "legal
resident" of Georgia.

Article V, Section I, Paragraph VIII

Article V, Section I, Paragraph V

1. Proposed provision dis~inguishes between "temporary" and "permanent' disability. Present provision only speaks to "disability".
2. Proposed provision speaks of the "powers and duties of the Governor' while the present provision speaks of the "executive power".

Article V, Section I,

Article V, Section I,

Paragraph VIII, Sentence 1 Paragraph V(a) and (b)

1. Present provision allows the Lieutenant Governor, in case of the Governor's death, resignation or disability, to become Governor until the ~ general election. If death, resignation, or disability occurs within 30 days of the next general election, or if term will expire within 90 days after next general election, Lieutenant Governor becomes GovernoJ; for unexpired term. Proposed provision empowers the Lieutenant Governor, in case of the Governor's death, resignation, or permanent disability, .to become Governor for the full unexpired
~.

CROSS-REFERENCE TABLE ARTICLE V EXECUTIVE BRANCH

Page 3

PRESENT PROVISION

PROPOSED PROVISION

Article V, Section 1,

Article V, Section ~,

Paragraph VIII, Sentence 3 Paragraph V(c)

CHANGES

2. Proposed provision empowers the

Lieutenant Governor, in case of

the temporary disability of the

...

Governor, to act as Governor until the temporary disability

ends.

3. Delete language relative to Lieutenant Governor becoming candidate for unexpired term since, under proposal, Lieutenant Governor serves unexpired term.

Present provision provides for a special election for a Governor within sixty days from the date of the Speaker's assuming the Governor's duties. Proposed provision provides for a special election within 90 days. P~oposed provision includes Governor and Lt. Governor elect for purposes of when Speaker assumes executive power.

Article V, Section 1, Paragraph IX

Article V. Section 1 Paragraph VI

Article V, Section 11, Paragraph 1

Article V, Section 11, Paragraph 111

Article V, Section 11, Paragraph 11

Article IV, Section 11, Paragraph I(b)

Article V, Section 11, Paragraph 11, last sentence

Article V. Section 11, Paragraph 11

Article V, Section 11, Paragraph 111, Sentence 1

Article V, Section 11, Paragraph V

Article V, Section 11, Paragraph 111, Sentence 1

Article V, Section 11, Paragraph VI

1. Present provision only names the Governor; proposed proviSion names the Governor and Lieutenant Governor.
2. Present provision recites the oath proposed provision states the oath will be prescribed by law. No statute provides for the oath.
1. Present provision names the "army, navy, and militia". Proposed provision states "military forces"
The power to suspend the execution of a death sentence has been transferred to the State Board of Pardons and Paroles.
No change.
No change regarding writs of election.
Proposed provision 'requires the Governor to give information at the beginning of each regular session.

CROSS-REFERENCE TABLE ARTICE V EXECUTIVE BRANCH

page 4

PRESENT PROVISION

.P.ROPOSED PROVISION

Article V, Section II, Paragraph III, Sentence 2

Article V, Section II, Paragraph VII(a)

Article V, Section II, Paragraph III, Sentence 3

Article V, Section II, Paragraph VII (a)

Article V, Section II, Paragraph III, Sentence 2

Article V, Section II, Paragraph VII(c)

Article V, Section II, Paragraph III, Sentence'2

Article V, Section II, Paragraph VII(c)

Artic1e.V,Section II, Paragraph III, Sentence 3

Article V, Section II, Paragraph VII (b)

CHANGES
Present provision refers to "extraordinary" session; proposed provision refers to "special" session. '-
Proposed provision allows the Governor to amend his proclamation convening the spec~a1 session, either prior to the special session or with 3/5 membership approval during the special session.
Present provision limits length of special session to 70 days, while proposed provision limits special session to 40 days.
Present provision provides that in case. of pending impeachment trial, the General Assembly shall remain in special session until such trial is completed. Proposed provision provides in such case that only the Senate shall remain in special session.
1. Proposed provision requires a copy of certified opinion of emergency be delivered to the Secretary of State.
2. Present provision requires Governor to convene General Assembly within 5 days of receipt of certificate, otherwise, the General Assembly may convene itself in special session. Proposed provision gives the Governor 3 days to convene the General Assembly, before it can convene itself.
3. Present provision limits a se1fconvened, special session to 30 days in length. There is no such limitation in the proposed provision. Georgia Code 8 47-115 limits self-convened, special sessio~s to 30 days.

(~

CROSS-REFERENCE TABLE ARTICLE V EXECUTIVE BRANCH

Page 5

PRESENT PROVISION
Article V, Section II, Paragraph III, Sentence 4

.P.ROPOSED PROVISION
Article III, Section IV, Paragraph VIII

CHANGES
Present provision allows members of the General Assembly to receive the same compensation during special session as provided by law during ~egular session. Proposed provision allows the General Assembly to receive such compensation as shall be provided by law.

Article V, Section II, Paragraph IV

Article V. Section II, Paragraph VIII(a)

1. Present provision refers to "any office"; proposed provision "any public office".
2. Present provision-states that any person appointed to a vacant office shall continue until a successor is commissioned. Proposed provision states that any person appointed to a vacant office shall serve for the unexpired term, unless otherwise provided by the Constitution or law.

Article V, Section II, Paragraph V

Article V, Section II, Paragraph IX

Present provision prohibits any person, whose confirmation is rejected by the Senate, from being reappointed by the Governor during the same session or recess thereafter. Proposed provision prohibits Governor from renominating rejected nominee
until the expiration of' one year after rejection.

Article V, Section II, Paragraph VI

Article V, Section II 'Paragraph IV

,.1. This provision provides for the grant of authority to the Governor to review bills or resolutions and the right to veto, approve or take no action on such bills and
resolutions.

Article V, Section II, Paragraph VI

Article III, Section V, Paragraph XIII(a)

1. The Governor has 6 days from the date of receiving the bill to approve or veto the bill or resolution; formerly, there were five days (excluding Sundays).
2. If the General Assembly adjorns sine die or for more than 40 days prior tto the expiration of the 6 days, then the Governor will have 40 days from the date of adjournment to approve or veto the bill. Formerly, the Governor had 30 days (Sundays excepted).
3. Present provision for "line item" veto in appropriation bill is retained at subparagraph (e).

PRESENT PROVISION Article V, Section II, Paragraph VI
Article V, Section II, Paragraph VI
Article V, Section II, Paragraph VI

CROSS-REFERENCE TABLE ARTICLE V EXECUTIVE BRANCH

Page 6

PROPOSED PROVISION
Article III, Section V, Paragraph XIII(b)

CHANGES

1. A bill or resolution can be

transmitted to the Governor upon

order of two-thirds of the

'-

membership of each house or upon request of the Governor.

Formerly, a bill was transmitted

to the Governor only upon the

request of the Governor.

Article III, Section V, Paragraph XIII(c)

1. The Governor shall have the duty to transmit any vetoed bill to the presiding officer of the house of origin within 3 days from the date of veto if. the General Assembly is in session. Formerly, there was no constitutional provision on this issue.
2. If the General Assembly is not in session, the Governor must transmit any vetoed bill to the presiding officer within 40 days rather than 35 days (Sundays excepted).

Article III, Section V, Paragraph XIII(d)

1. A bill or resolution which has been vetoed during the last 3 days of the session and not considered for the purpose of overriding the veto can be considered for that purpose within the first 10 days of the next session, the same as if that bill or resolution had been vetoed after adjournment sine die. Formerly, only bills or resolutions which had been vetoed after adjournment could be considered for override during that 10 day period.
2. The vote required to override a veto has been restated to provide that such vote be by "two-thirds of the members to which such house is entitled" instead of "two-thirds of the vote of such Branch".
3. During session of the General Assembly, any vetoed bill or resolution may be acted upon immediately after the transmission of the same to the appropriate house for the purpose of overriding the veto. Deleted fr~ the present proposal is the mandate that it shall be the duty of the presiding officer "upon receiving such Bill to dispense with all business that is then being considered and to then and there consider and act upon such

CROSS-REFERENCE TABLE ARTICLE V EXECUTIVE BRANCH

Page 7

PRESENT PROVISION

P.ROPOSED PROVISION

CHANGES
of the presiding officer "upon receiving such Bill to dispense with all business that is then being considered and to then and '. there consider and act upon such Bill for the purpose of overridin! the action of the Governor".
4. Deletion of the present constitutional 'provision which specifies a period during which a Governor can veto legislation and such veto will not be subject to being overridden.

Article V, Section II, Paragraph VII

Article V, Section II. Paragraph IV and Article
III. Section V, Paragraph XI

1. The Article V proposal embodies the concept that any bill or resolution shall become law without the Governor's review and approval.
2. Omitted is the exception on questions of election and adjournment.
3. The Article V proposal also embodies the concept that the Governor's veto can be overridden by two-thirds vote.
4. The Article III proposal embodies the concept that the Governor's signature shall not be required for amendments to the Constitution or a proposal for a new Constitution.

Article V, Section II,

Article V, Section II,

Paragraph VIII, Sentence 1 Paragraph X

Present provision refers to "department heads and all state employees." Proposed provision refen to "all other officers and employees of the executive branch."

Article V, Section II

Deleted

Paragraph VIII, Sentence 2

Georgia Code ~ 47-701 provides for the suspension of the Comptroller General by the General Assembly. Georgia Code I 40-207.1 through 40-207.2 provides for the finding of the incapacity of
the Comptroller General. Georgia CodE 40-220 through 40-227 provides for
the suspenSion of the Attorney General

CROSS-REFERENCE TABLE ARTICLE V EXECUTIVE BRANCH

Page 8

PRESENT PROVISION Article V, Section III, Paragraph I
Article V, Section III, Paragraph II

,PROPOSED PROVISION Article V, Section III Paragraph I
Article V, Section III, Paragraph III

CHANGES
i. The State School Superintendent,
and Comptroller General were omitted from this provision, with the recommendation that both be an appointive office.
2. District Attorneys were added to this list, except 4S to their term and time of election.
3. The provisions relative to transmission, tabulation, canvassing of election returns have been deleted.
4. The phrase "an~ they shall be
c01lllllissioned by the Governor" has been deleted.
5. Present provision states that "shall hold their offices for the same time as the Governor." Proposed provision states they "shall hold their offices for the same term as the Governor."
6. Present provision states that the other elected executive officers shall be elected "in the same manner as the Governor." Proposec provision states that these officers shall be elected "in the manner prescribed for the electior of the members of the General Assembly."
7. Vacancies in these offices will b filled pursuant to Article V, Section II, Paragraph VIII(b), fOl the unexpired term, whereas presently, only for unexpired tern Lieutenant Governor is added to this list.
1. Proposed provision adds the word "duties" to the list of things the General Assembly shall prescribe.
2. Proposed provision introduces the first sentence with "Except as otherwise provided in this Constitution."
3. Proposed provision changes "help and expenses" to "assistance and expenses."
4. Proposal also allows District Attorneys to receive local supplements.

CROSS-REFERENCE TABLE ARTICLE V EXECUTIVE BRANCH

Page 9

PRESENT PROVISION Article V, Section III, Paragraph III
Article V, Section III, Paragraph IV
Article V, Section III, Paragraph V Article V~ Section III, Paragraph VI
Article V, Section IV, Paragraph I

PROPOSED PROVISION Deleted
Article V, Section III, Paragraph II
Deleted Deleted
Article V, Section IV,

CHANGES
Georgia Code ~ 89-904 prohibits officers of any state institution to receive a profit from any contract made with such institution. Georgia ~ode 8 89-9915 describes the penalty for violation of ~ 89-904. No other statutes forbid state officials from receiving a profit from the use of publid money.
1. Present provision requires a candidate to "have resided in Georgia for six years." Proposed provision requires a candidate to "have been a legal resident of Georgia for four years."
2. Present provision requires a candidate to be at least 25 years of age when elected. Proposed provision requires a candidate to be at least 25 years of age
h the date of assuming office.
3. Proposed provision requires said officers to take such oath as prescribed by law. The present provision omits this language.
Georgia Code 8 40-701 provides that
the Secretary of State shall keep the Great Seal, and provides a vivid description of the Great Seal. GeQrgia Code 8 40-702 gives the Governor the power to authorize use of the Great Seal. No statute provides that "the Great Seal shall not be affixed to any instrument except by order of the Governor or General Assembly.
1. The elected constitutional Executive officers are listed as the Governor, the Lieutenant Governor, Secretary of State, Attorney General, Commissioner of Agriculture and Commissioner of Labor. Deleted is the State School Superintendent arid Comptroller General.

CROSS-REFERENCE TABLE ARTICLE V EXECUTIVE BRANCH

Page 10

PRESENT PROVISION

PROPOSED PROVISION

Article V, Section IV, Paragraph I, Sentence 1

Article V, Section IV, Paragraphs II and III

Article V, Section IV, Paragraph I, Sentence 2
Article V, Section IV, Paragraph I, Sentence 3

Article V, Section IV, Paragraph III
Article V, Section IV, Paragraph III

Article V, Section IV, Paragraph I, Sentence 4
Article V, Section IV, Paragraph I, Sentence 5

Article V, Section IV, Paragraph I
Article V, Section IV, Paragraph II

CHANGES
z. For purposes of petitioning the
Supreme Court, the President of the Senate and Speaker of the House are added to the list of possible petitioners.
1. The present provision requires a petition by any four elected constitutional 'executive officers. The proposed provision requires a petition by any three of them.
2. The present provision speaks of a "permanent physical or mental disability" The proposed provisions speaks of a physical or mental disability."
3. Present provision requires any physician who gives testimony to be in private practice and not be employed in any capacity by State, Federal or local government. Proposed provision only requires any physician who gives testimony to be in private practice.
No change.
Present provision provides that during the period of temporary disability, the powers of such office shall be exercised as provided by the Constitution and by law. Proposed provision provides for the powers of such office to be exercised as provided by law.
No change.
No change.

,..
NOTES AND coMMENTs
ARTICLE V. Executive Branch Section I. Election of Governor and Lieutenant Governor. This section of the proposed draft follows the identical format as Section I of Article V of the present Constitution. There are minor editorial changes throughout this section, and the following significant changes. 1. In the proposed draft, persons holding the office of
Governor who succeed themselves are permitted to be elected to that office again after the expiration of four years from the conclusion of their term as Governor. Presently anyone who serves as Governor for two consecutive terms is precluded from ever again serving as Governor. 2. The following provision found in the present Constitution is deleted from the proposed draft because the Committee felt that the matter could be dealt with more appropriately by statute: "No Governor shall receive any emolument from the United States, or either of them, or from any foreign power." 3. Provisions concerning "transmission, canvassing and publishing election returns", "run-off elections", and "additional procedures" of the General Assembly are deleted because they are already provided for by law. The Committee does reco-.nd, however, that the Elective Franchise Article be amended to state that "the run-off election shall be a continuation of the general election and only the electors who were entitled to vote in the general election shall be entitled to vote therein; and only those votes cast for the two persons designated shall be count,ed in the tabulation and canvass of the votes cast." The Committee felt that if this provision, or a similar provision clarifying the issue of who may vote in a run-off election, is not included in the Constitution, there would be some potential for confusion and uncertainty in the run-off situation.
(
\

NOTES AN]) COMMENTS - ARTICLE V Page 5

4. The Lieutenant Governor is made a purely executive officer, to have "such executive duties as prescribed by the Governor and as may be prescribed by law not inconsistent with the powers of the Governor". U:nder this proposal the Senate would elect its own presiding officer.

The Committee was influenced by the following arguments in making this recommendation.

a) The presiding officer of the Senate should have some parlimentary experience in order to assure an effective and orderly legislative process. Such exPerience is not a qualification for the office of Lieutenant Governor.

b) The office of Lieutenant Governor is presently in a twilight zone between the executive and legislative branches, belonging clearly to neither. The Committee felt that the office is really an executive one, and that this should be so stated.

c) The Committee saw the primary purpose of the office

to be one thing: to provide for a successor to the

office of the Governor in the event of a vacancy.

(

Because of this consideration, the Committee rejected the possibility of abolishing the office altogether.

5. Paragraph VIII relating to "Succession to executive power" was clarified to specify that the Lieutenant Governor would exercise the powers and duties of the Governor in the event of the temporary disability of the Governor (as determined pursuant to the provisions of Section IV of Article V), but actually become the Governor for the unsxpired term in the eveiitO"f'""the death, resignation or permanent disability of the Governor.

Presently, in case of the death, resignation or disability
of the Governor, the Lieutenant Governor exercises the executive power until the next general election at which time a person is elected to serve out the unexpired term of the Governor.

Note that if the Lieutenant Governor ever actually becomes the Governor for the unexpired term as. provided in this proposed draft such person would be eligible to succeed him8elf or herself for one four-year term of office only. See Paragraph I of this"Bection.

A minor additionsl change in this paragraph is to increase from 60 to 90 days the time within which a specisl election for Governor must be held in the event the Speaker of the House succeeds to the executive power.

NOTES ANa COMMENTS - ARTICLE V
Page 6
6. The specific oath of office to be taken by the Governor before entering on the duties of office was deleted. In the proposed draft the oath to be taken is to be "prescribed by la~'. This parallels similar changes made in other provisions of the Constitution relating to "oaths".

Section II. Duties and Powers .of Goveraor.
This section of the proposed draft is a reorganization and restatement of Section II of Article V of the present Constitution, and follows the basic organizational format utilized in the 1970 proposed Constitution. This section contains the following substantive changes to present language.

1. The chief executive powers are vested in the Governor, and the executive powers of the other executive officers are stated in relationahip to these powers of the Goveraor as chief executive.

2. The Governor's law enforcement powers are given a IIlDre pr01llinent position in Section II of the proposed draft than they have in Section II of the present Constitution.

(

3. The Governor's power to suspend the execution of a

sentence of death until the State Board of Pardons and

Paroles has an opportunity to hear the case was

transferred to the Board of Pardons and Paroles itself.
See Notes and Comments on Article IV, Section II

No.3.

4. The Governor is designated as the Commander-in-chief of the "military forces" of the State, rather than the "army", "navy" and "militia".

5. The Goveraor's veto power is stated, but all of the provisions on the mechanics of the veto were transferred to Article III, Section V, "Enactment of Laws", at the request of the Committee to Revise Article III.

6. Provisions relative to ''writs of election", "information and rec01llDendations to the General Assembly", and "special sessions of the General Assembly", which now appear together in Article V, Section II, Paragraph III of the present Constitution, are given separate paragraphs in the proposed draft. The provisions on special sessions are restated and clarified to allow for amendments to the Proclamation under certain conditions, and all special seasions, whether called by the Goveraor or the General Assembly, are limited to a period of forty days, unless an impeachment trial is pending.

,
'''----/

NOTES AND COMMENTS - ARTICLE V Page 7

7. Paragraph VIII relating to "filling of vacancies" was amended to state that in the event of a vacancy in any public office the Governor "shall promptly" fill such vacancy in order to encourage expeditious action in this area. Also, the provision now let forth in Section III of Article V of the present Constitution providing for the filling of vacancies in a constitutional elected executive office was moved to subparagraph (b) of Paragraph VIII.
8. Provisions relative to "rejected appointments" are clarified in Paragraph IX of this section aa revised.
9. The following language was dropped from the provision in the current Constitution relating to "Information from officers and employees":
"The General Assembly shall have authority to provide by law for the suspension of any Constitutional Officer or department head from the discharge of the duties of his office, and also for the appointment of a suitable person to discharge the duties of same."
It was the consensus of the C01IIIIIittee that this provisian had the potential of running afoul of the separation of powerl doctrine, and was basically unnecessary. Staff research uncovered only one statute that was ever adopted pursuant to this provision.

Section IiI. Other Elected Executive Officers.

This section was subject to a number of significant changes, as indicated below.

1. The C01IIIIIittee recommends deletion of the State School Superintendent and the Comptroller General from this section. With wspect to the State School Superintendent, the C01IIIIIittee was influenced by the following factors in its decision to recommend that the position be changed from an elected to an appointed one:

a) The position is becoming much more technical and complex, thus requiring a greater degree of professional expertise than has been necessary in the past.

(

b) As an independently elected constitutional officer, the State School Superintendent is not responsible

to the State Board of Education, the educational

policy-making body of the State. This creates the

possibility of a schism between the Board and its

chief executive officer.

,", I'

NOTES AND COMMENTS - ARTICLE V Page 8
c) Candidates for any "other elected executive office" in the State must meet a six-year residence requirement. This qualification presently excludes from consideration many excellent candidates for the position of State School Superintendent.

The recommendation of this Committee concerning the State

School Superintendent was referred to the Committee to

Revise Article VIII on Education. Although not scheduled

to complete its work on the Education Article until late

1981, this Committee was called together early for the

purpose of considering the proposed recommendation. The

Committee considered not only the question of election

veraus appointment of the executive officer of the State

Board of Education but also whether any changes should

also be proposed in the composition or method of

selection of the State Board. After much discussio~ at

three different meetings the Committee approved the

proposed revision of Article VIII included at the end of

this final draft, with the understanding that it is

reserving judgment on the question of whether it will

recommend changes in the composition and/or method of

(

selection of the members of the State Board of Education as part of its comprehensive revision of Article VIII.

The proposed revision of Article VIII, as approved by both the Committee to Revise Articles IV and V and the Committee to Revise Article VIII, provides for the appointment of the State School Superintendent by the State Board of Education, by and with the advice and consent of the Senate.

The qualifications, period and conditions of employment, duties, authority, and compensation and allowances of the State School Superintendent will then be as prescribed by the State Board of Education.

With respect to the Comptroller General, the Committee was principally persuaded by the fil:st argument listed
in subparagraph <a) above. The consenaus of the Committee was that the increasingly technical nature of the job made appointment by the Governor, with the confirmation of the Senate, preferable to a state-wide

,
'I" \

NOTES AND COMMENTS - ARTICLE V Page 9

elect~on to fill the office. There was also a feeling expressed that as a matter of policy the regulation of a multi-million
dollar industry such as the insurance industry was better placed in the hands of a professi1lnal appointee than in one who had to face the pressures of running for public office.

In its consideration of the Office of Comptoller General, the Co1IIIIIittee also approved a recommendation that the title of the executive position be changed from Comptroller General to that of Co1IIIIIissioner of Insurance in order to more accurately identify the principal function performed by the office.

2. The Committee recommends inclusion of District Attorneys in tMs section. Presently all of the Constitutional provisions concerning District Attorneys are in Article 'VI; the proposed draft moves them all to tMs section of Article V. It was the consensus of the Committee that the attorneys responsible for the enforcement of the laws of the State are executive officers, and should so appear in the Constitution. In order to preserve and protect whatever tmmun1ty these officers now enjoy, the following provision was included in Paragraph V of tMs section:

"The Diatrict Attorneys shall enjoy such :lmmunity from private suit as is nscessary for the performance of their duties."

The changes to Article VI that were necessitated by tMs tecommendation concerning the District Attorneys are set forth in the proposed draft. Although the Committee is recommending inclusion of the District Attorneys in the Executive Article, it also went on record as approving the present method of funding of the District Attorneys, i. e., through the Judicial Branch budget. Uote also that the authority of the General Assembly to provide by law for local supplements to the compeneation and allowances of the District Attorneys is preserved. See Paragraph III of Section III.

3. As indicated previously, the provision in Paragraph I of Section
III of the present Article concerning filling of vacancies in
elected executive offices was transferred to Paragraph VIII of Section II of the proposed draft.

4. The residency requirement for the "other elected executive

officers" was changed to four years. The present residency

requir_nt for these officers is six years, except for the

District Attorneys who are required to have been "citizens of

('

the State" for three years prior to election. The minimum

l'-, ../

"practice of law" requirements for the Attorney General and

the District Attorneys are carried forward and clarified.

NOTES AND ClHfENTS - ARTICLE V Page 10

5. The duties of the Attorney General which now are set forth in Article VI are moved to Article V. Article VI is amended to state that the Attorney General shall enjoy "such immunity from private suit as is necessary for the performance of such duties."
The Committee went on record as recommending that the Attorney General be funded in the same manner as the District Attorneys, i.e., through the Judicial Branch budget.
6. The provisions in the present Constitution relating to "profit from use of public money", "fees and perquisites denied", and the "Great Seal" were omitted from the revised draft of Section III. The Committee felt that all of these matters could be handled more appropriately by statute. The Committee recommends particularly that the General Assembly study in more detail the financial "conflict-of-interest" problem addressed in Paragraph V of Section III of the current Constitution to determine if a similar prohibition as to other state officials would be appropriate.

( Section. IV. Disability of Executive Officers.
Section IV of the proposed draft is a complete reorganization and restatement of Section IV of the present Constitution. It incorporates only a few minor substantive changes.

1. The State School Superintendent and the Comptroller General are omitted from the definition of "elected constitutional executive officer".

2. The number of petitioners is. ,reduced from four to three, and the President of the Senate and the Speaker of the Bouse of Representatives are added to the list of possible petitioners under this section.

3. If a conatitutional executive officer is "unable to perform the duties of office," the Supreme Court may

be called upon, by petition of at lesst three of any

of the petitioners indicated, to determine the nature

( \

of the disability. If the disability is not permanent, the Supreme Court must determine when it has ended.

.. ,.,.~ '"':'-.
\J

Page 36
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE CO}~ITTEE RECO~NDATIONS PROPOSED BY THE SELECT CO}~ITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY CO}~ITTEE AT THE 1980 LEGISLATIVE SESSION

r-'{CLE, SECTION, , ;RAPH Article V

CHANGES PROPOSED
NOTE: As indicated previously, the House of Representatives and the Senate Judiciary Committee transposed Articles IV and V. Thus, the following references. for the Committee to Revise Articles IV and V and for the Select Committee are to Article~; those for the House of Representatives and for the Senate Judiciary Committee are to Article IV.

Article V, Section I, Paragraph I
..(

C~ITTEE TO REVISE ARTICLES IV AND V
Paragraph I. Governor: term of office; compensation and allowances. There shall be a Governor who shall hold office for a term of four years and until a successor shall be chosen and qualified. Persons holding the office of Governor may succeed themselves for one four-year term of office. Persons who have held the office of Governor and have succeeded themselves as hereinbefore provided shall not again be eligible to be elected to that office until after the expiration of four years from the conclusion of their term as Governor. The compensation and allowances of the Governor shall be as provided by law.
SELECT COMMITTEE
Same as Committee to Revise Articles IV and V.
HOUSE OF REPRESENTATIVES
Paragraph I. Governor: term of office; compensation and allowances. There shall be a Governor who shall hold office for a term of four years and until a successor shall be chosen and qualified. The Governor serving on the effective date of this Constitution and future Governors shall not be eligible to succeed themselves, and shall not be eligible to hold the office until after the expiration of four years from the conclusion of the term of office. The compensation 'lmd allowances of the Governor shall be as provided by law.
SENATE JUDICIARY CctlMITTEE
Paragraph I. Governor: term of. office; compensation and allowances. There shall be a Governor who shall hold office for a term of four years and until a successor shall be chosen and qualified. No person shall be elected to the office of Governor more than twi~e, and no person who has held the office of Governol for more than two years of a term to which some other person was elected Governor shall be elected to the office of Governor more than once. The compensation and allowances of the Governor shall be as provided by law.

Article V, Section I, Paragraph II
Article V, Section I, Paragraph III

No change.
COMMITTEE TO REVISE ARTICLES IV AND V
Paragraph III. Lieutenant Governor. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. The Lieutenant Governor shall have such executive duties as prescribed by the Governor and as may be prescribed by law not inconsistent with the powers of the Governor or other provisions of this Constitution. The compensation and allowances of the Lieutenant Governor shall be as provided by law. NOTE: As indicated previously, the Committee to Revise Articles IV and V and the Committee to Revise Article III recommended that the Lieutenant Governor become a purely executiveoff~cer. See Note in Article III, Section III, Paragraph I, on page 13, supra

Page 37
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE COMMITTEE RECOMMENDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY CO}~ITTEE AT THE 1980 LEGISLATIVE SESSION

rCLE, SECTION,
:RAPH

CHANGES PROPOSED

Article V, Section I, Paragraph III (continued)
(.,

SELECT COMKITTEE
Paragraph III. Lieutenant Governor. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. The Lieutenant Governor shall be the President of the Senate and shall have such executive duties as prescribed by the Governor and as may be prescribed by law not inconsistent with the powers of the Governor or other provisions of this Constitution. The compensation and allowan~s of the Lieutenant Governor shall be as provided by law.
BOUSE OF REPRESENTATIVES
Same text as Select Committee.
SENATE JUDICIARY COMMITTEE
Paragraph III. Lieutenant Governor. (a) There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor.
(b) The Lieutenant Governor shall have the followipg duties:
(1). To serve as the Commissioner of the Department of Community Affairs.
(2) To serve as ~ liaison between federal, state, and local governments and also to coordinate relations between states on a regional basis.
(3) To serve as a voting member of each committee, board, and commission on which the Governor serves.
(4) To have such other ,xecutive duties as prescribed by the Governor and as may be prescribed by law not inconsistent with the powers of the Governor or other provisions of this Constitution.
(c) The compensation and allowances of the Lieutenant Governor shall be as provided by law.
(d) The provisions of paragraph (b) of this Paragraph shall become effective upon the Lieutenant Governor-elect's taking office following the November, 1982, election. The Lieutenant Governor serving on the effective date of this Constitution shall continue to exercise the powers of the Lieutenant Governor provided for in Article V, Section I, Paragraph VI of the Constitution of 1976, as amended.

Article V, Section I, Paragraph IV

No change.

Article V, Section I, ParagTaph V

No change.

,(,----.

Page 38
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE CO~WITTEE RECO~~IENDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

r--CLE, SECTION, \ ;RAPH
Article V, Section I, Paragraph VI

CHANGES PROPOSED
COMMITTEE TO REVISE ARTICLES IV AND V
Paragraph VI. Oath of office. The Governor and Lieutenant Governor shall, before entering on the duties of office, take such oath or affirmation as prescribed by law.
SELECT CCHaTTEE
Same as Committee to Revise Articles IV and V.
HOUSE OF REPRESENTATIVES
The Governor's oath provision was consolidated with the oath provision for members of the General Assembly and moved to Article II, Section II, Paragraph IV. See House of Representatives draft.
SENATE JUDICIARY CCHaTTEE
Same as House of Representatives draft.

Article V, Section II, Paragraph I

No change.

Article V, Section II, Paragraph II.

No change.

Article V, Section II, Paragraph III

No change.

Article V, Section II, Paragraph IV
C,

No change.
NOT!: The Senate Judiciary Committee added the following as Paragraph V of this Section:
Paragraph V. Suspension of death sentence. The Governor may suspend the execution of a sentence of death for offenses against the state, and such suspension shall continue until the State Board of Pardons and Paroles shall have an opportunity of hearing the application of the convicted person for any relief within the power of such board or for any other purpose which may be deemed necessary by the Governor. At the next regular session of the General Assembly, the Governor shall communicate to that body each case of suspension of sentence, providing such information as may be required by law.
This power was transferred to the Board of Pardons and Paroles in the original article committee recommendation and in the drafts approved by the Select Committee and the House of Representatives.

L

SYNOPSIS OF C~~GES IN ORIGINAL ARTICLE CO}~IITTEE RECO}~ENDATIONS PROPOSED BY TilE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

Page 39

gr--'''LE, SECTION,
f ,RAPH
Article V, Section II, Paragraph V

CHANGES PROPOSED
No change in text, but appears as Paragraph VI in Senate Judiciary Committee version.

Article V, Section II, Paragraph VI

No change in text, but appears as Paragraph VII in Senate Judiciary Committee version.

Article V, Section II, Paragraph VII
(
L

COMMITTEE TO REVISE ARTICLES IV AND V
Paragraph VII. Special ses&1ons of the General Assembly. (a) The Governor may convene the General Assembly in special session by proclamation which may be amended by the Governor prior to the convening of the special session or amended by the Governor with the approval of three-fiftha of the members of each house after the special session baa coavened; but no laws shall be enacted at any such special session except those which relate to the purposes stated in the proclamation or in any amendment thereto.
(b) The Governor shall convene the General Assembly in special session for all purposes whenever three-fifths of the members elected to each house certify to the Governor in writing, with a copy to the Secretary of State, that in their opinion an emergency exists in the affairs of the state. The General Assembly may convene itself if, after receiving such certification, the Governor fails to do so within three days, excluding Sundays.
(c) Spacial sessions of the General Assembly shall be limited to a period of 40 days unless at the expiration of such period an impeachment trial of some officer of state government is pending, in which event the House shall adjourn and the Senate shall remain in session until such trial is completed.
SELECT C(HlITTEE
Same aa Committee to Revise Articles IV and V.
HOUSE OF REPRESENTATIVES
Same aa Committee to Reviae Articles IV and V.
SENATE JUDICIAllY C(HlITTEE
Appears as Paragraph VIII in Senate Judiciary Committee version._
No change in subparagraph (a).
Subparagraphs (b) and (c) changed to read as follows:
(b) The Governor shall convene the General Assembly in special session for all purposes whenever three-fifths of the members to which each house is entitled certify to the Governor in writing, with a copy to the Secretary of State, that in their opinion an emergency exists in the affairs of state or that it is necessary that a special session be convened for the purpose of overriding one or more vetoes of the Governor. The General Assembly may convene itself if, after receiving such certification, the Governor fails to do so within three days, excluding Sundays. (emphasis added)

Page 40
SYNOPSIS OF CHA~GES IN ORIGINAL ARTICLE CO~~ITTEE RECO~~ffiNDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

r -CLE, SECTION,
';RAPH

CHANGES PROPOSED

Article V, Section II, Paragraph VII (continued)

(c) Special sessions of the General Assembly shall be limited to a period of 40 days, excluding Saturdays and Sundays, unless at the expiration' of such period an impeachment trial of some officer of'state government is pending, in which event the House shall adjourn and the Senate shall remain in session until such trial is completed. (emphasis added)

Article V, Section II, Paragraph VIII
.. (
(-'
l~

COMMITTEE TO REVISE ARTICLES IV AND V
Paragraph VIII. Filling vacancies. (a) When any public office shall become vacant by death, resignation, or otherwise, the Governor shall promptly fill such vacancy unless otherwise provided by this Constitution or by law; and persons so appointe~ shall serve for the unexpired term unless otherwise prOVided by this Constitution or by law
(b) In case of the death or withdrawal of a person who received a majority of votes cast in an election for the office of Lieutenant Governor, Secretary of State, Attorney General, Commissioner of Agriculture, or Commissioner of Labor, the Governor elected at the same election, upon becoming Governor, shall have the power to fill such office by appointing, subject to confirmation of the Senate, an individual to serve for the unexpired term of office.
~OTE: See Note in Article V, Section III, Paragraph I on page 41.
SELECT COMMITTEE
No change in subparagraph (a).
Subparagraph (b) changed to read as follows:
(b) In case of tlie death or withdrawal of a person who received a majority of votes cast in an election for the office of Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, or Commissioner of Labor, the Governor elected at the same election, upon becoming Governor, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, an individual to serve for the unexpired term of office. (emphasis added)
HOUSE OF REPRESENTATIVES
No change in subparagraph (a).
Subparagraph (b) changed to read as fo~lows:
(b) In case of the death or withdrawal of, a person who received a majority of votes cast in an election for the office of Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner ofAgriculture, or Commissioner of Labor, the Governor elec~ed at tho same election, upon becoming Governor, shall have the power to fill such office by appointing, subject to confirmation by the Senate, an individual to serve for the unexpired term of office, unless otherwise provided by this Constitution or by law. (emphasis added)
SENATE JUDICIARY COMMITTEE
Same text as House of Representatives, but appears as Paragraph IX. '

Page 41
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE CO}~ITTEE RECO}~IENDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

( '""cLE, SECTION,
';RAPH
Article V, Section II, Paragraph IX

CHANGES PROPOSED
No change in text, but appears as Paragraph X in Senate Judiciary Committee version.

Article V, Section II, Paragraph X

No change in text, but appears as Paragraph XI in Senate Judiciary Committee version.

Article V, Section III, Paragraph I
.,(
(
\.. J

COMK!TTEE TO REVISE ARTICLES IV AND V

Paragraph I. Other executive officers, how elected. The
Secretary of State, Attorney General, Commissioner of Agriculture Commissioner of Labor, and the District Attorneys shall be
elected in the manner prescribed for the election of members of . the General Assembly and the electors shall be the same. Except
for District Attorneys, such executive officers shall be elected at the same time and hold their offices for the same term as the Governor.

Note: UDder the present Constitution the Lieutenant Governor, Secretary of State, Attorney General, State School Superintendent Comptroller General, Commissioner of Agriculture, and
Commissioner of Labor are all elected constitutional executive officers.

The Committee to Revise Articles IV and V recommended that the
State School Superintendent.be appointed by the State Board of Education and that the method of selection of the Comptroller General be provided for by law. The Select Committee, House of Representatives' and SenateJudiciary Committee all recommended that the State School Superintendent and Comptroller General continue to be elected constitutional executive officers.

The provisions rel~ting to the District Attorneys are in Article VI in the present Constitution. The CODIIIittee to Revise
Articles IV and V recommended that they be moved to this section of the executive article. The Select Committee, the House of Representatives and the Senate Judiciary Committees all recommended that these provisions remain in the Judicial Article.

SELECT COMKITTEE

Paragraph I. Other executive officers, how elected. The

Secretary of State, Attorney General, State School Superintendent

Comptroller General, Commissioner of Agriculture, and Commissione:

of Labor shall be elected in the manner prescribed for the

.

election of members of the General Assembly and the electors shal:

be the same. Such executive officers shall be elected at the

same time and hold their offices for the same term as the

Governor. (emphasis added)

(--/

Page 42
SYNOPSIS OF C~~GES IN ORIGINAL ARTICLE CO}~ITTEE RECOM}~NDATIONS PROPOSED BY THE SELECT COMMITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

(~E, SECTION, I- .;RAPH
Article V, Section III, Paragraph I (continued)

CHANGES PROPOSED
HOUSE OF REPRESENTATIVES
Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner. of Agriculture, and Commissioner of Labor shall be elected in the manner prescribed for the election of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time as the Governor and shall serve for a term of four years. (emphasis added)
SENATE JUDICIARY COMMITTEE
Same as the House of Representatives.

Article V, Section III, " ( . 'Jraph II

CCIMMITIEE TO REVISE ARTICLES IV AND V
Paragraph II. Qualifications. (a) No person shall be eligible to the office of the Secretary of State, Attorney General, Commissioner of Agriculture, Commissioner of Labor, or District Attorney unless such person shall have been a citizen of the United States for ten years and a legal resident of the state for four years immediately preceding. election or appointment and shall have attained the age of 25 years by the date of a8suming office. All of said officers shall take such oath and give bond and security, as prescribed by law, for the faithful discharge of their duties.
(b) No person shall b.e Attorney General unle8s such person shall have been an active-status member of the State Bar of Georgia for seven years.
(c) No person shall be a District Attorney unless such person shall have been an active-status member of the State Bar of Georgia for three years immediately preceding such person's election.
N~: The experience qualifications for the Attorney General and for the District Attorneys are found in Article VI, Section XIII, Paragraph I of the present Constitution. The Committee' to Revise Articles IV and V moved them to this article and section for organizational clarity.
SELECT CClmITTEE
Subparagraph (a) changed to read. as follows:
(a) No person shall be eligible to the office of Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, or Commissioner of Labor unless such person shall have been a citizen of the United States for ten years and a legal resident of the state for four years immediately preceding election or appointment and shall have attained the age of 25 years by the date of assuming.office. All of said officers shall take such oath and give bond and security, as prescribed by law, for the faithful discharge of their duties. (emphasis added)
No change in subparagraph (b).
Subparagraph (c) deleted.

Page 43
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE CO}~ITTEE RECO}~NDATIONS PROPOSED BY THE SELECT CO~ITTEE. BY THE HOUSE OF REPRESENTATIVES. AND BY THE SENATE JUDICIARY CO~ITTEE AT THE 1980 LEGISLATIVE SESSION

~~. SECTION. 1. iRAPH
Article V. Section III. Paragraph II (continued)

CHANGES PROPOSED
HOUSE OF REPRESENTATIVES Same as Select Committee. SENATE JUDICIARY COHKITTEE Same as Select Committee.

Article V. Section III. Paragraph III
-, C\

COHKITTEE TO REVISE ARTICLES IV AND V
Paragraph III. Powers. duties. compensation. and allowances of other executive officers. Except as otherwise provided in this Constitution. the General Assembly shall prescribe the powers. duties. compensation. and allowances of the above executive officers and pra.vide assistance and expenses necessary for the operation of the department of each. The District Attorneys shall be entitled to receive such local supplements to their compensation and allowances as may be provided by law.
SELECT COHKITTEE
Deleted last sentence of this paragraph. Same as Committee to Revise Articl~s IV and V otherwise.
HOUSE OF REPRESENTATIVES
Same as Select Committee.
SENATE JUDICIARY ClHfiTTEE
Same as Select Committee.

Article V. Section III. Paragraph IV
(/
Article V. Section III. Paragraph V

No change.
NOTE: The duties of the Attorney' General are found in Article VI, Section X. Paragraph II of the present Constitution.
COHKITTEE TO REVISE ARTICLES IV AND V
Paragraph V. District Attorneys. number. duties. immunity. There shall be a District Attorney for each judicial circuit. whose term shall be four years. The successors of present and subsequent incumbents shall be elected by the electors of their respective circuits at the general election held immediately preceding the expiration of their respective terms. It shall be the duty of the District Attorney to represent the state in all criminal cases in the superior court of such District Attorney'scircuit and in all cases appealed from the superior court and the juvenile cou~ts of that circuit to the Supreme Court and Court of Appeals and to perform such other duties as shall be required by law. The District Attorneys shall enjoy such immunity from private suit as is necessary for the performance of their duties.
NOTE: As indicated earlier. the Committee to Revise Articles IV and V recommended that the constitutional provisions relating to district attorneys be put in the Executive Article. The Select Committee. House of Representatives. and Senate Judiciary Committee recommended that they remain in the Judicial Article.

Page 44
SYNOPSIS OF CHANGES IN ORIGINAL ARTICLE CO}~ITTEE RECO}~NDATIONS PROPOSED BY THE SELECT CO~~ITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY COMMITTEE AT THE 1980 LEGISLATIVE SESSION

(----":LE, SECTION,

1:... ';RAPH

.

Article V, Section IV, Paragraph I

CHANGES PROPOSED
COMMITTEE TO REVISE ARTICLES IV AND V
Paragraph I. "Elected constitutional executive officer," how defined. As used in this section, the term "elected constitutional executive officer" means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General the Commissioner of Agriculture, and the Commissioner of Labor.
SELECT COMMITTEE
Paragraph 1. "Elected constitutional executive officer." how defined. As used in this section, the term "elected constitutional executive officer" means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General. the State School Superintendent, the Comptroller General, the Commissioner of Agriculture, and the Commissioner of Labor. (emphasis added)
HOUSE OF REPRESENTATIVES
Same as Select Committee.
SENATE JUDICIARY COMMITTEE
Same as Selec~ Committee.

Article V, Section IV, Paragraph II
L

COMKITTEE TO REVISE ARTICLES IV AND V
Paragraph II. Procedure for determining disability. (a) Upon a petition of any three of the officers listed in subsection (b) below to the Supreme Court of Georgia that an elected constitutional executive officer is unable to perform the duties of office because of a physical or mental disability, the Supreme'Court shall by appropriate rule provide for a speedy and public hearing on such matter, including notice of the nature and cause of the accusation, process for obtaining witnesses, and the assistance of counsel. Evidence at such hearing shall include testimony from not less than three qualified physicians in private practice. one of whom must be a psychiatrist.
(b) For the purpose of this Paragraph, the officers who may petition the Sup~eme Court for a determination of disability of an elected constitutional executive officer shall include the following: any elected constitutional executive officer, the President of the Senate, and the Speaker of the House of Representatives.
SELECT COMMITTEE
Paragraph II. Procedure for determining disability. Upon a petition of any three elected constitutional executive officers to the Supreme Court of Georgia that another elected constitutiional executive officer is unable to perfQrm the duties of office because of a physical or mental disability, the Supreme Court shall by appropriate rule prOVide for a speedy and public hearing on such matter, including notice of the nature and cause of the accusation, process for obtaining witnesses, and the assistance of counsel. Evidence at such hearing shall include testimony from not less than three qualified physicians in private practice, one of whom must be a psychiatri~t.

Page 45
Si~OPSIS OF CHANGES IN ORIGINAL ARTICLE CO}rnITTEE RECO}rnENDATIONS PROPOSED BY THE SELECT CO~ITTEE, BY THE HOUSE OF REPRESENTATIVES, AND BY THE SENATE JUDICIARY CO~ITTEE AT THEl980 LEGISLATIVE SESSION

""'-"'LE, SECTION, p, RAPH
Article V, Section IV, Paragraph II (continued)

CHANGES PROPOSED
HOUSE OF REPRESENTATIVES
Same as Select Committee
SENATE JUDICIARY COMMITTEE
Paragraph II. Procedure for determining disability. Upon a petition of any three elected constitutional executive officers to the Supreme Court of Georgia that another elected constitutional, executive officer is unable to perform the duties of office because of a physical or mental disability, the Supreme Court shall by appropriate rule provide fora speedy and public hearing on such matter. including notice of the nature 'and cause of the alleged disabili~y, process for obtaining witnesses, and the assistance of counsel. Evidence at such hearing shall include testimony from not less than three qualified physicians in private practice, one of whom must be a psychiatrist. (emphasis added)

Article V, Section IV, Paragraph III

No change.

(
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I
"--.,./

COMMITTEE MEMBERS:
GEORGE BUSBEE GOVERNOR CHAIRMAN
ZELL MIu.ER UEUTENANT GOVERNOR
THOMAS B. MURPHY SPEAKER. HOUSE OF REPRESENTATIVES
ROBERT H. JORDAN CHIEF JUSTICE. SuPREME COURT
,J. KELLEY OUILUAN CHIEF' JUDGE. COURT OF APPEALS
ARTHUR K. BOLTON ATTORNEY GENERAL
MARCUS 8. CALHOUN SENtOR .JUDGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITY ....VENUE ATLANTA. GEORGIA 30334
404/l!SStl71S8

COMMITTEES MEMBERS:
AL HOLLOWAY SENATE PRESIDENT PRO TEMPORE
JACK CONNELL SPEAKER PRO TEMPORE
ROV E. BARNES CHAIRMAN. SENATE JUDICIARV COMMITTEE
WAVNE SNOW. JR. CHAIRM ....N. HOUSE JUDICIARY COMMITTEE
FRANK H. EDWAROS SPECIAL COUNSEL.
J. ROBIN HARRiS EXECUTIVE DIRECTOR
MELVIN B. HILL JR. ASSISTANT EXECUTIVE DIRECTOR

TO:
FROM:
SUBJECT:
DATE:

MEMBERS, LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION AND SELECT COMMITTEE
Michael J. Henry, Staff Attorney
Staff Recommendations for Changes in the Article V Proposal June 16, 1981

Since the final meeting of the Committee to Revise Article V, the staff has been in the process of reviewing its proposal. Comments have been received from various attorneys and others. Based on this correspondence and staff review, the staff recommends the following changes:
Recommendations on Article V
1. Article V, Section I, Paragraph II, Election for Governor. Needs to be modified to correct the date on which the next gubernatorial election will be held as follows:
"An election for Governor shall be held on Tuesday
after the first Monday in November of 1986... " (correction underlined)
2. Article V, Section III, Paragraphs I, II(c), and V need to be reconciled with the Article VI, Section VII provisions on District Attorneys. The Article V proposal contains a recommendation that the provisions on District Attorney be deleted from Article VI, Judiciary, thus making them an executive rather than a judicial officer.
3. Article V, Section III, Paragraphs II(b) and IV need to be reconciled with the Article VI, Section VI provisions on Attorney General.

\
'.
.. .,.
,'~'@

LEGISLATIVE OVERVIEW COMMITTEE SELECT COMMITTEE June 16, 1981 Page 2
4. Article V, Section IV, Paragraph II(a) needs to be modified to correct a word as a matter of style as follows: "Upon a petition of any three of the officers listed in subparagraph (b) below. " (correction underlined)
M.JR/mk

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PAGE 1

2

STATE OF GEORGIA

3

4

SELECT COMMITTEE

5

ON

6

CONSTITUTIONAL REVISION

7

8

9

10

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11 j:
.'o.."...
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MEETING OF

! 14 !;;

LEGISLATIVE OVERVIEW COMMITTEE

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15 oll

:"':"
16 ~...

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17 g THE HONORABLE GEORGE BUSBEE, Governor of Georgia, Presiding

18

19

20

21

22 Room 341 State Capitol
23 Atlanta, Georgia
24 Tuesday, July 28, 1981 9:30 a.m.
25

2

3

4

S

6

7

8

9

10

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~

1 4~' :I:
15
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16 .~.. oz
17 :Ii

18

19

20

21

22

23

24

2S

INDEX

PAGE 3

Motions for Reconsideration,

Senator Barnes

0

4

Consideration of:

Article IX, Section 1.0 ........... ".... 00.21

Article IX, Section 11 . . . ". . . 23 0 0 "

Article Section IX,

I I I-. . 3 0 Q 0 0 "

Article IX, Section v .... "..... o. ." .. .000.39

Article IX, Section IV . . 44 G (I



"

(I











Article IV, Section 1"0,,, 0'" 8.1162 (10 SI O.

Article IV, Section 11.1, . . . . . . 063 0 0 0,1

Article IV, Section IV . . . . . . . . . 66 0 Q 0

A r t i c l e V, Section 46 !-. . Q 0'.,,, " " o' Q 0 0 0 0

Article V, Section II . . . . 54 a U I> g 0

Article VIII, Sections II and 111.

55

Article VIII, Section IV

58

Staff Technical Changes, Article III

68

Staff Technical Changes, Article VIII

71

Reconsideration of Article IV,

Board of Natural Resources.,

77

Adj o u r n m e n t . 85 0 0 0 " , ' 0 " , 0 Q " 0 0 G 0 0

PAGE 3

PRO GEE DIN G S

2

GOVERNOR BUSBEE: All right. If everybody will take

3 your seat, we will start the proceedings.

4

You have on your handout all the information that

5 you need to consider, on the front page there you will notice

6 for further consideration we have 14 items that have been

7 listed, in addition to which we have some technical changes

8 that need to be made that the staff is proposing on Article 9 III and on Article VIII.

10

Article IX, which will be Item 8, was the first thing

that we had on the agenda where we left off. Mel, do you want

to pick up on the items?

Has everybody been given a handout?

VOICES: No.

(Pause.)

MR. HILL: Now, the agenda for today is indicated

on this sheet, so it's a day to consider the things that are 18 left for consideration in the articles that have been gone

19 over so far.

20

Now, if anyone is here expecting the judicial

21 article to be taken up, please be alerted to the fact that

22 that is next week, and the taxation article will be taken up

23 on Thursday, and the judicial article on Friday.

24

The Thursday meeting will start at 10:00, and the

25 Friday meeting at 9:00, but today is -- the agenda is as

PAGE 4

indicated on the sheet.

2

We're going to take up Article IX first, so that will

3 be Number 8 on this sheet, and that is on page 69 is the

4 conference committee report on the compensation of county

5 officers, so if you will turn to page 69 in this package you

6 will see what the conference committee is recommending.

7

GOVERNOR BUSBEE: Senator Barnes.

8

SENATOR BARNES: Before we begin on today's agenda,

9 I have got a couple of motions.

10

We have met in the Senate Overview Committee in

caucus, and after this long process that we have been through

on writing the constitution we want to make sure that it can

be passed and ratified and approved by the people, and though

how we personally feel there are two issues that I move that

we reconsider at the beginning, and I would like to state what

we would propose as the compromise.

There are two issues that the newspapers and others 18 who have been concerned with comment on this matter and on 19 the constitution have greatly criticized, and I hate for these

20 two issues which are relatively insignificant in the whole

21 framework of ratification of the new constitution to defeat

22 it.

23

I would like to move that we reconsider our position

24 and vote on the open meetings provision that we had in the

25 constitution, and instead put a provision into the

PAGE 5

constitution that says that all meetings of the General

2 Assembly and its committees will be open to the public with

3 such exceptions as be provided by law.

4

There are legitimate exceptions as to the acquisition

5 of property, the suits against the General Assembly and others

6 that ought to be excepted from public view because of their 7 sensitive nature, but as a general proposition I don't think 8 anyone disagrees that meetings, public meetings ought to be 9 open to the public.

10

\~en I finish with the second point, then I'll make a

motion that we reconsider that provision.

The second one is concerning salaries of members of

the General Assembly. The real issue has generally been in

all the discussion that the General Assembly is limited in

its ability to change allowances and not salaries, and every-

one agrees pretty well that salaries ought to be or could be

and should be set over until the next election of the members 18 of the General As senilily, so I move that we reconsider the

19 position that the Overview Committee assumed on that and

instituting in its place the language as follows:

21

That the salary of the members of the General Assembl~

22 shall not be increased during the term for which the members

23 are elected.

24

Now, that would allow allowances, that is per diem

25 and mileage to be increased so that it would not you would

PAGE 6

not have some state employees drawing one thing in per diem

2 and allowances and us another, but the salary would not --

3 the actual salary would not be increased during the term for

4 which it's elected.

5

I move that the Senate Overview Cormnittee reconsider

6 its position both on the open meetings and on the salary

7 provision of the constitution.

8

SENATOR HOWARD: Second.

9

GOVERNOR BUSBEE: There are two items there for

10 reconsideration. The motion is to reconsider those two items,

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11

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and

there

is

a

second.

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12 ~

Is there any discussion on it?

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A VOICE: Mr. Chairman, do you want to separate the

14 ~:Ir two motions?

15 011

GOVERNOR BUSBEE: Let's separate them if you don't

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16 ~... have any objection . We'll start off with the open meetings.

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17 :

Did everyone hear the statement that he made?

18

SENATOR BARNES: Let's reconsider, then we'll talk.

19 I just want to get the issues solved one way or the other.

20

GOVERNOR BUSBEE: If we do reconsider, we'll bring

21 it up for discussion after you do.

22

Is there any further discussion on the motion to

23 reconsider?

24

SENATOR BARNES: We're talking about open meetings.

25

GOVERNOR BUSBEE: We're talking about open meetings,

PAGE 7

not on the other.

2

All right. All in favor of reconsidering

Is

3 there objection to reconsidering them?

4

A VOICE: Yes.

5

GOVERNOR BUSBEE: There is objection. All in favor

6 of reconsideration rise and stand until you're counted.

7

(A show of hands.)

8

GOVERNOR BUSBEE: Reverse your position.

9

(A show of hands.)

10

GOVERNOR BUSBEE: All right. On the motion to

II 5z~ reconsider, in the House and ayes are nine, the nays are 14;
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~--- I12 ~ in the Senate the ayes are 18, the nays are zero, and the motion to reconsider is lost.

! 14

SENATOR BARNES:

~

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15

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understood

that.

What is our position?

I never have

~

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16 ~

GOVERNOR BUSBEE: I think what you have really is a

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17

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conference.

I think where you have two bodies voting on the

18 motion to reconsider, I think if we're going to discuss it at

19 this time it would require that both bodies vote to reconsider.

20

We don't have a rule for it, but where you have a

21 motion to reconsider you're going to have a separate procedure,

22 but where you have a difference generally speaking between the

23 House and the Senate then we go to a conference committee.

24

I'm open to suggestions. We'll vote on procedure.

25 The procedure will be for the balance of discussion what

PAGE 8

happens on a motion to reconsider where you have a separate

2 vote in the House and the Senate.

3

All right. Senator Holloway.

4

SENATOR HOLLOWAY: I move we get the Speaker to

5 reconsider his instructions and let us at least get this thing

6 on the table that we can talk about it.

7

Now, we're getting crucified on it in the newspapers.

8 There's nothing wrong with the suggestion that we want to put

9 forward, and I think it will be compatible to both the House

10 and the Senate.

SENATOR BARNES: I have no problem with making it

apply to all government meetings.

GOVERNOR BUSBEE: Senator Bell.

SENATOR BELL: Parliamentary inquiry.

GOVERNOR BUSBEE: State your point.

SENATOR BELL: The inquiry is this. The issue

before us is only reconsideration. The language that would 18 be put into the bill would have to be discussed, but the 19 question simply is reconsideration. It is not --

20

SPEAKER MURPHY: Let me tell you what the issue is.

21 The issue is all you guys are dadblamed glad we're voting

22 against you, that's what the issue is.

23

A VOICE: No, sir.

24

SENATOR BARNES: We're trying to work it out so it

25 will pass.

PAGE 9

GOVERNOR BUSBEE: Just one at a time.

2

Senator Howard.

3

SENATOR HOWARD: Mr. Chairman, the thing that I would

4 like to point out is I believe that the Senate, most of us 5 would like to see a vote, and also we can let it apply to all

6 agencies of state government. We're willing to do that.

7

It would seem to me there was some question about it

8 when we voted. I wish we could vote again so that maybe the 9 House could consider that in their thinking when we vote.

10

SENATOR KIDD: Mr. Chairman.

GOVERNOR BUSBEE: Senator Kidd.

SENATOR KIDD: I was under the impression that some

six weeks ago when we originally started having differences

we put them in conference committees and found that this put

us in a position where you either had to accept or reject,

so therefore we voted, and you agreed to it, that it would not

be conference committees, it would be subcommittee reports of 18 which you could vote on any part of it or turn down any part

19 of it and would not have to take it as a whole.

20

I think that this is the status that we are in this

21 morning, that a subcommittee is making a report and we can 22 vote on any part of it or vote it up, down, around, any way

23 you want to.

24

GOVERNOR BUSBEE: I think, Senator, you're right to

25 this extent. We agreed we would have these differences,

PAGE 10

we're going to try and resolve them, time is of the essence,

2 and we would treat these as subcommittee reports on the

3 conference committees where we would have an opportunity of

4 amending them, the conference committees, and that was the

5 procedure that we adopted as I understand it.

6

All right. Senator Holloway.

7

SENATOR HOLLOWAY: Mr. Chairman, this is not a sub-

8 committee report; this is simply an appeal from the Senate to

9 the House to hear a new positiorli!in this area which we would

10 like to fall back if you agree to. If you don't agree to it,

you don't have to fall back to it.

SENATOR STARR: Let's reconsider the vote.

GOVERNOR BUSBEE: Representative Jones.

REPRESENTATIVE JONES: Mr. Chairman, I would like to

move that you establish a conference committee between the

two bodies to determine if we are to reconsider a motion.

REPRESENTATIVE COLEMAN: It lost.

18

(Pause .01

19

GOVERNOR BUSBEE: Everybody please take your seats

Wand cease audible conversation.

21

I was trying to confer with the Lieutenant Governor

22 and with the Speaker about the parliamentary procedure at this

23 point, and they both concurred I think that it's about the

24 only thing we can do, where you have a substance difference

25 between the House and the Senate that we do go to a conference

PAGE 11

committee and, as Senator Kidd says, we want some latitude.

2

We have agreed previously we would treat this as a

3 committee report and it would be an amendable process.

4

Now, the second question is a procedural questi6n

5 though as to where you have already adopted something, both

6 bodies have adopted something, you have a motion for recon-

7 sideration, that unless both parties agree to reconsider

8 we can't reconsider that action.

9

Now, you had two motions that Senator BarDes had,

10 and we can come back to this issue that you have if you want

11 ~"z to reconsider it and make a motion at a subsequent time, but
.2..
e~i however we have to have some procedure, and abiding by the Lieutenant Governor and the Speaker I think that what I will

! 14 ~ do now is just say that the motion for reconsideration on the

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15 ~ first question was not agreed to by both the House and the

"01:

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16 .~.. Senate, so we'll have to defer that .

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17 :

Now, the second th~ng that you had was on the

18 compensation, and that was just for the salary portion of it;

19 it would not be subject to change.

20

SENATOR BARNES: We would reconsider our action,

21 then put a new proposal in to say that the salary of the

22 members of the General Assembly shall not be increased during

23 the term for which such members are elected, but we would leave 24 out the wording of the present constitution as it applies to

25 allowances, so that allowances could be increased like per

PAGE 12

diem and mileage, but the salary could not be increased during

2 the term for which the members were elected, and I move that we 3 reconsider our former action which deleted a provision

4

GOVERNOR BUSBEE: Is there a second?

5

A VOICE: Seconded.

6

GOVEID~OR BUSBEE: The motion is made and seconded

7 that we reconsider our action on salary.

8

All right. Is there discussion?

9

Is there objection?

10

Hearing none, we have reconsidered.

" 11 ~z

All right. I'll entertain a motion.

'2"

III

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SENATOR BARNES: I move that the language that we

insert at the appropriate place

! 14 ...

MR. HILL: Page 14 of your draft, I mean of your

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15

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package

today,

Paragraph VI.

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16

GOVERNOR BUSBEE: All right. You have heard the

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17

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mot loon .

18

SENATOR BARNES: The language would be: The salary

19 of the members of the General Assembly shall not be increased 20 during the terms for which such members are elected, and that 21 would leave out in the present language that we have, the '45 22 constitution as amended says salary and allowances, and it 23 leaves out "and allowances," and just puts salary as that which

24 cannot be increased during the term.

25

Paragraph VI is the way we adopted it the other day

PAGE 13

on page 14. We are striking VI and reinserting what I have

2 just stated.

3

SENATOR HOLLOvlAY: Second the motion.

4

GOVERNOR BUSBEE: All right. Senator Lester.

5

SENATOR LESTER: Governor, it seems to me that there

6 has been a ruling from either the Legislative Counselor

7 someone before that our allowances per diem and so forth

8 were considered as part of our salary. Now, I could be all

9 wet on that, but I think we need a c1earification before we

10 vote on this matter.

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11 ic=r:

SENATOR BARNES: As I understood the ruling was that

e ; i.2.. compensation meant salary and allowances, but not the word "salary." That's where I'm --

! 14

REPRESENTATIVE LEE: You're absolutely correct.

t;

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15

SENATOR BARNES: Compensation meant salary and

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16 .~.. allowances. When you use the word "salary" --

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17 ~

GOVERNOR BUSBEE: I just asked legal counsel, and

18 Frank Edwards I think concurred, salary does not include

19 allowances or travel.

20

SENATOR LESTER: Thank you, Governor.

21

GOVERNOR BUSBEE: Representative Colwell.

22

REPRESENTATIVE COLvlliLL: I would like to make a

23 substitute motion that this include all elected officials,

24 not just the General Assembly.

25

REPRESENTATIVE JONES: I second it.

PAGE 14

SENATOR HOLLOWAY: I object.

2

SPEAKER MURPHY: This is the legislative article.

3 This ain't the place for it. If you want to do that, there's

4 another place for that; it don't need to be put in our 5 legislative article. That's what we're trying to do is 6 separate it out.

7

GOVEro~OR BUSBEE: All right.

8

SENATOR HOLLOWAY: This particular amendment is

9 nothing new to us, and the real problems we've had with this

10 amendment -- we've got some people whose terms of office go as

III

11 5Z long as eight years, many of them at six.

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A VOICE: We're cutting those back. GOVERNOR BUSBEE: I think what you're talking about,

14 ~.:z..: and I agree with the Speaker this would not be the appropriate

15 ~ article, but the philosophy is a person shouldn't be able to

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16 i set his own salary in his term.

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17 =

In any event, Representative Colwell, if you would

18 defer -- if you want to move when we reach the article --

19

REPRESENTATIVE COLWELL: Could we make the motion to

20 affect both articles at this time and vote on the motion at

21 one time?

22

REPRESENTATIVE CONNELL: Mr. Chairman.

23

GOVERNOR BUSBEE: Representative Connell.

24

REPRESENTATIVE CONNELL: On the gentleman's motion,

25 Paragraph VI, that should read salaries rather than

PAGE 15

compensation and allowances. You need to change those two

2 words to salaries.

3

MR. HILL: In the title of Paragraph VI.

4

SENATOR BARNES: Yes, salaries.

5

REPRESENTATIVE CONNELL: Just salaries.

6

SENATOR BARNES: In the title, we will have to change

7 the title.

8

GOVERNOR BUSBEE: To salaries would be the title is

9 what you're suggesting, and then the language that you

10 proposed.

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11 i=

All right. Now, then, I don't know what to rule

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@;i about considering two articles at a time. I think it would be divisible.

! 14 ...

Do you mind perfecting this and coming back to that

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15 01) when we go through the other article, the judicial article?

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16 ~...

A VOICE: No, don't do it .

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17 :

REPRESENTATIVE COLWELL: I'd rather see it voted on

18 -- I would like to see us vote on that.

19

GOVERNOR BUSBEE: He's made the motion that every-

20 body in the state government rega~ess of term, that their

21 salaries be fixed for the entire term. This also is going to

22 get into your cost of living increases that are built into

23 those salaries, and it's going to be --

24

A VOICE: We can do that when we talk about the

25 legislative article.

PAGE 16

A VOICE: Divide the question.

2

REPRESENTATIVE COLWELL: I said elected officials,

3 just elected officials.

4

GOVERNOR BUSBEE: The Speaker said he would rule that

5 out of order, and I agree with him on that.

6

All right. We have a motion, you have a second.

7 It's open to discussion.

8

We're going to have to have some order and proceed

9 because we have a lot of things to perfect today, and if we

10 don't we're going to have to go tomorrow.

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11 ~

All right. Discussion. Does anybody have their hand

2

@ - !12 : up? If not, we'll take a vote. A VOICE: Over yonder.

14 t'

GOVERNOR BUSBEE: I can , t see you. Representative

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15 ~ Coleman. All right.

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16 ~

REPRESENTATIVE COLEMAN: Mr. Chairman, do other

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17 ~ elected officials get a cost of living raise?

18

GOVERNOR BUSBEE: Right.

19

REPRESENTATIVE COLEMAN: All of them but the

20 legislature get a cost of living raise?

21

GOVERNOR BUSBEE: That's right.

22

REPRESENTATIVE COLEMAN: If it's in order I would

23 like to make a motion to amend the motion on the floor.

24

GOVERNOR BUSBEE: You just want the cost of living

25 increases as provided for other state employees?

PAGE 17

REPRESENTATIVE COLEMAN: Basically to amend Mr.

2 Barnes' motion or whoever made the motion, after the word

3 "salaries" in excess of the percentage that's given state

4 employees in the preceding fiscal year.

5

GOVERNOR BUSBEE: I have the thrust of it. In order

6 to expedite this, let me ask you, could I phrase your amendment

7 and see if this is the sense of it?

8

REPRESENTATIVE COLEMAN: Yes, sir.

9

GOVERNOR BUSBEE: And let staff perfect the language.

10

I thimk what you're trying to say is to take

11

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Senator

Barnes'

motion

and

amend

it

to

provide

that

the

@;i legislators shall not recieve a salary increase during the term for which they've been elected, except for cost of living

! 14 !;; increases as given to other state employees.



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15 ol)

REPRESENTATIVE COLEMAN: Yes, sir.

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16 .~..

GOVERNOR BUSBEE: We'll let staff perfect the

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17 : language. Is that fair enough?

18

REPRESENTATIVE COLEMAN: I think that would put

19 ourselves with other elected officials, and may even solve the

20 problem of having to go back every four or five years and give

21 a big raise.

22

SENATOR BARNES: The only trouble is we have a two-

23 year term, and it's so easy just to put it over to start the

24 new increase at the start. vfuy not just have it clean that

25 the allowances can be increased, and not allow the salary to

PAGE 18

be increased.

2

GOVERNOR BUSBEE: I think -- you asked me something,

3 I'm going to take the latitude I haven't been doing on a lot

4 of these things, but I think that what we propose' is a very

5 fair amendment for this reason: You come up here and it's

6 very popular not to increase your salary; I think the public 7 overwhelmingly opposes your increasing your salaries during 8 the term, but I don't know of any member of the public that 9 would feel though that a legislator should not be treated 10 in accordance with all the state employees as far as the cost

of living increase, or if they're going to get an increase from

ten cents a mile to twelve cents a mile or fourteen to twenty,

as to why you shouldn't be able to get the same type increases,

which are just reflections on inflation. It's not really an

increase in salary, we're not increasing the state employees'

salaries, and we're not keeping up with the actual cost of

living for inflation, but I think it's only fair, and this

18 keeps the legislature from having to come back and vote for

19 something that is not a salary increase that's really a cost

20 of living increase based on inflation which we never have come

21 up to the rate of inflation on, and it's given to everyone.

22

You asked me, and I told you, boy, that's

Okay.

23

SENATOR BARNES: I believe I understand.

24

(Laughter.)

25

GOVERNOR BUSBEE: Senator Holloway.

PAGE 19

SENATOR HOLLOWAY: Governor, I agree with everything

2 you said, but there is one thing we ought to take note of,

3 and that is we're the people that vote for it. They don't

4 vote for it.

5

Now, in order for us to get a ten percent raise, I

6 mean you think the legislature ought to vote everybody in

7 government a ten percent raise? See, these people have no

8 control over whether they get a raise or not; we have that

9 control, and I think our raises should be separated from them.

10

GOVERNOR BUSBEE: I understand that.

~ z

11 ~

Senator Starr.

2

w

~---I12 ~

SENATOR STARR: The second issue that we can't over-

look is the fact that we are part-time people and they are

! 14 full time people. There is a decided difference in my view.

~

~

~

15 ~

REPRESENTATIVE COLEMAN: It depends how much time you

~

~

16 ~ work at your business, Terrell.

az

17 ~

SENATOR STARR: I put as much as anybody, Terry.

18

GOVERNOR BUSBEE: All right. Senator Stumbaugh~had

19 his hand up.

20

SENATOR STUMBAUGH: I think Senators Holloway and

21 Starr made the two points I did, except we might add -- I

22 think there's an issue here other than just what's fair to

23 legislators, and maybe what's been said is fair, I don't know,

24 but we've got to look at the practical side and that is will

25 this new constitution pass.

PAGE 20

The more problem areas like this where it looks like

2 we're taking care of ourselves, the less chance there is of

3 passing it, and I don't think it's going to kill us to wait

4 two years to get whatever raise might be due us at least in

5 light of the importance of passing the constitution, and I

6 think we ought to defeat that motion.

7

GOVERNOR BUSBEE: All right. The motion is on the

8 amendment of Representative Coleman. Is there further

9 discussion on the amendment?

10

Hearing none, all in favor of the amendment rise and

stand until you're counted.

(A show of hands.)

GOVERNOR BUSBEE: Reverse your positions.

(A show of hands.)

15 ~

GOVERNOR BUSBEE: All right.

~

~

16 ~

LT. GOVERNOR MILLER: I want to get another vote in

D

%

17 ctll~ the Senate.

18

GOVERNOR BUSBEE: I have the House. Now just the

19 Senate, all in favor of the amendment rise and stand until

20 you're counted.

21

(A show of hands.)

22

GOVERNOR BUSBEE: Reverse your positions.

23

(A show of hands.)

24

GOVERNOR BUSBEE: All right. On the amendment, in

25 the House the ayes are 19, the nays are seven; in the Senate

PAGE 21

the ayes are 13, the nays are 11. The amendment is adopted.

2

The question now is on adoption of the main motion

3 as amended.

4

Is there further discussion on it?

5

Any objection to the previous question? If not, all

6 those in favor of the main motion as amended rise and stand

7 until you're counted.

8

(A show of hands.)

9

GOVERNOR BUSBEE: All right. Reverse your positions.

10

(A show of hands.)

"z
11 ~

GOVERNOR BUSBEE: All right. In the House the ayes

@;;..o.... are 26, the nays are one; in the Senate the ayes are 17, the nays are four. The amendment is adopted.

14 ~

All right. vfuat's the next one, Mel?

S
x
15 olI

MR. HILL: Okay. We are to Article IX, Section I,

"II:
::I

16 .~.. Paragraph III(b), Number 8 on your cover sheet, and it is at

Q

17

cZ
:li

page

69

of

your

package.

18

The only area that was in disagreement on this

19 paragraph was Subparagraph (b) about compensation of county

20 officers, and the conference committee has approved this

21 change in language to specify that county officers will be

22 compensated on a fee basis, salary basis or a fee basis

23 supplemented by a salary, but that minimum compensation for

24 such officers should be established by the General Assembly

25 by general law.

PAGE 22

GOVERNOR BUSBEE: All right. This is the conference

2 cOIDQittee report.

3

A VOICE: Move its adoption.

4

GOVERNOR BUSBEE: Somebody moved for adoption. Is

5 there a second?

6

A VOICE: Seconded.

7

GOVERNOR BUSBEE: The motion is made and seconded.

8 Discussion.

9

Any discussion on the adoppion of the conference

10 committee report?

@;;"% 11 j: .~.. III

SPEAKER MURPHY: Let me ask a question. Why

couldn't we make that subparagraph very short and clear and

concise there and say county officers, because this takes

! 14 t; every possible way in the world to compensate one there is to

:z:

15 ~ compensate them, why couldn't we say county officers shall be

"III
;:)

16

~
III

compensated

in

such

manner

as

fixed

by

law?

Isn't that what

Qz

17 ~ you're saying? You've covered every way in the world.

18

MR. HILL: The reason why this last part was added

19 was to get around the invalid delegation of authority problem.

20

If you wanted to delegate to the local governing

21 authority the ahility to set a salary, you would have to have

22 specific constitutional authorization for that, so that is why

23 that last sentence was in there.

24

GOVERNOR BUSBEE: Okay. Any further questions?

25

If not, is there oGjection to adoption of the

PAGE 23

conference committee report on Paragraph III?

2

Hearing none, it's adopted.

3

Next one.

4

MR. HILL: All right 0 Number 9 is on page 70 of

5 your package.

6

What has been approved thus far on the home rule for

7 counties and municipalities is indicated right here in

8 Paragraph 1 0 That has been approved.

9

Now, it hasn't.been reconsidered, but there was some

10 question raised by the Governor and other members of the

11 "z~ committee about the change of county home rule to statutory

.o..

~

12 ~ rather than constitutional, so the alternative that is before

~--- ~ you would put the self-executing grant of home rule authority

14 I>:zi;: for counties back into the constitution and leave home rule

15 olI for municipalities as is.

"'";;)

16 ~

t1y understanding is the municipalities approved this

ezll

17 g the way it's dealt with in the alternative, and that the

18 counties oppose anything except the constitution as drafted.

19

In other words, the provisions that are in the

20 present constitution which encompass a lot more space than

21 this. This is a modified version of that, and the counties

22 do not support this as an official position, but it is closer

23 to what is now in the constitution than what was originally

24 approved by the committee.

25

This is not a conference committee report, it has not

PAGE 24

been reconsidered, but there was enough question raised about

2 it that the staff was asked to draft something.

3

~fR. HARRIS: The staff was asked to draft some

4 alternatives for the committee to look at, and basically this

5 is the result of that direction that was given to the staff.

6

GOVERNOR BUSBEE: Representative Rainey.

7

REPRESENTATIVE RAINEY: Under this, if a county now

8 sets their officers' salary by legislative act, then can a

9 general law be passed taking away that right and superseding

10 the local legislative delegation's right to set salaries?

~
11 ia..=....
@;I

MR. HARRIS: May I respond? GOVERNOR BUSBEE: Yes. MR. HARRIS: Mr. Rainey, that was covered in the

14 ~ preceding section that said that such minimum compensation may

~:z:
15 ~ be supplemented by local law, or if such authority is delegated

CI

lit

16

!::I
by

local

law,

by

action

of

the

county

governing

authority.

Qz

17 i

GOVERNOR BUSBEE: All right. We have no motion

18 pending. What you had if you recall is we had -- the section

19 was adopted treating the counties and cities alike. The

20 cities had no objection to it, but the counties had objection.

21

You asked for alternative proposals to be proposed by

22 the staff, it's not a conference committee report, but this is

23 their proposal and it's the alternative to Paragraph I and II.

24 Is that correct?

25

MR. HARRIS: That's correct.

PAGE 25

MR. HILL: Yes.

2

GOVERNOR BUSBEE: All right. We sit without a

3 motion.

4

SPEAKER MURPHY: Governor, what this paragraph

5 basically does is the first sentence is a sop to county

6 officials, but it's taken away by the last part of the first

7 sentence where it says for which no provision has been made

8 by a general law, and which is not inconsistent with any local

9 law, which means it puts it right back where the cities are,

10 and the next thing says we can pass an act to change the

effect of it and regulate it any way we want to do, it puts

it right back where the cities are, so why not stay where we

were to start with?

A VOICE: That's exactly right.

GOVERNOR BUSBEE: I have no motion differently.

SPEAKER MURPHY: I move we adopt the Paragraph I

which was proposed in Paragraph I above it which puts them

18 both in the second category.

19

MR. HILL: That's already been approved. Without a

20 motion that will stay.

21

GOVERNOR BUSBEE: I had a motion and seconded, but

22 that's already been approved. It will not require one, so I

23 don't have any motion to adopt the alternative that the staff

24 drew up.

25

A VOICE: Move on.

PAGE 26

GOVERNOR BUSBEE: We will move on to the next item.

2

}ffi. HILL: Number 10, there was a conference committe~

3 or a study committee on the so-called Amendment 19 powers,

4 and there is no report in this draft, but I believe that

5 Nathan Deal has a report to give.

6

A VOICE: What page is that on?

7

MR. HILL: It's in the draft as you have approved it

8 at the last meeting. It is about page 55 or 56.

9

A VOICE: On page 49, 50, and 5l.

10

MR. HILL: That's as it was approved by the --

No, I'm sorry, that is as it was presented by the article

committee.

A VOICE: That's right, on 49, 50 and 51.

SENATOR DEAL: Mr. Chairman, we have discussed this

with the Municipal Association and they're all in concurrence

with what is written on 49, 50 and 51, so I move we adopt

this.

18

GOVERNOR BUSBEE: Your motion is we adopt Paragraph

19 II at the end of page 49?

20

SENATOR DEAL: Yes.

21

GOVERNOR BUSBEE: All right. Is there a second?

22

A VOICE: Second.

23

GOVERNOR BUSBEE: The motion is made and seconded.

24

SENATOR HOLLOWAY: Was there a conference committee

25 on this.?

PAGE 27

MR. HILL: A study committee.

2

SENATOR HOLLOWAY: Did they have a report? That was

3 it?

4

SENATOR DEAL: That was it.

5

SENATOR HOLLOWAY: I didn't understand. Okay.

6

GOVERNOR BUSBEE: All right. On the Paragraph II

7 you have just heard the motion. Is there further discussion

8 on the motion?

9

A VOICE: Mr. Chairman, he said that municipalities

10 agreed to it. I'm sure the counties agreed to it too.

11 ~"z

GOVERNOR BUSBEE: I think all of them agreed to it.

2...

@~~i All right. Is there objection to the adoption?

Hearing none, it's adopted.

14!

Next item.

I;;

%
15 ~

MR. HILL: The next item relates to sovereign

16

"'":;)
~...

immunity

of

counties

and

municipalities

and

other

sub-

17

oz
::i

divisions.

18

There was a study committee on this. The article

19 committee proposal includes the provision at the bottom of

20 page 52 of your package, and I believe Roy Barnes has the

21 report of that conference committee.

22

SENATOR BARNES: Let me say that the Senate members

23 of the conference committee talked, we talked somewhat with

24 the House members; they may disagree with the position we

25 take.

PAGE 28

The position that the Senate wishes to take is that

2 sovereign immunity for cities and counties should not be

3 encased in the constitution, but should be as it is now

4 provided by law.

5

There is an entire amount of case law that has come

6 up regarding the ability to sue cities and counties in

7 certain limited circumstances. Bridge statutes have been

8 enacted concerning counties and proprietary functions of

9 cities, and we feel that if this provision which is found

10 on page 52, Paragraph VIII at the bottom of the page is put

11 ~"z into the constitution that it will prohibit all suits against
f
III
@-- i12 ~ counties and municipalities, including bridge cases, proprietary cases and otherwise.

i14 ...

So the Senate members, we studied it and we have not

~

15 0 had time to talk fully with the House members, but we

~
16 i;:) recommended that Paragraph VIII be stricken in its entirety

zQ
17 i and not be in the constitution regarding the sovereign immunity

18 of cities and counties.

19

GOVERNOR BUSBEE: Are you moving?

20

SENATOR BARNES: I so move.

21

GOVERNOR BUSBEE: All right. The motion of Senator

22 Barnes is that on Paragraph VIII, page 52, that where the

23 provision is made that counties and municipalities and other

24 political subdivisions shall enjoy the same immunity from

25 suit as the state unless otherwise provided by law be stricken.

PAGE 29

Is there a second?

2

SENATOR HOWARD: Seconded.

3

GOVERNOR BUSBEE: The motion is made and seconded.

4 Any discussion?

5

Representative Burruss.

6

REPRESENTATIVE BURRUSS: We have a report from the

7 House members of the committee.

8

GOVERNOR BUSBEE: Repeat that, Mr. Burruss.

9

REPRESENTATIVE BURRUSS: We have a report from the

10 House members of the study committee.

A VOICE: Do you have a report on sovereign immunity?

REPRESENTATIVE SNOW: No, I do not have a report on

sovereign immunity. We can just leave it like it appears

right now.

GOVERNOR BUSBEE: I have a motion and a second and

we're open for discussion.

All in favor then of striking it rise and stand

18 until you're counted.

19

(A show of hands.)

20

GOVERNOR BUSBEE: Reverse your position.

21

(A show of hands.)

22

GOVERNOR BUSBEE: All right. In the House the ayes

23 are 18, the nays are three; in the Senate the ayes are 22,

24 the nays are two. The motion is adopted.

25

All right.

PAGE 30

MR. HILL: The next one is on page 73 of the packet

2 relating to local government reorganization.

3

There was some concern expressed when we went over

4 this before about what this would do and not do, and how it

5 would affect the authority of the General Assembly to repeal

6 municipal charters.

7

You will notice in Subparagraph (c) we have added

8 a specific provision to assure that nothing in this paragraph

9 would prevent the General Assembly from repealing a municipal

10 charter without a referendum, so that is specifically covered.

1:1

11

Z j:

.'2"..

What was done in addition to that is we have

@;I separated out in Subparagraphs (a) and (b) consolidation of cities and counties, consolidation of the governmental powers

14 ~:zI: of a city and a county similar to what happened in Columbus 15 011 in (a), and this would address that kind of a governmental
1:1
'"::I 16 ~... reorganization proposal; it would be consolidation of
zQ
17 ~ governments, and it would require that any consolidation be

18 approved by the qualified voters directly affected thereby

19 voting in such manner as would be provided in the law that

20 would have to be set up to authorize this to be done, so this

21 would allow the vote to be the way that the law specified.

22

Then Subparagraph (b)--

23

SPEAKER MURPHY: Can I ask you a question right

24 there, please?

25

My understanding of what you're saying could be done

PAGE 31

is that if the City of Atlanta and the Fulton County

2 delegation passed a resolution requiring the City of Atlanta

3 and East Point to be consolidated, the total vote is all that

4 would be required?

5

MR. HILL: It would be pursuant to -- the vote 'would

6 be pursuant to the law that authorized the consolidation.

7

SPEAKER MURPHY: That would be a local law.

8

MR. HILL: It would be either a local law or a genera

9 law if the General Assembly established a general policy in

10 this area.

":z
11 ~

SPEAKER MURPHY: All right. To carry it one step

e -!.o.. 12 ~ further, if by reapportionment the City of Atlanta controlled the delegation in Fulton County. they passed a local law

14 Eunder this provision here, the City of Atlanta could decide
:r:
15 ~ to take on East Point and have one election, and Atlanta vote
"llIi
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16 ~ for it, and East Point vote against it, they would still take
Q
:z
17 ~ East Point in. Is that what you're telling me?

18

t1R. HILL: I'm saying that this draft is written in

19 such a way that the type of vote required would be up to the

20 legislature to decide when they passed the law.

21

SPEAKER MURPHY: It would be up to the local act.

22

MR. HILL: It would be up to the local act if no

23 general law was adopted.

24

SENATOR HOLLOWAY: Could I ask the Speaker a question

25

GOVERNOR BUSBEE: All right. Senator Holloway.

PAGE 32

SENATOR HOLLOWAY: Mr. Speaker, you're speaking

2 that either a dual or a single referendum can be set up by

3 the local law?

4

SPEAKER MURPHY: And it ought not to be that way.

5 No big one ought to be able to swallow up a little one

6 without the little one voting to be swallowed up is the way

7 I feel about it.

8

MR. HILL: So then it would be the intent of the

9 committee that there be a referendum required in the city

10 and the county to be consolidated, a separate approval of

11

"%
~

the

city

and

the

county,

and

that

should be

consitutionally

Ill:

2...

(e);~j mandated? GOVERNOR BUSBEE: Representative Burruss.

14 I
$

REPRESENTATIVE BURRUSS: Mr. Chairman, could we

15

:z:


correct

this

objection

by

inserting

the

word

"general,"

make

:=

:::t

16 I it general law?

~

a%
17

GOVERNOR BUSBEE: I'll have to find the line you're

18 talking about.

19

REPRESENTATIVE BURRUSS: On page 73, if we inserted

20 the word "general" in the second line, may provide by general

21 law, then we would have to do it also in Paragraph (d).

22

SPEAKER MURPHY: Mr. Burruss, that of course would

23 inject the General Assembly in every local fight in every

24 county in, the state of Georgia.

25

There's a simple way to do it, which the law is now,

PAGE 33

the area to be annexed or consolidated, each one must vote

2 independently for the thing, and that's the way that ought to

3 be, it's the way it's always been and the way it ought to

4 remain.

5

REPRESENTATIVE JONES: Mr. Speaker, it hasn't always

6 been that way.

7

GOVERNOR BUSBEE: Mr. Adams.

8

REPRESENTATIVE ADAMS: Could I make the Speaker's

9 comment in the form of a motion that it be inserted in the

10 constitution that the governments affected each should have

11

"z
t=

an

independent vote

of

the

people?

e ; j..Io..ll..:

SPEAKER MURPHY: That's the way it ought to be. A SENATOR: You could say a concurrent referendum

! 14 and both have to pass.

I-

':<z"C:

15 .:.

A VOICE: If it failed in one instance, it would not

"Ill:
:;)

16 .~.. be effective .

Q

Z

<C

17 :

GOVERNOR BUSBEE: Just give me the language, anybody

18 that wants to make the motion.

19

All right. Representative Adams.

20

REPRESENTATIVE ADAMS: I move - - I don't know where

21 to put it, but the governmental entities affected by any

22 annexation or consolidation, each governmental entity would

23 vote separately, and if it did not carry in both governments

24 then it would fail.

25

MR. HARRIS: Mr. Chairman, I think if they vote on

PAGE 34

principle, the staff can put the language together to do it.

2

GOVERNOR BUSBEE: All right. Senator Holloway.

3

SENATOR HOLLOWAY: Well, the present constitution

4 this is a parliamentary inquiry -- the present constitution

5 doesn't require that each political entity vote on it, and we

6 have increased the city limits of Albany, Georgia ten times

7 in the last twenty years with a local bill.

8

SPEAKER MURPHY: Yeah, that's increasing the city

9 limits. This is not consolidating governments like the city

10 and county.

SENATOR HOLLOWAY: It won't affect that at all?

SPEAKER MURPHY: No, sir. This is altogether

different from that.

What this would provide basically, and I don't mean

to give anybody an idea, it would provide the delegation of

Fulton County could pass a local law consolidating East Point

and Atlanta because they adjoin, the vote in one big election

18 and East Point is going to become part of Atlanta 0 under this.

19

GOVERNOR BUSBEE: Representative Coleman.

20

REPRESENTATIVE COLEMAN: Mr. Chairman, I agree with

21 the point on the municipalities voting -- in other words, in

22 this instance he used Atlanta absorbing East Point, but as

23 far as consolidation of all your city governments into one

24 county government, I don't think we need two separate -- I

25 think one election countywide would solve that problem.

PAGE 35

I think these are two different issues.

2

GOVERNOR BUSBEE: ~~at you're saying is that

3 there's no way that a city can absorb another city without a

4 dual referendum.

5

REPRESENTATIVE COLEMAN: Right. On the county

6 consolidation, it should just be one countywide vote.

7

GOVERNOR BUSBEE: All right. If we can do this in

8 order to expedite it, if I can just get kind of the sense of

9 the body we can have staff draft some language.

10

SENATOR HOLLOWAY: Mr. Chairman.

"5%
11

GOVERNOR BUSBEE: Senator Holloway.

e ; i.2.. SENATOR HOLLOWAY: What's wrong with the present language? vlliat's the problem with the present? That hasn't

! 14 been pointed out to me.

I-

'"

%

15 olI

MR. HILL: The problem with the present situation is

"III
::l

16 .~.. that consolidation of the city and the county requires a local

D

%

17 ~ constitutional amendment, and so this is one of those areas

18 in which we have to somehow allow the General Assembly to do

19 this, but subjected to a referendum in whatever manner you

20 decide, so it has to be addressed in some way.

21

GOVERNOR BUSBEE: All right. Let me ask you this.

22 Is there any objection if we direct staff to draft language

23 and we'll come back and consider the language, postpone this

24 and ask them to draft language saying that in order for one

25 municipality to be incorporated into another municipality you

PAGE 36

have to have a dual type referendum? Is that agreeable?

2

We will defer this until staff develops that

3 language for us. Is that agreeable?

4

VOICES: Yes, sir.

5

GOVERNOR BUSBEE: All right.

6

MR. HILL: Now, in (b) before we leave that, in (b),

7 Subparagraph (b), this was an authorization to let the General

8 Assembly establish other forms of governmental reorganization

9 if you so choose.

10

This is a prospective provision to try to allow you

11 "z~ at some future point to adopt a law, this would be by local lit 2...
@ - I12 lit or general law, but perhaps this should be by general law only in (b).

! 14

GOVERNOR BUSBEE: Representative Pinkston.

~

15 ~

REPRESENTATIVE PINKSTON: Mr. Chairman, may I ask

:I
;,

16 ~ Mel a question?

a~z
17

In the original draft there was a provision in

18 there about or for the merger of services or for the

19 redistribution of powers between a county and a municipality.

20 Is that service situation out of there now?

21

11R. HILL: It wasn't included because of the

22 confusion it created since cities and counties have the right

23 to merge services by contract without a referendum now.

24 It's part of the Amendment 19 provisions, so it's omitted

~ just for clarity.

PAGE 37

REPRESENTATIVE PINKSTON: Under this proposed 2 chanse you could still consolidate tax offices and --

3

MR. HILL: Yes.

4

REPRESENTATIVE PINKSTON: -- police powers, this

5 type of thing?

6

MR. HARRIS: By contract.

7

REPRESENTATIVE PINKSTON: By contract.

8

GOVERNOR BUSBEE: All right. Senator Brown.

9

SENATOR BROvill: Under the proposed change where a

10 city and a county are voting on a consolidation of the two of them into one government, we need that languae in there that

we have to have concurrent referendums at that time also.

GOVERNOR BUSBEE: That was not included in what Mr.

Coleman was talking about.

This is where a city is going to annex another city.

Where you have a desire for the county to have one government

within a county it's not applicable.

18

SENATOR BROWN: Are we going to leave it like it is

19 at the present time where it would be left up to local

20 legislation on how the referendum is going to be called?

21

At the present time the City of Athens and Clarke

22 County are drawing up a charter commission to consolidate the

23 two, and in our legislation we had concurrent referendums so 24 that it has to be passed in each of them separately before it 2S takes effect.

PAGE 38

I think that this should be addressed at this time

2 because that is a factor that applies to Fulton County. What

3 if Fulton County wanted to get the whole thing into one

4 county government, they could outvote East Point or any other

5 facet of it, and I just don't think that's right. I think

6 they ought to have concurrent resolutions any time two

7 government entities are going to consolidate into one

8 government, whether it be a county or whether it be two

9 cities.

10

GOVERNOR BUSBEE: Senator, if you want to make that

11

"z
j:

in

the

form

of

a

motion

I

think

this

would be

the

appropriate

Ill:
2

g ; jIII time.

SENATOR BROWN: I would like to make it in the form

~

1 4~:z':
15 0:1

of

a

motion. SENATOR

LESTER:

I second it.

:Il

~
16 ~

GOVERNOR BUSBEE: The motion is made and seconded

III
IzII
17 g that the staff be directed to draft this type language as we

18 did with the municipalities.

19

SENATOR BROl~: That's correct.

20

GOVERNOR BUSBEE: All right. Is there objection?

21 Is there discuss ion?

22

fa If not, is there objection? Hearing none, staff

23 directed.

24

Is someone keeping up with this, Mel?

25

MR. HILL: Yes.

PAGE 39

GOVERNOR BUSBEE: All right. Next item, Mel.

2 Let's go.

3

MR. HILL: All right. We are at Number 13 on the

4 sheet, and there is a conference committee report which is

5 not distributed that we have up here for Number 13.

6

GOVERNOR BUSBEE: All right. Distribute the

7 conference committee report. Let's move on o It's twenty

8 minutes to eleven.

9

A VOICE: Let's take a break.

10

GOVERNOR BUSBEE: Representative Snow.

REPRESENTATIVE SNOW: Mr. Chairman, I move that we

reconsider our action on what we did on sovereign immunity a

few moments ago.

A VOICE: We voted for ito

REPRESENTATIVE SNOW: I know, but we never did meet

as a -- I don't know what happened as far as the conference

committee.

18

I would move the language -- simply what we have

19 done, we have eliminated from the constitution any mention of

20 sovereign immunity as far as the state is concerned. The

21 Article VI committee left this out.

22

MR. HILL: That's in Article VI o That will come

23 up again. This is a separate provision relating only to

24 cities and counties. It will come up again o

25

REPRESENTATIVE SNOW: Okay. I'll wait and move it

PAGE 40

for Article VI then.

2

GOVERNOR BUSBEE: Thank you.

3

SENATOR BARNES: We ought to do away with it for

4 the state.

5

GOVERNOR BUSBEE: No, we can't give the state to the

6 lawyers, not now.

7

REPRESENTATIVE SNOW: That's what we've done.

8

A VOICE: No, we haven't. Read it.

9

A VOICE: Just for counties and cities.

10

GOVERNOR BUSBEE: I don't have a copy of what you're

handing out. Does everyone else have it?

(Pause.) GOVERNOR BUSBEE: Okay. Everybody has the conference committee report on Paragraphs IV and V. I will

ask Mickey to explain it.

}1R. HENRY: In the Article IX proposals, page 56 of the draft, what we have done is we have taken what would 18 be on page 57, Paragraph IV, Subparagraph (4) which the 19 article committee proposed where they propose that local 20 governments could incur debt by obtaining temporary loans,

21 and the article committee left out the ability to issue notes, 22 warrants and other evidences of indebtedness.

23

The conference committee decided that it should be

24 just as it is right now that local governments should be

25 able to obtain temporary loans up to 75 percent of the total

PAGE 41

gross income from taxes collected in the last preceding year,

2 and that they should be able to issue notes, warrants and

3 other obligations for current expenses up to an additional 25

4 percent of the total anticipated revenue for that year.

5

In other words, the Attorney General has interpreted

6 this provision as saying that local governments can obtain

7 loans up to 75 percent, and then they can issue notes,

8 warrants or other obligations for the additional 25 percent,

9 or they can obtain no temporary loans and can issue notes,

10 warrants or other obligations up to a hundred percent.

11 ~zg So that is what the conference committee agreed to, and this

o

w~

n ~~~ I 12 ~

is It

essentially what you have in the present consitution. has the same effect as what is in the present constitution.

14 ~
$

GOVERNOR BUSBEE: Representative Jones had a

15

%
~

question.

~

~

16 ~

REPRESENTATIVE JONES: Presently a small municipality

zQ
= 17 cannot purchase a heavy piece of equipment, a fire truck if

18 you please, because of the same year debt limitation. How

19 can you cover that for necessary life-sustaining equipment

20 is what it amounts to?

21

SPEAKER MURPHY: There's a method. They can purchase

22 on a lease-purchase where it goes over a period of five years,

23 they pay so much, and at the end of five years -- they have

24 done that many, many times. That's being done allover the

25 state of Georgia.

PAGE 42

REPRESENTATIVE JONES: You can do it as a lease2 purchase, not as a loan.

3

SPEAKER MURPHY: Yes.

4

GOVERNOR BUSBEE: Any other questions?

5

All right. Senator Stumbaugh.

6

SENATOR ST~fBAUGH: Is this verbiage the same as in

7 our current constitution? The reason I ask the question, it

8 seems to me that you might get some argument that you could

9 borrow 75 percent of last year's revenue, up to that, and then

10 on top of that another hundred percent if we're not very

III

11

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careful

with

the verbiage.

llI:

2

III

@;~ happen.

GOVERNOR BUSBEE:

We sure don't want that to There's no change in that.

Is that

14 ~I right, Mr. Speaker?

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15 011

SPEAKER MURPHY: Yes.

III llI:

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16 ~

GOVERNOR BUSBEE: Any other questions?

III

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17

SPEAKER MURPHY: What that provision says, Senator,

18 is exactly what the current law is. You can borrow money on

19 temporary loans which gives you the best interest rate that

20 you can get. It has to be paid back by December 31st of that 21 year.

22

You can then borrow another 25 percent on the old

23 warrant form that we used to have for any notes the bank will

24 let you have, but the kicker of the thing is you can't

25 borrow, you can't exceed 100 percent of your anticipated

PAGE 43

revenue, and that 75 percent has got to be paid back by

2 December 31st before you can borrow 75 percent of next year's.

3 It's got them tied hand and foot.

4

GOVERNOR BUSBEE: Representative Collins.

S

REPRESENTATIVE COLLINS: Mr. Chairman, in talking to

6 the lending institutions, some of them, they interpret it

7 exactly as it reads here; they sa~d they would be afraid to

8 try to interpret it as the Senator has suggested that you

9 could borrow 175 percent. They all cut off at the hundred

10 now, so there's no way this could penalize anybody.

e ; ;"z 11 ocjr::

GOVERNOR BUSBEE: All right. Any further discussion?

"-
II'

If not, is there objection to the conference

committee report?

! 14

Hearing none, it is adopted.

I-

III

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15 olI

Next one.

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16 ~ II'

I don't want to interrupt you, but we're ready to

Q

17 gZ; proceed with the next item.

18

~~. HILL: Was that approved?

19

GOVERNOR BUSBEE: Yes.

20

(Pause. )

21

GOVERNOR BUSBEE: Let me explain what we're doing

22 right now. We have a conference committee that's unable to

23 agree, and the conferees are up here right now, so if you will

24 be at ease just for a minute.

2S

(Pause. )

PAGE 44

GOVERNOR BUSBEE: We're going to let the conferees

2 stay in, and everybody else take a break for five minutes,

3 but the conferees are not permitted to leave the room for

4 any purpose under any circumstances for any need.

5

(A brief recess.)

6

GOVERNOR BUSBEE: All right. Everybody take their

7 seat, we're going to try to get through before we go to lunch

8 at two o'clock. We could finish at one if you'll stay with

9 me.

~\

10

All right. I have to report that on the revenue

i11 5"z bonds on Article IX, Section VI, Paragraph II, that the 2
12 conference committee has been unable to come to any agreement.

~ -- ~

We do have one other thing that is contained in

14 ~Article IX, or an omission that they wanted to point out to

'-"r
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15 ~ you.
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16 ~

Mel. MR. HILL:

I wanted to point out an omission, I've

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17 gbeen asked to point this out in Article IX that was not

18 pointed out when we went through this the first time, and

19 that relates to a section of Article IX that allows local

20 acts of the General Assembly that relate to the powers of

21 county commissioners to not be subject to the uniformity

22 requirement, that allows local laws relating to the powers

23 of county commissioners to vary the terms of the general law

24 or not even be subj ect to the terms of the general law unless

25 that local law specifically states that it is subj ect to the

PAGE 45

general law.

2

Now, the article committee considered this and

3 recommended its deletion, and it is deleted from the proposed

4 draft, but it's something I felt that should be pointed out 5 to you specifically.

6

GOVERNOR BUSBEE: Okay.

7

MR. HILL: That's in the present constitution in

8 Article IX, Section I, Paragraph VI.

9

A VOICE: Do you know the page number of the present

10 constitution?

11 E"z

MR. HILL: It's not in your package because it's not

o

"-

III

@;~ in the proposed draft. It's in the present constitution at Article IX, Section I, Paragraph VI of the present

! 14 constitution.

t;

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15 olI

GOVERNOR BUSBEE:

I don't know that there's any

"a:
~
16 ~ question. III zQ

Is there any question on it? We just wanted to

17 : point it out.

18

A VOICE: Mel, what's the reference in the old

19 constitution to that?

20

MR. HARRIS: Article IX, Section I, Paragraph VI,

21 page 70.

22

}1R. HILL: Page 70.

23

(Pause. )

24

GOVERNOR BUSBEE: All right. It's been pointed out.

25 We just wanted to point that out to you.

PAGE 46

All right. In order to expedite this and try and

2 finish by lunch, what I would like to do is for you to go back

3 up -- we have some conference committee reports first on

4 succession on page 63, you asked staff to draft that about

5 the Lieutenant Governor if the Governor dies or becomes

6 disabled. The staff has redrafted that on page 63.

7

Okay. We're going on to page 63. Mel, page 63.

8

MR. HILL: Succession to executive power.

9

REPRESENTATIVE SNOW: Governor, before we get into

10 that, I would like to move we reconsider our action on

approving Paragraph X on page 2 of Article I so that the

staff may be able to work on that language. It's real

confusing language.

GOVERNOR BUSBEE: What is that about?

REPRESENTATIVE SNOW: It's about the right of trial

by jury, but you've got two subject matters in there.

GOVERNOR BUSBEE: The right of what?

18

REPRESENTATIVE SNOW: The jury tria~ in default

19 cases and waiver of jury trial. The staff needs to work on

20 the language.

21

GOVERNOR BUSBEE: Is there any objection? If not,

22 the staff will do that.

23

All right. Let's go. We're on page 63. We're going

24 to try to finish by a late lunch if we can.

25

MR. HILL: Page 63 is a redraft of the succession

PAGE 47

provisions, and --

2

GOVERNOR BUSBEE: Page 63.

3

MR. HILL: -- what this does is provide for an

4 election for Governor in the event that the Lieutenant

5 Governor succeeds to the office at the next general election.

6

Under the earlier draft, the Lieutenant Governor

7 would have succeeded to the governorship for the full

8 unexpired term. Under this proposal, the Lieutenant Governor

9 would succeed until the next general election, and then at that

10 general election he would be eligible to run for a full

11

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j:
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four-year

term.

@;I If he wasn't successful in that race, he would then be able to run for the full four-year term at the next general

! 14 election.

I-

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15 .:a

GOVERNOR BUSBEE: That was the direction you gave

"'~"

16 ~... staff. It's merely the language; I think it was unanimous .

Q

z

17 :

A VOICE: Move its adoption.

18

GOVERNOR BUSBEE: You move for adoption. Second?

19

A VOICE: Seconded.

20

REPRESENTATIVE PINKSTON: Question.

21

GOVERNOR BUSBEE: Not the question, but discussion on

22 it. Okay. Representative Pinkston.

23

REPRESENTATIVE PINKSTON: Mel, in the last line on

24 Section (b), no person shall be elected or appointed to the

25 office of Lieutenant Governor for the unexpired term in the

PAGE 48

event the Lieutenant Governor shall become Governor as herein

2 provided.

3

Does that mean that you might have three years with

4 no Lieutenant Governor?

5

MR. HILL: Yes, under this proposal.

6

GOVERNOR BUSBEE: It's two years until the next

7 general election.

8

REPRESENTATIVE PINKSTON: I don't read it --

9

MR. HILL: No Lieutenant Governor would be elected

10 for the unexpired term, so that there could be three years,

three and a half years.

REPRESENTATIVE PINKSON: In other words, if the

Governor and the Lieutenant Governor were elected and sworn

in in January, and the Governor died in February, the

Lieutenant Governor becomes Governor for the unexpired term.

MR. HILL: Yes.

REPRESENTATIVE PINKSON: Or to the next general

18 election?

19

MR. HILL: To the next general election.

20

REPRESENTATIVE PINKSTON: ~fuich is almost two years,

21 but you're liable to have three years and eleven months that

22 you will have no Lieutenant Governor.

23

MR. HILL: That's possible, but there are specific

24 provisions in the provisions on the Senate that provide for

25 the President of the Senate taking over the duties of

PAGE 49

Lieutenant Governor for the period when the Lieutenant

2 Governor succeeds to the executive powers.

3

REPRESENTATIVE PINKSTON: Taking over the full duties

4 of the Lieutenant Governor, or just the duties of presiding

5 officer of the Senate?

6

MR. HILL: Yes, that's right, the duties of presiding

7 over the Senate.

8

REPRESENTATIVE PINKSTON: This would give us the

9 hiatus of the Lieutenant Governor, the possibility of one for

10 three and a half -- I mean three years and six months or nine

11

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months

or

eleven months?

e ; i..o....

MR. HILL: Yes. REPRESENTATIVE PINKSTON:

v.le would have to LieutenantJ.

! 14 Governor.

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MR. HILL: We would have a Lieutenant Governor who

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16 ~ would be serving as Governor, but he would not be Governor.

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17 :

REPRESENTATIVE PINKSTON: He can't be both, though.

18

GOVERNOR BUSBEE: He would be -- he would act as

19 Governor, though, until the next general election.

20

REPRESENTATIVE PINKSTON: What's the rationale for

21 the Lieutenant Governor taking over and serving until the

22 next general election when you're going to elect a governor,

23 but you don't elect a Lieutenant Governor?

24

GOVERNOR BUSBEE: The Lieutenant Governor might not

25 get elected as Governor. There might be 14 people running,

PAGE 50

he might be third.

2

REPRESENTATIVE PINKSTON: I understand that, but

3 you're going to elect a governor at the next general election.

4 vfuy not elect a Lieutenant Governor?

5

GOVERNOR BUSBEE: The Lieutenant Governor would still

6 be the Lieutenant Governor. If he lost the election he would

7 still be Lieutenant Governor; he's been elected for a full

8 four-year term.

9

'{hat we have here, Representative Pinkston, is

10 exactly what you asked the staff to draft.

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11 .j.:. o "III
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REPRESENTATIVE PINKSTON: Not what I asked. MR. TIDWELL: Governor, I don't believe that's true. Once the Lieutenant Governor under this proposal

14 .~.. becomes Governor, he is no longer Lieutenant Governor, and if

~

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15 ~he lost the election for the unexpired term he would just be

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16 ~ out of office.

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17

GOVERNOR BUSBEE: I'm in error. He would be out.

18

MR. TIDWELL: The reason that sentence is in there

19 now is there is nothing in the present constitution that

20 specifically addresses what happens in the event of a vacancy

21 in the office of Lieutenant Governor, and some people think

22 maybe the Governor would appoint because there is no provision,

23 and this statement just simply says that when this happens

24 there is no Lieutenant Governor.

25

It doesn't address any other instances where you

PAGE 51

may have a vacancy, it just says when he becomes Governor

2 there will be no Lieutenant Governor.

3

GOVERNOR BUSBEE: Okay. I'm in error.

4

REPRESENTATIVE PINKSTON: I interpreted it right,

5 Charlie?

6

MR, TIDWELL: That's right.

7

GOVERNOR BUSBEE: Senator Stumbaugh.

8

SENATOR STUMBAUGH: I am bothered by that same

9 factor that we can be without a Lieutenant Governor. It seems

10 to me we ought to be able to elect a new Lieutenant Governor

11

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if

the present

one

chooses

to

run

and

thereby

give

up

his

g~r:1 office.

My question is on another subject. That is if the

14

1
E

L

i

e

u

t

e

n

a

n

t

Governor

or

someone

else

runs

for

this

unexpired

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15 0:> term of two years, three years, one year or whatever it might

~

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16 ~... be, is that counted as his time in office, or can he run

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17 g again under this provision?

18

MR. HILL: He can run again.

19

GOVERNOR BUSBEE: One four-year term. He can run for

20 it the say.

21

Representative Coleman.

22

REPRESENTATIVE COLEMAN: That provision would

23 concern me too, Governor. You may at some time in the history

24 of the state have a Lieutenant Governor who decides he likes

25 the job and wants to stay on, and if a Governor were to die

PAGE 52

in office you would put him at a severe disadvantage unless

2 at the same time we had an election for Lieutenant Governor.

3

A VOICE: He wouldn't like it that much.

4

REPRESENTATIVE COLEMAN: If he just serves three

5 months as Governor and lost his office, I don't know if he

6 wouldn't be upset too, or even one month.

7

I agree with Representative Pinkston, I think we

8 should make some provisions so that the Lieutenant Governor

9 if he was forced into that position would have the fall-back

10 of going back to his old job if he decided he did not want to

11

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run

for

Governor.

@;I This way you're just forcing him out of office altogether with no option to return.

14 ~I

GOVERNOR BUSBEE: Does anybody have a proposal?

~

15 ol We need to proceed. If somebody has a proposal, make a
"'~"

16 .~.. proposal; otherwise I have this on the floor now .

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17

A VOICE: I don't know what to do about it.

18

GOVERNOR BUSBEE: Senator Stumbaugh.

19

SENATOR STUMBAUGH: I don't know the verbiage, but

20 the sense of what I would do is to amend this so that the

21 Lieutenant Governor has the option of not running and thereby

22 going back to his old office, or if he chooses to run then

23 that office is vacated and at the same election we also

24 elect a new Lieutenant Governor so we aren't without one for

25 a period of years perhaps.

PAGE 53

GOVERNOR BUSBEE: All right. Is there a motion?

2

A VOICE: So moved.

3

GOVERNOR BUSBEE: We have a motion. Is there a

4 second? Do you second his motion, or what?

5

A VOICE: I second it.

6

GOVERNOR BUSBEE: The motion is made and seconded.

7 Discussion. Now we have something on the floor.

8

The motion is --

9

MR. HILL: This would also necessitate a change in

10 the Senate's provisions relating to the President of the Senate

becoming the Lieutenant, or serving as the Presiding Officer

of the Senate in the event of a vacancy in office, so that

also would have to be reconsidered and redrafted.

GOVERNOR BUSBEE: All right. As part of the same

motion, then, if you're making that --

A VOICE: What's the motion?

GOVERNOR BUSBEE: It has to be consistent. There's

18 a motion and there's a second.

19

Further discussion?

20

If not, is there objection to the amendment?

21

SENATOR BARNES: To Senator Stumbaugh's amendment?

22

GOVERNOR BUSBEE: Yes.

23

SENATOR BARNES: I object.

24

GOVERNOR BUSBEE: There is objection. All in favor

25 of Senator Stumbaugh's amendment rise and stand until you're

PAGE 54

counted.

2

(A show of hands.)

3

GOVERNOR BUSBEE: Reverse your position.

4

(A show of hands.)

5

GOVERNOR BUSBEE: All right. The ayes in the House

6 are six. the nays are 21; in the Senate the ayes are six.

7 the nays are 15. The amendment is lost.

8

Now. is there a motion to adopt?

9

SENATOR BARNES: Move to adopt the main motion.

10

A VOICE: Seconded.

GOVERNOR BUSBEE: All right. The motion is made and

seconded. Is there objection?

Hearing none. it is adopted.

All right. Next we're going to go to

A VOICE: That was a ramrod if I ever heard one.

MR. HILL: The next one would be filling of vacancies

on page 64.

18

GOVERNOR BUSBEE: Page 64.

19

MR. HILL: This would just change Subparagraph (b)

20 to provide for an election at the next general election for

21 in the case of the death or withdrawal of a person running

22 for or who was elected to fill the office of Secretary of

23 State. Attorney General, State School Superintendent.

24 Commissioner of Insurance. Commissioner of Agriculture and

25 Commissioner of Labor at the next general election rather

PAGE 55

than having these people serve the unexpired term.

2

A VOICE: Move the adoption.

3

GOVERNOR BUSBEE: All right. Second?

4

A VOICE: Seconded.

5

GOVERNOR BUSBEE: Is there objection? Hearing none,

6 it's adopted.

7

The next one.

8

t1R. HILL: This is a conference committee on the

9 State Board of Education.

10

GOVERNOR BUSBEE: 65 and 66.

"z
11 ~

MR. HILL: Yes.

.oG.o.

~---12 ~

GOVERNOR BUSBEE: That reduces the term to four

, years and

Explain the changes without going through it

14 ~ word for word. It's on page 65.

'"
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15 :

MR. HILL: Is there a conference committee chairman

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16 ~ that wanted to make the report? Senator Starr?

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17 :

GOVERNOR BUSBEE: Senator Starr.

18

A VOICE: He's upstairs.

19

GOVERNOR BUSBEE: Mr. Ware.

20

REPRESENTATIVE WARE: Mr. Chairman, this increases

21 the Board to 12 members, two of which would be at large and

22 one from each congressional district. Of course, that 12

23 it would be whatever the congressi@nal districts are plus two

24 at large.

25

It reduces the term to four years, and is taking out

PAGE 56

all the duties that were prescribed in the constitution and

2 just says as prescribed by law.

3

It is also taking out the qualifications and

4 compensation that were in the constitution and says that they

5 shall be provided for by law.

6

Those are the major changes in that particular

7 section.

8

GOVERNOR BUSBEE: All right. Senator Kidd.

9

SENATOR KIDD: Mr. Chairman, this means that the 12

10 members will be appointed by the Governor and will not be

11 5"z elected by the legislature, they will be appointed by the

e ; i.f.. Governor? GOVERNOR BUSBEE:

That's right.

! 14 t;

SENATOR KIDD: And no mention is being made about

.:zc:

15 01) the line item expenditure.

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16 ~...

GOVERNOR BUSBEE: There's no change. This is the

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17 = Board of Education,

18

SENATOR KIDD: We're talking about the Board of

19 Education?

20

GOVERNOR BUSBEE: Board of Education.

21

Representative Connell.

22

REPRESENTATIVE CONNELL: Mr. Chairman, Mr. Ross

23 asked me to announce to the group that he did not sign the

24 conference committee report as he wished to reserve the right

25 to have floor amendments when it gets to the floor of the

PAGE 57

House.

2

SENATOR GILLIS: I move the conference committee

3 report be adopted.

4

GOVERNOR BUSBEE: The motion is made. Is there a

5 second?

6

A VOICE: Seconded.

7

GOVERNOR BUSBEE: It's moved and seconded that the

8 conference committee report be adopted.

9

Is there objection? Hearing none, the conference

10 committee report is adopted.

11 ~"z

}fR. HILL: That was on Section II or both Sections

e ; i.~.. II and III? A VOICE: 110

14 .~..

}fR, HILL: Just II. I see .

'<:z":

15 ~

GOVERNOR BUSBEE: All right. Go to the Regents.

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16 .~.. That's on page 67 and 68 .

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17 g

}fRo HILL: No, wait. Section III was also part of

18 the conference committee report, and that was not reported on.

19 The decision of the conference committee was to leave the

20 State School Superintendent elected.

21

GOVERNOR BUSBEE: We have already agreed to this.

22 We adopted the entire conference committee report. All right.

23 That was adopted, he will remain elected.

24

Anything else now on education?

25

}fRo HILL: Board of Regents.

PAGE 58

GOVERNOR BUSBEE: Are we ready for the Regents?

2

MR. HILL: Yes.

3

GOVERNOR BUSBEE: All right. Regents is on pages 67

4 and 68, the conference committee report. Is there anybody

5 to present it?

6

MR. HILL: Tom Buck?

7

REPRESENTATIVE BUCK: Al Burruss.

8

GOVERNOR BUSBEE: Representative Burruss.

9

REPRESENTATIVE BURRUSS: Mr. Chairman, basically

10 ., what the conference committee report does is to reduce the

z

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membership

from

15

to

12,

it

cuts

the

term of

office

to

four

years, it maintains the constitutional right to a lump sum

appropriation. There's one other small change I can't recall

! 14 t; right now; I didn't know I was giving this report.

~ :z:

., 15 011

GOVERNOR BUSBEE: Creation of colleges where they

'":::I 16 ~.az.. can create, but it would be subject -- when they create a new

17 = campus or a new college, not really a college, like within

18 the university, but a new institution that it would be

19 approved by the General Assembly.

20

SENATOR BARNES: That's just on colleges.

21

REPRESENTATIVE BURRUSS: All the other laws that were

22 ratified by the 1945 constitution will be written out of the

23 constitution with this provision; it would still have them to

24 remain in the lump sum appropriation.

25

I move the adoption, Mr. Chairman.

PAGE 59

A VOICE: Seconded.

2

GOVERNOR BUSBEE: The motion is made and seconded.

3 Any objection?

4

SENATOR KIDD: I object.

5

GOVERNOR BUSBEE: Representative Galer.

6

REPRESENTATIVE GALER: Mr. Chairman, I would like to

7 speak against this committee report.

8

As you know, I have no allegiance to the Board of

9 Regents because most of you remember that when I was elected

10 I was a faculty member and they ,did dismiss me from my job.

However, I have a great allegiance to the people in

this state of Georgia, and I believe that this board that we

have with 15 members is a most important board, and 15 members

are needed on that board.

They have a great responsibility, they handle 15 percent of the state budget, they have 22,000 employees,

they create many programs for hundreds of thousands of students

18 who are the future of Georgia.

19

Our state has the best governance of any public

university system in all of the fifty states; it is a model,

21 and it is looked to by other states as a model.

22

I would prefer not to reduce the size from the 15.

23 These are hard working people, dedicated citizens who take

24 time from their money-making jobs to donate time to the state.

25

As for reducing terms, I think we would take away

PAGE 60

from the stability of that board if we turned them over every

2 four years, even though they might be reappointed after four 3 years.

4

So as an allegiance to the citizens of this state I

5 would suggest that we do not dismantle the way we handle the

6 Board of Regents at this time in our constitution,

7

GOVERNOR BUSBEE: All right. Further discussion?

8

Senator Kidd.

9

SENATOR KIDD: Mr. Chairman, I object to the report

10 due to the fact that we have removed the ability for the

11

"z
;:
.'2"..

General

Assembly

if

they

so

see

fit

to

line

item any

e);~j expenditure. For us to be able to do this with every other group with the exception of the Regents to me is delegating

14 .~.f. authority that the general public has given to the General <C( :r
15 olI Assembly, and to me is a move not in the right direction,
"'"::I
16 .~.. and that this should be put in there just in case it, sever
zQ
17 = needed and we'll certainly make a mistake not to do it.

18

GOVERNOR BUSBEE: All right.

19

Representative Reaves.

20

REPRESENTATIVE REAVES: Question, Mr, Chairman, on

21 this lump sum appropriation. Are you referring to for example 22 a lump sum appropriation going into an experiment station

23 that would be left as is?

24

GOVERNOR BUSBEE: I think what he's doing is you're

25 leaving it as it is now except on the other 1945 powers you're

PAGE 61

removing them and subjecting them to law. There is no change

2 in the budget process.

3

REPRESENTATIVE REAVES: Thank you.

4

GOVERNOR BUSBEE: All right.

5

SENATOR GILLIS: Call the question, Mr. Chairman.

6

GOVERNOR BUSBEE: Representative Burruss.

7

REPRESENTATIVE BURRUSS: Mr. Chairman, there's one

8 other change that I forgot to mention.

9

Under the present constitution in the event of a

10 vacancy due to death or resignation the Board of Regents

11

"z

j:
..oa..:..

selects

a

successor,

and under

this

plan

the

Governor would

@;i select that person. GOVERNOR BUSBEE: That's until the next session.

! 14 I:zii:

REPRESENTATIVE BURRUSS: And would then be confirmed

15 olI by the Senate.

"a:
:;)

16 .~..

GOVERNOR BUSBEE: Okay .

az

17 ~

A VOICE: Move the question.

18

GOVERNOR BUSBEE: Is there objection to ordering the

19 previous question?

20

All in favor of the conference committee report

21 reducing it as has been explained by Mr. Burruss rise and

22 stand until you're counted.

23

(A show of hands.)

24

GOVERNOR BUSBEE: Reverse your position.

25

(A show of hands.)

PAGE 62

GOVERNOR BUSBEE: The ayes in the House are 18,

2 the nays are 4; the ayes in the Senate are 13, the nays are 6.

3 The conference committee report is adopted.

4

Next we have -- vfuat's your next item?

5

MR. HILL: We have a conference committee on the term

6 for Public Service Commission.

7

REPRESENTATIVE JOHNSON: Yes, sir.

8

GOVERNOR BUSBEE: Representative Johnson.

9

REPRESENTATIVE JOHNSON: Mr. Chairman, the conference

10 committee on the term for the Public Service Commissioners

II

"z
i=

agreed

to

leave

it

at

six years.

'2"

@;IIII GOVERNOR BUSBEE: All right. So the report is that the term -- that's all you have to consider on the Public

! 14 Service Commission it was left at six years.

I;;

:I:
15 q

Does anyone move the conference committee position

"'":)
16 ~ be sustained?

III
Qz
17 a

A VOICE: So moved.

18

A VOICE: Seconded.

19

GOVERNOR BUSBEE: It's moved and seconded that the

20 term be six years. Is there discussion?

21

If not, is there objection?

22

A VOICE: Object.

23

GOVERNOR BUSBEE: There's objection.

24

All in favor rise and stand until you're counted.

25

(A show of hands.)

PAGE 63

GOVERNOR BUSBEE: Reverse your position.

2

(A show of hands.)

3

GOVERNOR BUSBEE: All right. The ayes in the House

4 are 20, the nays are five; the ayes in the Senate are 15, the

5 nays are three. It's adopted.

6

All right. The next would be -- What about the

7 State Board of Pardons and Paroles?

8

REPRESENTATIVE BRAY: Mr. Chairman, we have not yet

9 been able to get together with the Senate. Senator Ballard

10 was detained, we haven't gotten together with him yet.

I:J

%

11 ~

The consensus of the House seemed to be to leave it

e ; i..o.... as it's presently written. SENATOR BRO\iN: I move we leave it as presently,

!... 14 I:z:

A VOICE: Seconded.

15 Q

GOVERNOR BUSBEE: The motion is made and seconded.

aI::J

;:)

16 .~.. Is there any objection without the conference committee

Q

17 g% report?

18

We're trying to perfect everyting that was out, and

19 I'm sorry Senator Ballard couldn't be here, but is there any

20 objection to proceeding with the issue?

21

If not, the motion is made and seconded. Is there

22 objection?

23

Hearing none, it's adopted.

24

MR. HILL: Now, was your motion to leave the

25 committee report as is?

PAGE 64

REPRESENTATIVE BRAY: To leave it as you had it

2 as presented at our last meeting.

3

~fR. HILL: The article committee did not recommend

4 the inclusion of this provision, so I'm not sure whether you

5 have just approved not putting it in, or --

6

REPRESENTATIVE BRAY: I was speaking with respect

7 to the minimum --

8

GOVERNOR BUSBEE: The term is all we were discussing.

9

SENATOR BROWN: The motion was to leave the term.as

10 it is.

~

11 i=

GOVERNOR BUSBEE: As far as the term is concerned,

CIt:

e;i.2.. leaving it as it is was what the recommendation was. There was a motion, and I asked if there was any

! 14 ... objection to leaving the term of the Pardons and Paroles Board

'~z":

15 olI as is; there was no objection. Is that correct?

~

::l

16 ~...

Is there objection?

Qz

17 g

MR. HILL: That wasn't the conference committee's

18 job. They had approved the seven-year term before.

19

GOVERNOR BUSBEE: All we're discussing is the term

20 right now.

21

MR. HILL: No. I think what the conference committee

22 report was supposed to be was about the minimum service time

23 for commuted death sentences.

24

REPRESENTATIVE BRAY: Mr. Chairman, it did relate to

25 commuted time.

PAGE 65

GOVERNOR BUSBEE: Let me ask a question now to Mel.

2

The term is yet to be decided for the Board of

3 Pardons and Paroles?

4

MR. HILL: No. That was approved last time.

5

GOVERNOR BUSBEE: It's already approved. There was

6 no objection, it's already been approved.

7

All right. Now going back to the other provision

8 about the length of time on the sentence, that is what we

9 have under consideration.

10

MR. HILL: That's what the conference committee was

11 ";z to meet to decide.
..Io..I..I
@;i REPRESENTATIVE 'BRAY: That's correct, and as I said Senator Ballard was detained, and the sense of the House

! 14 committee was to adopt the language that we presently have I'" :I:
15 ,l) which was not to include in the constitution any reference
"III
;;;)
16 ~... to a time, and simply leave it up to the Board of Pardons and
aoz
17 Paroles and instruct them by statute by the legislature if

18 they choose to follow --

19

That's the House position.

20

GOVERNOR BUSBEE: All right. Can we dispose of this

21 now? We're trying to get through by lunch with everything

22 that's outstanding.

n

Senator Lester.

24

SENATOR LESTER: Governor, I'm sorry, I was on the

25 conference committee, and we object, tind we would like to --

PAGE 66

we would be willing whenever they want to meet, but we object

2 to it being handled thct: way.

3

GOVERNOR BUSBEE: There is objection by a member of

4 the conference committee to disposing of it before the

5 conference committee meets.

6

I will hasten to point out, though, that all of them

7 were supposed to have met before today, Senator Lester, but

8 if you couldn't because of Senator Ballard's schedule, then

9 we will postpone it, but we're really going to run into a jam

10 if we don't get through with most of these.

"z
11 aj::

All right. Is there any objection to suspending

@;I2... further action on that u~til the conferees can meet and make a recommendation?

.! 14

If not, we'll come back to that, but we will take it

15

'~z":
olI

up

at

the

next

meeting.

"a:
~

16 .~..

HR. HILL: Article IV, Section IV, the term of the

azQ
17 State Transportation Board. Mr. Raney has a report.

18

GOVERNOR BUSBEE: Representative Rainey.

19

REPRESENTATIVE RAINEY: The committee on the

20 Transportation Board recommends five years as it's written

21 now.
22 23 24

A VOICE: Move it be adopted. A VOICE: Seconded. GOVERNOR BUSBEE: All right. The motion is made and

25 seconded.

PAGE 67

All right. Now discussion. Representative Burruss.

2

REPRESENTATIVE BURRUSS: Mr. Chairman, I object.

3 We have adopted four-year terms for the Board of Regents,

4 for the Board of Education and many other boards, and I think

5 we should be consistent and maintain the four-year status

6 for the Board of Transportation.

7

GOVEro~OR BUSBEE: All right. Is that an amendment?

8

REPRESENTATIVE BURRUSS: Yes 0

9

GOVERNOR BUSBEE: Mr. Burruss moves that it be

10 amended, the conference committee report be amended for a

@;;11

"z
oi..a=..:..

four-year

term.

Was that seconded by anyone?

REPRESENTATIVE LEE: I second it.

GOVERNOR BUSBEE: Mr. Lee seconds it.

! 14

All right. The question will be on the adoption of

I-

':<z"C:

15 ~ the amendment which would be a four-year term.

"a:
;;)

16 .~..

SENATOR BARNES: How about every other term being

zQ

17 : elected by the Senate instead of the House?

18

GOVERNOR BUSBEE: You're out of order.

19

(Laughter. )

20

GOVERNOR BUSBEE: All right. Is there further

21 dis cus s ion?

22

Is there objection to the question?

23

Hearing none, all in favor of the amendment for four-

24 year terms rise and stand until you're counted.

25

(A show of hands.)

PAGE 68

GOVERNOR BUSBEE: All right. Reverse your position.

2

(A show of hands.)

3

GOVERNOR BUSBEE: All right. The ayes in the House

4 are 19, the nays are four; the ayes in the Senate are 13,

S the nays are three. The amendment is adopted, it's a four-

6 year term.

7

SPEAKER MURPHY: What is the mechanics of electing

8 them? We are electing two every two years now. Now how are

9 we going to elect them?

10

A VOICE: It's staggered all around.

"z
11 ~
.'oc"...

A VOICE: It doesn't matter.

9;1 GOVERNOR BUSBEE: Now, if you stick with us we will finish by lunch today, but we have some technical changes

! 14 that the staff wanted to bring out on Articles III and VIII.

t;

:~r

15 olI

MR. HILL: If you'll turn to page 10 in your

"~ '"

16 .~.. package, we have a number of changes that the staff is

Qz

17 : recommending, the Office of Legislative Counsel, Hamilton

18 McWhorter and a few others have gone through this legislative

19 article and have a few recommendat~ons to make, and I can go

20 through it quickly because we have a strike through and under-

21 lined between what you have already approved and the changes

22 we're recommending, so I will just go through these quickly

23 and unless there's objection I'll assume they're satisfactory.

24

GOVERNOR BUSBEE: Keep going until somebody stops

2S you.

PAGE 69

MR, HILL: All right.

2

First of all, on line 14 "not fewer than" rather

3 than "not less than." That's merely a grammatical change.

4

On page 2, line -- well, page 11, I'm sorry, page 11,

5 line 10 to change this to "unless otherwise provided by law"

6 rather than to specify in the constitution what the

7 disqualifications would be.

8

Page 4, line I'm sorry, page 13, line 14, this

9 sentence would need to be added, it is in the present

10 constitution and was inadvertently omitted: Separate periods

11 "~z of adjournment may be fixed.

..o....

@;I

Line 17 is just a clarification. Page 14, paragraph IV, there was some question

! 14 about the houses providing for their employees as well as !;; <It :I:
15 ~ their officers, and also to specifically mention interim
"a=
:;)
16 ~... committees and their authorization, and that's been added in Q
Z
17 : Paragraph IV, if you see that on lines 4 through 7.

18

All right. Page 15, line 11, to state that the

19 records of the proceedings will be preserved as provided by

20 1avl.

21

Page 16, lines 28 and 29, this was somewhat

22 confusing about how you count, and so this would state that

23 no bill or resolution -- no local bill or resolution can be

24 voted upon prior to the second day following the day'of

25 introductior; which is what the original language intended

PAGE 70

to say.

2

On page 18, line 22 where it shall be immediately

3 considered, this relates to the considering a veto. If it

4 comes over from the other house, it is changed from "may" to

5 "shall be irrnnediately considered."

6

Page 21, line 30, the gratuities provision has been

7 restated to prohibit granting any donation of gratuity or

8 forgiving any debt or obligation owing to the public, and

9 the Subsection (c) on the next page has been deleted as

10 unnecessary because it's specifically authorized in another

11 ~"z article of this constitution.

e -~o

"-

III

12 ~

Again, these are all technical changes which were

necessary for clarity.

14 .:~z..:

On page 27, line 15, this relates to a restatement

15 ~ of this Workers' Compensation Trust Fund provision which

li!

:;)

16 ~ is more closely in line with the present language, and this

zQ
17 : has the approval of the Workers' Compensation Board, so that

18 is just a technical change there as well.

19

That is Article III.

20

Also I would like to do the same for Article VIII.

21

GOVERNOR BUSBEE: Let's just take it -- is there

22 any objection?

23

REPRESENTATIVE BURRUSS: Move adoption.

24

GOVERNOR BUSBEE: It's moved by Representative

25 Burruss these technical changes be approved.

PAGE 71

A VOICE: Seconded.

2

GOVERNOR BUSBEE: There is a second. Is there

3 objection? Hearing none, the changes in Article III are

4 approved.

5

MR. HILL: On page 40 we have done the same for

6 Article VIII.

7

On page 40, line 12, it's just a restatement "shcH1

8 be free and shall be provided for by taxation."

9

Over on page 43, line 27, just a change. You needn't

10 say "by general or local law" because it is implied, and then
11 ~"z on line 32 this would allow consolidation of school systems f
@ - ~12 ~ under such terms and conditions as the General Assembly may prescribe, and then goes on to retain the requirement of a

14 t>i- referendum.

:I:

15 :

The last sentence was deleted as being inherent in

III:

;;)

16 ~ the language that went before.

zQ

17 -~

On line 15, page 44, "as may be provided by law. ,'

18

Now, line 16 and line 28 should be considered

19 together. ~fuat this would say is that changes in school

20 boards and superintendents at the local level could be done

21 by local act subject to referendum, and really Subparagraph (b)

22 is repetitious and unnecessary if you add school superin-

23 tendents into Paragraph IV.

24

This preserves the policy

25

GOVERNOR BUSBEE: Suspend just a minute. Senator

PAGE 72

Kidd.
2

SENATOR KIDD: Let me ask one question to back up

3 just a little bit.

4

On page 44, line 7, why was the sentence "No

5 independent school system shall hereafter be established"

6 put in there?

7

MR. HILL: It's in the present constitution.

8

GOVERNOR BUSBEE: It's in the existing constitution.

9

SENATOR KIDD: That still doesn't tell me why it

10 needs to be put in there.

11 "5z

SPEAKER MURPHY: The reason for it being in there,

8);1..o.... Senator Kidd, is cities have annexed as they've done in many, many places all the industrial part out in the county, the

$ 14 I cities will have a great school system, and those poor

:z:

15 011 unfortunate individuals that live out in the rural areas will

~

;;)

16 .~.. have no school system .

ezll

17 ~

SENATOR KIDD: Can you put that in writing so I can

18 tell what you're saying?

19

SPEAKER MURPHY: I'll be glad to explain it to you

20 privately.

21

SENATOR KIDD: I can't hear you.

22

GOVERNOR BUSBEE: It's in the existing constitution.

23 These are technical changes.

24

MR, HILL: All right. On page 45 at the recommenda-

25 tion of the school systems established prior to 1877 this

PAGE 73

exception was added in Subparagraph (b) to allow those systems

2 which are authorized on June 30th, 1983, to make changes in

3 composition, term of office, methods of selection without a

4 referendum to continue to do so wIthout a referendum.

5

In Subparagraph I mean on line 24 on page 45 this

6 is again just an editorial revision to clarify the original

7 intention of the committee.

8

REPRESENTATIVE }lliLLINAX: I have a question.

9

GOVERNOR BUSBEE: Representative Mullinax.

10

REPRESENTATIVE MULLINAX: On Paragraph IV you don't

11

"z
j:

address

the

question as

to whether

or not members

of

the

school

'o."..

~

~

~---. i12 '" board shall be appointed or elected. Is that covered somewhere else in the constitution? Local school boards I'm

14 ~~ speak1' ng 0 f

Ii;

:<zl:

15 .:J

MR. HILL: Well, the method of selection is as

"'"::l
16 ~ provided by law on June 30th, 1983, and that method is

az~

17

<l
:

grandfathered

in

and

then

can

only

be

changed

by

local

law

18 subject to referendum, so whatever they do on the effective

19 date of the constitution they continue to do unless you change

20 it by law.

21

REPRESENTATIVE MULLINAX: The general law then

22 provides the option of whether you want to appoint them or

23 elect them, the present general law?

24

MR. HILL: Your local system will do whatever it is.

25

REPRESENTATIVE MULLINAX: Thank y cu.

PAGE 74

SPEAKER MURPHY: The general law now provides

2 that county school boards be elected, but you can change it

3 by local law with a referendum to do it any way you want to

4 now, Rnd that's all this constitution is saying.

5

}1R, RILL: On page 46 there are merely technical

6 changes on lines 23 and 27, and on line 30 again there is no

7 need to designate general or local law because that is

8 implied.

9

GOVERNOR BUSBEE: That's all the changes?

10

MR. HILL: That's all.

"z
11 j:
oc....r..:

GOVERNOR BUSBEE: Is there a motion we app~ove these

@;I changes, technical changes? REPRESENTATIVE BUCK: So moved.

! 14 t; :z:
15 ol)
"cr:
;:)
16 ~... Q
17 :Z= Connell.

GOVERNOR BUSBEE: Representative Buck has moved. REPRESENTATIVE CONNELL: Seconded. GOVERNOR BUSBEE: It's seconded by Representative

18

Senator Kidd.

19

SENATOR KIDD: I hate to continue on this one point,

20 but do you mind asking them to read in the present constitution

21 where it says no independent school system shall hereafter be

22 established? I don't see it, and I'm looking at it right now.

23

MR. HILL: It's on page 68 of the book, and it is in

24 Paragraph VI, and it is the last sentence of that paragraph,

25

You see it? No independent school system shall

PAGE 75

hereafter be established.

2

GOVERNOR BUSBEE: The motion is made and seconded.

3 Any further discussion?

4

If not, is there objection to the adoption of these

5 changes?

6

Hearing none, they are adopted.

7

That concludes everyting, doesn't it?

8

Representative Pinkston.

9

REPRESENTATIVE PINKSTON: Mr. Chairman, I would like

10 to make a motion that we reconsider our action in adopting

11 5z~ Article IX, Section II, Paragraph II.

.o.....

@;I

GOVERNOR BUSBEE: Page what? REPRESENTATIVE PINKSTON: On page 50, line 17, for

14 .>.'. the limited purpose of adding after "libraries," Item 10,

o:zn:

15 ol) for adding --

~

Ill:

::J

16 ~...

GOVERNOR BUSBEE: Page 50, what line number?

Q

Z

17 ::;

REPRESENTATIVE PINKSTON: Line 17, Item 10 there

18 where it says libraries under the Amendment 19 powers, to

19 add the words "archives, arts and science programs and

20 facilities, " so that the counties and the cities can contract

21 to do this which I think right now is prohibited by the

22 constitution.

23

GOVERNOR BUSBEE: Give me the words now. Libraries,

24 and you would change it to a comma

25

REPRESENTATIVE PINKSTON: "Libraries, archives,

arts and science programs and facilities."

PAGE 76

2

GOVERNOR BUSBEE: All right. The motion is that we

3 reconsider on page 50, on line 17, Subparagraph 10, to change 4 where it says "libraries," to make it "Libraries, archives,

5 arts and science programs and facilities," That is the motion.

6 That will be the motion.

7

Is there objection to reconsidering for that purpose?

8

All right. Hearing none, it's reconsidered.

9

REPRESENTATIVE PINKSTON: I so move.

10

GOVERNOR BUSBEE: The motion is we make that

amendment. Is there a second?

A VOICE: Seconded.

GOVERNOR BUSBEE: The motion is made and seconded.

Discussion?

All right. Is there objection to the adoption?

Hearing none, it's adopted.

REPRESENTATIVE PINKSTON: Thank you.

18

GOVERNOR BUSBEE: All right. Anything else, Mel?

19

MR. HILL: That's all.

20

Now, the next meeting will be next Thursday and

21 Friday, the taxation --

22

GOVERNOR BUSBEE: Wait just a minute. Excuse me

23 just a minute.

24

Senator Gillis wants to be recognized.

25

SENATOR GILLIS: Mr. Chairman, in our present

PAGE 77

constitution, Article IV, Paragraph IV we provide for a Board

2 of Natural Resources.

3

We brought this up the other day, and there was

4 considerable discussion about it, and mainly I believe as to

5 whether we elect them or appoint them.

6

I believe Representative Lee had a motion that we

7 just include them in the constitution, period.

8

I would like to make a motion we reconsider our

9 action in failing to put them in the constitution, and then

10 consider Representative Lee's motion that we just --

"z
11 i=

GOVERNOR BUSBEE: The motion was that we put the name

@;i.'"o".". in the constitution, and then --? SENATOR GILLS: As provided by law.

! 14

GOVERNOR BUSBEE: As provided by law.

I-

':"r

15 .:

All right. The motion is on reconsideration. Is

"'::">
16 .~.. there a second?
oz

17 ~

A VOICE: Seconded.

18

GOVERNOR BUSBEE: The motion is made and seconded.

19

All right. Is there objection to reconsideration?

20

Hearing none, it's reconsidered.

21

The motion is that

Do you want to state your

22 motion?

23

REPRESENTATIVE LEE: There shall be a State Board of

24 Natural Resources as provided by law.

25

GOVERNOR BUSBEE: All right. There is a secondo

PAGE 78

to that by Senator Gillis.

2

All right. Discussion.

3

REPRESENTATIVE PINKSTON: Call the question.

4

GOVERNOR BUSBEE: All right. Is there objection to

5 calling the question?

6

Hearing none, is there objection?

7

SPEAKER MURPHY: I object. That's an exercise in

8 futility is what that is.

9

GOVERNOR BUSBEE: There is objection. All those in

10 favor of Representative Lee's --

Is there discussion? Representative Lee?

REPRESENTATIVE LEE: I wanted to vote. I was fixing

to vote.

SPEAKER MURPHY: That's an exercise in futility to

put something like that in the constitution, it's just

encumbering the constitution, doing exactly what we set out

not to do encumbering it with meaningless language, and that's

18 about as meaningless language as I ever heard in my life.

19

GOVERNOR BUSBEE: Representative Coleman.

20

REPRESENTATIVE COLEMAN: Mr. Chairman, I realize that

21 we're trying to -- our quest for simplicity is important, but

22 at the same time with the environmental questions and the

23 problems we're having with not only our natural resources but

24 our environment, I think we do need some safeguards, and the

25 fact that we include a board in there would do that.

PAGE 79

SPEAKER MURPHY: How would it safeguard it when you

2 don't provide nothing but there will be a board and you can

3 change it every year if you want to?

4

REPRESENTATIVE COLEMAN: Mr. Lee's going to handle

5 that.

6

GOVERNOR BUSBEE: All right. Any further discussion?

7

All right. All those in favor of Mr. Lee's motion

8 rise and stand until you're counted.

9

(A show of hands.)

10

GOVERNOR BUSBEE: Reverse your position,

~

Z

11 ioa..=..:..

(A show of hands.)

@;I GOVERNOR BUSBEE: All right. In the House the ayes are ten, the nays are 11; in the Senate the ayes are 17,

! 14 the nays are zero. The amendment is --

Ii;

0(

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15 olI

A VOICE: Conference committee.

:a~::

16 ~...

GOVERNOR BUSBEE: Is a conference committee

Q

Z

0(

17 : appropriate?

18

A VOICE: It was reconsidered.

19

GOVERNOR BUSBEE: So it would be on substance.

20

SENATOR GILLIS: Would it help the Speaker any if we

21 included

22

SPEAKER MURPHY: I wasn't listening.

23

GOVERNOR BUSBEE: Mr. Speaker, Senator Gillis said

24 for you to hush and pay attention.

25

SENATOR GILLIS: Mr. Speaker, would it be better

PAGE 80

if we named the term, if we said there was a l2-member board

2 with four-year terms? Would that suit you if we did that?

3

SPEAKER MUP~HY: As you know, Senator Gillis, I was

4 in favor of putting the Board of Natural Resources back in

5 there with their terms and things for the simple reason I

6 don't want the Governor or somebody to ever get mad at the

7 board on one specific issue and abolish the board and put

8 somebody in there to do something that may be wrong.

9

If we put it in the constitution it gives continuity

10 and helps us take care of our natural resources, and I think

11

"z
j:
..o~.....

we're

making

a

mistake

to

take

it

out myself.

@;i

A VOICE: Leave it like it is. GOVERNOR BUSBEE: All right.

~ 14!

SPEAKER MURPHY: The way Mr. Lee recommended that

t-

I:zI:I

15 olI there shall be a Board of Natural Resources means absolutely

"~
;:)

16 .~.. nothing. You can provide one by law this year, and the next

Czl

17 a year come back and abolish it and set up another one, and

18 you have no continuity at all.

19

GOVERNOR BUSBEE: Just a minute. Senator Gillis,

20 the staff said they have language if you want it as it is now,

21 if that's what you're talking about.

22

Is that what you're saying?

23

MR. HILL: This was approved for inclusion in the

24 draft of 1980, so we do have language on the Board of Natural

25 Resources to put it into the constitution as it is there now

PAGE 81

with the proper editorial changes in it.

2

You don't have it in your package, but we do have

3 that.

4

SENATOR GILLIS: Mr. Chairman, could I make a

5 substitute motion then that it be put back in the constitution

6 with a four-year term and a l2-member board just like we did

7 for education.

8

GOVERNOR BUSBEE: As they have drafted it now?

9

SENATOR GILLIS: Yes.

10 ~ z
11 ~ o~
~ ~
@;~

GOVERNOR BUSBEE: As drafted in the change. All right. The motion is made. Is there a second? A VOICE: Seconded. GOVERNOR BUSBEE: The motion is made and seconded.

14 ~ Discussion?

~

~

%

15 ~
~

REPRESENTATIVE BURRUSS: Mr. Chairman, under the

~

~

16 ~~ motion the present constitution --

z

~

17 :

Well, let me start over. The changes in Regents and

18 Board of Education provided for one from each congressional

19 district and two at large; in the Board of Natural Resources

20 we have provision for a coastal county member. That needs to

21 be addressed whether the coastal county member would be one

22 of the members at large or not.

23

I move that we have a Board of Natural Resources, or

24 amend the motion, one from each congressional district, two

25 at large, one of which shall come from the counties of

PAGE 82

Chatham, Bryan and whatever the are.

2

SENATOR GILLIS: I accept it.

3

SPEAKER t1URPHY: May I make a comment on what Mr.

4 Burruss has said?

5

I think you've given the most eloquent argument you

6 could give for the Natural Resources to be in the constitution

7 because I have seen times when we've got mad at the folks on

8 the coast about little licenses and things of that nature,

9 and the General Assembly would come along and repeal that board

10 and take it out, and the coast wouldn't be guaranteed their

representative if we did that, becuase some little incident,

and the next year they would come back and do it, and that's

the reason it ought to be in the constitution.

SENATOR GILLIS: I accept that.

GOVERNOR BUSBEE: What Senator Gillis' motion is,

and correct me -- and Mr. Burruss, he's accepted your

amendment as part of the original motion he makes, so what

18 we're voting on it will be one from each congressional

19 district, there will be two at large, at least one of which

20 shall be from those coastal counties which are now in the

21 constitution.

22

That is the motion, with a four-year term.

23

REPRESENTATIVE BURRUSS: That's right.

24

GOVERNOR BUSBEE: The motion is made and seconded.

25

Representative Colwell.

PAGE 83

REPRESENTATIVE COLWELL: How about the mountains? 2 We need to take care of the mountains while we're taking care

3 of the coast.

4

A VOICE: What about the metro areas?

5

GOVERNOR BUSBEE: That was not included in the

6 motion.

7

All right. Is there further discussion?

8

All thoselin favor of the motion rise and stand

9 until you're counted.

10

(A show of hands.)

GOVERNOR BUSBEE: Reverse your position.

(A show of hands.)

GOVERNOR BUSBEE: Come on, Mro Lee, reverse your

position.

REPRESENTATIVE LEE: I made the point, we got the

board back in. That's all I was trying to do.

GOVERNOR BUSBEE: All right. The ayes in the House

18 are 24, the nays are two; the ayes in the Senate are 16, the

19 nays are zero. The motion is adopted.

20

Representative Connell ..

21

REPRESENTATIVE CONNELL: Mr. Chairman, earlier we

22 gave staff a recommendation to write on the consolidation of

23 cities and counties. I would like them to be cognizant that

24 a small community can block the entire consolidation of the

25 city and county on that double vote, so I would ask they give

PAGE 84

that consideration in their recommendation on it.

2

GOVERNOR BUSBEE: As I understand it -- we're about

3 ready to adjourn, but the staff works hard on some of these

4 and we need to give them specific instructions.

5

You've got two different instructions. One is one

6 municipality can't incorporate another unless you have a dual

7 referendum and both agree.

8

Now, you also instructed them, though, that every

9 municipality within a county -- if you go like to Columbus or

10 Muskogee, that every municipality would have a separate

referendum and anyone could block it. That was the instruc-

tion that you gave.

Now, you're asking something else, and if you want

an alternative let's hear what it is.

REPRESENTATIVE CONNELL: I wanted them to take into

cons.ideration -- in our county we have a town of nearly 50, 000

and a small community of 1500 that's incorporated, and a county

18 of 181,000, and if you had to have a doulble majority that

19 means that a town of 1500 people could block the entire

20 consolidation.

21

GOVERNOR BUSBEE: That's not the same, Representative

22 Connell, as what was proposed.

23

If you want to propose that, then ~ou have to get

24 some--

25

MR. HILL: How about we bring back alternatives?

PAGE 85

REPRESENTATIVE CONNELL: I ask they take that into

2 considerati@n.

3

GOVERNOR BUSBEE: You're asking for that alternative

4 to come back.

5

Is there objection that the staff come back with that

6 alternative in addition? If not, you're so directed.

7

All right. Is there anything else?

8

MR. HILL: All right. I wanted to mention the next

9 two meetings will be next Thursday and Friday, Thursday will

10 be taxation, and that meeting begins at ten; Friday will be

CzI

11

j:
.oAm..-

the

judicial article,

and

that will begin at nine.

Q~ ;I The taxation article is at 2 in that notebook you've

got, and the judicial article is at Tab 1.

14'
~:z:

GOVERNOR BUSBEE: Any further business?

15 o!l

If not, we stand adjourned.

CmI

::I

16 .~..

(Whereupon, at 12:05 p.m. the committee meeting was

D

Z

17 : adjourned. )

18

+++

19

20

21 22

23 24

25

INDEX
Committee Meetings Held on Constitutional Revision Legislative Overview Committee Meeting Held on July 28, 1981

LEGISLATIVE OVERVIEW COMMITTEE MEETING, 7-28-81
: Proceedings. p. 3
ARTICLE I: BILL OF RIGHTS SECTION I: RIGHTS OF PERSONS ,Paragraph XI: Right to trial by jury; number of jurors; selection and
compensation of jurors. p. 46
ARTICLE III: LEGISLATIVE BRANCH SECTION II: COMPOSITION OF GENERAL ASSEMBLY Paragraphs I: Senate and House of Representatives, and
IV: Disqualifications. p.69
SECTION IV: ORGANIZATION AND PROCEDURE OF THE GENERAL ASSEMBLY Paragraph I: Meeting, time limit, and adjournment. p. 69 Paragraph IV: Rules of procedure; employees; interim committees.
p. 69 Paragraph VI: Salaries. pp. 5-6, 11-21 Paragraph XI: Open meetings. pp. 4-11
SECTION V: ENACTMENT OF LAWS Paragraph I: Journals and laws. p. 69 Paragraph VIII: Procedure for considering local legislation. p. 69 ,Paragraph XIII: Approval, veto, and override of veto of bills and
resolutions. p.70
SECTION VI: EXERCISE OF POWERS Paragraph VI: Gratuities. p. 70

Legislative Overview Committee 7-28-81 Page 2

SECTION X: RETIREMENT SYSTEMS. p. 70

ARTICLE IV: CONSTITUTIONAL BOARDS AND COMMISSIONS Section I: Public Service Commission. pp. 62-63 Section II: State Board of Pardons and Paroles. pp. 63-66 Section IV: State Transportation Board. pp. 66-68 Section VI: Board of Natural Resources. pp. 76-83

ARTICLE V: EXECUTIVE BRANCH SECTION I: ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR Paragraph V: Succession to executive power. pp. 46-54

SECTION II: DUTIES AND POWERS OF GOVERNOR Paragraph VIII: Filling vacancies. pp. 54-55

ARTICLE VIII: EDUCATION
SECTION I: PUBLIC EDUCATION
Paragraph I: Public education; free public education prior to college or postsecondary level; support by taxation. p. 71

SECTIONS II: and III:

STATE BOARD OF EDUCATION, STATE SCHOOL SUPERINTENDENT.

pp. 55-57

SECTION IV: BOARD OF REGENTS. pp. 57-62

SECTION V: LOCAL SCHOOL SYSTEMS

Paragraph I:

School systems continued; consolidation of school systems authorized; new independent school systems prohibited. pp. 71, 72, 74-75

Legislative Overview Committee 7-28-81 Page 3

Paragraphs II: Boards of education, and III: School superintendents. p. 71
Paragraph IV: Changes in school boards and superintendent. pp. 72-74

ARTICLE IX: COUNTIES AND MUNICIPAL CORPORATIONS SECTION I: COUNTIES Paragraph III: County officers; election; term; compensation.

pp. 21-23

SECTION II: HOME RULE FOR COUNTIES AND MUNICIPALITIES Paragraphs I: Home rule for counties,
and II: Home rule for municipalities. pp. 23-35 Paragraph III: Supplementary powers. pp. 26-27, 75-76 Paragraph IX: Immunity of counties, municipalities, and school districts.
pp. 27-29, 39-40

SECTION III: INTERGOVERNMENTAL RELATIONS Paragraph II: Local government reorganization. pp. 30-38, 83-85

SECTION V: LIMITATION ON LOCAL DEBT Paragraph V: Temporary loans authorized.

pp. 40-43

SECTION VI: REVENUE BONDS Paragraph II: Revenue bonds, special limitations. p. 44
Also see the Constitution i 1976
ARTICLE IX: COUNTIES AND MUNICIPAL CORPORATIONS SECTION I: COUNTIES Paragraph VI: County government uniforms; exceptions (deleted).
pp. 44-45

MATERIALS CONSIDERED AT MEETING OF LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION
AND SELECT COMMITTEE ON CONSTITUTIONAL REVISION HELD ON JULY 28, 1981

LEGISLATIVE OVERVIEW COMMITTEE
July 28, 1981
TABLE OF CONTENTS
Article I, Bill of Rights
Article II, Voting and Elections
Article III, Legislative Branch
Article IV, Constitutional Boards and Commissions
Article V, Executive Branch
Article VIII, Education
Article ix, Counties and Municipal Corporations
Article X, Retirement Systems and Educational Scholarships
For Futher Consideration:
1. Article IV, Section I, Public Service Conmission Conference Committee on term.
2. Article IV, Section II, State Board of Pardons and Paroles - Conference Committee on minimum service time for conmuted death sentences.
3. Article IV, Section IV, State Transportation Board Conference Committee on term.
4. Article V, Section I, Paragraph V, Succession to executive power - staff proposal
S. Article V, Section II, Paragraph VIII, Filling vacancies - staff proposal
6. Article VIII, Section II, State Board of Education and Article VIII, Section III, State School Superintendent in Conference Committee
7. Article VIII, Section IV, Board of Regents - in Conference Committee.
8. Article IX, Section I, Paragraph III (b), relating to compensation of county officers - in Conference Committee
9. Article IX, Section II, Paragraph I, General Assembly authorized to delegate its power - positions of county and municipal associations unclear.
10. Article IX, Section II, Parag~aph II, Supplementary powers ("Amendment 19") - in Study Committee.
11. Article IX, Section II, Paragraph VIII, Sovereign inmunity of counties, municipalities, and other political subdivisions - in Study Committee. (Staff memo)
12. Article IX, Section III, Paragraph II, Local, government reorganization - staff proposal.
13. Article IX, Section V, Paragraph IV, Exceptions to debt limitations - in Conference Committee.
14. Article IX, Section VI, Paragraph II, Revenue bonds; special limitations - in Conference Committee.

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1 2

LEGISLATIVE OVERVIEW COMMITTEE

9

June 17-18, 1981

10

3

CONSTITUTION

12

4

OF THE

13

5

STATE OF GEORGIA

14

6

PREAMBLE

16

7

To perpetuate the principles of free government, 20

8 insure justice to all, preserve peace, promote the interest 21

9 and happiness of the citizen and of the family, and transmit 22

10 to posterity the enjoyment of liberty, we the people of 23

11 Georgia, relying upon the protection and guidance of

12 Almighty God, do ordain and establish this Constitution.

24

13

ARTICLE I.

27

14

BILL OF RIGHTS

28

15

SECTION I.

29

16

RIGHTS OF PERSONS

30

17

Paragraph I. kif~~__li~~r1l~ __ 2nQ__QrQQ~r1l. No 33

18 person shall be deprived of life, liberty, or property 34

19 except by due process of law.

20

Paragraph II. Er~~gQm_Qf_Qn~i~n~. Each person 36

21 has the natural and inalienaole right to worship God, each 37

22 according to the dictates of that person's own conscience; 38

23 and no human authority should, in any case, control or 39

24

interfere with such right of conscience.

25

Paragraph III. __ __ __Q[ ~~ligiQY~ QQiniQn~i fr~~QQm 41

26

r~ligiQn. No inhabitant of this state shall be molested in 42

27 person or property or be prohibited from holding any public 43

28 office or trust on account of religious opinions; but the 44

29 right of freedom of religion shall not be so construed as to

30 excuse acts of licentiousness or justify practices 45

31

inconsistent with the peace and safety of the state.

46

- 1-

1

Paragraph IV.

EL~~QQill_Qf_~Q~~b_2QQ_Qf_tb~_QL~~~ 48

2

9Y2L~Qt@~~. No la~ shall be passed to curtail or restrain 49

3 the freedom of speech or of the press. Every person may 50

4 speak, write, and publish sentiments on all subjects but 51

5 shall be responsible for the abuse of that liberty.

6

Paragraph V. kiQ~l. In all civil or criminal 53

1 actions for 1 ibel, the truth may be given in evidence; and, 54

8 if it shall appear to the trier of fact that the matter 55

9 charged as libelous is true, the party shall be discharged. 56

10

Paragraph VI.

~it!I~U!~__ ~LQt@t!QU__ 2f.

All

58

11 citizens of the United States, resident in this state, are 59

12 hereby declared citizens of this state; and it shall be the 60

13 duty of the General Assembly to enact such laws as will 61

14 protect them in the full enjoyment of the rights,

15 privileges, and immunities due to such citizenship.

62

16

Paragraph VII. ~Lm~~_Li9Qt_tQ_~~@Q_2UQ_Q~2L. The 64

11 right of the people to keep and bear arms shall not be 65

18 infringed, but the General Assembly shall have power to 66

19 prescribe the manner in which arms may be borne.

20

Paragraph VIII. 8igQt __tQ_2!!@mQl~_2uQ_Q~titiQu.

68

21 The people have the right to assemble peaceably for their 69

22 common good and to apply by petition or remonstrance to 10

23 those vested with the powers of government for redress of

24 grievances.

25

Paragraph IX. ill__Qf__2tt~iQg@Ll_~_Q2!t_f~tQ 12

26

12~!1_2nQ_L~tLQsti~@_ls~!. No bill of attainder, ex post 13

21 facto law, retroactive law, or laws impairing the obligation 14

28 of contract or making irrevocable grant of special 15

29 privileges or immunities shall be passed.

30

Paragraph X. Bi9bt_tQ_tL!sl__QX __ jYLXi__QYIDQ@L__Qf 11

31

lYLQL~i__~~l~tiQn__sQQ__ QmQ~Q!~tiQQ __ Qf __ jYLQL!. la) The 78

32 right to trial by jury shall remain inviolate, except that 19

33

the court shall render judgment without the verdict of a 80

34 jury in all civil cases where no issuable defense is filed

35 unless the right to trial by jury is waived in Nriting by 81

36 all parties.

- 2-

.-

1

(b) A trial jury shall consist of 12 persons; but 83

2 the General Assembly may prescribe any number, not less than 84

3 five, to constitute a trial jury in courts of limited 85

4

jurisdiction.

5

(C) The General Assembly shall provide by law for 87

6 the selection and compensation of persons to serve as grand 88

7 jurors and trial jurors. Grand jurors shall be competent to 89

8 serve as trial jurors.

9

Paragraph XI. __ __ __ 8igb~ ~Q ~b~ Q~~~~. No person 91

10 shall be deprived of the right to prosecute or defend, 92

11 either in person or by an attorney, that person's own cause 93

12 in any of the courts of this state.

13

Paragraph XII. ~~2~b~~1_~~i!~~~~1_2n~_~2~~2nI~. 95

14 The right of the people to be secure in their persons, 96

15 houses, papers, and effects against unreasonable searches 97

16 and seizures shall not be violated; and no warrant shall 98

17 issue except upon probable cause supported by oath or

18 affirmation particularly describing the place or places to 99

19 be searched and the persons or things to be seized.

100

20

Paragraph XIII. __ ~~n~fi~ Qf_sQ~n~~!1_2~~~2IiQnl

102

21

li~LQL~gn~H~~LQ!!!Q~!~Q~LQ~QS~HLI~i~L~:t_l~n.

Eve r y 103

22 person charged with an offense against the laws of this 104

23 state shall have the privilege and benefit of counsel; shall 105

24 be furnisned with a copy of the accusation and, on demand,

25 with a list of the witnesses on whose testimony such charge 106

26 is founded; shall have compulsory process to obtain the 107

27 testimony of that person's own witnesses; shall be 108

28 confronted with the witnesses testifying against such

29 person; and shall have a pUblic and speedy trial by an 109

30 impart i al jury.

31

Paragraph XIV. tl2~~~~_Q~Q~~. The writ of habeas 111

32 corpus shall not be suspended unless, in case of rebellion 112

33 or invasion, the pUblic safety may require it.

34

Paragraph XV. ~~lf:in~i!!!in2~iQa. No person shall 114

35 be compelled to give testimony tending in any manner to be 115

36 self-incriminating.

- 3-

1

Paragraph XVI.

117

2

2QY~~__Qf__Qti~Qa~t~ Excessive bail shall not be required, 118

3 nor excessive fines imposed, nor cruel and unusual 119

4 punishments inflicted; nor shall any person be abused in

5 being arrested, while under arrest, or in prison.

120

6

Paragraph XVII. 4~QQgr2X_Qf_lif~_Q!__ liQ~t!x __ mQ!~ 122

7

__ tQ2~ Q~~~_fQ!QiQQ~~. No person shall be put in jeopardy of 123

8 life or liberty more than once for the same offense except 124

9 when a new trial has been granted after conviction or in 125

10 case of mistrial.

11

Paragraph XVIII.

Treason aqainst the 127

12 State of Georgia shall consist of insurrection against the 128

13 state, adhering to the state's enemies, or giving them aid 129

14 and comfort. No person shall be convicted of treason except 130

15 on the testimony of two witnesses to the same overt act or

16 confession in open court.

131

17

Paragraph XIX.

No 133

18 conviction shall work corruption of blood or forfeiture of 134

19 estate.

20

Paragraph XX.

136

21

__ Q~Qi~hm~Qt t2r_rim~. Neither banishment beyond the limits 137

22 of the state nor whipping shall be allowed as a punishment 138

23 for crime.

24

Paragraph XXI. !Q~Q1YQt2tx_~~rYi1YQ~. There shall 140

25 be no involuntary servitude within the State of Georgia 141

26 except as a punishment for crime after legal conviction 142

27 thereof or for contempt of court.

28

Paragraph XXII.

There 144

29 shall be no imprisonment for debt.

30

Paragraph XXIII. '2i1i. No person shall be 146

31 compelled to pay costs in any criminal case except after 147

32 conviction on final trial.

33

Paragraph XXIV. ~12tY~_2t_1h~_i1i~~~. The soc i al

149

34 status of a citizen shall never be the subject of 150

35 legislation.

- 4-

.

1

Paragraph XXV. g~~IDQ~iQQi_frQID_l~~l_gQ9_i~1~. The 152

2 General Assembl y shall protect by 1aw from 1evy and sal e by 153

3 virtue of any process under the laws of this state a portion 154

4 of the property of each person in an amount of not less than 155

5 $1,600.00 and shall have authority to define to whom any 156

6 such additional exemptions shall be allowed; to specify the

1 amount of such exemptions; to provide for the manner of 151

8 exempting such property and for the sale, alienation, and 158

9 encumbrance thereof; and to provide for the waiver of said 159

10 exemptions by the debtor.

11

Paragraph XXVI.

161

12 separate property of each spouse shall remain the separate 162

13 property of that spouse except in child support cases and 163

14 alimony as provided by law.

15

Paragraph XXVII. __ ~Q~m~r~~iQn_Qf_rigQt!-QQ~ 2~nigl

165

16

Qf__Q!Q~ri. The enumeration of rights herein contained as a 166

11 part of this Constitution shall not be construed to deny to 161

18 the people any inherent rights which they may have hitherto 168

19 enjoyed.

20

SECTION II.

111

21

ORIGIN AND STRUCTURE OF GOVERNMENT

112

22

__ Paragraph I. QrigiQ_gn2_fQYn2g~iQn_Qf gQ~~rnm~n!.

115

23 All government, of right, originates with the people, is 116

24 founded upon their will only, and is instituted solely for 111

25 the good of the whole. Public officers are the trustees and 118

26 servants of the people and are at all times amenable to

21 them.

28

Paragraph II. QQj~~!_Qf_gQ~~rnID~n~. The people of 180

29 this state have the inherent right of regulating their 181

30 internal government. Government is instituted for the 182

31 protection, security, and benefit of the people; and at all 183

32 times they have the right to alter or reform the same

33 whenever the public good may require it.

184

- 5-

1

Paragraph III. e[Q~~~lQQ_~Q~~Q~~Y_Qf__ gQ~~rQm~Q~.

186

2 Protection to person and property is the paramount duty of 187

3 government and shall be impartial and complete.

188

4

Paragraph IV. ~~Qsr2~12Q_Qf_l~91~12~1~~~_j~Qii~1~ 190

5

2nQ__ ~~~~~1~~ __Q2~~r~. The legislative, judicial, and 191

6

executive powers shall forever remainsepa~ate and distinct; 192

7 and no person discharging the duties o'f one shall at the

8 same time exercise the functions of either of the others 193

9 except as herein provided.

10

Paragraph V. ~Qn~~mQi~. The power of the courts 195

11 to punish for contempt shall be limited by legislative acts. 196

12

Paragraph VI. ~Q2~_2~_~QIQ. Legislative acts in 198

13 violation of this Constitution or the Constitution of the 199

14 United States are void, and the judiciary shall so declare 200

15 them.

16

Paragraph VII. ~~Q~r12rl~__Qf __1~11 __2Y~b2ri~Y. 202

17 The civil authority shall be superior to the military.

203

18

Paragraph VIII. __ ~~Q2r2ilQn Qf_bY[Q_2QQ_~i2~~.

205

19 No money shall ever be taken from the publ ic treasury. 206

20 directly or indirectly, in aid of any church, sect, cult, or 207

Zl rel igious denomination or of any sectarian institution.

22

Paragraph IX. ~Q~~~ri~~. All lotteries. and the 209

23 sale of lottery tickets, are hereby prohibited; and this 210

24 prohibition shall be enforced by penal laws, except that the 211

25 General Assembly may by law provide that the operation of a 212

26 nonprofit bingo game shall not be a lottery and shall be 213

27 legal in this state. The General Assembly may by law define

28 a nonprofit bingo game and provide for the regulation of 214

29 nonprofit bingo games.

30

SECTION III.

217

31

GENERAL PROVISIONS

218

32

Paragraph I. __ gmiQ~ni QQm21n. (al Except as 221

33 otherwise provided in this Paragraph, private property shall 222

34

not be taken or damaged for public purposes wit~out just and 223

35 adequate compensation being first paid.

1

(b) When private property is taken or damaged by 225

2 the state or the counties or municipalities of the state for 226

3 public road or street purposes. or for public transportation 227

4 purposes. or for any other public purposes as determined by 228

5 the General Assembly. just and adequate compensation

6

therefor need not be paid until the same has been finally 230

7 fixed and determined as provided by law; but such just and 231

8 adequate compensation shall then be paid in preference to

9 all other obligations except bonded indebtedness.

232

10

lc) The General Assembly may by law require the 234

11 condemnor to make prepayment against adequate compensation 235

12 as a condition precedent to the exercise of the right of 236

13 eminent domain and provide for the disbursement of the same

14 to the end that the rights and equities of the property 237

15 owner. lien holders. and the state and its subdivisions may 238

16 be protected.

17

(d) The General Assembly may provide by law for 240

18 the payment by the condemnor of reasonable expenses. 241

19

including attorney's fees. incurred by the condemnee in 242

20 determining just and adequate compensation.

21

(e) ~otwithstanding any other provision of the 244

22 Constitution. the General Assembly may provide by law for 245

23 relocation assistance and payments to persons displaced 246

24 through the exercise of the power of eminent domain or

25 because of publ ic projects or programs; and the powers of 247

26 taxation may be exercised and public funds expended in 248

27 furtherance thereof.

28

Paragraph II. fLi~~!~_~g~~. In case of necessity. 250

29 private ways may be granted upon just and adequate 251

30 compensation being first paid by the appl icant.

31

Paragraph III. __ IiQ~~g!~L !i!1~~_2Qfir~~Q. The 253

32 Act of the General Assembly approved December 16. 1902. 254

33 which extends the title of ownership of lands abutting on 255

34 tidal water to low water mark. is hereby ratified and

35 confirmed.

- 7-

1

LEGISLATIVE OVERVIEW COMMITTEE

8

2

June 17-18. 1981

9

3

AR TICLE II.

11

4

VOTING AND ELECTIONS

12

5

SECTION I.

13

6

METHOD OF VOTINGi RIGHT TO REGISTER AND VOTE

14

7

Paragraph I. ~!In22-of~2Iing. Elections by the 18

8 people shall be by secret ballot and shall be conducted in 19

9 accordance with procedures provided by law.

10

Paragraph II. BigbI-I2_!!91~I!!_gn9-_~2I!. Every 21

11 person who is a citizen of the United States and a resident 22

12 of Georgia as defined by law. who is at least 18 years of 23

13 age and not disenfranchised by this article. and who meets 24

14 minimum residency requirements as provided by law shall be

15 entitled to register and. being registered in the manner 25

16 provided by law. to vote at any election by the people.

26

17

Paragraph III. ~!~!QIl2D!_I2_rign~-12-r!gl~~!!-2nd 28

18

~2I!. No person may register. remain registered. or vote 29

19 who has been convicted of a felony involving moral 30

20 turpitude. except upon completion of the sentence. or who 31

21 has been judicially determined to be mentally incompetent.

22 unless the disability has been removed.

32

23

SECTION II.

35

24

GENERAL PROVISIONS

36

25

Paragraph I. ~!2~!QYr!!-t2_~!_~!2~ig!Q_QY_lg~. A 39

26 method of appeal from the decision to allow or refuse to 40

27 allow any person to register or vote and provision for 41

28 returns of all elections by the people to be made to the 42

29 Secretary of State shall be provided by law.

30

Paragraph II. BYn=2!! !!!~ti2n.

A run-off 44

31 election shall be a continuation of the general election and 45

32 only persons who were entitled to vote in the general 46

- 1-

1

election ~hall be entitled to vote therein; and only those 46

2 votes cast for the persons designated for the runoff shall 47

3

be counted in the tabulation and canvass of the votes cast. 48

4

Paragraph III. e!r!Qn!__nQ~__!119i21!__~2__ho12 50

5

2ffi~!. No person who is not a registered voter or who has 51

6

been convicted of a felony involving moral turpitude, unless 52

7 that person's civil rights have been restored, or who is the 53

8

holder of public funds illegally shall be eligible to hold

9 any office or appointment of honor or trust in this state. 54

10 Additional conditions of eligibility to hold office for 55

11

persons elected on a write-in vote and for persons holding 56

12

offices- or appointments of honor or trust other than elect~d 57

13 offices created by this Constitution may be provided by law.

14

Paragraph IV. Rek!!l-2f_gY21ls_2ffifi!l!_DQlding 59

15

!1!~~i~!_2ffi~!. The General Assembly is hereby authorized 60

16

to provide by general law for the recall of public officials 61

17 who hold elective office. The procedures, grounds, and all 62

18 other matters relative to such recall shall be provided for 6~

19

in such law.

64

1

LEGISLATIVE OVERVIEW COMMITTEE

8

2

Jul Y 14-15. 1981

9

3

ARTICLE III.

11

4

LEGISLATIVE BRANCH

12

5

SECTION I.

13

6

LEGISLATIVE POWER

14

7

Paragraph I. eQ~~L__Y~!!~2 __iQ __~~Q~L21 __ ~!!~mQIY.

18

8 The legislative power of the state shall be vested in a 19

9 General Assembly which shall consist of a Senate and a House 20

10 of Representatives.

11

SEcn ON I I.

23

12

COMPOSITION OF GENERAL ASSEMBLY

24

13

Paragraph I. __ ~~Q2!~_2Qg_tl2Y!~_Qf B~QL~i~Q!2!iY~~.

27

14

(al The Senate shall consist of not ~e~~ f~~~[ than 56 28

15 Senators. each of whom shall be elected from single-member 29

16 districts.

17

(bl The House of Representatives shall consist of 31

18 not fewer than 180 Representatives apportioned among 32

19 representative districts of the state.

20

Paragraph II. ~QQQL!i2Qm~Q!_Qf_~~Q~L21_~!~~mQIY. 34

21 The General Assembly shall apportion the Senate and House 35

22 districts. Such districts shall be composed of contiguous 36

23 territory. The apportionment of the Senate and of the House 37

24 of Representatives shall be changed by the General Assembly

25 as necessary after each United States decennial census.

38

26

Paragraph III.

__ 9Y2!ifi2!iQQ~ Qf __ ~~mQ~[~ __ Qf 40

27

~~Q~[21_~~i~m~lY. (al At the time of their election. the 41

28 members of the Senate shall be citizens of the United 42

29 States. shall be at least 25 years of age. shall have been

30 citizens of this state for at least two years. and shall 43

31 have been legal residents of the territory embraced within 44

32 the district from which elected for at least one year.

45

- 1-

1

(bl At the time of their election, the members of 47

2 the House of Representatives shall be citizens of the United 48

3 States, shall be at least 21 years of age, shall have been 49

4 citizens of this state for at least two years, and shall 50

5 have been legal residents of the territory embraced within

6 the district from which elected for at least one year.

51

7

Paragraph IV. Qi~gY21ifi2iiQU~. (al No person 53

8 on active duty with any branch of the armed forces of the 54

9

United States shall have a seat in either house YQlg~~ 55

10

Q!b![~i~~_Q[Q~i2!Q_Ql_12~. f~+-d+~~e~+~+eet+e~-~a~~--~et 56

11

e~~~y-te-~e~e~-e~-tem~e~e~y-eet+~e-d~ty-w+t~-a~y-b~a~e~-e~ 57

12

t~e--e~med-fe~ee-e~-t~e-~~+ted-Stete-e~-te-~e~e~-e~.+~~ 58

13

t~-t~e-Nat+e"a+-6~e~d-e~-Ree~.e-A~med-Fe~ee~

14

(bl No person holding any civil appointment or 60

15

office having any emolum~nt annexed thereto under the United 61

16 States, this state, or any other state shall have a seat in 62

17 either house.

18

(cl No Senator or Representative shall be elected 64

19 by the General Assembly or appointed by the Governor to any 65

20 office or appointment having any emolument annexed theretoy 66

21 during the time for which such person shall have been

22 electedy unless the Senator or Representative shall first 67

23 resign the seat to which elected; provided, however, that, 68

24 during the term for which elected, no Senator or 69

25 Representative shall be appointed to any civil office which

26 has been created during such term.

70

27

Paragraph V.

__ Qf __ gl~~iiQU-2QQ_i~[m

m~mQ~[~.

(a) 72

28 The members of the General Assembly shall be elected by the 73

29 qualified electors of their respective districts for a term 74

30 of two years and shall serve until the time fixed for the 75

31 convening of the next General Assembly.

32

(b) The members of the General Assembly in office 77

33 on June 30, 1983, shall serve out the remainder of the terms 78

34 to which elected.

- ., -

1

(c) The first election for members of the General 80

2 Assembly under this Constitution shall take place on Tuesday 81

3 after the first Monday in November, 1984, and subsequent 82

4 elections biennially on that day until the day of election

5 is changed by law.

83

6

SECTION III.

86

7

OFFICERS OF THE GENERAL ASSEMBLY

87

8

Paragraph I. __ ~r~~i~~UI_~n~_fr~~ig~U1 fr2 __ I~~QQr~ 90

9

Qf__1U~ __~~U~1~. (a) The presiding officer of the Senate 91

10 shall be styled the President of the Senate.

11

(b) A President Pro Tempore shall be elected by 93

12 the Senate from among its members. The President Pro 94

13 Tempore shall act as President in case of the temporary 95

14 disability of the President. In case of the death,

15 resignation, or permanent disability of the President or in 96

16 the event of the succession of the President to the 97

17 executive power, the President Pro Tempore shall become 98

18 President and shall receive the same compensation and

19 allowances as the Speaker of the House of Representatives. 99

20 The General Assembly shall provide by law for the method of 100

21 determining disability as provided in this Paragraph.

22

Paragraph II. __ ~Q~~~~r~Qq_~Q~~~~r_~r2 I~mQ2r~ __2f 102

23

1U~_~QY~~_2f_~~Qr~~~U1~1i~~~. (a) The presiding officer of 103

24 the House of Representatives shall be styled the Speaker of 104

25 the House of Representatives and shall be elected by the 105

26 House of Representatives from among its members.

27

(b) A Speaker Pro Tempore shall be elected by the 107

28 House of Representatives from among its members. The 108

29 Speaker ?ro Tempore shall become Speaker in case of the 109

30 death, resiqnation, or permanent disability of the Speaker

31 and shall serve until a Speaker is elected. Such election 110

32 shall be held as provided in the rules of the House. The 111

33 General Assembly shall provide by law for the method of 112

34 determining disability as provided in this Paragraph.

- 3-

1

Paragraph III. __ Q!b~r_Qffl~~r!_Qf_!b~ !~Q __ bQ~!~!.

114

2 The other officers of the two houses shall be a Secretary of 115

3 the Senate and a Clerk of the House of Representatives.

116

4

SECTION IV.

119

5

ORGANIZATION AND PROCEDURE OF THE GENERAL ASSE~BLY

120

6

Paragraph I. ~~~!lQgL_!im~_llmi!L_~QQ_~QjQYrnm~Q!. 123

7 (a) The General Assembly shall be a continuous body during 124

8 the term for which the members thereof are elected. The 125

9 General Assembly shall meet in regular session on the second 126

10 Monday in January of each year and may continue in session

11 for a period of no longer than 40 days in the aggregate each 127

12 year. By concurrent resolution, the General Assembly may 128

13 adjourn any regular session to such later date as it may fix 129

14

for reconvening. __ __ ~~Q2r2!~ Q~riQQ! gf_2QjQYrQm~Q!_m2~_Q~

130

15

fi~~Q_Q~_Qn~_Qr_mQr~_!Y~b_QQ~Yrr~n!_r~!QIY!lQn!~

16

lb) Neither house shall adjourn for more than 132

17

three days or te--e",-et"er-~+eee m~~!_ln_2nl_Q12~~_Q!b~r 133

18

!b2n_!b~_i!2!~_~2Ql!Qlwithout the consent of the other. In 134

19 the event either house, after the thirtieth day of any 135

20 session, adopts a resolution to adjourn for a specified 136

21 period of time and such resolution and any amendments

22 thereto are not adopted by both houses by the end of the 137

23 legislative day on which adjournment was called for in such 138

24 resolution, the Governor may adjourn both houses for a 139

25 period of time not to exceed ten days.

26

lc) If an impeachment trial is pending at the end 141

27 of any session, the House shall adjourn and the Senate shall 142

28 remain in session until such trial is completed.

143

29

Paragraph II. Q~!b_Qf_m~mQ~r!. Each Senator and 145

30 Representative, before taking the seat to which elected, 146

31 shall take the oath or affirmation prescribed by law.

147

32

Paragraph III. Qygrym. A majority of the members 149

33 to which each house is entitled shall constitute a quorum to 150

1 transact business. A smaller number may adjourn fr~m day to 151

2 day and compel the presence of its absent members.

3

Paragra~h IV.

R~~e~--ef---~~eeed~~e B~l~i

Qf

153

4

__ ~~QgQYrgi gm~lQx~~~i_i~~g~im_Qmml!ig2~.

Each house shall

154

5

determine its rules of procedure 2~Q__m2X __QrQ~igg __fQr __ i!~ 155

6

gmQIQxg~~ !~t2(im_Qmmi1t~gi_mg~_2~_r~g!29_Q~_Qr_QYriY2Dt

156

7

tQ_~b2_g~~bQ(1~X_Qf_~b2_~~~~(gl_~ii2m21~_Qr_Qf_2itb2r_bQYi2~

8

Paragraph V. Y2gai2i. When a vacancy ~ccurs in 158

9 the General Assembly, it shall be filled as provided by this 159

10 Constitution and by law. The seat of a member of either 160

11 house shall be vacant upon the removal of such member's 161

12 legal residence from the district from which elected.

13

Paragraph VI. __ ~QmQg~!21iQD gD9 __gIIQ~2~g!.

The 163

14 members of the General Assembly shall receive such 164

15 compensation and allowances as shall be provided for by law.

16

Paragraph VII. E!2iiQD__ 20Q__r2iYr~~i-_Qi~QrQ~(1~ 166

17 QOQyt. Each house shall be the jUdge of the election, 167

18 returns, and qualifications of its members and shall have 168

19 power to punish them for disorderly behavior or misconduct

20 by censure, fine, imprisonment, or expulsion; but no member 169

21 shall be expelled except by a vote of two-thirds of the 170

22 members of the house to which such member belongs.

171

23

Paragraph VIII. __ __ ~Qnt2m~ii~ bQ~ QY~iiQ2Q.

Each 173

24 house may punish by imprisonment, not extending beyond the 174

25 session, any person not a member who shall be guilty of a 175

26 contempt by any disorderly behavior in its presence or who 176

27 shall rescue or attempt to rescue any person arrested by

28 order of either house.

29

Paragraph IX. eri~1129g_Qf_mgm2gr~. The members 178

30 of both houses shall be free from arrest during sessions of 179

31 the General Assembly, or committee meetings thereof, and in 180

32 going thereto or returning therefrom, except for treason, 181

33 felony, or breach of the peace. No member shall be 1 iable

34 to answer in any other place for anything spoken in either 182

35 house or in any committee meeting of either house.

183

- 5-

1

Paragraph x.

El~~liQn~ __ Q~ __~iSb~r __bQY~~.

All

185

2 elections by either house of the General Assembly shall be 186

3 by recorded vote, and the vote shall appear on the 187

4 respective journal of each house.

5

SECTION V.

190

6

ENACTMENT OF LAWS

191

7

__ Paragraph I. de~~~e+~-e~d-Ae~~ ~Q~rn21~_2QQ 12~~.

194

8 Each house shall keep and publish after its adjournment a 196

9 journal of its proceedings. The original journals shall be 197

10 the sole, official records of the proceedings of each house

11

and shall be preserved ~~-t~e-e~~~ee--ef--t~e--5ee~ete~y--e~ 198

12

__ __ __ 5~e~e 2~ QrQ~ig~Q Q~ !2~.

The General Assembly shall

200

13 provide for the publication of the laws passed at each

14 session.

15

Paragraph II. __ il!~ fQr_r~~~nY~. All bills for 202

16 raising revenue, or appropriating money, shall originate in 203

17 the House of Representatives.

18

Paragraph III. QQ~_~~Ql~~1_m2!!~r_~~Qr~~~~Q. No 205

19 bill shall pass which refers to more than one subject matter 206

20 or contains matter different from what is expressed in the 207

21

title thereof.

22

Paragraph IV. a!2!Y!~i_2nQ_~~~!iQQ~_Qf_~QQ~~_QQ~ 209

23

2m~nQ~g. No law or section of the Code shall be amended or 210

24 repealed by mere reference to its title or to the number of 211

25 the section of the Code; but the amending or repeal ing Act 212

26 shall distinctly describe the law to be amended or repealed

27 as well as the alteration to be made.

213

28

Paragraph V. ~21Qri!~_Qf_m~mQ~r~_!Q_Q2~i_~i!!'

No

215

29 bill shall become law unless it shall receive a majority of 216

30 the votes of all the members to which each house is 217

31 entitled, and such vote shall so appear on the journal of 218

32 each house.

1

Paragraph VI.

__ __ __ ~h~Q !Qll=~gll ~2i~ i2~~Q.

In

220

2 either house, when ordered by the presiding officer or at 221

3 the desire of one-fifth of the members present or a lesser 222

4 number if so provided by the rules of either house, a

5 roll-call vote on any question shall be taken and shall be 223

6 entered on the journal. The yeas and nays in each house 224

7 shall be recorded and entered on the journal upon the 225

8

passage or rejection of any bill or resolution appr~priating

9 money and whenever the Constitution requires a vote of 226

10 two-thirds of either or both houses for the passage of a 227

11 bill or resolution.

12

Paragraph VII. __ ~~~Qing Qf __g~n~!sl __Qill~. The 229

13 title of every general bill and of every resolution intended 230

14 to have the effect of general law or to amend this 231

15 Constitution or to propose a new Constitution shall be read 232

16 three ti~es and on three separate days in each house before

17 such bill or resolution shall be voted upon; and the third 233

18 reading of such bill and resolution shall be in their 234

19 entirety when ordered by the presiding officer or by a 235

20 majority of the members voting on such question in either

21 house.

22

Paragraph VIII. __ e!Q~~QY[~ f2! __~Q~~lQ~[lQ9 __ 12~sl 237

23

l~giil~iiQ~. The General Assembly may provide by law for 238

24 the procedure for considering local legislation. The title 239

25 of every local bill and every resolution intended to have 240

26 the effect of local law shall be read at least once before

27 such bill or resolution shall be voted upon; and no such 241

28

bill or resolution shall be voted upon prior to the t~~~e 242

29

~~~Q~Q day following ~t~ !h~_Qs~_Qf introduction.

243

30

Paragraph IX. ~2~~r!1~m~n!_2f_n2!i~~_!Q_in!!Q2~~~ 245

31

__ !Q~sl 1~gi~12iiQn. The General Assembly shall provide by 246

32 law for the advertisement of notice of intention to 247

33 introduce local bills.

- 7-

1

Paragraph X. ~~~ __ iign~Q. All Acts shall be 249

2 signed by the President of the Senate and the Speaker of the 250

3

House of ~epresentatives.

4

Paragraph XI. ~lgn2tY~_Qf_~Q~~(nQr. No provision 252

5 in this Constitution for a two-thirds' vote of both houses 253

6 of the General Assembly shall be construed to waive the 254

7 necessity for the signature of the Governor as in any other

8 case, except in the case of the two-thirds' vote required to 255

9 override the veto or to submit proposed constitutional 256

10 amendments or a proposal for a new Constitution.

257

11

Paragraph XII. __ 8~l~!~Q Qilli. No bill or 259

12 resolution intended to have the effect of law which shall 260

13 have been rejected by either house shall again be proposed 261

14 duri~g the same regular or special session under the same or 262

15 any other title without the consent of two-thirds of the 263

16 house by which the same was rejected.

17

Paragraph XIII.

__ 2ng __ ~QQ(Q~sl~_~~~Q~

Q~~((ig~

__Qf

265

18

~~~Q __Qf__ Qilli__sQg__ r~iQlY!iQQ~.

(a) All bills and all 266

19 resolutions which have been passed by the General Assembly 267

20 intended to have the effect of law shall become law if the

21 Governor approves or fails to veto the same within six days 268

22 from the date any such bill or resolution is transmitted to 269

23 the Governor unless the General Assembly adjourns sine die 270

24 or adjourns for more than 40 days prior to the expiration of 271

25 said six days. In the case of such adjournment sine die or 272

26 of such adjournment for more than 40 days, the sa~e shall

27

become law if approved or not vetoed by the Govern~r within 273

28 40 days from the date of any such adjournment.

274

29

(b) During sessions of the General Assembly or 276

30

a during any period of adjournment of session of the General 277

31 Assembly, no bill or resolution shall be transmitted to the 278

32 Governor after passage except upon request of the Governor 33 or upon order of two-thirds of the membership of each house. 279

34 A local bill which is required by the Constitution to have a 280

_" -

1 referendum election conducted before it shall become 281

2 effective shall be transmitted immediately to the Governor 282

3 when ordered by the presiding officer of the house wherein

4 the bill shall have originated or upon order of two-thirds 283

5 of the membership of such house.

6

(c) The Governor shall have the duty to transmit 285

7 any vetoed bill or resolution, together with the reasons for 286

8 such veto, to the presiding officer of the house wherein it 287

9 originated within three days from the date of veto if the 288

10 General Assembly is in session on the date of transmission.

11 If the General Assembly adjourns sine die or adjourns for 289

12 more than 40 days, the Governor shall transmit any vetoed 290

13 bill or resolution, together with the reasons for such veto, 291

14 to the presiding officer of the house wherein it originated

15 within 40 days of the date of such adjournment.

292

16

(d) During sessions of the General Assembly, any 294

17 vetoed bill or resolution may upon receipt be immediately 295

18' considered by the house wherein it originated for the 296

19 purpose of overriding the veto. If two-thirds of the

20 members to which such house is entitled vote to override the 297

21 veto of the Governor, the same shall be immediately 298

22

transmittad to the other house where it meT ~b~ll be 299

23 immediately considered. Upon the vote to override the veto

24 by two-thirds of the members to which such other house is 300

25 entitled, such bill or resolution shall become law. All 301

26 bills and resolutions vetoed during the last three days of 302

27 the session and not considered for the purpose of overriding

28 the veto and all bills and resolutions vetoed after the 303

29 General Assembly has adjourned sine die may be considered 304

30 within the first ten days of the next regular session of the 305

31 General Assembly for the purpose of overriding the veto in 306

32 the manner herein provided. If either house shall fail to

33 overri'de the Governor's veto, neither house shall again 307 34 consider such bill or resolution for the purpose of 305

35 overriding such veto.

- 9-

1

(e) The Governor may approve any appropriation and 310

2 veto any other appropriation in the same bill, and any 311

3 appropriation vetoed shall not become law unless such veto 312

4 is overridden in the manner herein provided.

5

SECTION VI.

315

6

EXERCISE OF POWERS

316

7

Paragraph I. ~~n~r21_~2~~t~. The General Assembly 319

8 shall have the power to make all laws not inconsistent with 320

9 this Constitution, and not repugnant to the Constitution of 321

10 the United States, which it shall deem necessary and proper 322

11 for the welfare of the state.

12

Paragraph II. __ ~Q~~ifi~ Q2~gt~. (a) Without 324

13 limitation of the powers granted under Paragraph I, the 325

14 General Assembly shall have the power to provide by law for: 326

15

(1) Restrictions upon land use in order to 328

16

protect and preserve the natural resources, 329

17

environment, and vital areas of this state.

18

(2) A militia and for the trial by 331

19

courts-martial and nonjudicial punishment of its 332

20

members, the discipline of whom, when not in

21

federal service, shall be in accordance with law 333

22

and the directives of the Governor acting as 334

23

commander in chief.

24

(3) The participation by the state and 336

25

political subdivisions and instrumentalities of the 337

26

state in federal programs and the compliance with

27

laws relating thereto, including but not limited to 338

28

the powers, which may be exercised to the extent 339

29

and in the manner necessary to effect such

30

participation and compliance, to tax, t~ expend 340

31

pUblic money, to condemn property, and to zone

32

property.

---

1

(4) The continuity of state and local 342

2

governments in periods of emergency resulting from 343

3

disasters caused by enemy attack including but not

4

limited to the suspension of all constitutional 344

5

legislative rules during such emergency.

6

(5) The participation by the state with any 346

7

county, municipality, nonprofit organization, or 347

8

any combination thereof in the operation of any of

9

the facilities operated by such agencies for the 348

10

purpose of encouraging and promoting tourism in 349

11

this state.

12

(b) The General Assembly shall have the power to 351

13 implement the provisions of Article I, Section III, 352

14 Paragraph I(2.)i Article IV, Section VIII, Paragraph IIi 353

15 Article IV, Section VIII, Paragraph IIIi and Article X,

16 Section II, Paragraph XII of the Constitution of 1976 in 354

17 force and effect on June 30, 1983i and all laws heretofore 355

18 adopted thereunder and valid at the time of their enactment 356

19 shall continue in force and effect until modified or

20 repealed.

21

Paragraph III. __ __ ~Q~~!~ DQ~ !Q_Q~_2Q!igg~g. The 358

22 General Assembly shall not abridge its powers under this 359

23 Constitution. No law enacted by the General Assembly shall 360

24 be construed to limit its powers.

25

Paragraph IV. biilli!2~i2Q~_2Q_~Q~i2_!_!~gi~!2!lQQ.

362

26

(a) laws of a general nature shall have uniform operation 363

27

throughout this state and no local 2!_~Q~i2! law shall be 364

28 enacted in any case for which provision has been made by an 365

29 existing general law, except that the General Assembly ~ay

30

by general law authorize local g~vernments by local 367

31 ordinance or resolution to exercise police powers which do 368

32 not conflict with general laws.

33

(b) No population bill, as the General Assembly 370

34 shall define by general law, shall be passed. No bill using 371

- 11 -

1 classification by population as a means of determining the 372

2 applicabil ity of any bill or law to any political

3 subdivision or group of pol itical subdivisions may expressly 373

4 or impliedly amend, modify, supersede, or repeal the general 374

5 law defining a population bill.

6

(c) No special law relating to the rights or 376

7 status of private persons shall be enacted.

377

8

__ Paragraph V. ~Q~~ifi~ limi!~~iQ~.

(a) The 379

9 General Assembly shall not have the power to grant 380

10 incorporation to private persons but shall provide by 381

11 general law the manner in which private corporate powers and

12 privileges may be granted.

382

13

(b) The General Assembly shall not forgive the 384

14 forfeiture of the charter of any corporation existing on 385

15 August 13, 1945, nor shall it grant any benefit to or permit 386

16 any amendment to the charter of any corporation except upon

17 the condition that the acceptance thereof shall operate as a 387

18 novation of the charter and that such corporation shall 388

19 thereafter hold its charter subject to the provisions of 389

20 this Constitution.

21

(c) The General Assembly shall not have the power 391

22 to authorize any contract or agreement which may have the 392

23 effect of or which is intended to have the effect of 393

24 defeating or lessening competition, or encouraging a

25 monopoly, which are hereby declared to be unlawful and void. 394

26

(d) The General Assembly shall not have the power 396

27 to regulate or fix charges of public utilities owned or 397

28 operated by any county or municipality of this state, except 398

29 as authorized by this Constitution.

30

Paragraph VI.

~!21Yi~~~.

(a)

Except as 400

31 otherwise provided in this ConstitutionT!__I!l the General 401

32 Assembly shall not have the power to grant any donation or 402

33

gratuity ~~-f~.e~-efT or to forgive any debt or obligation 403

34

owing to the publ iCi_2QQ_l~1 f~emT-~~y-~~~.~~e-~e~~e~w

1

tet--~~e tQ~ General Assembly shall not grant or 405

2 authorize extra compensation to any public officer, agent, 406

3 or contractor after the service has been rendered or the 407

4 contract entered into.

5

409

6

410

7

411

9

tet 121 All laws heretofore adopted under Article 413

10 III, Section VIII, Paragraph XII of the Constitution of 1976 414

11

in force and effect on June 30, 1983, shall continue in 415

12 force and effect.

13

SECTION VII.

418

14

IMPEACHMENTS

419

15

Paragraph I.

The House of 422

16 Representatives shall have the sole power to vote 423

17 impeachment charges against any executive or judicial 424

18 officer of this state or any member of the General Assembly.

19

Paragraph II.

426

20 shall have the sole power to try impeachments. When sitting 427

21 for that purpose, the Senators shall be on oath, or 428

22 affirmation, and shall be presided over by the Chief Justice 429

23 of the Supreme Court. Should the Chief Justice be

24 disqualified, then the Presiding Justice shall preside. 430

25 Should the Presiding Justice be disqualified, then the 431

26 Senate shall select a Justice of the Supreme Court to 432

27 preside. No person shall be convicted without concurrence

28 of two-thirds of the members to which the Senate is 433

29 entitled.

30

435

31 of impeachment, jUdgments shall not extend further than 436

32 removal from office and disqualification to hold and enjoy 437

33 any office of honor, trust, or profit within this state or 438

- 13 -

1 to receive a pension therefrom, but no such judgment sha 11 438

2 relieve any party from any criminal or civil 1 i ab i 1 it y.

439

3

SECTIO~ VIII.

442

4

INSURANCE REGULATION

443

5

Paragraph I. ~~g~lg~iQD_Qf_iD~Y!~D~. Provision 446

6 shall be made by law for the regulation of insurance.

447

7

Paragraph II. !~~Y~D~__ 2f__li~~D~~~. Insurance 449

8 licenses shall be issued by the Commissioner of Insurance as 450

9 required by law.

10

SECTION IX.

453

11

APPROPRIATIONS

454

12

Paragraph I. fYQll~__ ~QQ~~L.bQ~_2!g~D. No money 457

13 shall be drawn from the treasury except by appropriation 458

14 made by law.

15

Paragraph II.

gD9 f!~Qg!giiQD~

~YQ~iiiiQD~

460

16

~a~Sm~DS~ __2f__9~D~tgl __gQQ!2Q!ig11QQi__Qil!.

(a)

The 461

17 Governor shall sub~it to the General Assembly within five 462

18 days after its convening in regular session each year a

19 budget message and a bUdget report, accompanied by a draft 463

20 of a general appropriations bill, in such form and manner as 464

21 may be prescribed by statute, which shall provide for the 465

22 appropriation of the funds necessary to operate all the

23 various departments and agencies and to meet the current 466

24 expenses of the state for the next fiscal year.

467

25

(b) The General

Assembly

shall annually 469

26 appropriate the funds necessary to operate all the various 470

27 departments and agencies and meet the current expenses of 471

28 the state for the next fiscal year. The fiscal year of the

29 state shall commence on the first day of July of each year 472

30 and terminate on the thirtieth of June following.

473

31

(C) The General Assembly shall by general law 475

32 provide for the regulation and management of the finance and 476

33 fiscal administration of the state.

1

Paragraph III. ~~Q~r21_~QQt~Qti~~iQQ!_~ill. The 418

2 general appropriations bill shall embrace nothing except 419

3 appropriations fixed by previous laws; the ordinary expenses 480

4 of the executive, legislative, and judicial departments of 481

5 the government; payment of the public debt and interest

6 thereon; and for support of the public institutions and 482

1 educational interests of the state.

All

other 483

8 appropriations shall be made by separate bills, each

9 embracing but one subject.

484

10

Paragraph IV. __ __ ~~Q~t~1 ~QQr2Qti~~iQn! ~~~.

(a)

486

11 Each general appropriations Act, now of force or hereafter 481

12 adopted with such amendments as are adopted from time to 488

13 time, shall continue in force and effect for the next fiscal

14 year after adoption and it shall then expire, except for the 489

15 mandatory appropriations required by this Constitution and 490

16 those required to meet contractual obligations authorized by 491

11 this Constitution and the continued appropriation of federal

18 grants.

19

(b) The General Assembly shall not appropriate 493

20 funds for any given fiscal year which, in aggregate, exceed 494

21 a sum equal to the amount of unappropriated surplus expected 495

22 to have accrued in the state treasury at the beqinning of 496

23 the fiscal year together with an amount not greater than the 491

24 total treasury receipts from existing revenue sources

25 anticipated to be collected in the fiscal year, less 498

26 refunds, as estimated in the bUdget report and amendments 499

21 thereto. Supplementary appropriations, if any, shall be 500

28 made in the manner provided in Paragraph VI of this section

29 of the Constitution; but in no event shall a supplementary 501

30 appropriations Act continue in force and effect beyond the 502

31 expiration of the general appropriations Act in effect when 503

32 such supplementary appropriations Act was adopted and

33 approved.

- 15 -

1

(c) All appropriated funds, except for the 505

2 mandatory appropriations required by this Constitution, 506

3 remaining unexpended and not contractually obligated at the 501

4 expiration of such general appropriations Act shall lapse.

5

(d) All federal funds received by the State of 509

6 Georgia are hereby continually appropriated in the exact 510

1 amounts and for the purposes authorized and directed by the 511

8 federal government in making the grant.

9

(e) The state, state institutions, and departments 513

10 and agencies of the state are hereby prohibited from 514

11 entering into any contract with any public agency or public 515

12 corporation or authority pursuant to the provisions of 516

13 Article IX, Section III, Paragraph I(a), which such contract

14 constitutes security for bonds or other obligations issued 511

15 by any such public agency or public corporation or 518

16 authority; and the appropriation or expenditure of any funds 519

11 for the payment of obligations under any such contract is

18 likewise prohibited at any time when the aggregate annual 520

19 payments under all such contracts, including the contract or 521

20 contracts proposed to be entered into, exceed 15 percent of 522

21 the total revenue receipts less refunds of the state 523

22 treasury in the fiscal year immediately preceding the making

23 and entering into of any such contract; provided, however, 524

24 this provision shall not affect contracts validly entered 525

25 into prior to the effective date of the amendment to Article 526

26 VII, Section IX, Paragraph II of the Constitution of 1945

21 adopted November 6, 1962. The execution of any such 521

28 contract is further prohibited until the General Assembly 528

29 has specifically provided funds in an appropriations Act for 529

30 the payment of at least one year's rental under such

31 contract.

32

Paragraph V.

Qtb~r

Qr

~~QQ1~ID~~t~r~

531

33

~eer2Qri~ti2~~.

In addition to the appropriations made by 532

34 the general appropriations Act and amendments thereto, the 533

- 16 -

1 General Assembly may make additional appropriations by Acts. 533

2 which shall be known as supplementary appropriation Acts, 534

3 provided no such supplementary appropriation shall be 535

4 available unless there is an unappropriated surplus in the 536

5 state treasury or the revenue necessary to pay such

6 appropriation shall have been provided by a tax laid for 531

1 such purpose and collected into the general fund of the 538

8 state treasury. Neither house shall pass a supplementary 539

9 appropriation bill until the general appropriations Act

10

shall have been finally adopt~d by both houses and approved 540

11 by the Governor.

12

Paragraph VI.

__ __ fQr __ !QQrQQri~~iQQi_~Q 2~

iQ~~lfi~

542

13

i~mi.

(a) Except as hereinafter provided, the 543

14 appropriation for each department, officer, bureau, board, 544

15 commission, agency, or institution for which appropriation

16 is made shall be for a specific sum of money; and no 545

11 appropriation shall allocate to any object the proceeds of 546

18 any particular tax or fund or a part or percentage thereof. 541

19

(b) An amount equal to all money derived from 549

20 motor fuel taxes received by the state in each of the 550

21

immediately preceding fiscal years, less the amount of 551

22 refunds, rebates, and collection costs authorized by law, is

23 hereby approp,iated for the fiscal year beginning July 1, of 552

24 each year following, for all activities incident to 553

25 providing and maintaining an adequate system of pUblic roads 554

26 and bridges in this state, as authorized by laws enacted by 555

21 the General Assembly of Georgia, and for grants to counties

28 by law authorizing road construction and maintenance, as 556

29 provided by law authorizing such grants. Said sum is hereby 557

30 appropriated for, and shall be available for, the aforesaid

31 purposes regardless of whether the General Assembly enacts a 558

32 general appropriations Act; and said sum need not be 559

33 specifically stated in any general appropriations Act passed 560

34 by the General Assembly in order to be available for such

- 11 -

1 purposes. However, this shall not preclude the General 561

2 Assembly from appropriating for such purposes an amount 562

3 greater than the sum specified above for such purposes. The 563

4 expenditure of such funds shall be subject to all the rules,

5 regulations, and restrictions imposed on the expenditure of 564

6 appropriations by provisions of the Constitution and laws of 565

7 this state, unless such provisions are in conflict with the 566

8 provisions of this paragraph. And provided, however, that 567

9 the proceeds of the tax hereby appropriated shall not be

10 subject to budgetary reduction. In the event of invasion of 568

11 this state by land, sea, or air or in case of a major 569

12 catastrophe so proclaimed by the Governor, said funds may be 510

13 utilized for defense or relief purposes on the executive 571

14 order of the Governor.

15

(c) A trust fund for use in the ~eTme~~ 573

16

t!imQY!!~m!Qt of ~__QQ!tiQQ __Qf __ jQ__!mQIQY!!~ workers' 514

17

compensation s+~ee+++tT--ee~ef+t$-~e~expenses resulting tQ 515

18

~Q_!melQY!! from the combination of a previous disability 516

19

with e~--em~+eTee~$ subsequent em~+eTme~t--~e+etes injury 511

20

iQ~~tt!~_iQ_!me!QYm!Qt may be provided for by law. As

21 authorized by law, revenues raised for purposes of the fund 518

22 may be paid into and disbursed from the trust without being 579

23 subject to the limitations of subparagraph (a) of this 580

24 Paragraph or of Article VII, Section III, Paragraph II.

25

Paragraph VII. __ __ ~eQ!2e!i~ti2n! ~Qi~~ ~Q~n. Any 582

26 appropriation made in conflict with any of the foregoing 583

27 provisions shall be void.

- 18 -

1

LEGISLATIVE OVERVIEW COM~ITTEE

8

2

July 14-15, 1981

9

3

ARTICLE IV.

11

4

CONSTITUTIONAL BOARDS AND COMMISSIONS

12

5

SECTION I.

13

6

PUBLIC SERVICE COMMISSION

14

7

Paragraph I.

(For 18

8 further study) (a) There shall be a Publ ic Service 19

9 Commission for the regulation of utilities which shall 20

10 consist of five members who shall be elected by the people.

11 The Commissioners in office on June 30, 1983, shall serve 21

12 until December 31 after the general election at which the 23

13 successor of each member is elected. Thereafter, all

14 succeeding terms of members shall be for six years. Members 24

15 shall serve unti 1 their successors are elected and 25

16 qualified. A chairman shall be selected by the members of 26

17 the commission from its membership.

18

(b) The commission shall be vested with such 28

19 jurisdiction, powers, and duties as provided by law.

29

20

(c) The qualifications, compensation, filling of 31

21 vacancies, manner and time of election, and powers and 32

22 duties of members of the commission shall be as provided by 33

23 law.

24

SECTION II.

36

25

STATE BOARD OF PARDONS AND PAROLES

37

26

Paragraph I.

40

27 (For further study) (a) There shall be a State Board of 41

28 Pardons and Paroles which shall consist of five members 42

29 appointed by the Governor, SUbject to confirmation by the 43

30 Senate. The members of the board in office on June 30,

31

1983, shall serve out the remainder of their respective 44

32 terms. provided that the expiration date of the term of any 46

- 1-

1 such member shall be December 31 of the year in which the 46

2 member's term expires. As each term of office expires, the 41

3 Governor shall appoint a successor as herein provided. All 48

4 such terms of members shall be for seven years. A chairman 49

5 shall be selected by the members of the board from its

6 membership.

1

(b) The board shall be vested with the powers of 51

8 executive clemency, including the powers to grant reprieves, 52

9 pardons, and paroles; to commute penalties; to remove 53

10 disabilities imposed by law; and to remit any part of a 54

11 sentence for any offense against the state after conviction.

12 The chairman of the board, or any other member designated by 55

13 the board, may suspend the execution of a sentence of death 56

14 until the full board shall have an opportunity to hear the 51

15 application of the convicted person for any relief within

16 the power of the board.

58

11

(c) The qualifications, compensation, and removal 60

18 from office of the members of the board shall be as provided 61

19

by 1aWe

20

SECTION III.

64

21

STATE PERSONNEL BOARD

65

22

Paragraph 1. ~!2!i_eir~QQQil__~22rQ. (a) There 68

23 shall be a State Personnel Board which shall consist of five 69

24 members appointed by the Governor, subject to confirmation 10

25 by the Senate. The members of the board in office on June 11

26 30, 1983, shall serve out the remainder of their respective

21 terms. As each term of office expires, the Governor shall 12

28 appoint a successor as herein prOVided. All such terms of 13

29 members shall be for four years. Members shall serve until 14

30 their successors are appointed and qualified. A member of 15

31 the State Personnel Board may not be employed in any other

32 capacity in state government. A chairman shall be selected 16

33

by the me~bers of the board from its membership.

11

- 2-

(b) The board shall provide policy direction for a 79

2 State Merit System of Personnel Administration and may be 80

3 vested with such additional powers and duties as provided by 81

4 law. State personnel shall be selected on the basis of 82

5 merit as provided by law.

6

(c) The qualifications, compensation, removal from 84

7 office, and powers and duties of the members of the board 85

B shall be as provided by law.

9

Paragraph II.

87

10 who has served as a member of the armed forces of the United 88

11 States during the period of a war or armed conflict in which 89

12 any branch of the armed forces pf the United States engaged, 90

13 whether under United States command or otherwise, and was 91

14 honorably discharged therefrom, shall be given such veterans

15 preference in any civil service program established in state 92

16 government as may be provided by law.

17

SECTION IV.

95

18

STATE TRANSPORTATION BOARD

96

19

Paragraph I.

99

20 S;Q!!!!!!!!!!QQ!H:' (For further study) (a) There shall be a 100

21 State Transportation Board composed of as many members as 101

22 there are congressional districts in the state. The member

23 of the board from each congressional district shall be 102

24 elected by a majority vote of the members of the House of 103

\

25

Represe~tatives and Senate whose respective districts are 105

26 embraced or partly embraced within such congressional

27 district meeting in caucus. The members of the board in 106

28 office on June 30, 1983, shall serve out the remainder of 107

29 their respective terms. As each term of office expires, a 108

30 successor shall be elected as herein provided. All such

31 terms of members shall be for five years. Members shall 109

32 serve until their successors are elected and qualified.

110

- 3-

t

(b) The State Transportation Board shall select a 112

2 commissioner of transportation. who shall be the chief 113

3 executive officer of the Department of Transportation and 114

4 who shall have such powers and duties as provided by law.

5

(c) The qualifications. compensation. removal from 116

6 office. and powers and duties of the members of the ooard 111

1 shall be as provided by law.

8

SECTION V.

120

9

VETERANS SERVICE BOARD

121

10

Paragraph I. ~~i~L~Q!_~~L~l~_Qsrgi_Q~~i!!iQn~L. 124

11 (a) There shall be a State Department of Veterans Service 125

12 and Veterans Service Board which shall consist of seven 126

13 members appointed by the Governor. subject to confirmation

14 by the Senate. The members in office on June 30. 1983. 121

15 shall serve out the remainder of their respective terms. As 128

16 each term of office expires. the Governor shall appoint a 129

11 successor as herein provided. All such terms of members 130

18

shall be for four years. ~embers shall serve until their

19 successors are appointed and qualified.

131

20

(b) The board shall appoint a commissioner who 133

21

shall be th~ executive officer of the department. All 134

22 members of the board and the commissioner shall be veterans 135

23 of some war or armed conflict in which the united States has 136

24 engaged. The board shall have such control. duties. powers.

25 and jurisdiction of the State Department of Veterans Service 131

26 as shall be provided by law.

21

(c) The qual ifications. compensation. removal from 139

28 office. and powers and duties of the members of the board 140

29 shall be as provided by law.

- 4-

LEGISLATIVE OVERVIEW COMMITTEE

8

2

July 14-15. 1981

9

3

ARTICLE V.

11

4

EXECUTIVE BRANCH

12

5

SECTION I.

13

o

ELECTION OF GJVERNOR AND LIEUTENANT GOVERNOR

14

7

Paragraph I.

~Q~!rQQr~

i!rm- __Q[

Q[[i~i

18

8

__ Qm2!Q~~!iQQ 2QQ_211Q~~Q!~. There shall be a Governor who 19

9 shall hold office for a term of four years and until a 20

10 successor shall be chosen and qualified. The Governor

11 serving on the effective date of this Constitution and 21

12 future Governors shall not be ~ligible to succeed themselves 22

13 and shall n6t be eligible to hold the office until after the 23

14 expiration of four years from the conclusion of the term of 24

15 office. The compensation and allowances of the Governor 25

10 shall be as provided by law.

17

Paragraph II. l!iiQQ_!Qr_~Q~!!QQ!. An election 27

18 for Governor shall be held on Tuesday after the first Monday 28

19 in November of 1980. and the Governor-elect shall be 29

20 installed in office at the next session of the General

21 Assembly. An election for Governor shall take place 30

22 quadrennially thereafter on said date unless another date be 31

23 fixed by the General Assembly. Said election shall be held 32

24 at the places of holding general elections in the several 33

25 counties of this state. in the manner prescribed for the

20 election of members of tne General Assembly. and the 34

27 electors shall be the same.

28

Paragraph III. !.i!B!!!!12!!!_~Q:J!~!:!!Q!:. There shall 30

29 be a Lieutenant Governor. who shall be elected at the same 37

30 time, for the same term, and in the same manner as the 38

31 Governor. The Lieutenant Governor Shall be the President of 39

32 the Senate and shall have such executive duties as

33 prescribed oy the Governor and as may be prescribed by law 40

- 1-

1 not inconsistent with the powers of the Governor or other 41

2 provisions of this Constitution. The compensation and 42

3 allowances of the Lieutenant Governor shall be as provided

4 by law.

5

Paragraph IV.

44

6

No person shall be eligible for 45

1 election to the office of Governor or Lieutenant Governor 46

8 unless such person shall have been a ,citizen of the United

9 States 15 years and a legal resident of the state six years 47

10

immediately preceding the election and shall have attained 48

flit>

11 the age of 30 years by the date of assuming office.

12

50

13 further study) (a) In case of the temporary disability of 51

14 the Governor as determined in the manner provided in Section 52

15

IV of this article, the Lieutenant Governor shall exercise 53

16 the powers and duties of the Governor and receive the same 54

11 compensation as the Governor until such time as the 55

18 temporary disability of the Governor ends.

(b) In case of the death, resignation, or 57

20 permanent disability of the Governor or the Governor-elect, 58

21 the Lieutenant Governor or the Lieutenant Governor-elect, 59

22 upon becoming the Lieutenant Governor, shall become the 60

23 Governor for the unexpired term.

24

(c) In case of the death, resignation, or 62

25 permanent dis ab iIi t Y of both the Governor or the 63

26 Governor-elect and the Lieutenant Governor or the Lieutenant

21 Governor-elect, the Speaker of the House of Representatives 64

28 shall exercise the powers and duties of the Governor until 65

29 the removal of the disabi 1ity or the election and 66

30 qualification of a Governor at a special election, which 67

31 shall be held within 90 days from the date on which the

32 Speaker of the House of Representatives shall have assumed 68

33 the powers and duties of the Governor.

- 2-

1

Paragraph VI. Q21b_Qf_Qffi~~. The Governor and 70

2 Lieutenant Governor shall, before entering on the duties of 71

3 office, take such oath or affirmation as prescribed by law. 72

4

SECTION II.

75

5

DUTIES AND POWERS OF GOVERNOR

76

6

Paragraph

I.

5~~~Yli~~

QQ~~r!.

The chief

79

7 executive powers shall be vested in the Governor. The other 80

8 executive officers shall have such powers as may be 81

9 prescribed by this Constitution and by law, not inconsistent

10

with the powers of the ~overnor as the chief executive 82

11 officer of the state.

12

Paragraph II. ~2~_~ofQr~~m~Ol. The Governor shall 84

13 take care that the laws are faithfully executed and shall be 85

14 the conservator of the peace throughout the state.

86

15

Paragraph III. ~Qmm2aQ~r_ia_~bi~!. The Governor 88

16 shall be the commander in chief of the military forces of 89

17 th i s state.

18

Paragraph IV. __ ~~lQ QQ~~r. Except as otherwise 91

19 provided in this Constitution, before any bill or resolution 92

20 shall become I aw, the Governor shall have the right to 93

21 review such bill or resolution intended to have the effect

22 of law which ,has been passed by the General Assembly. The 94

23 Governor ~ay veto, approve, or take no action on any such 95

24 bill or resolution. In the event the Governor vetoes any 96

25 such bill or resolution, the General Assembly may, by a 97

26 two-thirds' vote, override such veto as provided in Article

27 III of this Constitution.

98

28

Paragraph V. ~ril! __Qf__ ~1~!i20. The Governor 100

29 shall issue writs of election to fill all vacancies that may 101

30 occur in the Senate and in the House of Representatives.

102

31

Paragraph VI. !afQrm21iQQ_2Q2_r~2mm~Q22112Q!_12 104

32

!b~_~~o~r21_~!!~mQl~. At the beginning of each regular 105

33 session and from time to time, the Governor may give the 106

- 3-

1 General Assembly information on the state of the state and 106

2 recommend to its consideration such measures as the Governor 107

3 may deem necessary or expedient.

108

4

Paragraph VII. ~Q~ial__~~~~i2U~__2f_tb~_~~n~[21 110

5

~~!~m21l. la) The Governor may convene the General 111

6 Assembly in special session by proclamation which may be 112

7 amended by the Governor prior to the convening of the

8 special session or amended by the Governor with the approval 113

9 of three-fifths of the members of each house after the 114

10 special session has convened; but no laws shall be enacted 115

11 at any such special session except those which relate to the 116

12 purposes stated in the proclamation or in any amendment

13 thereto.

14

(b) The Governor shall convene the General 118

15 Assembly in special session for all purposes whenever 119

16 three-fifths of the members to which each house is entitled 120

17

certify to the Governor in writing~ with a copy to the

18 Secretary of State, that in their opinion an emergency 121

19 exists in the affairs of the state. The General Assembly 122

20 may convene itself if, after receiving such certification, 123

21 the Governor fails to do so within three days. excluding

22 Sundays.

23

(c) Special sessions of the General Assembly shall 125

24 be limited to a period of 40 days unless extended by 126

25 three-fifths' vote of each house and approved by the 127

26 Governor or unless at the expiration of such period an

27 impeachment trial of some officer of state government is 128

28 pending, in which event the House shall adjourn and the 129

29 Senate shall remain in session until such trial is

30 completed.

31

Paragraph VIII. Eilling_~22Ui~!. (For further 131

32 study)(al When any pUbl ic office shall become vacant by 132

33 death, resignation. or otherwise. the Governor shall 133

34 promptly fill such vacancy unless otherwise prOVided by this 134

- 4-

Constitution or by law; and persons so appointed shall serve 134

2 for the unexpired term unless otherwise provided by this 135

3 Constitution or by law.

4

(b) In case of the death or withdrawal of a person 137

5 who received a majority of votes cast in an election for the 138

6 office of Lieutenant Governor, Secretary of State, Attorney 139

7 General, Commissioner of Agriculture, or Commissioner of 140

8 Labor, the Governor elected at the same election, upon

9 becoming Governor, shall have the power to fill such office 141

10 by appointing, subject to the confirmation of the Senate, an 142

11 individual to serve for the unexpired term of office.

12

Paragraph IX. __ ~QQQID!m~Qt1 QX-_~2~~rQ2r.

The 144

13

Governor shall make such appointments as are auth~rized by 145

14 this Constitution or by law. If a person whose confirmation 146

15 is required by the Senate is once rejected by the Senate, 147

16 that person shall not be renominated by the Governor for

17 appointment to the same office until the expiration of a 148

18 period of one year from the date of such rejection.

149

19

Paragraph X. !Of2rm9ti2Q frQm __Qffl!r1__9Q2 151

20

~~QlQl!!~. The Governor may require information in writing 152

21 from constitutional officers and all other officers and 153

22

e~ployees of the executive branch on any sUbject relating to 154

23 the duties of their respective offices or employment.

24

SECTION III.

157

25

OTHER ELECTED EXECUTIVE OFFICERS

158

26

Paragraph I.

Q!h~r

~~!~~!i~!

Qffl!r1~

hQ~

161

27

~1!!!2. The Secretary of State, Attorney General, State 162

28 School Superintendent, Commissioner of Insurance, 163

29 Commissioner of Agriculture, Commissioner of Labor, and the

30 District Attorneys shall be elected in the manner prescribed 164

31 for the election of members of the General Assembly and the 165

32 electors shall be the same. Except for District Attorneys, 166

33 such executive officers shall be elected at the same time 167

34 and hold their offices for the same term as the Governor.

- 5-

1

Paragraph II. Q~gllflg11QQ~. (a) No person 169

2 shall be eligible to the office of the Secretary of State, 170

3 Attorney General, State School Superintendent, Commissioner 171

4 of Insurance, Commissioner of Agriculture, Commissioner of

5 labor, or District Attorney unless such person shall have 172

6 been a citizen of the United States for ten years and a 173

7 legal resident of the state for four years immediately 174

8 preceding election or appointment and shall have attained 175

9 the age of 25 years by the date of assuming office. All of

10 said officers shall take such oath and give bond and 176

11 security, as prescribed by law, for the faithful discharge 171

12 of their duties.

13

(b) No person shall be Attorney General unless 179

14 such person shall have been an active-status member of the 180

15 State Bar of Georgia for seven years.

16

(c) No person shall be a District Attorney unless 182

17 such person shall have been an active-status member of the 183

18 State Bar of Georgia for three years immediately preceding 184

19 such person's election.

20

Paragraph III. ~Q~![!~_g~li~~~_~Qm2!Ui~liQU~_~Qg 186

21

g!lQ~gQ~~_Qf_QIQ!r_!!~~11~~_Qffi~!r~. Except as otherwise 187

22 provided in this Constitution, the General Assembly shall 188

23 prescribe the powers, duties, compensation, and allowances 189

24 of the above executive officers and provide assistance and

25 expenses necessary for the operation of the department of 190

26 each. The District Attorneys shall be entitled to receive 191

27 such local supplements to their compensation and allowances 192

28 as may be provided by law.

29

Paragraph IV. __ __ ~11QrQ!~ ~!Q!rgl~ g~li!~.

The 194

30 Attorney General shall act as the legal advisor of the 195

31 executive department, shall represent the state in the 196

32 Supreme Court in all capital felonies and in all civil and

33 criminal cases in any court when required by the Governor, 197

34 and shall perform such other duties as shall be required by 198

35 law.

-~ -

Paragraph V. __ __ Qi~t~it_~tt~[Q~l~L Q~m2~[L Q~tl~~L 200

2

imm~~itl. There shall be a District Attorney for each 201

3 judicial circuit, whose term shall be four years. The 202

4 successors of present and sUbsequent incumbents shall be 203

5 elected by the electors of their respective circuits at the

6 general election held immediately preceding the expiration 204

7 of their respective terms. It shall be the duty of the 205

8 District Attorney to represent the state in all criminal 206

9 cases in the superior court of such District Attorney's

10 circuit and in all cases appealed from the superior court 207

11 and the juvenile courts of that circuit to the Supreme Court 208

12 and Court of Appeals and to perform such other duties as 209

13 shall be required by law. The District Attorneys shall 210

14 enjoy such immunity from private suit as is necessary for

15 the performance of their duties.

211

16

SECTION IV.

214

17

DISABILITY OF EXECUTIVE OFFICERS

215

18

Paragraph I. __ __ ~~l~st~Q S~Q~tit~tiQQ~l ~~~s~ti~~

218

19

Qffis~rL~_DQ~_Q~flQ~g. As used in this section, the term 219

20 "elected constitutional executive officer" means the 220

21 Governor, the Lieutenant Governor, the Secretary of State,

22 the Attorney General, the State School Superintendent, the 221

23 Commissioner of Insurance, the Commissioner of Agriculture, 222

24 and the Commissioner of Labor.

25

Paragraph II.

~r2S~Q~r~

!2r Q~t~rmi~iQg 224

26

9ii~2ilitl. Upon a petition of any four of the elected 225

27 constitutional executive officers to the Supreme Court of 226

2B Georgia that another elected constitutional executive

29 officer is unable to perform the duties of office because of 227

30 a physical or mental disabil ity, the Supreme Court shall by 228

31 appropriate rule provide for a speedy and public hearing on 229

32 such matter, including notice of the nature and cause of the

33 accusation, process for obtaining witnesses, and the 230

- 7-

1 assistance of counsel. Evidence at such hearing shall 231

2

include testimony from not fewer than three qualified 232

3 physicians in private practice. one of whom must be a

4 psychiatrist.

5

Paragraph III.

Eff21 2f __Qf ~12rmin~li2n 234

6

~i~~~ilil!. If. after hearing the evidence on disabi.lity. 235

7 the Supreme Court determines that there is a disability and 236

8 that such disability is permanent. the office shall be 237

9 declared vacant and the successor to that office shall be

10 chosen as provided in this Constitution or the laws enacted 238

11

in pursuance thereof. If it is determined that the 239

12 disability is not permanent. the Supreme Court shall 240

13 determine when the disability has ended and when the officer

14 shall resume the exercise of the powers of office. During 241

15 the period of temporary disability. the powers of such 242

16 office shall be exercised as provided by law.

- B-

1

LEGISLATIVE OVERVIEW COMMITTEE

10

2

June 11-18, 1981

11

3

ARTICLE VIII.

13

4

EDUCATION

14

5

SECTION I.

15

6

PUBLIC EDUCATION

16

1

Paragraph I.

20

9
10

. ~_!~!i2n. The provision of an adequate public education
for the citizens shall be a primary obligation of the State

21 22

11 of Georgia. Public education for the citizens prior to the 23

12

college or postsecondary level shall be freey-~he-e~~e"~e-ef 24

13 w"ie" ~ng shall be provided for by taxation. The expense of 25

14 other public education shall be provided for in such manner

15 and in such amount as may be provided by law.

26

16

SECTION II.

29

11

STATE BOA~D OF EDUCATION

30

18

(For further study)

31

19

Paragraph I. ~!~!~~Q~rg~Qf_Ed~~!ion. (a) There 34

20 shall be a State Board of Education which shall consist of 35

21 one member from each congressional district in the state, 36

22 appointed by the Governor by and with the advice and consent 37

23 of the Senate. The Governor shall not be a member of said

24 board. The members in office on June 30, 1983, shall serve 38

25 out the remainder of their respective terms. As each term 39

26 of office expires, the Governor shall appoint a successor as 40

21 herein provided. All such terms of members shall be for 41

28 sever. years. Members shall serve until their successors are

29 appointed and qualified, provided that members shall be 42

30 sUbject to removal from office upon the affirmative vote of 43

31 a majority of the qual ified voters of their congressional 44

32 district voting thereon in a referendum called pursuant to

33 the method provided for the recall of pub] ic elected 45

- 1-

'.

1 officials. In the event of a vacancy on the board by death, 46

2

resignation, removal, or any reason other than expiration of 47

3

a member's term, the Governor shall fill such vacancy; and 48

4

the person so appointed shall serve until confirmed by the

5

Senate and, upon confirmation, shall serve for the unexpired 49

6

term of office. The members of the State Board of Education 50

7

shall be citizens of this state who shall have resided in 51

8 Georgia continuously for at least five years preceding their

9

appointment. No person employed in a professional capacity 52

10 by a private or publ ic education institution, or by the 53

11

State Department of Education, or by a school book 54

12

publishing concern an~ no person whose appointment would 55

13 create a conflict of interest for such person as defined by 56

14

law shall be eligible for appointment to or service on said

15

board.

16

(b) The State Board of Education shall have such 58

17

powers and duties as provided by law.

59

18

(c) The State Board of Education shall be 61

19

responsible for the development, administration, and 62

20

coordination of state vocational-technical education

21

programs.

22

(d) The State Board of Education may accept 64

23

bequests, donations, grants, and transfers of land, 65

24

buildings, and other property for the use of the state 66

25 educational system.

26

(e) Except as herein provided, the qualifications, 68

27 compensation, removal from office, and powers and duties of 69

28 the members of the board of education shall be as provided 70

29

by 1aWe

30

SECTION III.

73

31

STATE SCHOOL SUPERI~TENOENT

74

32

(For further study)

75

33

Paragraph I.

78

34

shall be a State Scnool Superintendent who shall be 79

35

appointed by the State Board of Education, by and with the 80

- 2-

--

1

advice and consent of the Senate. The State Board of 80

2

Education may presc ri be the qualifications, term of office, 81

3 causes and method of removal, duties, authority, and 82

4

compensation

and allowances of the State School

5

Superintendent, provided that no person may hold the office 83

6

of State School Superintendent for more than four 84

7 consecutive years without being reconfirmed by the Senate.

8

In case of a vacancy in such position for any reason, the 85

9

board shall appoint a new State School Superintendent who 86

10 shall serve immediately and until the Senate shall have 87

11 acted concerning such person's confirmation. No member of 88

12 the State Board of Education shall be eligible for

13

appointment as State School Superintendent during the time 89

14

for which such member shall have been appointed. Th~ State 90

15

School Superintendent in office on June 30, 1983, shall 91

16 continue in office for the remainder of the term to which

17 elected, at which time the State School Superintendent shall 92

18

be appointed as hereinabove provid~d.

93

19

SECTION IV.

96

20

BOARD OF REGENTS

97

21

(For further study)

98

22

101

23

(a) There shall be a Board of Regents of the 102

24

University System of Georgia which shall consist of one 103

25 member from each congressional district in the state and 104

26

five additional members from the state at large, appointed

27 by the Covernor, subject to confirmation by the Senate. The 105

28

Governor shall not be a member of said board. The members 106

29

in office on June 30, 1983, shall serve out the remainder of 107

30

their respective terms. As each term of office expires, the 108

31

Governor shall appoint a successor as herein provided. All

32

such terms of members shall be for seven years. Members 109

33

shall serve until their successors are app:>inted and 110

34 qual ified.

- 3-

1

(bl The board of regents shall. have the exclusive 112

2 authority to create public colleges, junior colleges, and 113

3 universities in the State of Georgia. The government, 114

4 control, and management of the University System of Georgia

5

and all of the institutions in said system shall be vested 115

6

in the Board of Regents of the University System of Georgia. 116

7

(Cl The board of regents shall have the powers and 118

8 duties as provided by law eXisting at the time of the 119

9

adoption of the Constitution of 1945, together with such 120

10 further powers and duties as may now or hereafter be

11

provided by law.

12

(d) The board of regents may accept bequests, 122

13 donations, grants, and transfers of land, bUildings, and 123

14 other property for the use of the University System of 124

15 Georgia.

16

(e) The qualifications, compensation, and removal 126

17 from office of the members of the board of regents shall be 127

18

as provided by law.

19

SECTION V.

130

20

LOCAL SCHOOL SYSTEMS

131

21

Paragraph

I.

~~2g1

~~!~!m!

~go!iOY!21 134

22

20!2liQ~~lgO_-2f-!~b2g1_i~~S!m~-2Y!bgri~Ql_o!~-lOQ!e!02!O! 135

23

!~bggl_~~!!m!_e!2nl21S!g. Authority is granted to county 136

24 and area boards of education to establish and maintain

25 public schools within their limits. Existing county and 137

26

independent school systems shall be continued, except that 138

27

the General Assembly maYT-bT-~e"ers+--or--+oes+ e~g~lQ!__ 2~ 139

28 lawT-,rsYide for the consolidation of 8"1 two or more county 140

29

school systems, independent school systems, portions 141

30 thereof, or any combination thereof into a single county or 142

31 area school system under the control and management of a 143

32

county or area board of education.--Ho ~ __ YnQ!t__!Y~b__!!rm! 144

33

~OQ_g!!!!i!igOi_~L!b!_~!n!rgL~i~!m21Lm~~_et!!s.r12!L2Y!-~

34 such consol idation shall become effective until approved by 146

35

a majority of the qualified voters voting +"--e--refere"d~m 147

- 4-

1 !!:!!!!:.!!2!l in each separate school system eet-I'lg Q!:.QQ2.i!!.Q_!SL.2!! 148

2

consolidated.

*l'ly--eo~l'l~y--o~--e~ee---~ehoo~---~y~tem---~o

3

e~tee~i~hed----~ho~+---eol'l~tit~te---e---sepore~e---po~itiee~

149

4

s~edivt-~iol'l--of--th~~--~te~e~---el'ld---the---~ehoo~---~1stem~

150

5

t-l'leerporeted-theret-I'l-~he++-stel'ld-ebo+f~hedT-el'ld-tft+e-~o-e++

151

6

sehoo~--proper~fes--el'ld--e~set~--~heret-"--she~~--vest-t-I'l-the

7

eO~l'lty-or-oreo-boerd-of-ed~ee~fol'l. No independent school

152

8 system shall hereafter be established.

9

Paragraph II. ~2~~1__2!_!!~y!ti2!l. Each school 154

10 system shall be under the management and control of a board 155

11 of education, the members of which shall be elected or 156

12 -appointed as provided by 1 aw. School board members shall 157

13 reside within the territory embraced by the school sys~em

14 and shall have such compensation and additional 158

15

qualificatiQns as may be re~~*~ed Q!:.Q~ig!!.Q by law.

159

16

Paragraph III. ~S;b22L.iYQ![in!:!Dg!!lU. tot There 161

17

shall be a school superintendent of each system.--~he-sehoo+ 162

18

s~per+l'ltel'ldel'lt ~ho shall be the executive officer of the 163

19 board of education and shall have such qualifications, 164

20 powers, and duties as provided by general law.

21

tbt--'he--method--of-the-e+ee~t-el'l-or-eppo*I'l~~e"t-ef

166

22

eeeh-seheo+~~~per*"tel'lde"t-+I'l-effee~-ol'l-d~"e-3eT-~9&3~-~he++ 167

23

eO"~*I'l~e-to-gever"--the--e+eetto"--or--eppe*l'ltmel'lt--of--eeeh 168

24

sehoe+-~~per*l'lte"del'lt-~l'lt*+-ehel'lged-thereefter-el'l+y-by-+oee+

25

+ew~---eel'ld+t*ol'led--~pe"--epproya+--by--e--mejer*ty--of--~he 169

26

q~e+if*ed_voters-vot~l'lg-il'l--e--referel'ld~m--e+eetiol'l--*I'l--the 170

27

~ystem-offeeted.

28

Paragraph IV. ehal'lges-fl'l-~ehoe+-bo~rds~!:!2D9!!.i_in 172

29

~s;!:!2Ql_Q22rQ.i_sDg_1YQ!!ri!l!!!!ls1!!l!. 1s1 The composition of 174

30 school boards, the term of office, and the methods of

31

selecting board

members

s!lg

~bQQ1

~Q!!ri!l!!!!lQ!!l!i'

175

32 including whether elections shall be partisan or 176

33 nonpartisan, shall be as provided by law applicable thereto

34 on June 30, 1983. but may be changed thereafter only by 177

35 local law. conditioned upon approval by a majority of the 178

36

qual ified voters voting +I'l--e--~efe~el'le~m !!:!~r!!2!l in the 179

37 system affected.

- 5-

.

1

121__1'bQQl-1~il!mi~bi~_~!! __~Ylb2til!g__ QQ __~YQ! 181

2

30~__!21~_1Q_m!~!_1b!_~b!ng!i_lii1!g_iQ-1Y222~9!~2b_l!1_Q~ 182

3

lQ,!1_1!~_~ilbQY1_!_!!f!!!ng~m_m~~_'Qn!inY!_iQ_gQ_1Q~

183

4

v. Paragraph

eQ~!!-2f_QQ!!g!_l2-'Qnlr!~l_~ilb_!!'b

185

5 Q1b!!. (al Any two or more boards of education may 186

6 contract with each other for the care, education, and 181

1 transportation of pupils and for such other activities as 188

8 they may be authorized by law to perform.

9

(b) The General Assembly may provide by gefte~e~-e~ 190

10 ~eee~ law for the sharing of facilities or services by and 191

11

between local boards of education under such joint 192

12

administrativ~uthorityas may be authorized.

13

Paragraph VI. ~~!!_Qf-QQ!tg!-!g_!,,!e!_Q!9~!!!iL 194

14

ggn!!ign!1_gr!n11~_~ng_lr!n!f!r1. The board of education of 195

15 each school system may accept bequests, donations, grants, 196

16 and transfers of land, buildings, and other property for the 191

11 use of such system.

18

Paragraph VII. ~e~i!l-i'bQ21i. (al The General 199

19

Assembly may provide by ge"e~e+--e~--~eee+ law for the 200

20 creation of special schools in such areas as may require 201

21

them and may provide for the partici~ation of local boards

22 of education in the establishment of such schools under such 202

23 terms. and conditions as it may provide-l-2Y1

203

24

t~t~~~e~w+~hste"d+"g---s~~see~+e"---tet--eeee~no

205

25

~ o + * ~ * e e + - s ~ e d + * s + e f t - m e y - - b e - - e ~ t h e r + ~ e d - - t e - - * f t e ~ ~b o n d e d

206

26

indebtedness o~-me1-~e~~+~-the-+er-efm!~-2!_iQ'Ytt!g-n2t 201

21

a school tax l!~!!g for the support of ~~eh ie!'L!l schools 208

28 without !b! approval ey 2f a majority of the qualified 209

29

voters voting *ft-e-~efereftd~m-he~d thereon in each of the 210

30 syltems affected. Any s~eh 12!L!1 schools shall be

31 operated in conformity with regulations of the State Board 211

32 of Education pursuant to provisions of law. The state is 212

33

he~eey authorized to expend funds for the support and 213

34

maintenance of s~eh 1e!'i!l schools in such amount and 214

35 manner as may be provided by law.

- 6-

;

1

tet 121 Nothing contained herein shall be

2 construed to affect the authority of local boards of 211

3

education or of the state to support a~d i~Jaintain special 218



4 schools created:prior to June 30, 1983.

5.

SECTION VI.

221

6

LOCAL TAXATION FOR EDUCATION

222

7

Paragraph I.

225

8 The board of education of each school system shall annually 226

9 certify to its fiscal authority or authorities a school tax 221

10 not greater than 20 mills per dollar for the support and 228

11 maintenance of education. Said fiscal authority or

12 authorities shall annually levy said tax upon the assessed 229 13 value of all ~axable property within the territory served by 230

14 said school system, provided that the levy made by an area 231

15 board of education, which levy shall not be greater than 20

16 mills per dollar, shall be in such amount and within such 232

17

limits as may be prescribed by local law applicable theret~. 233

18

(b) School tax funds shall be expended only for 235

19

. the support and maintenance of public schools, public 236 .

20 education, and activities necessary or incidental thereto, 237

21 including school lunch purposes.

22

(C) The 20 mill limitation provided for in t~+~ 239

23

,Pe~e~~e~~ ~YQQ2r29r2Qb_121 shall not apply to those school

240

24 systems which are authorized on June 30, 1983, to levy a 241

25 I school tax in exces~ thereof.

26

(d) The method of certification and levy of the 243

21

school tax provided for in t~+~-Pe~e~~e~~ ~Y~Q2r2gt22b_121 244

28 shall not apply to those systems that are authorized on June 245

29 30, 1983, to utilize a different method of certification and 246

30

levy of such taxi but the General Assembly may by ~e~e~e+-e~

31 +eee+ law require that such systems be brought into 248

32

confor~ity with the method of certification and levy herein 249

33 provided.

34

Paragraph II. IQr~2~iQ9__Qt __ r~~2~iQg __ i~~ __ r~i~. 251

35 The mill 1 imitation in effect on June 30, 1983, for any 252

- 1-

1

s~hool system may be increased or removed by action of the 253

2

respective boards of education, but only after such action

3

has been approved by a majority of the qualified voters 254

4

voting thereon in the particular school system to be 255

5

affected in the manner provided by law.

- 8-

1

LEGISLATIVE OVERVIEW COMMITTEE

8

2

June 30 - July 1, 1961

9

3

ARTICLE IX.

11

4

COUNTIES AND MUNICIPAL CORPORATIONS

12

5

SECTION I.

13

6

COUNTIES

14

7

Paragraph I.

__ ~Q~Q!i~j 2__QQQ~

2QQ 2rQQr~!~

18

8 QQli!i. Each county shall be a body corporate and politic 19

9 with such governing authority and with such powers and 20

10 limitations as are provided in this Constitution and as 21

11 provided by law. The governing authorities of the several

12 counties shall remain as prescribed by law on June 30, 1963, 22

13 until otherwise provided by law.

14

Paragraph II. ~~IDQ~r_Q!_Q~Q!i~!_!imit~gi_QYQ!~ 24

15

2QYQg2ri~!_2QQ__ QYQ!~ __!it~!i__SQ~Q!~ __ QO!Q!iQ2liQQ. (a) 25

16 There shall not be more than 159 counties in this state.

26

17

(b) The metes and bounds of the several counties 26

18 and the county sites shall remain as prescribed by law on 29

19 June 30, 1983, unless changed under the operation of a 30

20 general law.

21

(c) The General Assembly may provide by law for 32

22 the consol idation of two or more counties into one or the 33

23 division of a county and the merger of portions thereof into 34

24 other counties under such terms and conditions as it may 35

25 prescribe; but no such consolidation, division, or merger 36

26 shall become effective unless approved by a majority of the

27 qualified voters voting thereon in each of the counties 37

28 proposed to be consolidated, divided, or merged.

38

29

Paragraph III. ~Q~Ql~__ Qffi~r!i __~!~~!iQQi __ l~[IDi 40

30

QmQ~Q!2!iQQ. (a) Tha clerk of the superior court, judge of 41

31 the probate court, sheriff, tax receiver, tax collector, and 42

32 tax commissioner, where such office has replaced the tax 43

33 receiver and tax collector, shall be elected by the

- 1-

1 qualified voters of their respective counties for terms of 44

2 four years and shall have such qual ifications. powers. and 45

3 duties as provided by general law.

4

(b) (For further study) Minimum compensation for 41

5 said county officers shall be established by the General 48

6 Assembly by general law. Such minimum compensation may be 49

1 supplemented by local law or. if such authority is delegated

8 by local law. by action of the county governing authority. 50

9

(C) The General Assembly may consolidate the 52

10 offices of tax receiver and tax collector into the office of 53

11 tax commissioner.

12

Paragraph IV. ~i~il_i~r~i~~_i~il~mi. The General 55

13 Assembly may by general law authorize the establishment by 56

14 county governing authorities of civil service systems 51

15 covering county employees or covering county employees and 58

16 employees of the elected county officers.

11

SECTION II.

61

18

HOME RULE FOR COUNTIES AND MUNICIPALITIES

62

19

Paragraph I.

__ ~~Q~r21 ~li~m~1~

2~lbQrL~~Q

1Q 65

20

__ g~1~g21~ i!1 __QQ~~r. (For further study) The General 66

21 Assembly is authorized to enact general laws providing for 61

22 the self-government of counties or municipalities. or both. 68

23 and to that end is expressly given the authority to delegate 69

24 its power so that matters pertaining to counties or 10

25 municipalities. or both. may be dealt with without the

26 necessity of action by the General Assembly.

11

21

Paragraph II. ~~eQl~m~12rY_QQ~~ri. (For further 13

28 stUdy) (a) In addition to and supplementary of all powers 14

29 possessed by or conferred upon any county. municipality. or 15

30 any combination thereof. any county. municipality. or any 16

31 comoination thereof may exercise the following powers and

32 provide the following services:

11

33

(1) Police and fire protection.

19

34

(2) Garbage and solid waste collection and 81

35

disposal.

- 2-

1

(3) Publ ic health facil ities and services. 83

2

including hospitals, ambulance and emergency rescue 84

3

services. and animal control.

4

(4) Street and road construction and 8b

5

maintenance, including curbs. sidewalks. street 87

b

1 ights. and devices to control the flow of traffic

7

on streets and roads constructed by counties and 88

8

municipalities or any combination thereof.

9

(5) Parks. recreational areas. programs. and 90

10

facilities.

11

(b) Storm water and sewage collection and

12

disposal systems.

13

(7) Development.

storage.

treatment. 94

14

purification. and distribution of water.

15

(8) Public housing.

9b

lb

(9) Public transportation.

98

17

(10) Libraries.

100

18

(11) Terminal and dock facilities and parking 102

19

facilities.

20

(12) Codes. including building. housing. 104

21

plumbing. and electrical codes.

22

(13) Air qual ity control.

lOb

23

(14) The power to maintain and modify 108

24

heretofore existing retirement or pension systems, 109

25

including such systems heretofore created by

26

general laws of local application by population 110

21

classification, and to continue in effect or modify 111

28

other benefits heretofore provided as a part of or

29

in addition to such retirement or pension systems 112

30

and the power to create and maintain retirement or 113

31

pension systems for any elected or appointed pUblic

32

officers and employees whose compensation is paid 114

33

in whole or in part from county or municipal funds 115

34

and for the beneficiaries of such officers and

35

employees.

- 3-

1

(b) Unless otherwise provided by law,

117

2

(1) No county may exercise any of the powers 119

3

1 isted in subparagraph (a) of this Paragraph or 120

4

provide any service listed therein inside the

5

boundaries of any municipality or any other county 121

6

except by contract with the municipality or county 122

7

affected; and

8

(2) No municipality may exercise any of the 124

9

powers listed in subparagraph la) of this Paragraph 125

10

or provide any service listed therein outside its

11

own boundaries except by contract with the county 126

12

or municipality affected.

13

lc) Nothing contained within this Paragra~h shall 128

14 operate to prohibit the General Assembly from enacting 129

15 general laws relative to the sUbject matters 1 isted in 130

16 subparagraph la) of this Paragraph or to prohibit the 131

17 General Assembly by general law from regulating,

18 restricting, or limiting the exercise of the powers listed 132

19 therein; but it may not withdraw any such powers.

20

ld) Except as otherwise provided in subparagraph 134

21

(b) of this Paragraph, the General Assembly shall act upon 135

22 the sUbject matters 1 isted in subparagraph (a) of this 136

23 Paragraph only by general law.

24

Paragraph III. El~2UiQg_~UQ_~~Qing. The governing 138

25 authority of each county and of each municipal ity may adopt 139

26

plans and may exercise the power of zoning.

This 140

27 authorization shall not prohibit the General Assembly from

28 enacting general laws establishing conditions and procedures 141

29 for the exercise of such power.

142

30

Paragraph IV. __ gmiQ~Ql gQm2iQ. The governing 144

31 authority of each county and of each municipal ity may 145

32 exercise the power of eminent domain for any pUblic purpose. 146

33

Paragraph V. __ ~Q~i~l giilril~. As hereinafter 148

34 provided in this Paragraph, special districts may be created 149

35 for the provision of local government services within such 150

- 4-

1 districts; and fees, assessments, and taxes may be levied 151

2 and collected within such districts to pay, wholly or

3 partially, the cost of providing such services therein and 152

4 to construct and maintain facil ities therefor. SUch special 153

5 districts may oe created and fees, assessments, or taxes may 154

6 be levied and collected therein by anyone or more of the

7 following methods:

155

8

(a) By general law which directly creates the 157

9 districts.

10

(b) By general law which requires the creation of 159

11 districts under conditions specified by such general law.

160

12

(c) By municipal or county ordinance or 162

13 resolution, except that no such ordinance or resolution may 163

14 supersede a law enacted by the General Assembly pursuant to 164

15 subparagraphs (a) or (b) of this Paragraph.

16

Paragraph VI.

~QmmYQi~l r~g~Y~leem~Q~. The

166

17 General Assembly may authorize any county, municipality, or 167

18 housing authority to undertake and carry out community 168

19 redevelopment, which may include the sale or other

20 disposition of property acquired by eminent domain to 169

21 private enterprise for private uses.

22

Paragraph VII. kimi~2~lQQ_QQ_~b~_!2!lQg_eQ~~_r_ ~Qg 171

23

sQu~rlQ~~iQQ1__Q[ __ SQYn~i~1~__ m~niiQ~li~1~i~__ ~nQ_eQll~ls~l 172

24

1~QQiYiiiQQi. The General Assembly shall not authorize any 173

25 county, municipality, or other political subdivision of this 174

26 state, through taxation, contribution, or otherwise, to

27 appropriate money for or to lend its credit to any person or 175

28 to any nonpublic corporation or association except for 176

29 purely charitable purposes.

30

Paragraph VIII. ~Qy~r~ign__ immYnl~l_Qf_QYn!l~~~ 178

31

mYQ1Sle~li!i~i~__ ~QQ __ Q!b~r__ eQll!i~1__ i~QQivi1iQn1. (For

179

32 further study) Counties, municipalities, and other 180

33 political subdivisions shall enjoy the same immunity from

34

suit as the state, unless otherwise provided by la~.

181

- 5-

SECTION III.

184

2

INTERGOVERNMENTAL RELATIONS

185

3

Paragraph I.

l Q ! ~ [ g ~ ~ ~ [ Q m ~ Q ! ~ l__ QQ![~!~.

(a)

188

4 The state. or any institution. department. or other agency 189

5 thereof. and any county. municipality. school district. or 190

6 other political subdivision of the state may contract for

7 any period not exceeding 50 years with each other or with 191

8 any other publ ic agency. public corporation, or public 192

9 authority for joint services, for the provision of services, 193

10 or for the joint or separate use of facilities or equipment;

11 but such contracts must deal. with activities or services 194

12 which the contracting parties are authorized by law to 195

13 undertake or provide. This authorization shall not prohibit 196

14 the General Assembly from enacting general laws relative to 197

15 such contracts.

16

(b) Subject to such limitations as may be provided 199

17 by general law, any county, municipal ity. or combination 200

18

thereof may, in connection with any contract~ authorized in 201

19 this Paragraph, convey any existing facil ities or equipment 202

20 to the state or to any publ ic agency, public corporation, or

21 public authority and may obligate itself to pay for the cost 203

22 of acquisition, construction. modernization, or repairs of 204

23 necessary buildings and facilities of any hospital 205

24 authority.

25

Paragraph II. ~QSgl__ gQ~!rQm!Ql __ r!QrggQi!gliQQ. 207

26 (For further study) The General Assembly shall provide by 208

27 general law for any matters necessary or convenient to 209

28 authorize the consol idation of the governmental and

29 corporate powers and functions vested in municipalities with 210

30 the governmental and corporate powers and functions vested 211

31 in counties in which such municipal ities are located. Such 212

32 general law may also provide alternatives for the

33 reorganization of county and municipal governments, 213

34 including. but not limited to, procedures to establ ish a 214

35 single governing body as the governing authority of a county

- 6-

1 and a municipal ity or municipal ities located within such 215

2 county. or for the merger of services or the redistribution 216

3 of powers between a county and a municipality or 211

4 municipalities located within the county. Such general law 218

5 shall provide procedures and requirements for the

6 establishment of charter commissions to draft proposed 219

1 charters to establish a form of governmental reorganization 220

8 authorized by this Paragraph. and the General Assembly is 221

9 expressly authorized to delegate its powers to such charter

10 commissions for such purposes so that the governmental 222

11 reorganization proposed by a charter commission may become 223

12

effective without the ne~essity of further action by the 224

13 General Assembly. or such general law may require that the

14 recommendations of any such charter commission be 225

15 implemented by a local law. Any law enacted pursuant to the 226

16 authority of this Paragraph shall require any form of 221

11 governmental reorganization authorized by this Paragraph to 228

18 be approved by a majority of the qualified voters voting

19 within the county or counties affected thereby as a 229

20 condition of its becoming effective.

21

SECTION IV.

232

22

TAXATION PO~ER OF COUNTY AND MUNICIPAL GOVERNMENTS

233

23

Paragraph I. EQ~~r__Qf !~~~!iQ~.

(a)

The 236

24 governing authority of any county. municipality. or 231

25 combination thereof may exercise the power of taxation as 238

26 authorized by this Constitution or by law.

21

(b) The governing authority of any county. 240

28 municipality. or combination thereof may expend public funds 241

29 to perform any public service or pUbl ic function as 242

30 authorized by this Constitution or by law or to perform any

31 other service or function as authorized by this Constitution 243

32 or by general 1 aWe

33

(c) No levy need state the particular purposes for 245

34 which the same, was made nor shall any taxes collected be 246

- 1-

1 allocated for any particular purpose. unless otherwise 241 2 provided by this Constitution or by law.

3

SECTION V.

250

4

LIMITATION ON LOCAL DEBT

251

5

Paragraph I.

Q~~t

Qf limil~liQQi

Q~Q!i~i~

254

6

m~Qi~iQ~li!i~i~ __ ~Q~_Qta~L_QQlili~~l_i~Qgi~iiiQQi.

(a) The 255

1 debt incurred by any county. municipality. or other 256

8 political subdivision of this state shall never exceed 10

9 percent of the assessed value of all taxable property 251

10 therein; and no such county. municipality. or other 258

11 political subdivision shall incur any new debt without the 259

12 assent of a majority of the qualified voters of such

13 subdivision voting in an election held for that purpose as 260

14 provided by law.

15

(b) Notwithstanding subparagraph (a) of this 262

16 Paragraph. all local school systems which are authorized by 263

11 law on June 30. 1983, to incur debt in excess of 10 percent 264

18 of the assessed value of all taxable property therein shall

19 continue to be authorized to incur such debt.

265

20

Paragraph II. ~Q~~i~!_Qii!Li~t_~~Q!. Within the 261

21 debt limitations as to amount provided for in Paragraph I of 268

22 this section. any county. municipality. or combination 269

23 thereof may incur debt on behalf of any special district 216

24 created pursuant to Paragraph V of Section II of this

25 article. Such debt may be incurred on behalf of such 211

26 special district where the county. municipal ity. or 212

21 political subdivision shall have. at or before the time of

28

incurring bonded indebtedness. provided for the assessment 213

29 and collection of an annual tax within the special district 214

30 sufficient in amount to pay the principal and interest of 215

31 said debt within 30 years from the incurrence thereof; and 216

32 no such county. municipality. or other political subdivision

33 shall incur any debt on behalf of such special district 211

34 without the assent of a majority of the qual ified voters of 218

- 8-

such district voting in an election held for that purpose as 279

2 provided by law. The proceeds of the tax collected as 280

3 provided herein shall be placed in a sinking fund which

4

shall be a trust fund to be used exclusively for the purpose 281

5 of retiring such debt or acquiring or redeeming the 282

6 obligations representing such debt. Such moneys shall be 283

7 held and kept separate and apart from all other revenues

8 collected and may be invested and reinvested as provided by 284

9

law.

10

Paragraph III.

B~f~QglQg

Qf

QY!1!~QgiQg

286

11

iQg~Q!~gQ~1~.

The governing authority of any county, 287

12 municipality, or other political subdivision of this state 288

13 may provide for the refunding of outstanding bonded

14 indebtedness without the necessity of a referendum being 289

15 held therefor, provided that neither the term of the 290

16 original debt is extended nor the interest rate of the 291

17 original debt is increased. The principal amount of any

18 debt issued in connection with such refunding may exceed the 292

19 principal amount being refunded in order to reduce the total 293

20 principal and interest payment requirements over the 294

21

remaining term of the original issue. The proceeds of the

22

refunding issue shall be used solely to retire the original 295

23 debt. The original debt refunded shall not constitute debt 296

24 within the meaning of Paragraph I of this section.

25

Paragraph IV. __ S!~~Q!lQQ~ !Q__g~Q! __limi!~!iQQ~.

298

26 (For further study) Notwithstanding the debt limitations 299

27 provided in Paragraph above and without the necessity for 300

28 a referendum being held therefor, the governing authority of 301

29 any county, municipality, or other pol itical subdivision of

30 this state may:

31

(1) Incur debt not to exceed one-fifth of 1 303

32

percent of the assessed value of all taxable 304

33

property therein to supply casual deficiencies in

34

revenue.

- 9-

1

(2) Accept and use funds granted by and 306

2

obtain loans from the federal government or any 307

3

agency thereof pursuant to conditions i~posed by

4

federal law.

5

(3) Incur debt in order to pay in whole or in 309

6

part the cost of property valuation and 310

7

equalization programs for ad valorem tax purposes.

a

(4) Incur debt by obtaining temporary loans 312

9

in any calendar year to pay expenses for such year, 313

10

provided that the aggregate amount of all such 314

11

loans outstanding shall not be in excess of the

12

total anticipated revenue for such year and that 315

13

there is no loan outstanding which was made in any

14

prior year under the provisions of this paragraph. 316

15

All such loans shall be payable on or before one 317

16

year from the date on which incurred.

17

Paragraph V.

b~~Y_2f_i~!~~_i2_Q~~_22nQ~i_~in~ing 319

18

f~nQ_r~g~ir~Q. Any county, municipality, or other political 320

19 subdivision of this state shall at or before the time of 321

20 incurring bonded indebtedness provide for the assessment and 322

21 collection of an annual tax sufficient in amount to pay the 323

22 principal and interest of said debt within 30 years from the

23 incurring of such bonded indebtedness. The proceeds of this 324

24 tax, together with any other funds collected for this 325

25 purpose or for the purpose of retiring, redeeming, or 326

26 acquiring such bonded indebtedness, shall be placed in a

27 sinking fund which shall be a trust fund to be used 327

28 exclusively for such purposes. Such moneys shall be held 328

29 and kept separate and apart from all other revenues 329

30 collected and may be invested and reinvested as provided by

31 law.

32

Paragraph VI. ~~liQi~_Qf_Qri2r_22nQ_ii1~~~. Any 331

33 and all bond issues val idated and issued prior to June 30, 332

34 1983, shall continue to be valid.

- 10 -

\

1

SECTION VI.

335

2

REVENUE BONOS

336

3

Paragraph I. ~~~~nY~_Q2ngii_g~n~~1_limi!~!i2ni. 339

4 Any county. municipality. or other political subdivision of 340

5 this state or public authority may issue revenue bonds as 341

6 provided by general law. The debt represented by revenue 342

7 bonds shall be repayable only out of the revenue derived

8 from the project and shall not be deemed to be a debt of the 343

9

issuing pol itical subdivision. No such issuing pol itical 344

10 subdivision shall exercise the power of taxation for the 345

11 puroose of paying any part of the principal or interest of 346

12 any such revenue bonds.

13

Paragraph II. ~~~~nY~_2Qngii_iQ~i~1_limii~!i2ni. 348

14 (For further study) Any county. municipality. or other 350

15 pol itical subdivision of this state may issue revenue bonds

16 in order to buy. construct. extend. operate. or maintain gas 351

17 or electric generating or distribution systems and all 352

18 necessary appurtenances, thereof but only after a majority 353

19 vote at an election held for that purpose in the same manner 354

20 as if incurring debt. Where such revenue bonds are issued

21 for this purpose and the gas or electric generating or 355

22 distribution system extends beyond the limits of the county 356

23 in which the municipality or other political subdivision is 357

24 located. then its services rendered and property located

25 outside said county shall be sUbject to taxation and 358

26 regulation in the same manner as are privately owned and 359

27 operated utilities.

28

Paragraph Ill.

__ Q~~~12Qm~ni ~~!n2riii~i.

The 361

29

development of trade. com~erce. industry. and employment 362

30 opportunities being a public purpose vital to the welfare of 363

31 the people of this state. the General Assembly may create 364

32 development authorities to promote and further such purposes

33 or may authorize the creation of such an authority by any 365

34 county or municipality or combination thereof under such 366

35 uniform terms and conditions as it may deem necessary. The 367

- 11 -

1 General Assembly may exempt from taxation development 368

2 authority obligations. properties. activities. Or income and

3 may authorize the issuance of revenue bonds by such 369

4

authorities which shall not constitute an indebtedness of 370

5 the state within the meaning of Section V of this article.

6

Paragraph IV.

The General Assembl y 372

7 shall provide for the validation of any revenue bonds 373

8 authorized and shall provide that such validation shall 374

9 thereafter be incontestable and conclusive.

10

Paragraph V.

376

11

All revenue bonds issued and validated prior to 377

12 June 30. 1983. shall continue to be valid.

- 12 -

1

Legislative Overview Committee

10

2

June 30 - July 1, 1981

11

3

ARTICLE X.

14

4

RETIREMENT SYSTEMS AND

15

5

EDUCATIONAL ASSISTANCE

16

6

(NOTE: Section I of this article will be moved to Article 19

7 III; Section II will be moved to Article VIII.)

20

8

SECTION I.

23

9

RETIREMENT SYSTEMS

24

10

Paragraph I.

2 ! ~Q!Qgil~!

Q~Q!i~

f~Qg!

27

11

~~lQQri!~~. Public funds may be expended for the purpose of 28

12 paying benefits and other costs of retirement and pension 29

13 systems for public officers and employees and their

14 beneficiaries.

15

Paragraph II. __ !Q~r!~!iQg Q!Q!!11! ~~lb2Li!!g. 31

16 Public funds may be expended for the purpose of increasing 32

17 benefits being paid pursuant to any retirement or pension 33

18 system wholly or partially supported from public funds.

19

Paragraph III.

~!11r!m!Ql

!~!1!m!

~Q~!LiQg

35

20

__Qf__ !mQIQ~!!!_Qf_fQ~Ql~_QQ~rg!

!g~~~11QQ.

Notwithstanding

36

21

Article IX, Section II, Paragraph II(a)(14), the auth~rity 37

22 to establish or modify heretofore existing local retirement

23 systems covering employees of county boards of education 38

24 shall continue to be vested in the General Assembly.

39

25

Paragraph IV. __ El(!m!n~! e!Q!iQQ__~~!~!m.

The 41

26 method of funding the Firemen's Pension System as set forth 42

27

in the Act creating said system, approved March 3, 1955 (Ga. 43

28 Laws 1955, p. 339), as amended, is continued until changed

29 by law.

30

Paragraph V. E~nQing_!~~Qg~(Q!. It shall be the 45

31 duty of the General Assembly to enact legislation t~ define 46

- 1-

1 funding standards which will assure the actuarial soundness 47 2 of any retirement or pension system supported wholly or 48 3 partially from pUblic funds and to control legislative 4 procedures so that no bill or resolution creating or 49 5 amending any such retirement or pension system shall be 50 6 passed by the General Assembly without concurrent provisions 7 for funding in accordance with the defined funding 51 8 standards.

9

SECTION II.

54

10

EDUCATIONAL ASSISTANCE

55

11

Paragraph I.

__ __ ~g~~!iQQ~l ~~~i~!~Qf~ QrQgr~~~

58

12

~~!bQrl~!g. (a) Pursuant to laws now or hereafter enacted 59

13 by the General Assembly, public funds may be expended for 60

14 any of the following purposes:

15

(1) To provide grants, scholarships, loans, 62

16

or other assistance to students and to parents of 63

17

students for educational purposes.

18

(2) To provide for a program of guaranteed 65

19

loans to students and to parents of students for 66

20

educational purposes and to pay interest, interest

21

subsidies, and fees to lenders on such loans. The 67

22

General Assembly is authorized to provide such tax 68

23

exemptions to lenders as shall be deemed advisable

24

in" connection with such program.

69

25

(3) To match funds now or hereafter available 71

26

for student assistance pursuant to any federal law. 72

27

(4) To provide grants, scholarships, loans, 74

28

or other assistance to public employees for 75

29

educational purposes.

30

(b) Contributions made in support of any 77

31 educational assistance program now or hereafter established 78

32 under provisions of this section may be deductible for state 79

33

income tax purposes as now or hereafter provided by law.

- 2-

Paragraph II. ~Y~r~Q~~~Q_r~~~QY~_Q~Q!. Guaranteed 81

2 revenue debt may be incurred to provide funds to make loans 82

3 to students and to parents of students for educational 83

4 purposes. to purchase loans made to students and to parents 84

5 of students for educational purposes. or to lend or make

6 deposits of such funds with lenders which shall be secured 85

1 by loans made to students and to parents of students for 86

8 educational purposes. Any such debt shall be incurred in 87

9 accordance with the procedures and requirements of Article

10 VII. Section IV of this Constitution.

88

11

Paragraph III.

fY21i ~Y!b2ri~i2~.

Public 90

12 authorities or pUblic corporations heretofore or hereafter 91

13 created for such purposes shall be authorized to administer 92

14 educational assistance programs and. in connection 93

15 therewith. may exercise such powers as may now or hereafter

16 be provided by law.

11

Paragraph IV. ~2i~~L-_2[__!Yi!l2Q. The Board of 95

18 Regents of the University System of Georgia shall be 96

19 authorized to establish programs allowing attendance at 91

20 units of the University System of Georgia without payment of

21 tuition or other fees. but the General Assembly may provide 98

22

by law for the establishment of any such progra~ for the 99

23 benefit of elderly citizens of the state.

- 3-

ARTICLE V, SECTION I, PARAGRAPH V;
Paragraph V. Succession to executive power. (a) In case of the temporary disability of the Governor as determined in the manner provided in Section IV of this article, the Lieutenant Governor shall exercise the powers and duties of the Governor and shall receive the same compensation "as the Governor until such time as the temporary disability of the Governor ends.
(b) In case of the death, resignation, or permanent disability of the Governor or the Governor-elect, the Lieutenant Governor or the Lieutenant Governor-elect, upon becoming the Lieutenant Governor, shall become the Governor until a successor shall be elected and qualified as hereinafter provided. A successor to serve for the unexpired term shall be elected at the next general election; but if such death, resignation, or permanent disability shall occur within 30 days of the next general election or if the term will expire within 90 days after the next general election, the Lieutenant Governor shall become Governor for the unexpired term. No person shall be elected or appointed to the office of Lieutenant Governor for the unexpired term in the event the Lieutenant Governor shall become Governor as herein provided.
(c) In case of the death, resignation, or permanent disability of both the Governor or the Governor-elect and the Lieutenant Governor or the Lieutenant Governor-elect or in case of the death, resignation or permanent disability of the Governor and there shall be no Lieutenant Governor, the Speaker of the House of Representatives shall exercise the powers and duties of the.Governor until the election and qualification of a Governor at a special election, which shall be held within 90 days from the date on which the Speaker of the House of Representatives shall have assumed the powers and duties of the Governor, and the person elected shall serVe out the unexpired term.
Change Article V, Section I, Paragraph I to read as follows: Paragraph I. Governor; term of office; compensation and allowances. There
shall be a Governor who shall hold office for a term of four years and until a successor shall be elected and qualified. The Governor serving on the effective date of this Constitution and future Governors shall not be eligible to succeed themselves and shall not be eligible to hold the office until after the expiration of four years from the conclusion of the term of office, except that persons who become Governor pursuant to Paragraph V(b) of this Section may succeed themselves for one four-year term of office and shall be eligible to be elected to the office of Governor at the next regular election for a full four-year term of office conducted for that office after they have become Governor.

ARTICLE V, SECTION II, PARAGRAPH VIII:
Paragraph VIII. Filling vacancies. (a) When any public office shall become vacant by death, resignation, or otherwise, the Governor shall promptly fill such vacancy unless otherwise provided by this Constitution or by law; and persons so appointed shall serve for the unexpired term unless otherwise provided by this Constitution or by law.
(b) In case of the death or withdrawal of a person who received a majority of votes cast in an election for the office of Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor, the Governor elected at the same electio~upon becoming Governor, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, an individual to serve until the next general election and until a successor for the balance of the unexpired term shall have been elected and qualified.

ARTICLE VIII CONFERENCE COMMITTEE REPORT STATE BOARD OF EDUCATION
STATE SCHOOL SUPERINTENDENT
SECTION II STATE BOARD OF EDUCATION
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 and two additional members from the state at large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said board. The ten members in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. On the effective date of this
\
Constitution, the Governor shall appoint two members to the board from the state at large. The terms of office of all members appointed after the effective date of this Constitution shall be for four years. Members shall serve until their successors are appointed and qualified. In the event of a vacancy on the board by death, resignation, removal, or any reason other than expiration of a member's term, the Governor shall fill such vacancy; and the person so appointed shall serve until confirmed by the Senate and, upon confirmation, shall serve for the unexpired term of office.
(b) The State Board of Education shall have such powers and duties as provided by law.
(c) The State Board of Education may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of the state educational system.
(d) The qualifications, compensation, and removal

from office of the members of the board of education shall be as provided by law.

SECTION III STATE SCHOOL SUPERINTENDENT Paragraph I. State School Superintendent. There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which such member shall have been appointed.

Submitted by:

Honorable Terrell Starr Senator, 44th District
Honorable John C. Foster Senator, 50th District
Honorable Dan H. Fincher Senator, 52nd District

Honorable Ben Barron Ross Representative, 76th District
Honorable Jack Connell Representative, 87th District
Honorable J. Crawford Ware Representative, 68th District

ARTICLE VIII CONFERENCE COMMITTEE REPORT BOARD OF REGENTS ARTICLE VIII EDUCATION SECTION IV BOARD OF REGENTS
Paragraph I. University System of Georgia; Board of Regents. (a) There shall be a Board of Regents of the University System of Georgia which shall consist of one member from each congressional district in the state and two additional members from the state at large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said board. The members in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for four years. Members shall serve until their successors are appointed and qualified. In the event of a vacancy on the board by death, resignation, removal, or any reason other than expiration of a member's term, the Governor shall fill such vacancy; and the person so appointed shall serve until confirmed by .the Senate and, upon confirmation, shall serve for the unexpired term of office.
(b) The board of regents shall have the exclusive authority to create public colleges, junior colleges, and universities in the State of Georgia, subject to approval by majority vote in the House of Representatives and the Senate. The government, control, and management of the Unive~sity System of Georgia and all of the institutions in said system shall be vested in the Board of Regents of the University System of Georgia.
(c) All appropriations made for the use of any or all institutions in the university system shall be paid to the board of regents in a lump sum, with the power and authority in said board to allocate and distribute the same among the institutions under its control in such way and manner and in such amounts as will further an efficient and economical administration of the

university system. (d) The board of regents shall have such powers and duties
as provided by law and may, in the manner provided by law, purchase, sell, lease, or otherwise dispose of property, execute conveyances thereon, and utilize the proceeds arising therefrom.
(e) The board of regents may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of the University System of Georgia.
(f) The qualifications, compensation, and removal from office of the members of the board of regents shall be as provided by law.

Submitted by:

w. D. Ballard
Senator, 45th District
Hugh M. Gillis Senator, 20th District
Richard L. Greene Senator, 26th District

Thomas B. Buck III Representative, 95th District
A. L. Burruss Representative, 21st District
Terry L. Coleman Representative, l18th District

Paragraph III. __ ~Q~Q!~ 2!fl~~i-~1~1i2Qi __ 1~![i

2mQ~Q~~!i2Q. (a) The clerk of the superior court, Judge of

the probate court, sheriff. tax receiver. tax collector. and

tax commissioner. where such office has replaced the tax

receiver and tax collector, shall be elected by the

qualified voters of their respective counties for terms of

four years and shall have such qualifications. powers, and

duties as provided by general law.

(b) County officers may be on a fee basis, salary

basis. or fee basis supplewented by salary, in such manner

as may be directed by law. Minimum compensation for said

county officers may be established by the General Assembly

by general law.

Such miniwum compensation may be

supplemented by local law or. if such authority is delegated

by local law, by action of the county governing authority.

(c) The General Assembly may consolidate the

offices of tax receiver and tax collector into the office of

tax commissioner.

ARTICLE IX, SECTION II, PARAGRAPH I ("Home Rule" Provisions):
Article Committee Proposal Paragraph I. General Assembly authorized to delegate its power.
The General Assembly is authorized to enact general laws providing for the self-government of counties or municipalities, or both, and to that end is expressly given the authority to delegate its power so that matters pertaining to counties or municipalities, or both, may be dealt with without the necessity of action by the General Assembly.
Alternative Paragraph I. Home rule for counties. The governing authority
of each county shall have 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 are not inconsistent with any loc~l law applicable thereto. The General Assembly shall provide by general law for the procedures whereby local acts of the General Assembly relating to the property, affairs or local government of a county may be amended or repealed by action of the county governing authority or by petition of a specified percentage of the voters of the county. This grant of ,authority shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit or otherwise regulate the exercise thereof.
Paragraph II. Home rule for municipalities. The General Assembly may provide by law for the self-government of municipalities and to that end is expressly given the authority to delegate its power so that matters pertaining to municipalities may be dealt with without the necessity of action by the General Assembly.

I

-.

COMMITTEE MEMBERS
GEORGE BUSBEE GOVERNOR CHAIRMAN
ZEL.L. MILLER LIEUTENANT GOVERNOR
THOMAS 8. MURPHY SPEAKER. HOUSE OF REPRESENTATIVES
ROBERT H. JORDAN CHIEF JUSTICE. SUPREME COURT
J. KEL.LEY 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
404/656-715B

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

TO:
FRa!:
SUBJECT: DATE:

ALL MEMBERS, LEGISLATIVE OVERVIEW CC!'IMITTEE (J'l CONSTITUTIONAL REVISION AND SELECT CC!'IMITTEE
Melvin B. Hill, Jr. /hU1I1 ~.
Recommendations of Article VI and Article IX Committees re Sovereign Immunity Provisions
July 24, 1981

The Committee to Revise the Judicial Article recommended that the provisions in Article VI relating to the sovereign immunity of the state be moved to Article I. The present provisions on this subject are found in Section V of Article VI, and provide in pertinent part as follows:
"Nothing contained herein shall constitute a waiver of the immunity of the State from suit, but such sovereign immunity is expressly reserved except to the extent of any waiver of immunity provided in this Constitution and such waiver or qualification of immunity as is now or may hereafter be provided by act of the General Assembly."
The only other provision of the present Constitution which relates to sovereign immunity appears in"Artic1e IX, Section VI, and provides as follows:
"Paragraph II. Liability Insurance. The governing authority of each county is hereby authorized in its discretion to purchase liability insurance to cover damages on account of bodily injury or death to any person or damage to property of any person arising by reason of ownership, maintenance, operation or use of any motor vehicle by such county, whether as a result of a governmental undertaking or not, and to pay premiums therefor. The governing authority is hereby authorized to levy a tax for such purpose. In the

LEGISLATIVE OVERVIEW COMMITTEE SELECT COMMITTEE July 24, 1981 Page 2
event of purchasing such insurance, the governmental immunity of the county shall be waived to the extent of the amount of insurance so purchased. Neither the county nor the insurer shall be entitled to plead governmental immunity as a defense and may make only such defense as could be made if the insured were a private person. The county shall be liable only for damages suffered while said insurance is in force. No attempt shall be made in the trial of any action brought against the county to suggest the existence of any insurance which covers in whole or in part, any judgment or award which may be rendered in favor of the plaintiff. If the verdict rendered by the jury exceeds the limitation of the insurance, the court shall reduce the amount to a sum equal to the applicable limitations stated in the policy."
The Committee to Revise Article IX recommended that this provision be changed to read as follows, in Section II, Paragraph VIII of the proposed Article:
Paragraph VIII. Sovereign immunity of counties, municipalities, and other political subdivisions. Counties, municipalities, and other political subdivisions shall enjoy the same immunity from suit as the State, unless otherwise provided by law."
If the Article VI Committee recommendation on this subject is approved, the provisions on the sovereign immuni~y of the State could be included at an appropriate place in Article I as follows:
"Paragraph __ Sovereign iDlDunity of the State from suit. The sovereign immunity of the State from suit is hereby expressly reserved except to the extent of any waiver or qualification of such immunity and is now or may hereafter be provided by law."
If the Article IX Committee recommendation on this subject is approved, the above provision would be amended to read as follows:
"Paragraph __ Sovereign immunity of the State and of counties, municipalities and other political subdivisions thereof. The sovereign immunity of the State and of counties, municipalities and other political subdivisions thereof from suit is hereby expressly reserved except to the extent of any waiver or qualification of such immunity as is now or may hereafter be provided by law."
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..

ARTICLE IX, SECTION III, PARAGRAPH II:
Paragraph II. Local government reorganization. (a) The General Assembly may provide by law for any matters necessary or convenient to authorize the consolidation of the governmental and corporate powers and functions vested in municipalities with the governmental and corporate powers and functions vested in a county or counties in which such municipalities are located; provided, however, that no such consolidation shall become effective unless approved by the qualified voters directly affected thereby voting in such manner as may be prescribed in such law. Such law may provide procedures and requirements for the establishment of charter commissions to draft proposed charters for the consolidated government, and the General Assembly is expressly authorized to delegate its powers to such charter commissions for such purposes so that the governmental consolidation proposed by a charter commission may become effective without the necessity of further action by the General Assembly, or such law may require that the recommendation of any such charter commission be implemented by a subsequent local law.
(b) The General Assembly may provide by law for alternatives other than governmental consolidation as authorized in subparagraph (a) above for the reorganization of county and municipal governments, including, but not limited to, procedures to establish a single governing body as the governing authority of a county and a municipality or municipalities located within such county or for the redistribution of powers between a county and a municipality or municipalities located within the county. Such law may require the form of governmental reorganization authorized by such law to be approved by the qualified voters directly affected thereby voting in such manner as may be required in such law.
(c) Nothing in this Paragraph shall be construed to limit the authority of the General Assembly to repeal municipal charters without a referendum.

PAGE 1

2

STATE OF GEORGIA

3

SELECT COMMITTEE

4

ON

5

CONSTITUTIONAL REVISION

6

7

8

9

10

11 "5z
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~ 12~
~r ~

MEETING OF SELECT COMMITTEE AND

~ 14

LEGISLATIVE OVERVIEW COMMITTEE


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15 olI

"Ill:
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16 ~...
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17 a THE HONORABLE GEORGE BUSBEE, Governor of Georgia, Presiding

18

19

20

21

22 Room 341 State Capitol
23 Atlanta, Georgia
24 Thursday, August 6, 1981 10:00 a.m.
25

2 3
4 5 6 7 8 9 10
.Czl
11 ~
e;1o...... 14 ~ I'z": .15 ~ Cl ~ 16 ~... cz 17 : 18 19 20 21 22 23 24 25

PAGE 2
I NDE X
Article VII, Taxation and Finance Consideration of Section I ............ 0 8 Consideration of Section I I . . . . . . . . l~5 0 0 Consideration of Section III .. 95 0 00. 0 0 0 0 , Consideration of Section IV . . . . . . . . . . . 0 103 0
Reconsideration of Term of Office of Department of Transportation ..... '0.0000 3
Adj ournrnent . . 1 6 9 0 0 \) 0 0 Q 0 0 0 0 0

PAGE 3

PRO C E E DIN G S

2

GOVERNOR BUSBEE: If everyone will take your seat,

3 we will commence.

4

If I could have everyone's attention, we're just

5 going over the agenda.

6

As you know, we are scheduled to take up Article VII

7 today on taxation, and then this afternoon if we get through

8 in time to the judiciary, and then we will have tomorrow to

9 complete the judiciary.

10

Then we will be meeting on Wednesday for reconsidera-

11

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o......

tions,

hearing

from

conference

committee

reports

and perfecting

@);~i what we have already done. I did have one request this morning from Steve

! 14 Ii; Reynolds, and he is going to have to leave before noon today -e :J:
15 ~ and won't be in here this afternoon to make any motions to
"'~"
16 ~... reconsider, but I thought it might be well for everybody to
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17 = know what is outstanding that we have some time during the

18 day statements on motions to reconsider so that we might know

19 what the subject matters are.

20

Is there any objection then if I hear a motion from

21 Senator Reynolds where he can leave?

22

If not, Senator Reynolds.

23

SENATOR REYNOLDS: Mr. Chairman, I move that this

24 body reconsider its action on setting the terms of the DOT,

25 Department of Transportation Board members.

PAGE 4

A VOICE: Second the motion.

2

GOVERNOR BUSBEE: All right. The motion is that we

3 reconsider the action in setting the Board of DOT terms to

4 four years.

5

REPRESENTATIVE LEE: Question.

6

GOVEID{OR BUSBEE: We have a question on the motion,

7 Mr. Lee.

8

REPRESENTATIVE LEE: The action we took was setting

9 them for four years?

10

GOVERNOR BUSBEE: That's right.

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11 j:
o'.."....

REPRESENTAT~VE LEE:

about it?

What does the Senator want to do

@;I GOVERNOR BUSBEE: They are presently five.

~ 14!!:;r;

REPRESENTATIVE LEE: We have already adopted four?

15 o!I ~

GOVERNOR BUSBEE: We have adopted four. I thought

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16 ~... you were here, Mr. Lee, when we did that .

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17 ~

All right. Is there any discussion? If not, all

18 those in favor of the motion to reconsider -- First, is

19 there objection to the motion to reconsider?

20

Hearing none, the motion prevails.

21

All right. Senator Reynolds.

22

SENATOR REYNOLDS: Mr. Chairman, in the essence of

23 time I'd like to move that the terms of the DOT Board members

24 be set at five years.

25

GOVERNOR BUSBEE: That is presently what they are.

PAGE 5

SENATOR REYNOLDS: As presently is the law.

2

GOVERNOR BUSBEE: Is there a second to the motion?

3

A VOICE: Seconded.

4

GOVERNOR BUSBEE: Everybody is anxious. I don't know

5 what's happened since the last meeting.

6

All right. Any discussion? Have you already had

7 adequate discussion?

8

All right. Is there any objection to the motion that

9 it remain at five years?

10

Hearing none, it's adopted.

All right. Let me say this, we're going to move

into taxation.

Everyone that has a conference committee outstanding,

we're going to hear from you this afternoon before we leave,

and if anybody wants to make a motion to reconsider this

afternoon if we have time we'd just like to know what the

subject matters are even though we won't debate the substance

18 in the event we do have reconsideration until Wednesday of

19 next week unless we can get through earlier on the judiciary

20 tomorrow than I anticipate.

21

I will say if we can move right along today and

22 this afternoon, a lot of you have expressed an interest on

23 Friday, tomorrow, to try and finish early in the afternoon.

24 We're going to make every effort to do this, but I would like

25 to hear outstanding conference committee reports and motions

PAGE 6

to reconsider so that when we come back here next Wednesday

2 nobody will be surprised about what we'll be taking up.

3

All right. Are we ready now to go to taxation?

4 Has that been handed out to every member?

5

All right. Pass it out.

6

SPEAKER MURPHY: Governor, can I say one thing

7 while they're passing it out?

8

GOVERNOR BUSBEE: Mr. Speaker.

9

SPEAKER MURPHY: I told many of you last time that

10 I had some folks working on a rewrite of the Judicial Article.

Instead of rewriting the article, they gave me notes from all

over the state; I have spent the last two days in my law

office, I have rewritten the proposed Judicial Article based

on the notes I have from lawyers allover the state. They

will be ready in about thirty minutes if you want to get a

copy of what I with their help have put together.

GOVERNOR BUSBEE: Anything that we can pass out

18 ahead of time where you can reflect on it I think will be of

19 assistance, Mr. Speaker.

(Pause.)

21

GOVERNOR BUSBEE: All right. Does everyone have a

22 copy now? Does anyone not have a copy? Raise your hand and

23 we'll see that you get a copy.

24

All right. Everyone has a copy. Please cease

25 audible conversation.

PAGE 7

I will call on Mickey for Article VII, but before

2 doing so I wanted to state

3

All right, let's have your attention out there.

4 Come on.

5

All right. I would like to say that we have

6 Randolph Thrower with us today, he is the chairman of the

7 Article on Taxation. He has with him today David Kane from

8 the law firm that worked with staff on this. We have the

9 subcommittee chairman, Marcus Collins who is with us; I

10 don't see Don Castleberry and Jim Martin who were sub-

committee chairmen.

Also we have the Attorney General, Mike Bowers.

Do you have any questions?

All right. Proceed, Mickey.

MR. HENRY: The proposed revision of Article VII

generally follows the organization of the present constitutiona

provision, although there are some significant organizational

18 changes.

19

In addition some of the current provisions have been

20 rephrased to provide for more conciseness and greater clarity

21 and to eliminate redunancies. One change of wording which

22 appears throughout the proposed revision of Article VII is the

23 use of the term State in place of the term General Assembly

24 which is presently used. This change was made to reflect the

25 fact that the General Assembly alone does not enact laws, but

PAGE 8

that the General Assembly with the concurrence of the

2 Governor does so.

3

The copy of the proposed Article VII that I suppose

4 we can work from, if you'll turn to page 18 we will work from

5 the strike-through underlined version if that's suitable.

6

GOVERNOR BUSBEE: All right. That's going to be at

7 18 in the bottom right-hand corner. That's the strike and

8 underlined version.

9

MR. HENRY: Paragraph I of Section I, Article VII,

10 is a restatement principally of the present provisions.
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11 ~ Omitted from it was the prefatory language which appears at
o......
~--- ~12 : the opening phrase of the present provision which basically states something that is an inherent power of the General

14 t>; Assembly , and that is the power of taxation.

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15 :

This provision provides that the State may not

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16 i suspend or irrevocably give, grant, limit or restrain the zell
17 -~ right of taxation, and that the right to tax shall always

18 be under the complete control of the State.

19

No substantive change.

20

SENATOR BARNES: Move it be adopted.

21

GOVERNOR BUSBEE: All right. The motion is made it

22 be adopted. Is there a second?

23

SENATOR HOLLOWAY: I second it.

24

GOVERNOR BUSBEE: The motion is seconded. Discussion

25

Any objection to the previous question? Hearing

PAGE 9

none, is there objection to the adoption?

2

Hearing none, it's adopted unanimously.

3

Mickey.

4

MR. HENRY: P.aragraph II is a limitation on the

5 State's taxing power. It's basically a restatement of the

6 present provision with some clarifications, inserting "annual"

7 to modify the term "levy," inserting "tangible" to modify the

8 term "property," and also the phrase "to provide for

9 repelling invasions, suppressing insurrections or defending

10 the State in time of war" has been omitted and substituted in

lieu thereof has been the term "an emergency."

This would give the General Assembly more flexibility to be able to overcome the quarter mill limitation on

property tax.

Subparagraph (b) is a restatement with updated

language of the present provision which authorizes the bank

shares tax with no substantive change.

18

REPRESENTATIVE LEE: Move its adoption.

19

GOVERNOR BUSBEE: The motion is made that it be

20 adopted. Is there a second?

21

A VOICE: Seconded.

22

GOVERNOR BUSBEE: The motion is seconded. Any

23 dis cus s ion?

24

All right. Is there objection to its adoption?

25 Hearing none, it's unanimous ly adopted.

PAGE 10

REPRESENTATIVE PINKSTON: Mr. Chairman.

2

GOVERNOR BUSBEE: Representative Pinkston.

3

REPRESENTATIVE PINKSTON: Question. Back on this

4 bank share tax, do I understand that if another method of

5 taxation is passed by the General Assembly this will not

6 affect that, it won't have to be a constitutional a~endment?

7

}ffi. HENRY: That's correct.

8

GOVERNOR BUSBEE: All right. Any further questions?

9

Next paragraph.

10

MR. HENRY: Paragraph III is a restatement of the

11

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provision

on

the

uniformity

of

taxation.

The only

...o
II.

@;i change is that the phrase "and for public purposes only" was omitted consistent witht he change that was made in Section

! 14 t; II of the proposal which does not limit the General Assembly

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15 011 to taxation for public purposes only. That's Paragraph

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16 ~... III(a)(l) .

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17

Paragraph III(a) (2) is a new provision which the

18 committee inserted which would authorize counties to levy

19 and collect business and occupational license fees and taxes

20 only in the unincorporated area of the county, and the staff

21 has a recommendation which is on page 88, you can turn to

22 that page. The staff is recoumaending that since this is a

23 power of local government taxation that it be put into the

24 Article IX provision on power of taxation.

25

Page 88 is how we would have it redrafted.

PAGE 11

Presently your proof draft of Article IX says that

2 except as otherwise provided in this paragraph, the

3 governing authority of any county, municipality or combina-

4 tion thereof may exercise the power of taxation as authorized

5 by this constitution or by law.

6

vJe would recommend that you insert the phrase "or

7 by general law" and then provide for two exceptions to that,

8 one which would be Paragraph I(b) "in the absence of a general

9 law, county governing authorities may be authorized by local

10 law to levy and collect business and occupational taxes and

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11

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license

fees

in

the unincorporated

areas,"

and

then Paragraph,

e ; jo..'..".. Subparagraph (2) would authorize municipalities to do the same. Also the second part --

! 14

SPEAKER MURPHY: Under (c) you've got to pass a law

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15 olI for each county and municipality, or just pass a general law

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16 .~.. authorizing the counties to do it and the cities to do it?
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17 :

MR. HARRIS: You could do it either way. If you

18 don't pass a general law, it could be done by local law.

19

One of the reasons this is in here is this was a

20 major area of local constitutional amendments, and in order

21 to -- in the tradeoff of elioinating the local constitutional

22 amendments the opportunity to give a county the right, or a

23 city the right to levy occupational taxes is put in here as

24 being able to be done by local law unless the General Assembly

25 passes a seneral law.

PAGE 12

GOVERNOR BUSBEE: Representative Wood.

2

REPRESENTATIVE WOOD: Mr. Chairman, I'd just like to

3 question if this is broad enough that you could collect

4 say premium tax on insurance in the unincorporated areas.

5 It's not permissible now under the constitution except where

6 local acts have been passed, constitutional amendments.

7

Is this broad enough? That's my question.

8 Premium tax collected on insurance premiums.

9

MR. HENRY: To the extent that an insurance premium

10 tax could be considered a business or occupational tax or
11 "zt: license fee, yes, but we are -- in 1980 as you know there
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@);':j was a general amendment ratified which would authorize the collection of insurance premium taxes by counties, and we're

! 14 recommending that you insert that in here.

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REPRESENTATIVE WOOD: One other question. That is

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16 .~.. true, but you were talking about life and accident, but I'm

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17

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talking

about

fire

and

casualty

where

there's

more

premiums

18 to be collected under that area than there is life.

19

The constitution that you're talking about, the

20 constitutional amendment dealt only with one item, and that

21 was life and accident.

22

MR. HENRY: Well, like I say, if a preium tax on

23 fire and casualty can be considered a business or occupational

24 tax or license fee, yes, you can do it.

25

I'm not certain what --

PAGE 13

REPRESENTATIVE HOOD: That's my question. Do you

2 think it's broad enough to include that?

3

MR. HARRIS: It's my personal opinion it's not, but

4 under no circumstances would I try to second-guess what the

5 court would say,

6

REPRESENTATIVE WOOD: I move then that we insert the

7 proper phraseology to broaden this in order that a premium

8 tax could be collected in the unincorporated areas on fire

9 and casaulty insurance premiums.

10

GOVERNOR BUSBEE: You're going to have to kind of

11

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~

write

your

motion,

show me where to put your

language

if you

e ; i..o.... would.

REPRESENTATIVE WOOD: I would want the staff to do

! 14 !;; that, Mr. Chairman.

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15 oll

GOVERNOR BUSBEE: While they're looking at that, if

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16 ~... you don't mind, let me go to Representative Collins and we'll

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17 :; come back to it. You might talk with them up here now on it.

18
Representative Collins.
19
REPRESENTATIVE COLLINS: I second the motion, but
20
the other thing that I wanted to know if it was broad enough
21
or if it was going to include where we went with the insurance
22
premium tax, the portion that was collected in the unin-
23
corporated area stayed in the unincorporated area for the
24
services they get, you know additional services they tax for.
25
Would this be broad enough to where business license or

PAGE 14

insurance premium taxes collected in the unincorporated area

2 would get a hundred percent credit on their taxes or payment

3 of a hundred percent credit, because we're already giving

4 this money to the cities, and if you just put it in the general

5 county fund your cities are going to get back the portion

6 that's collected or paid by the people in the unincovporated

7 areas that they don't participate in.

8

GOVERNOR BUSBEE: Mr. Speaker.

9

SPEAKER MURPHY: Mr. Collins --

10

REPRESENTATIVE COLLINS: Yes.

11

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..o....

SPEAKER MURPHY: Would you tell me the philosophy

~--- !12 ~ behind requiring us to pass a local law for the counties to do this instead of us just putting it in the constitution

14 ~~ that county governments are authorized to collect business
':~"r
15 : occupational taxes, license fees in the unincorporated areas :a::
16 ~ of the county to specifically include premium taxes on all
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17 :lD insurance policies? '~at's wrong with just saying they're

18 authorized to do it instead of us having to pass a general

19 law and leaving it up to the counties and municipalities to

20 do it?

21

REPRESENTATIVE COLLINS: There's nothing wrong with

22 that, but at this time your municipalities have this authority.

23 They keep their money for their services. The people that

24 live in the unincorporated areas, theirs goes into the

25 general treasury. Theirs should be protected for them.

PAGE 15

SPEAKER MURPHY: All I'm saying is giving the

2 municipalities the right to collect theirs within the

3 incorporated areas, and the counties in the unincorporated

4 areas the right to collect theirs specifically including

5 premium taxes on all insurance policies. \~at's wrong with

6 just giving them the right in the constitution instead of us

7 having to pass a general law?

8

GOVERNOR BUSBEE: I think you have two steps.

9

REPRESENTATIVE COLLINS: I would agree with you.

10

GOVERNOR BUSBEE: Mr. Collins, let me interrupt

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11

~
Ill:

just

a minute.

I think he has two steps; one, the power to

.2..

@;~ do the tax, but secondly rather than making it countywide the proceeds use, it would be used in the unincorporated

! 14 1;; area. In order to do that you're going to have to have some

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15

".: provision
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for

it

is

what

he's

--

Is that your point?

16 .~..
oz-e

REPRESENTATIVE COLLINS: Yes .

17 :

SPEAKER MURPHY: That gets back to the old fight

18 that we've been going through for years and we ain't never

19 resolved about the double taxation in the cities. We ain't

20 never resolved that yet.

21

REPRESENTATIVE COLLINS: Mr. Speaker, this is not

22 double taxation in the municipalities, this is in the

23
unincorporated areas, and these people pay this tax, they get
24
the credit, they're entitled for it to be spent for them.
25

PAGE 16

If it goes into the general fund of the county, the

2 city will get theirs, and if it's fifty-fifty they get three

3 dollars for everyone, and yet in the unincorporated --

4

SPEAKER MURPHY: All I'm saying, Mr. Collins, is

5 that certainly it would have to be in the constitution. If

6 you were going to collect it in the unincorporated area and

7 spend it in that area only it would have to be in the

8 constitution or it would be patently unconstitutional.

9

REPRESENTATIVE COLLINS: Mr. Chairman --

10

SENATOR BARNES: If you do what he wants they're

going to have to segregate the funds.

GOVERNOR BUSBEE: Senator Ballard.

SENATOR BALLARD: What you're looking at and what

you're talking about doing, Representative Collins, is a

double-edged sword, the Speaker mentioned it, because now

your cities are providing fire protection within the city

and yet the people in the cities are paying taxes for fire

18 protection out in the county and for land fills and other

19 things of this nature, so if you're going to do it for tit

20 you've got to take the other side of that blade and cut back

21 the other way.

22

GOVERNOR BUSBEE: Senator Barnes.

23

SENATOR BARNES: If you do what Representative

24 Collins is saying, that is provide that the occu~!i.tional taxes

25 be collected in the unincorporated county, part of the county,

PAGE 17

and spent only in that part you're going to have to segregate

2 a general fund, you'll have general tax revenues that can be

3 spent in the city and the county by the county, and the license

4 and occupational taxes would have to be segregated and say

5 that they can only be spent in the county. That sure will be

6 a bookkeeping problem, I'll tell you that.

7

SPEAKER MURPHY: Is there not a simple way to

8 eliminate that, Mr. Barnes, by just collecting one premium

9 tax in the county and that money that's collected for the city

10 be rebated by the county to the city and let the county and

e;i11

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city

spend

it where

they want

to?

SENATOR BARNES: What about occupational taxes,

occupational licenses?

! 14 t;

GOVERNOR BUSBEE: Let me interrupt to say that

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15 olI Randolph, if you or David or anyone have any observations,

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16 .~.. speak up. We would be glad to hear from you, or if you have

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17 : any questions.

18

How do you want to proceed on this?

19

SPEAKER MURPHY: Could I ask Mr. Thrower a question?

20 He's an expert in this field.

21

GOVERNOR BUSBEE: Mr. Speaker.

22

SPEAKER MURPHY: ~~at consideration has the full

23 committee give to this business about premium taxes and the

24 counties having their part and the cities having theirs, sir?

25

MR. THROWER: I don't think we gave attention to

PAGE 18

the issue of expenditure by the county. This relates only

2 to the authority of the counties with respect to levy and

3 collection of taxes.

4

The expenditure of funds by a county is somewhat

5 separate from collection, and we did not deal with

6 appropriations within a county or the accounting for funds

7 from different sources.

8

MR. HARRIS: Mr. Chairman.

9

GOVERNOR BUSBEE: Mr. Harris.

10

MR. HARRIS: If I could remind the members of the

committee, when you adopted and looked at Article IX on local

governments you put a provision in there that would authorize

the General Assembly to authorize counties to create special

tax districts within the counties, so the authority to

separate or have separate taxing districts is already in place

in the new proposal in Article IX.

GOVERNOR BUSBEE: What we've been discussing since

18 this came up -- I've been discussing it with the Speaker and

19 the Lieutenant Governor and with the staff -- is I think what

20 we're talking about now, as Mr. Thrower says we're talking

21 about the right to tax. This would give them the right to

22 tax in an unincorporated area, so that's what we would be

23 addressing.

24

Then in Article IX would be what the expenditures can

25 be made for. You can have special classes. In Article IX

PAGE 19

would be the expenditures, so I think we need to consider

2 that at that point, and that would address what Mr. Collins

3 is talking about when we get to that.

4

Is that right, Mr. Collins?

5

REPRESENTATIVE COLLINS: What I'm wondering is why

6 we can't address it all at one time,

7

GOVERl~OR BUSBEE: I think that we could do this in

8 deference, I think we can address this and if you want to move

9 that staff be directed to perfect the language of Article IX

10 to accomplish what you're seeking, then we can have that done

and we can do it through the noon hour. How would that be?

REPRESENTATIVE COLLINS: Fine.

GOVERNOR BUSBEE: All right. So now we come back to

the main motion on taxing. We'll just defer it then until

that time. Is there any objection to staff being directed

on the expenditure proposal for your consideration that will

limit the collection of proceeds from the insurance to the

18 affected area of the county?

19

MR. HARRIS: Mr. Chairman, I need to be clarified.

20

GOVERNOR BUSBEE: I agree.

21

MR. HARRIS: And I'm not sure that there's anyone

22 capable of doing it, but the issue that Marcus has raised, 23 the county in collecting its revenues has total control over 24 what it spends it for. This envisions -- I had thought that

25 the county would collect its revenue, the county would collect

PAGE 20

its revenue, and either can spend it as they see fit within

2 the law, and I don't understand where there is an overlapping

3 or where there has to be an exclusion of cities from taxes

4 collected by the county.

5

SPEAKER MURPHY: The problem is, Mr. Harris, that

6 cities are going to collect their taxes, premium taxes within

7 the limits or confines of the city; they're going to spend it

8 in the city, and the county's going to tax them again in and

9 outside, inside/and outside the city which would be double

10 taxation, unless you specify as Mr. Collins has said how it's

going to be done.

GOVERNOR BUSBEE: What we're saying this is not

the usual argument we have where you have a city that provides

a service, double taxation where the county has a tax on all

the citizens of the county but yet spends it in a limited area,

because what you're talking about is the city is going to be

collecting the premium tax and the city spending it in the

18 city; it will only be the premium taxpayers outside the city

19 that will be collected on, and they want to use this for

20 expenditures outside of a city.

21

MR. HARRIS: Mr. Chairman, on page 97 of your packet

22 we have set forth the constitutional amendment ratified in

23 1980 with respect to life insurance premium tax, and the

24 recommendation of staff is that this recently-passed amendment

25 be included in the new constitution, and it seems to me

PAGE 21

the appropriate time to address -- and this -- it would be

2 easy to expand that to include premium taxes on other kinds

3 of insurance, it just naturally falls into that, and this is

4 the paragraph where if there is a need to address the

5 separateness of municipalities and counties where it ought to

6 be addressed, and not in the one we're looking at now in which

7 we are trying to only deal with license fees and occupation

8 taxes which are clearly levied on businesses located within

9 the respective jurisdictions and spent by them.

10

GOVERNOR BUSBEE: That's on page 97 down at the

11

"z

j:
'o"

bottom

of

your

page.

"-

@;IIII

REPRESENTATIVE WOOD: My original question was -GOVERNOR BUSBEE: Just a minute. Representaive

! 14 l;; Wood.

:<zC:

15 011
"'~"

REPRESENTATIVE WOOD: My original question is this

16

broad ~
III
zIII

enough

to

include what

I

wanted

to

do~

and you

say no,

17 : so you're saying it should be brought up in a different

18

MR, HARRIS: I'm saying we're recommending on page

19 97 of your packet that you reinc1ude in this document the

20 constitutional amendment that was ratified in 1980 with

21 respect to life insurance premiums~ and you could expand that

22 to include premium tax on other kinds of insurance. That's

23 the appropriate place it seems to me.

24

REPRESENTATIVE WOOD: If it's in a different place

25 it's all right with me, as 10n3 as we embody it in the new

PAGE 22

constitution.

2

GOVERNOR BUSBEE: Representative Collins.

3

REPRESENTATIVE COLLINS: Mr. Chairman, I agree with

4 the gentleman, but there is one question that comes to my

5 mind. If we're going to agree for this tax to be put on,

6 would we agree for it if the knew the people that was paying

7 it was only going to get 20 percent of it back for tax credit.

8

If we don't expand this in this other area to do

9 this, some of them would probably vote against giving them

10 this authority.

"z
11 j:

GOVERNOR BUSBEE: Let me ask you -- I think we've

'o.a"....

r@}~i heard now from Representative Wood and Representative Collins and others the two things that are involved on it. One is

~ 14

1
t;

collection

which

would

include

an

expansion

which

you're

:z:
15 ol) proposing; the other one is the apprehension of Mr. Collins

"'"::l 16 .~.. and others as to how that money could be expended .

aCzl
17

Is there any objection to directing staff to work up

18 some proposals during the lunch hour and deferring this for

19 further consideration until after lunch?

20

Is there objection?

21

Representative Coleman.

22

REPRESENTATIVE COLEMAN: Governor, get somebody to

23 answer a question for me.

24

Can the counties impose this tax now countywide

25 without a local law?

PAGE 23

SPEAKER MURPHY: Only a local constitutional

2 amendment will allow you to provide an occupational license

3 tax. That's the only way you can do it now.

4

REPRESENTATIVE COLEMAN: But you can do it by local

5 constitutional amendment now?

6

SPEAKER MURPHY: Ain't that right, Mro Thrower?

7

MR. THROWER: That is correct 0 The purpose of this

8 is to permit the county to levy a tax in the unincorporated

9 area and thus avoid duplication of a tax that's been levied

10 by the municipality within the municipality.

l:I

11

Z j:

e ; i'o..".... city?

Otherwise you would have a duplication or a REPRESENTATIVE COLEMAN: Has it been levied in the

! 14 !;;

MR. HENRY: Terry, you need a local constitutional



:I:

15

Q l:I

amendment

or

you

need

some

kind

of

constitutional

authority

'"::l

16

.~..
az

to

authorize

a

county

to

levy

a

business

and

occupational

17 lli license tax only in the unincorporated areas.

18

Now, as to their ability to levy a business and

19 occupational tax countywide, you would not need constitutional

20 authorization, you would only need legislative authorization.

21

I understand the reason that that is not done is

22 because cities are taxing businesses in the municipal limits,

23 and that would impose a double taxation on the businesses

24 within the municipalityo

25

REPRESENTATIVE COLEMAN: But if the city is not

PAGE 24

doing that -- if the cities within a county are not doing

2 that, you could do it by local law countywide; right?

3

MR. HENRY: I think you would have to do it by

4 general law.

5

REPRESENTATIVE COLEMAN: General law?

6

MR. HENRY: Yeah, because you'd have to do it either

7 by general law or by local constitutional amendment because

8 the uniformity provision says all taxes shall be levied and

9 collected under general laws.

10

REPRESENTATIVE COLEMAN: But a county -- if the

~

11

"z
j:
'2."..

cities

within

a

county now

do

not

levy

premium tax

on

12~ property, casualty, fire or whatever, then the county could

@ r i do it by ordinance, or would it take --

! 14 I-

MR. HENRY: We're talking about two different taxes

':<z"C:

15 011 here. We're talking about the premium tax whether it be on
"'";;)
16 .~.. insurance premiums, fire and casualty or whatever, and then Q Z <C
17 I we're talking about a wholly separate tax here when you

18 talking about business or occupational license fees or taxes,

19 so you've got to separate out the two.

20

REPRESENTATIVE COLEMAN: vJell, my concern was on the

21 premium tax.

22

MR. HENRY: On the premium tax. Well, municipalities

23 are presently levying a tax on life insurance premiums, and

M I think fire and casualty, I'm not sure, within the

25 municipal limits by general law, so if you passed a general

PAGE 25

law which allowed the counties to impose an insurance premium

2 tax countywide, you would be subjecting the premium payers

3 within the municipal limits to two taxes, one for county and

4 one for municipal purposes.

5

GOVEro~OR BUSBEE: All right. I'll tell you we're

6 going to -- if you have any further questions about this --

7 I'll just ask is there any objection to trying to develop,

8 have staff develop this language over the lunch hour and bring

9 this up for further consideration after lunch to give the

10 opportunity to those who have concerns to talk with staff

about it?

Representative Pinkston.

REPRESENTATIVE PINKSTON: Mr. Chairman, one quick

question.

In certain areas of business and occupational taxes

today presently there are limits on them. Now, do I interpret

this to mean that there will be no limits on what a county

18 can levy with the business and occupational tax?

19

MR. HENRY: The limit would be statutory. This

20 isn't a self-executing grant.

21

REPRESENTATIVE PINKSTON: But it says though that in

22 the absence of a general law you can do it by local

23 legislation.

24

MR. HENRY: Local law, yes.

25

REPRESENTATIVE PINKSTON: The local delegation pass

PAGE 26

an act which says there's no limit on occupational license

2 tax?

3

MR. HARRIS: Sure.

4

MR. HENRY: Yes.

5

REPRESENTATIVE PINKSTON: For example on CPA's and

6 attorneys and engineers and all like this there is presently

7 a limit for cities as well as counties of $200.

8

MR. HARRIS: That's a general law. There's a general

9 law setting those limits.

10

REPRESENTATIVE PINKSTON: That's right, but under

11

"z
i=
..o~....

this

constitutional

provision

in

the

absence

of

a

general

law

@);~I can you do it by local law which would take off any limits? MR. lUUtRIS: In the absence of a general law, but

! 14 I- you have a general law.

'"

:I:

15 ~

SENATOR BARNES:

";:)

16 .~.. have a general law .

zQ

You could do it now if you didn't

17 :

}fR. HARRIS: You can do it right now. Through the

18 general law you can eliminate it.

19

REPRESENTATIVE PINKSTON: Would we not have to pass

20 a new general law according to this provision?

21

MR. HARRIS: No.

22

GOVERNOR BUSBEE: All right. Any other questions on

23
it?
24
If not, it will be deferred until after lunch.
25
Please, if you have any observations on it, talk with staff

PAGE 27

about it because we're going to try and take this up this

2 afternoon and dispose of all of this article, and also start

3 the judiciary.

4

All right. Next paragraph.

5

Just a moment. Senator Gillis.

6

SENATOR GILLIS: Governor, I have an amendment to

7 Article VII, Section I, Paragraph III. Is that the one we're

8 on now?

9

GOVERNOR BUSBEE: That's what you're on now. What

10 ., do you have?

z

11 .joo...r:..:

SENATOR GILLIS: I would like to add at the end of

@;i Paragraph III, Section T, these words: "Notwithstanding anything to the contrary

! 14 ... ':a"::
15 .q, or: ;:)
16 .~..
aQz
17

contained in this paragraph, the General Assembly may by law establish one or more classes of tangible property for ad valorem tax purposes, and TIay adopt different rates and methods of assessment for the

18

taxation of each class of such property."

19

GOVERNOR BUSBEE: Is there any objection to

20 reconsidering the action on postponing the entire paragraph

21 since this is a separate and distinct matter and disposing

22 of this now?

23

If not, we will reconsider for the purpose of your

24 making your motion.

25

All right. You so move?

PAGE 28

SENATOR GILLIS: Yes.

2

GOVERNOR BUSBEE: You have heard the motion.

3

(Motion seconded.)

4

GOVERNOR BUSBEE: There is a second.

5

SENATOR GILLIS: All this does, Governor, is allow

6 the General Assembly at some future date to establish classes

7 of tangible property.

8

We already do it for automobiles, trailers, public

9 utilities, we already do that.

10

GOVERNOR BUSBEE: All right. Representative

"z

11

i=
...of.i.l.l:.

Collins.

@;I REPRESENTATIVE COLLINS: Mr. Chairman, if we're going to do this, and if we're going to do it where you're not 80ing

! 14 t:; to automatically say the utilities get it, you would need to

:<zC:

15 ~ take out this Section (c), Paragraph (c) rather.

"fill:
:;)

16 .~..

SPEAKER MURPHY: You would need to take out (a) and

az

17 ~ (b) too because you could come back by statute and do what all

18 three of those sections do.

19

SENATOR BALLARD: It will simplify the whole section.

20

REPRESENTATIVE COLLINS: It would suit me fine to

21 do it that way, but I think Section (c) would have to come

22 out definitely, then the utilities would automatically get

23 whatever reduction you show for any special class of property.

24

SPEAKER MURPHY: I second the motion.

25

SENATOR BALLARD: I do too.

PAGE 29

SPEAKER MURPHY: I'd like to amend his motion.

2

GOVERNOR BUSBEE: I think you would have to amend

3 the motion if you're going to do what he stated.

4

SPEAKER l~P~HY: Adopt his motion, strike (a), (b)

5 and (c).

6

GOVERNOR BUSBEE: Just for clarity, if you'll look

7 on page 21 where you have (a), (b) and (c), I'm going to let

8 Senator Gillis restate his motion in which he's going to

9 incorporate the amendment.

10

All right. Read your motion.

l:I

Z

11 ..joc..o:..

SENATOR GILLIS: Mr. Chairman, I move that we adopt

a paragraph at the end of Paragraph III which states:

@;i "Notwithstanding anything to the contrary

~ 14!t:-zci:

contained in this Paragraph, the General Assembly

15 oll

may by law establish one or more classes of tangible

lc:oI

;;)

16 .~..

property for ad valorem tax purposes, and may adopt

a-zc

17 =

different rates and methods of assessment for

18

taxation of each class of such property."

19

And I would be certainly glad to accept the

20 distinguished Speaker's amendment.

21

GOVERNOR BUSBEE: All right. Representative Greer.

22

REPRESENTATIVE GREER: May I ask a question?

23

I'm not objecting to what he was talking about, but

24 if you look on page 2 does it conflict in any way with that

25 (b) in Subsection I on the second page?

PAGE 30

Like I say, I'm not adverse to what you're reading

2 out, but with that page 2, that Subsection (b), make sure

3 you've got no conflict in it, on page 2, Subsection I under

4 (b), right about the middle of the page.

5

On page 2 of this new thing they handed us, you see.

6 I'm not sure it does, I'm just asking what you think.

7

SENATOR GILLIS: I would have to defer that to staff.

8

REPRESENTATIVE GREER: They would have to answer it

9 because you don't want to get a cross on it.

10

(Pause. )

11

"z
i=

.."o.."..

GOVERNOR BUSBEE: vfuile they're discussing some of

r~ @J;~i the proposals up here, I would like to call on the Chairman of

the article committee, Mr. Randolph Thrower, who had an

14

1
~ observation

if

we

can

get

the microphone

over

to

Mr.

Thrower.

'<:"Cr

15 olI
""";:)

MR. THROWER: All right.

16 .~..

GOVERNOR BUSBEE: Mr. Thrower. Please give him your

CI

Z

<C

17 : attention.

18

MR. THROWER: Governor, the committee considered

19 this proposal and proposals of this sort. I'm sure you

20 gentlemen know as well or better than I that the matter of

21 classification of property has been a very jealously protected

22 constitutional right in Georgia's constitutional history,

23 the feeling that the classification of property ill considered

24 can create great hardships and unfairness, and consequently

25 the committee did not take this route, but felt that the

PAGE 31

classification of property should remain in the constitution

2 and not be given entirely to the legislature as this would

3 provide.

4

There has been some relaxation in the provisions

5 with respect to local constitutional amendments dealing with

6 classification of property, but our committee felt that this

7 would first be very highly controversial, and second not

8 consistent with Georgia's history in this regard.

9

GOVERNOR BUSBEE: Representative Johnson.

10

REPRESENTATIVE JOHNSON: Mr. Chairman, as I interpret

zQ
11 ~ what both Senator Gillis trying to do and what is in the
o
~ ~
~--- I12 ~ proposed draft, what we're doing here is just opening the door on classification of property pure and simple.

! 14 ~ M ~ %

This matter has been before the General Assembly

15 : about three or four times in the last eight or nine years


~
16 ~ and has been defeated in every instance, and in my opinion

zQ

~
17 ~ what's going to happen to us is if we get in a position of

18 the General Assembly changing the classifications without

19 changing the constitution in every session of the legislature

20 different groups are going to be down here trying to get

21 their methods of classification and assessment changed, and

22 I just don't think we ought to get into that business.

23

GOVERNOR BUSBEE: Well, Just legislative history,

24 I believe it was 1980 that we had the constitutional

25 amendment giving the Revenue Commissioner the right to

PAGE 32

classify property. Is that right?

2

MR. HARRIS: That's correct.

3

GOVERNOR BUSBEE: Which was rejected by the people.

4

I have one concern, and I'm not speaking in

5 opposition to what Senator Gillis' motion is, but we've been

6 very careful here as we try to give more and more authority

7 to the legislature in many of these sensitive areas that we

8 give a right of referendum to the people.

9

Now, what we would be doing by having this, as

10 Representative Johnson states, if this is given in blank

11

"z
j:

then

this

would

come back

to

the

legislature without

the people

..'o"....

@;I ever having the opportunity to express themselves on exemptions, because if we exempt anything they'd pick it up.

! 14

Senator Gillis.

~:r

15 0/)

SENATOR GILLIS: It would have to be passed by the

~ "'"
16 .~.. legislature, though, Governor, before --

zQ

17 ~

GOVERNOR BUSBEE: I understand that.

18

Representative Collins.

19

REPRESENTATIVE COLLINS: Mr. Chairman, if we don't

20 want to go with that, if we can strike at the end of (c) where 21 the period is where it says "property owned by public 22 utilities," and just say that; then if we could insert another 23 statement there to say "aericulture" which includes forest

24 land, that such properties may not be taxed on a greater

25 assessment percentage of value or at a higher rate of

PAGE 33

taxation than other properties, then you would have something

2 we could live with and you wouldn't be opening it up to

3 everything.

4

GOVERNOR BUSBEE: Say that again. I didn't quite

5 follow you.

6

REPRESENTATIVE COLLINS: Well, you get Paragraph (c)

7 where you have your utilities -- I have a clean copy I'm

8 working from here -- and this would just delete the rest of

9 (c) and insert a (d) that says agricultural land, which

10 includes forest land, such property ~ay not be taxed on a

11

"z
j:

greater

assessment,

percentage

of value

or

at

a

higher

tax

@;:;..Do..C.. rate than other properties, then you would do what we are trying to get done, and I don't think you're opening it up

! 14 ... for everybody then .

'z":

15 olI

SENATOR BARNES: Mr. Chairman.

"DC
:::lJ

16 .~..

GOVERNOR BUSBEE: Senator Barnes .

az 17 :

SENATOR BARNES: Of course we have had real problems

18 with property classification for tax purposes several times.

19 The great fear has always been that we will have a hundred or

20 a hundred and fifty classes, of everybody coming in and

21 trying to get their own little specific class of property.

22

I don't think anybody denies that it might not be a

23 bad thing if we had three or four classes of property like

24 commercial, industrial, residential and rural, so I would

25 move to amend the amendment of Senator Gillis to strike the

PAGE 34

words "one or more" and insert therein "not more than four"

2 so that the paragraph as proposed by Senator Gillis would

3 read:

4

"Notwithstanding anything to the contrary

5

contained in this paragraph, the General Assembly

6

may be law establish not more than four classes of

7

tangible property for ad valorem tax purposes,"

8 and that way it would keep us from being pressured every term

9 to create a specialized individual class of property, but

10 ., would give us enough flexibility to provide broad classes and z
e ; i11 .oa.j..=:.. have broad classifications for taxes therein. GOVERNOR BUSBEE: Representative Collins. REPRESENTATIVE COLLINS: Mr. Chairman, I think the

! 14 ... suggestion I had made would make the fourth class, because

VI

:I:

15 :~: you already have three now.

;)

16 ~...

I would love to call this committee's attention to

zQ

17 = what was in the blue front edition of the Journal last night

18 when it said nearly a million Warsaw workers strike to

19 protest food shortage, and we're just trying to help keep

20 this country from getting in the same shape Poland is in.

21

(Laughter. )

22

REPRESENTATIVE COLLINS: You might laugh now, but

23 you only have a thirty-day surplus of food, and when it

24 gives out you won't be laughing.

25

SENATOR BARNES: One of those classes could be

PAGE 35

rural land.

2

GOVERNOR BUSBEE: Senator Holloway.

3

SENATOR HOLLO~vAY: I would like to note, Mr.

4 Chairman, that the Polish people are not eating pine trees,

5 and this has a lot to do with pine trees too.

6

But let me say this. I share Mr. Collins' concern

7 about the agricultural future from an economic standpoint of

8 being able to make a living on a farm.

9

Now, the original request of that group is found on

10 page 3 in this short handout underlined and it says, it adds

11 5"z to the constitution in addition to public utilities, mobile
o...
@-!land, 12 ~ homes and others agricultural land which includes forest Now, I can't buy specifically added.

! 14

We have discussed this among us on several

!;;

:z:

15 q occasions, and I can buy the General Assembly considering

~

;;)

16 ! down the road if the agriculture picture gets as bad as it

oz

17 : very well could the possibility of setting up a separate

18 class without having to go through a constitutional amendment,

19 and for that reason I agreed -- several of us agreed to go

20 along with the language of letting the General Assembly in

21 their wisdom set up another class for that reason.

22

I'm concerned about agriculture, but I do not want

23 to write another one specifically into the constitution of

24 Georgia, and for that reason I support the motion of Senator 25 Gillis, his original motion.

PAGE 36

GOVERNOR BUSBEE: All right. Senator Gillis.

2

SENATOR GILLIS: Mr. C~airman, I agree with Senator

3 Holloway. At some time down the road we're going to have to

4 f~ce the fact that we're losing farmers daily, foreign

5 operators are coming in and buying out our land.

6

We have a study committee right now judging the loss

7 of prime agricultural land in Georgia. We've got to do some-

8 thing about taxation sooner or later.

9

Many other states have already done it, and Georgia

10 is just lagging behind. That's the reason we want to put this

in the constitution, so that at some later date we can help

them if possible.

SENATOR BARNES: Mr. Chairman, if I could ask a

question.

GOVERNOR BUSBEE: Senator Barnes.

SENATOR BARNES: Is not Senator Gillis as I under-

stood the Speaker, which I agree with his observation, saying

18 -- Senator Gillis' amendment would take the place of this

19 entire paragraph. I mean if the General Assembly could

20 classify

21

GOVERNOR BUSBEE: He's not moving that now. He was

22 just moving his motion to leave (a), (b) and (c) in there.

23

SENATOR BARNES: I think I have the same observation

24 that the Speaker has, and that is that if we can -- if this

25 amendment of Senator Gillis' allows classification and we can

PAGE 37

classify it, then there's no need to put in this other

2 language, so we could take it out because it's surplus.

3

What I'm saying is if we're going to take out these

4 other classes of surplus, then we ought to say that you can't

5 have more than four classes, and that will allow the general

6 classifications, we already have three and we could add one,

7 or we could reshuffle the ones by statute and not have to have

8 it all tied down in the constitution.

9

SENATOR HOLLOWAY: You've got four now.

10

SENATOR BARNES: You've got three.

SENATOR HOLLOWAY: Automobiles, utilities and

personal property.

A VOICE: But they're not at different rates.

SENATOR BARNES: What we could do. we could

reshuffle it. I still think if we're going to classify

property, we ought to limit the number of classes we have and

take all the other specific classes out like utilities,

18 automobiles and so on because it's surplus.

19

GOVERNOR BUSBEE: Senator Ballard.

20

SENATOR BALLARD: If we get into this thing about

21 this putting in timber land or forest or farmland, we're

22 going to be in what we were with bingo. You cannot classify 23 in the constitution, you don't have the latitude to classify 24 what is farmland and what is timber land.

25

Now, I might have a lot in the center of town I'll

PAGE 38

go out and plant some pine trees on and that's timber land if

2 you have it strictly set forth in your constitution; or

3 farmland, I can plant my tomato plants on there have some

4 farmland.

5

To do what you're saying, we've got to put it in

6 where the General Assembly can classify what we're talking

7 about, That's the only way you can do it, it's the way

8 Senator Gillis has proposed.

9

GOVERNOR BUSBEE: Senator Holloway.

10

SENATOR HOLLOWAY: Mr. Chairman, I submit in my mind

e;i11

"z

j:
o..'"....

the

Paragraph

(c)

dealing with railroads

and public

utilities is a different animal altogether from what we're

talking about, the mobile home classification, agriculture or

! 14

...I-
:z:

forest

land,

15 olI

I submit to you if the system is as it is designed

"'~"

16 .~.. to be, any increase in taxation on utilities will be paid for

zQ

17 ~ by the users. It's not the same thing as in agriculture.

18 The utilities are allowed to make a reasonable profit, and if

19 we increase their taxes it's going to reflect in their rates,

20 so it's taking money from one pocket and putting it in the

21 other, and you don't have much choice not to use utilities.

22

I just don't believe -- I believe there would be

23 opposition from a great many sources to removing mobile homes

24 and utiltities and the others, and I just don't -- The

25 agricultural people are asking to put exactly the same

PAGE 39

language that the utilities now have, so why are they

2 concerned with it being in there? They're asking permission

3 for the possibility of by statute to put this same identical

4 language back in the constitution, so why not leave the

5 utilities in there?

6

GOVERNOR BUSBEE: Representative Collins,

7

REPRESENTATIVE COLLINS: Mr, Chairman, in response to

8 Senator Holloway, he's right about the consumer,having to pay,

9 but where we differ is if he remembers we had a study

10 from the University of Georgia which stated that the farmer

"z

11

j:
..Io..I..:

was

paying

in

excess

of

25

percent

of

their

income

for

ad

@J;~~ valorem tax, and when they go to reaching in their pocket and didn't have anything to pay with, then you've got your

' g ? 14

I


governments

that

would

be

taking

over

your

land,

and

that's

x

15 Q one of the things we're trying to avoid,

"II:
;;)

16 ~...

GOVERNOR BUSBEE: All right, I calIon the Attorney

Q

Z

17 : General, Mike Bowers.

18

ATTORNEY GENERAL BOWERS: Governor, I'm a member of

19 the Select Committee and not this overview committee, Is it

20 appropriate for me to make a comment with respect to the

21 paragraph thst's under consideration at this time?

22

GOVERNOR BUSBEE: All right. Go ahead,

23

ATTORNEY GENERAL BOWERS: I would recommend for the

24 Legislative Overview's consideration in Subparagraph (a) the

25 reinsertion of the language that's been deleted with respect

PAGE 40

to the purposes for which taxes may be levied insofar as is

2 eliminated the language that taxes can be levied only for

3 public purposes.

4

There are two paragraphs in this article in which

5 that language has been eliminated, and I submit for a

6 fundamental document such as our constitution that it would

7 be inappropriate to permit taxes other than for public

8 purposes.

9

GOVERNOR BUSBEE: All right. That's the stricken

10 language you're referring too

"z

@~ ;i~11 i..oa=..:..

ATTORNEY GENERAL BOWERS: Yes, sir o

GOVERNOR BUSBEE: Senator Gilliso

SENATOR GILLIS: Mr. Chairman, the question that 14 t; Representative Greer brought up, the staff says he's probably

<zC:

15

ob
"a:
;;;)

right

on

it,

we

probably

should

insert

this

amendment

on

16

.~..
zQ

page

2,

Subparagraph

(b)o

It should be placed as a substitute

17 = for that paragraph. That's the concensus of Mr. Hill and

18 members of the staff.

19

(Pause. )

20

GOVERNOR BUSBEE: All right. Let me have everybody's

21 attention. We have kind of hit something that is the most

22 fundamental issue that you have considered.

23

I have been requested by several-people that have

24
spoken on this that desire to make some changes in what is

25 being proposed and also someone that wanted to incorporate

PAGE 41

what the Attorney General says limiting the collection of

2 taxes for public purposes so we might have some of this

3 prepared, but would there be any objection if we postpone

4 this along with the other issue we postponed until after

5 lunch and let the staff have some opportunity to digest all

6 that's been said and then come back and consider it after

7 lunch? Would there be any objection?

8

SENATOR GILLIS: All right.

9

GOVERNOR BUSBEE: Senator Gillis has no objection to

10 that.

"z
11 j:

Senator Holloway,

..Iol..l..:

@;I SENATOR HOLLOWAY: We would also delay the suggestion of the Attorney General too?

! 14

GOVERNOR BUSBEE: That's right,

l;;

:I:
15 01)

SENATOR HOLLOWAY: I have an amendment ready for that

"Ill:
;;)

16 ~... whenever you're ready to proceed,

Qz

17 ~

GOVERNOR BUSBEE: If you'll just defer that until

18 after lunch --

19

Is there any other question about this paragraph now?

20 If there is, contact staff because we're going to have some

21 written out language. It's a very fundamental thing we're

22 talking about, we'll have language in writing. If you have

23 any proposals, give it to the staff and let them perfect your

24 language to carry out what your desires are,

25

Is there any objection to deferring until after

PAGE 42

lunch? If not, so deferred.

2

All right, next paragraph please.

3

MR, HENRY: All right, As I understand it we're

4 deferring the entire Paragraph III which contains the

5 Attorney General's recommendation as well as the classification

6 of the types of property?

7

GOVERNOR BUSBEE: That's correct.

8

All right. Senator Bell,

9

SENATOR BELL: Governor, I have a proposal on

10 Paragraph IV and I'm not sure whether it would come up now
11 "~z or at some point, You may not be aware of this admendment
.o..
@ - ~12 ~ that I have to offer, GOVERNOR BUSBEE: I'm not aware of the amendment, but

14 ~ if it has nothing to do with what we've been discussing, now
':~"r

15 : would be the time for you to present it.

Ill:

:;)

16 .~..

SENATOR BELL: This I think would be the time .

D

17

:Z
CD I t IS

a

separate

subject.

18

GOVERNOR BUSBEE: If it's a separate subject, now

19 would be the time.

20

SENATOR BELL: It was passed out on everybody's

21 desk.

22

GOVERNOR BUSBEE: I don't have a copy of it.

23 Someone provide me with a copy. None of the people up here

24 have a copy of it.

25

(Pause. )

PAGE 43

GOVERNOR BUSBEE: All right. Does everyone have a

2 copy of Senator Bell's proposed amendment?

3

SENATOR BELL: There's one change, Governor. The

4 word "incoming" should be -- it's a typographical error, it

5 should be "increasing."

6

What this is is what other states have adopted, it's

7 described as an extraordinary maj ority 0 It says that any

8 bill which would result in a net increase in state revenue

9 shall require a two-thirds vote in each house, but the

10 General Assembly may provide by law for exceptions to this

1z::1

11

i=
Ill:

provision.

@;;.2..

GOVERNOR BUSBEE: You have heard the motion. Is

~ ~ there a second to the motion?

14
~

(Motion seconded.)

':"z:

15 ~

GOVERNOR BUSBEE: The motion has been seconded.

1:1

Ill:

;;)

16 .~..

SPEAKER MURPHY: The purpose of that motion,

Q

z:

17 : Governor, is for one purpose only, is to give the present

18 minority party -- if I was in their party I'd be for it too,

19 it would give me more power, and that's the only purpose of

20 that.

21

SENATOR BELL: May I respond to that?

22

GOVERNOR BUSBEE: Yes, Senator Bello

23
SENATOR BELL: I disagree that it would give the
24
minority party -- it would give a one-third minority in either
25
house an opportunity to make it difficult to raise taxes.

PAGE 44

The simple question here is are we going to make it

2 difficult to raise taxes, This makes it more difficult.

3

If you don't like the language here, I would suggest

4 that you offer some better language, If you're opposed to it,

5 if you want to make it easy to raise taxes, then of course

6 you would want to vote this down, but if you want to make it

7 difficult to raise taxes I would hope that you would come up

8 with some better language if you have any, but I disagree

9 that it would give the Republicans control.

10

What it will do is give really the rural people in

11

"z
... the j:
ol.l.I.:.

state

a

greater

impact

on

any

future

increase

in

taxes

@);~I because if the rural legislators are as described as being the more conservative, then it will give them more control

! 14 1;; than they have now.

:z:

15 0:1

GOVERNOR BUSBEE: Senator Gillis.

"llI:
;;)

16 ~...

SENATOR GILLIS: Mr, Chairman, would this include

Q

Z

17 : the appropriation bill?

18

GOVERNOR BUSBEE: No, it's taxes.

19

Senator Holloway.

20

SENATOR HOLLOWAY: Parliamentary inquiry.

21

GOVERNOR BUSBEE: State your point,

22

SENATOR HOLLOWAY: When's the last time we raised

23 taxes in Georgia?

24

GOVERNOR BUSBEE: You decreased them last year, and

25 in order to decrease it you only had to have a majority vote

PAGE 45

to decrease it,

2

SENATOR HOLLOWAY: When's the last time we raised

3 taxes in Georgia? Was it in Sanders' administration?

4

I don't see where we need this language.

5

GOVERNOR BUSBEE: I can't answer your question.

6

All right. Is there any objection to ordering the

7 previous question?

8

Hearing none, all in favor of the motion rise and

9 stand until you're counted.

10

(A show of hands.)

GOVEP~OR BUSBEE: All opposed.

(A show of hands.)

GOVERNOR BUSBEE: On the motion, in the House the

ayes are zero, the nays are 23; in the Senate the ayes are ten

and the nays are twelve. The amendment is lost.

All right. Is there any other amendment to this

paragraph? If not, it's deferred until after lunch.

18

Again, if you have any suggestions on it where we can

19 have it in writing, please contact the staff immediately.

20

All right. Next paragraph.

21

MR. HENRY: Okay. We're on Section II, exemptions

22 from ad valorem taxation.

23

This is a substantial change from the present method

24 of granting property tax exemptions.

25

Presently -- the provision in the present

PAGE 46

constitution says that no property shall be exempt from

2 taxation except unless it's otherwise enumerated in the

3 constitution, This would authorize a -- would provide a

4 method for granting property tax exemptions by law.

5

Paragraph II(a)(l) would authorize the granting of

6 an ad valorem property tax exemption by approval of two-

7 thirds of the members elected to each branch of the General

8 Assembly and a majority of the qualified voters in the state

9 voting in a referendum,

10

These laws could be introduced in either the 1louse

or the Senate and would not be subject to a Governor's veto,

and that is in Subparagraph, or is in Paragraph II(a)(3).

Paragraph II(a)(2) would provide for the ability to

provide by local law for local homestead exemptions

conditioned upon approval of the majority of of the qualified

electors residing within the limits of the local taxing

jurisdiction,

18

What this would do is authorize local homestead

19 exemptions by local law which would only have to be passed by

20 a majority of both houses and would have to -- it would not be

21 subject to a Governor's veto, and would have to be voted on

22 in a local referendum.

23

The only additional requirement to this method and

24 the method you presently do it by which is local constitutional

25 amendment is, number one, presently a local constitutional

PAGE 47

amendment has to have a two-thirds majority which as I

2 understand is just a perfunctory matter because of the local

3 courtesy custom, and a local law granting a local homestead

4 exemption would also have to be advertised as are other local

5 laws.

6

In Paragraph III of course allows these exemptions

7 to originate in either the House or the Senate, which is

8 presently the case, and which would not allow the Governor's

9 veto, so in essence these types of exemptions which are

10 presently have to be granted by constitutional amendment would

11

";z:
..'o"....

have

to

follow

the

same

path as

a

constitutional

amendment,

@ ; j that is passage by the legislature and a vote in a referendum by the people.

14 ~

And Paragraph IV, Subparagraph IV would allow

I-

':"z:

15 ~ codification or recodifications of exemptions previously

"at:
:::J

16 ~... authorized in the constitution of 19760

Q

Z

17 ::

GOVERNOR BUSBEE: What about (b)?

18

}fR. HENRY: Okay. Subparagraph (b) would authorize

19 the conditions, limitations and administrative procedures to

20 be specified by law, such as now you have a constitution

21 when you've got an exemption there is a provision in there that

22 says you must apply for a homestead exemption, you must get

23 your forms from the State Revenue Commissioner. Well, these

24 types of administrative details could be provided for by law,

25 but any law which had the effect of increasing ~ property tax

PAGE 48

exemption would have to go under the legislative method that

2 was outlined in Subparagraphs (a){l) and (2),

3

GOVERNOR BUSBEE: All right, Representative Burruss.

4

REPRESENTATIVE BURRUSS: Mr, Chairman, on Paragraph I

5 I have a' question,

6

Under the existing law property owned by development

7 authorities is exempt from ad valorem tax, I can't find in the

8 draft where that is addressed,

9

It appears that if we adopt Paragraph I found on

10 page 21 that we would do away with development authority

11

"z
j:
..'o"....

exemptions.

Is that correct?

@J':i MR. HENRY: Development authority property would be public property, and over towards the end of this section it

! 14 ... says that all exemptions granted, or all exemptions on the ':"z:
15 01) date before the effective date of this constitution shall be
~
::;)
16 .~.. continued, and development authority property is public zQ
17 = property arid therefore exempt.

18

REPRESENTATIVE BURRUSS: Where do you find that,

19 please?

20

MR. HARRIS Page 37.

21

MR. HENRY: Page 37,

22

GOVERNOR BUSBEE: Page 37.

23

REPRESENTATIVE BURRUSS: Thank you.

24

MR. HENRY: Page 38, It would be lines 20 throu8h 24,

25 current property tax exemptions preserved. Those types of

PAGE 49

exemptions from ad valorem taxation provided for by law on

2 June 3D, 1983, are hereby continued in effect as statutory

3 law until othenvise provided for by law.

4

GOVERNOR BUSBEE: Does that answer your question,

5 1/1r. Burruss?

6

REPRESENTATIVE BURRUSS: All right 0

7

GOVERNOR BUSBEE: Are there other questions concernin~

8 it?

9

All right. Representative Pinkston.

10

REPRESENTATIVE PINKSTON: Does that cover the

11 "z~ charitable and religious organizations that are now exempt?

~...
~ 12~
~F~

MR. IIENRY: Yes. REPRESENTATIVE PINKSTON: Can that be changed then

14 ~ by statute or by constitutional amendment in the future?

:'-a"e:
15 ol)

MR. HENRY: Statute.

"QC
:)

16 .~..

REPRESENTATIVE PINKSTON: In other words, the church

1z1

17 ~ exemptions and educational exemptions, charitable organization

18 exemptions can be changed by statute in the future?

19

MR. HENRY: Yes, by statute subject to referendum.

20

GOVERNOR BUSBEE: Senator Stumbaugh.

21

SENATOR STill1BAUGH: I think we are asking for

22 difficulty in passing this constitution if churches begin to

23 think that we can with ease, 29 votes in one house and 191 24 in the other, change their current exemption. We sure don't

25 need all the churches fighting the constitution.

PAGE 50

GOVERNOR BUSBEE: There's no change on that as I

2 recall from Mickey, There's no change on\fuat, so they have no

3 reason to be concerned,

4

Representative Johnson.

5

REPRESENTATIVE JOHNSON: I would like to ask the

6 staff why they provided for a referendum on homestead exemption~?

7 Can anybody tell me of any instance where any proposed

8 constitutional amendment to increase the homestead exemption
9
has ever been defeated?

10

Does anybody know of that? If they've never defeated

"z
11 j:
@;;.o.'."... it, why in the world do you want to put these counties and cities to the expense of an election on that?

SENATOR BARNES: The only thing is you might have a

! 14

t; :..z.::

city

that

the

local

delegation

is

at

odds

with

the

county,

15

0
~

and

then

you

--

;:)

16 .~.. ".z..:

REPP~SENTATIVE JOHNSON: I don't recall any instance

17 :: where that's ever occurred. It may have.

18 19 20
motion,

SENATOR BARNES: I don't think it has, but it could. GOVEfu~OR BUSBEE: All right. I'll entertain a

21
Representative Collins,
22
REPRESENTATIVE COLLINS: Mr. Chairman, I would like
23
to go back to page 22, your number 3 down, Ithere, and if I'm

24
looking at it right it gives either house the right to

25 introduce tax legislation.

PAGE 51

A VOICE.: A pretty good idea.

2

GOVERNOR BUSBEE: At the present time -- I have just

3 asked the same questial\that you're asking -- at the present \
4 time either house can o~iginate the constitutional amendment

5 to increase the homestead exemption. This does away with the

6 necessity of having the constitutional amendment, but it gives

7 the two-thirds vote.

8

Representative Collins.

9

REPRESENTATIVE COLLINS: Mr. Chairman, isn't it true

10 though that it takes a two-thirds vote in either house?

..1:1
Z
11 i= Isn't it farther true that since they're back to the homestead
.oa....

~r; ~

12 ~ exemption you could have some counties like Appling County
did with about eighty percent of their tax digest is on a

! 14 1;; utility, so they can increase theirs to $10,000 through local ::I:

..15 ol legislation here corning from either house, just a majority vote 1:1

;:)

16 ~... and then that tax goes in as a cost on that utility and we're

Q

17 gZ; all paying for that homestead exemption in a county of this

18 nature.

19

GOVERNOR BUSBEE: The point is well taken. Mr.

20 Collins.

21

PillPRESENTATIVE COLLINS: I move that we delete this

22 Number 3 here, or take out the -- in other words, take out the

23 Senate there and leave it to the House.

24

We're not confirming appointments, they do.

25

GOVERNOR BUSBEE: All right. The motion is made to

PAGE 52

delete subparagraph (3).

2

REPRESENTATIVE LEE: He didn't want to delete it,

3 he just wanted to take the Senate out of it. Isn't that what

4 he said?

5

SENATOR HOLLOWAY: What does that do? What is the

6 net effect of that? I mean as I understand it, it can be

7 introduced in either house now.

8

vfuat would be the point in removing it? I don't see

9 what they're affecting by the removal of ito

10

GOVERNOR BUSBEE: I think it would affect something 0

11

'z"
i=
Ill:

If you had

--

.2..

@);~I see it.

SENATOR HOLLOWAY:

I'm sure it would, but I don't

! 14 t;

GOVERNOR BUSBEE: Let me see if I can explain it.

:~r

15 olI Staff listen, and if I'm in error correct me.

'"Ill:
;;)

16 .~..

At the present time when you change these homestead

Czl

17 g exemptions you have to do it by constitutional amendment.

18 The constitutional amendment can originate in either the

19 House or the Senate, it would require two-thirds vote and a

20 two-thirds vote, but it can originate in either house.

21

If you make the change with Subparagraph (3) being

22 in there, this would be by law. By this being by law I think

23 it would have to originate in the House unless you delete it.

24 Is that correct, Mr. Collins?

25

REPRESENTATIVE COLLINS: Right.

PAGE 53

GOVERNOR BUSBEE: It would have the same effect

2 as providing laws subject to the requirement of a referendum

3 as provided in this paragraph must originate in the House of

4 Representatives.

5

You have another provision I want to call your

6 attention to that you're going to --

7

Okay. Go ahead, Mr. Collins, You have already --

8

REPRESENTATIVE COLLINS; I think it should read in

9 line 18 there which states it's not subject to a veto even,

10

GOVERNOR BUSBEE: To make it consistent, what he's

11

"z
j:

talking

about

on

the

veto,

I

hope

that you would at

least

.Io...I..:

@}~I strike that language out about the House and the Senate, You have already adopted the provision, and this is a two-

! 14 thirds vote, but you already have the provision now that on a

I-

'<"l

15

:l: o!l

veto

that

you can send that bill

dmu,

the Governor has

seven

~

;)

16 ~... days and with a two-thirds vote you can override it, but I

Q

Z

17

<l
::

think

when

you

start

exempting

all

this

homestead

certainly

18 you ought to use that process which you've already adopted

19 and not just say you're not going to have any right of veto,

20 period.

21

Is that what you're referring to?

22

REPRESENTATIVE COLLINS: I move we delete the entire

23 section, Number (3) whatever it is, 15 through 19.

24

GOVEP~OR BUSBEE: The motion is --

25

SENATOR STARR: I have a substitute,

PAGE 54

GOVERNOR BUSBEE: The motion is lines 15 through 19

2 which would be all of Subparagraph (3) be deleted, and there

3 was a second.

4

All right. Now there's a substitute motion by

5 Senator Starr.

6

SENATOR STARR: I move that we substitute in lieu

7 thereof, and striking on line 18 "and shall not be subj ect to

8 the Governor's veto."

9

SENATOR HOLLOWAY: Second.

10

GOVERNOR BUSBEE: There is a second. All right,

CzI

11 5Representative Pinkston,

.oa....

@);~

REPRESENTATIVE PINKSTON: Question, Mr, Chairman, I don't interpret Paragraph III to be regarding just

14 >homestead exemptions; I interpret it also to be affecting
1;;

:I:

15 .:l (a) (1) . If we're talkine about just homestead exemptions,

:il
::

16 I~II we may be doing something that we don't want to do,

Qz

17 =

Either way -- I'm not going to argue the point, but

18 it doesn't affect just homestead exemptions,

19

GOVERNOR BUSBEE: Is there anything other than just

20 homestead exemptions provided for in this section, this

21 subparagraph?

22

This only applies to this subparagraph.

23

REPRESENTATIVE PINKSTON: Exemptions from taxation in

24 general. Read Paragraph (a) (1) .

25

GOVERNOR BUSBEE: That would be -- you're correct,

PAGE 55

that would be any exemption.

2

REPRESENTATIVE PINKSTON: Any exemption.

3

GOVERNOR BUSBEE: You're correct.

4

REPRESENTATIVE PINKSTON: I think we need to know

5 what we're doing. I don't have any problem either way, I'm

6 not questioning the motion.

7

If that's where the Governor's veto provision comes

8 in, if it's passed by two-thirds of both houses,. then it shall

9 not be subject to the Governor's veto.

10

MR. HARRIS: I would like to tell the gentleman

z~
11 ~ that I think we're going to suggest that that (3) stay in
f...
@-I12 ~ there, that if it stay in there that it be limited to the Subparagraph (2).

! 14 ...

GOVERNOR BUSBEE: I think what you're saying, the

~

:I:

15 ~ laws subject to the requirement of Subparagraph, to the

~

'~"

16 ~ requirement of a referendum under Subparagraph (2) of this

oz

<l(

17 :: paragraph. Is that what you're saying?

18

MR. HARRIS: Yes, sir.

19

GOVERNOR BUSBEE: That would take care of what

20 Representative Pinkston was talking about.

21

All right. In order to perfect the paragraph, is

22 theye any objection to adding laws subject to the requirement

23 of a referendum under Subparagaph, as provided in

24 Subparagraph (2) of this section? Is there any objection to

25 adding that? That would just be on homestead.

PAGE 56

If not, that's so amended,

2

All right. Now we have a motion that the entire

3 paragraph be stricken, then we had a substitute motion that

4 you strike the words "shall not be subject to the Governor's

5 veto," so the substitute motion

I don't know if that would

6 be an entire substitute, you could consider that as one

7 motion and then --

8

All right, Senator Starr.

9

SENATOR STARR: My motion would include the

10 Subparagraph (2) provision that you talked about,

"z

11 ~

GOVERNOR BUSBEE: Right.

o......

.@~1I/ SENATOR STARR: I think the substitute motion then is in order to be voted on first,

1

14 >-
!;;

GOVERNOR BUSBEE: All right, the substitute motion.

:z:

15 011

All right. Senator Reynolds.

"
::;)

16 .~..

SENATOR REYNOLDS: Mr. Chairman, in the event that

zQ

17 ~ we adopt Senator Terrill's substitute motion there, his

18 amendment, that would put us in the same status in which

19 we've been operating all these years; is that not correct?

20

VOICES: No.

21

SENATOR REYNOLDS: Senator Ballard said he was going

22 to ask you a question.

23

SENATOR BALLARD: Now the Governor cannot veto a

24 local constitutional amendment such as this.

25

SENATOR REYNOLDS: If we struck it out, it would put

PAGE 57

us in the same posture we've been in all this time.

2

GOVERNOR BUSBEE: He's saying we do have a method

3 now of overriding it, of course by the same two-thirds vote.

4 Substantially you're correct as far as the House and the

5 Senate are concerned, yes.

6

SENATOR REYNOLDS: Right.

7

GOVERNOR BUSBEE: Representative Phillips.

8

REPRESENTATIVE PHILLIPS: Wouldn't it be a substantia

9 change in that now you can introduce taxes in the Senate as

10 relating to the constitution, so that now you're moving here
11 t":z to introduce taxes by law, and so under this you would be
..o....
~--- !12 ~ grantingrthe Senate the power to introduce legisiation by statute as well as where they've had the power by the

.

! 14 constitution.

t;

":zl::

15 ~

GOVERNOR BUSBEE: Let me just tell you the simple

"'";:)

16 ~III matter without taking any side on the issue. Presently the

:oz

17 ~1Il homestead exemptions are given by constitutional amendments

18 which can originate in either the House or the Senate, it

19 requires a two-thirds vote. You have a law, if it's a law on

20 revenue then it can only originate in the House.

21

Now, if you go the whole scenario the way we're

22 approaching this now and do away with all these constitutional

23 amendments and provide for a two-thirds vote by law, then you

24 would be saying that only the House could do it unless you had

25 this provision in there, but presently the Senate can do it.

PAGE 58

Representative Burruss.

2

REPRESENTATIVE BURRUSS: Mr. Chainnan, I would like

3 to offer another substitute motion which might address all of

4 this, a new Section III which would read:

5

"Lmvs subj ect to the requirement of a referendum

6

as provided in Subsection II above and this sub-

7

paragraph must originate in the House of

8

Representatives."

9

A VOICE: Second.

10

GOVERNOR BUSBEE: All right. Now, the motion is a

Iz!I
11 ~ substitute to the substitute. You realize that would be the o A-
9-1lii 12 ~ end of the substitutes under parliamentary procedure, so that would be the effect of that motion.

! 14 :;;
:<zC:
15 ~ ~
~
16 ~
aIII
%
17 ~

Is there a second? (Motion seconded.) GOVERNOR BUSBEE: It was seconded. Now discussion. All right. Senator Reynolds.

18

SENATOR REYNOLDS: I want to make a substitute to

19 his motion, but that's out of order.

20

GOVERNOR BUSBEE: It would be out of order.

21

SENATOR REYNOLDS: I can't do it.

22

Is it not true that if we vote all these down except

23 the one that we adopted, then we would be in the same posture

24 under which we have operated all these years, and that's what

25 we should do.

PAGE 59

GOVEro~OR BUSBEE: All right. Senator Kidd.

2

SENATOR KIDD: Mr. Governor, if we vote it down,

3 voted down the original motion, the substitute and the

4 substitute to the substitute, we could still come back and

5 offer another amendment going with the paragraph as

6 originally drawn with the exception of adding homestead

7 exemptions where you could veto it?

8

GOVERNOR BUSBEE: No. The parliamentary procedure

9 would be this: You have a substitute motion to a substitute.

10 In the event that's voted down, we would go to the substitute;

11 5"z in the event that's voted down we would go to the main motion.

e ; ;..o....

A VOICE: Let's go on and vote. SENATOR KIDD: Then you could reconsider, though.

14 ~

GOVERNOR BUSBEE: We can always reconsider and I

!;;

15

:r
olI

think we're

going

to

have

to.

"ClI:
:>

16 .~..

All right. Representative Burruss' motion is that --

Q

17

Z :

Is

there

any

further

discussion?

18

Any objection to ordering the previous question?

19 Hearing none, it's ordered.

20

All in favor of the Burruss substitute to the

21 substitute motion rise and stand until you're counted.

22

(A show of hands.)

23

GOVERNOR BUSBEE: All right. Reverse your position,

24

(A show of hands.)

25

GOVERNOR BUSBEE: All right. The ayes in the House

PAGE 60

are 18, the nays are three; in the Senate the ayes are zero,

2 the nays are 21"

3

Having failed to adopt that, the next question will

4 be on the amendment, the substitute motion of Senator Starr.

5 Does everybody know the question?

6

A VOICE: Restate that"

7

REPRESENTATIVE COLLINS: Mr. Chairman.

8

GOVERNOR BUSBEE: Representative Collins.

9

REPRESENTATIVE COLLINS: Isn't it true now if we want

10 to get back on back to the first one we've got to vote this

"%

11

j:
~

one

down?

2...

~ 12~

GOVERNOR BUSBEE: That's right. All in favor of this

~ri! amendment rise and stand until you're counted.

14 Ii;

(A show of ha~ds.)

%

15 olI
"~
::l
16 ~ III Q

GOVERNOR BUSBEE: All opposed to this. (A show of hands.)

% 17 :;

A VOICE: ~fuat are we voting on?

18

GOVERNOR BUSBEE: State your amendment.

19

SENATOR STARR: Laws subject to the requirement of

20 of a referendum as provided in Subparagraph (2) may originate

21 in either the House -- in the Senate or the House of

n Representatives, period.

23

GOVERNOR BUSBEE: That would be the effect of it,

24 but that would be --

25

All right. So his motion is that either the House

PAGE 61

or the Senate be able to originate it and strike out the veto

2 part,

3

SPEAKER lIDRPHY: That's what his motion is.

4

GOVERNOR BUSBEE: That's correct, You're right.

5 It was seconded,

6

All right. Senator Holloway.

7

SENATOR HOLLOWAY: His motion also refers to

8 Paragraph (2) to clarify that situation where it concerns

9 homestead exemption only.

10

GOVERNOR BUSBEE: That was adopted, though. We

@;;11

z"
joa....::..

adopted

that

as

part

of

the main motion.

amendment we adopted it.

All right.

a As technical

! 14

SENATOR HOLLOWAY: It had to be a part of his motion

t;

:<zl:

15 q to be a substitute.

"a:
;;;)

16 .~..

GOVERNOR BUSBEE: Do yo consider that part of your

Czl

17 : substitute?

18

SENATOR STARR: Governor, I withdraw the substitute

19 because it's obvious the House is not going to vote for it,

20 so we'll vote on something else. Wait a minute.

21

GOVERNOR BUSBEE: Are you withdrawing it or not

22 withdrawing it?

23

SENATOR STARR: Let's vote on it.

24

GOVERNOR BUSBEE: We'll vote on it.

25

All in favor rise and stand until you're counted.

PAGE 62

(A show of hands.)

2

GOVERNOR BUSBEE: All opposed. Reverse your position.

3

(A show of hands.)

4

GOVERNOR BUSBEE: In the House the ayes are zero,

5 the nays are 26; in the Senate the ayes are 12, the nays are

6 eight. The amendment is lost,

7

We're back now to the main provision.

8

SENATOR HOLLOWAY: t~at is the main provision?

9

GOVEro~OR BUSBEE: We're back to the main motion of --

10 was it Mr. Collins -- just to strike all of Subparagraph (3).

I:J

Z

11 j:
o..'"....

All right. There was a second to that motion, Now

12 '" we have discussion on that motion, Any discussion?

@ ~

rl
14!

t;

SENATOR HOLLOWAY: Call the question, GOVERNOR BUSBEE: All right. Any objection to

<:zC:

15 oll ordering the previous question?

I:J

'~"

16 ~...

Hea~ing none, itfs ordered.

a

z

<C

17 : stand until you're counted,

All in favor rise an

18

REPRESENTATIVE LEE: What's the motion?

19

GOVERNOR BUSBEE: To strike the entire Subparagraph

20 (3) .

21

(A show of hands.)

22

GOVERNOR BUSBEE: Reverse your position.

23

(A show of hands.)

24

GOVEm~OR BUSBEE: All right. Give me your votes.

25

In the House the ayes are 24, the nays are zero;

PAGE 63

in the Senate the ayes are zero, the nays are 21. The

2 motion is lost.

3

All right. Is there any objection to proceeding

4 subparagraph by --

5

SPEAKER MUP~HY: Hold it. You've got to adopt the

6 thing now. There's where you get your conference committee 0

7

SENATOR HOLLOWAY: That's right. Why don't we just

8 short-circuit it and go to a conference committee?

9

SENATOR BARNES: I think it's pretty evident. I

10 move we adopt the same votes.

"z
11 j:
..'o"....

GOVERNOR BUSBEE: Is there any objection in view of

@;I the vote to referring this to a conference committee? A VOICE: No objection.

! 14 ...

A VOICE: A subcommittee or a conference committee?

'"

:r

15 .:I

GOVERNOR BUSBEE: A subcommittee 0 It will be the

"'~"

16 .~.. same effect, because the report can be amended. Any objection?

azQ
17

SPEAKER MURPHY: Wait.

18

GOVERNOR BUSBEE: Mr. Speaker.

19

SPEAKER MURPHY: Have you adopted Paragraph II,

20 Subsection (a)(l)? Is there any objection to adopting

21

GOVERNOR BUSBEE: I was just going to ask if there's

22 any objection to proceeding subparagraph by subparagraph and

23 referring what we don't agree on.

24

All right. If not, we'll proceed subparagraph by

25 subparagraph.

PAGE 64

Is there a motion we adopt Subparagraph (a)?

2

MR. HARRIS: (a)(l).

3

GOVERNOR BUSBEE: (a)(l) that is.

4

A VOICE: Noved.

5

SENATOR STUMBAUGH: Parliamentary inquiry. \~at

6 would be the posture if we went subparagraph by subparagraph

7 and we adopt them all but number (3), then having in effect

8 left Number (3) out by inaction because we didn't take it as

9 a whole, and the Senate loses its position.

10

GOVERNOR BUSBEE: I think your observation is

11

";z:
...oe..r.e.

something

that

should

be

reflected

on by

the

Senators.

G " : i SENATOR ST~1BAUGH: I object to the vote by

! ~/~ subparagraph.

14 ...

GOVERNOR BUSBEE: All right. There's been no

':~z":

15

,l)
":'"I

motion.

I'll

ask

for

your

objection when

there

is

a motion.

16 .~.. There is no motion we proceed by subparagraph .

Qz

17 :

REPRESENTATIVE LEE: I move adoption of Paragraph

18 (a)(l) or (l)(a), whatever it is.

19

SENATOR HOLLOWAY: We're just wasting time, Hr.

20 Speaker.

21

REPRESENTATIVE LEE: I move, Nr. Chairman, we adopt

22 them paragraph by paragraph.

23

A SENATOR: I object.

24

GOVERNOR BUSGEE: All in favor say aye.

25

(Ayes. )

PAGE 65

(Nos.)

2

GOVERNOR BUSBEE: It's quite obvious it's unanimous

3 in the House it's affirmative and in the Senate it's negative,

4 so it's defeated.

5

All right. Representative Burruss.

6

REPRESENTATIVE BURRUSS: Mr. Chairman, I think we're

7 getting away from rules which we have been following throughout

8 this procedure.

9

We have been taking all other sections paragraph by

10 paragraph, and taking a vote as we're going.

Iz!I

11 ~

GOVERNOR BUSBEE: That's what we're doing here.

.o..

~--- ~12 ~ We're still going paragraph by paragraph by paragraph unless there's a motion to go by section. We're only considering

14 ~ Paragraph Two is all we're considering now. There was a

':z":

15 : motion we go by subparagraph 0

cr:

:)

16 ~

REPRESENTATIVE BURRUSS: The division seems to be

oz

17 -~ that we don't take it paragraph by paragraph. Is,that your

18 interpretation of the motion that was just voted?

19

GOVERNOR BUSBEE: No. I think the motion was to go

20 subparagraph by subparagraph, and it passed in the House and

21 was defeated in the Senate.

22

REPRESENTATIVE BURRUSS: \Vhat kind of motion do you

23 want to take action on the things we agree on?

24

GOVERNOR BUSBEE: I think what we're going to have to

25 do is to defer this until after lunch and --

PAGE 66

SPEAKER MURPHY: Governor, members of the committee,

2 it appears to me that if we don't adopt Pargraph II then the

3 committee, the conference committee is going to have to

4 consider all of the subparagraphs of that,

5

If you adopt the subparagraphs, you limit your

6 conference committee to the one you want them to discuss and

7 limit their discussion, and that's the purpose of us trying to

8 get subparagraph votes where we'd know what you gentlemen

9 had agreed to.

10

GOVERNOR BUSBEE: Senator Holloway.

"z

11 i=
..Io..I..:

SENATOR HOLLOWAY: By the same token, Mr. President,

@;I if we adopt the other paragraphs and don't adopt Paragraph (3), we assume we've adopted everything except Paragraph (3)

! 14 !;; and I won't want that assumption before this committee.

~

%

15 .:.

A VOICE: That's right. That's the problem.

"Ill:
;:)

16 ~...

SPEAKER llliRPHY: Of course you can't adopt the artic1

izCl

17 : until you adopt the whole thing.

18

SENATOR HOLLOWAY: If we adopt (1), (2) and (4),

19 Mr. Speaker, we have adopted that and accomplished the House

20 position by eliminating (3).

21

SPEAKER MURPHY: No, sir, you would have a conference

22 committee on (3).

23

SENATOR HOLLOWAY: You know how you can eliminate tha

24 rule. A conference committee don't necessarily get us

25 anywhere.

PAGE 67

SPEAKER MURPHY: I don't have any input in that body

2 over there, so I can't eliminate it.

3

GOVERNOR BUSBEE: Representative Burruss.

4

REPRESENTATIVE BURRUSS: Hr o Chairman, I move that

5 Paragraph II in its entirety be assigned to a subcommittee 0

6

GOVERNOR BUSBEE: The motion is made. Is there a

7 second?

8

(Motion seconded.)

9

GOVERNOR BUSBEE: Senator Stumbaugh seconds. Is

10 there objection?

"z
11 .o.cj..o:..:

Hearing none, it is so referred.

e;~ SPEAKER MURPHY: All right. I put Mr. Collins, Mr. Burruss and Mr. Lee on this committee.

14 !......

GOVERNOR BUSBEE: All right .

x<l(

15 olI
"co:
::>

LT. GOVERNOR MILLER: I put Mr. Barnes, Mr.

16

.~..
az

Holloway

and

Senator

Howard .

<l(

17 ::i

GOVERNOR BUSBEE: All right. You have heard the

18 subcommittees.

19

SENATOR BARNES: I can tell you what the vote is.

20

GOVERNOR BUSBEE: We're going much slower on this,

21 but we have two very important decisions here, and one is going

22 to be this classification. I hope we can resolve this during

23 the lunch hour. The subconiffiittee will meet while the rest of

24 us aye eating and come up with a result at one o'clock o

25

We're going to have to kind of speed up this

PAGE 68

process, and I don't want to mov~ too quickly on these 2 important issues, but kind of read ahead. If you've got some

3 questions on this, you might discuss it during the lunch hour.

4

All right. We will stand in recess until one o'clock.

s

(vfuereupon, at 11:55 a.m. a luncheon recess was had

6 until 1:00 p.m.)

7

++++

8

9

10

18 19 20 21
22
23 24 2S

PAGE 69

AFTERNOON SESSION

2

1:25 p.m.

3

GOVERNOR BUSBEE: All right. Will everyone please

4 take your seat? We are going to start.

5

Mr. Lee, have a seat, please.

6

REPRESENTATIVE LEE: Thank you, sir. Oh, thank you.

7

GOVERNOR BUSBEE: If I could, before we start our

8 deliberations, in view of some of the discussion this morning

9 I would like to ask leave of you to kind of make an observa-

10 tiona

"z
11 j:
..'o."....

During my press conference this morning I was asked

among other things about the status of the work that you have

@;i done on the constitution and whether I thought that you had

~ 14!t; been successful in your endeavors thus far and what the

~:z:

15 ~ prospects looked like for the remainder of the constitution

"'";;)

16

.~..
zc

on

the

last

two

articles

and

the

things

you

have

out .

~

17 ::

I said at this time I thought you had done a

18 yeoman's job and while there are certain things that have

19 been passed that I don't necessarily like, I'm sure that

20 every member of this commission feels the same way that if

21 he could write it exactly as he \vanted it he would possibly

22 make some changes, but I thought we had a constitution that I

23 could go out and campaign for the passage by the people.

24

We have had some developments this morning that I

25 would like to bring to your attention.

PAGE 70

We have throughout, as narrow as this constitution

2 has been, we have tried to shorten it, we have attempted to

3 go back and review all those provisions that have been added

4 basically that took away from the legislature the power to do

5 certain things and so-called safeguards in the constitution,

6

The way we have proceeded thus far, we have

7 identified some -- after providing for home rule, after

8 providing for many things to be done now by acts of the

9 General Assembly, we put in safeguards in some of the sensitive

10 areas like corporate limit expansions and the mergers; we have

11 "5z provided in these sensitive areas for a referbdum to be given
.2..
" to the people, but not have the necessity of going through
@;i some constitutional amendments.

! 14 $

I think that's all well and good, but we're to a

:s:

15 01) section now that I think the public has more interest in, and
~ :
16 .~.. that is on taxes, ad valorem taxes in particular, than just

Dz

= 17 about any other area of the constitution. It's a most sensitiv~

18 area,

19

Now, if you take what we are considering on page 2

20 when we start talking about the classifications of this 21 property, I have a problem with the way that this is now being 22 presented here, and also with some of the amendments that are

23 being offered,

24

We have had a lot of discussion about separate

25 classifications for motor vehicles and trailers and mobile

PAGE 71

homes. You had a separate provision in the constitution about

2 public uti1ites not being taxed at a greater rate than other

3 properties; that was a safeguard, it was in another section

4 of the constitution.

5

As we go about. reorganizing the constitution, they

6 have brought that forward to put in this class.

7

When you add on page 3, Subparagraph (3) about

8 different rates, methods and assessment dates for different

9 classes of property may be provided for by law. All right,

10 now what you have done even if you were to adopt it even as

ez"
11 5 proposed and without considering any of the amendments that ..o....
~--- I12 ~ you have, I think you would make a bad mistake to adopt it as it's written, and for this reason:

! 14 tx;:

Under motor vehicles you do have that application

15 : where they have different rates. I'm worried about the term

'";:)
16 ~ '"'rates'~' which is new as far as utilities are concerned when D %
17 : you bring it forward, but you do have a different rate when

18 it comes to motor vehicles.

19

Now, your present provision is that you can assess

20 them at the millage rate of the previous year, and there was

21 good reason to do that, so I have no qualms about it, but if

22 you bring this forward and put the utilities in the

23 Subparagraph (c) above Subparagraph (3) and you make this 24 applicable to uti1ties, then you're taxing utilities at a

25 lesser rate than you could other properties.

PAGE 72

Now, you do have to have a different method of

2 assessment if you're going to have on the utilities -- you 3 have a rai~road that runs through many, many counties, there

4 has to be some method of assessing it, but once it's assessed

5 it's got to go to a millage rate, and they don't have this

6 benefit. I think that would be a grievous error.

7

The other thing that would gut this constitution in

8 my effect as far as the public is concerned is to take them 9 out of the deliberations on classifications of property. 10 I think we in the past .have been able to justify to the people

a need for some property classifications, but never have we

attempted to take from them this right, and while there are

some additional classes that possibly should be considered,

and I know that many of you feel strongly that in certin areas

we do need to consider that, but you still provide for a

two-thirds vote in here, so I think it would be much wiser

if we could continue as we have before that you have the 18 two-thirds vote to pass it here and still let the people vote 19 on it by way of a constitutional amendment, because any time 20 that you fail to do this all that you are doing, whether you 21 limit it to four or five or six classes or whatever, is 22 you're going to have the interest groups that have the 23 strongeest support to be here really lobbying to exempt 24 something or give a lower classification and of course 25 somebody picks up a load as Mr. Collins says about Appling

PAGE 73

County affecting the balance of the state, so I would say that,

2 and I had this typed up, and I'm not making a motion because I

3 can't, but if you would take and I just offer this for

4 your consideration, if you feel this way -- that the people

5 when you reclassify ought to be able to be heard from, then

6 I would suggest you consider looking at page 2, line 29,

7 and retaining what you have in there about the (a) motor

8 vehicles including trailers,- retain what is in Subparagraph

9 (b) which is presently in the law, mobile homes other than

10 those mobile homes which ~ualify the owner of the home for

r@);;11

"z

j:
'~."..

a

homestead

exemption

from

ad

valorem

taxation,

then provide

on Paragraph (c) a slight change:

.~ 14!

Property owned by public utilities: Such

In

property 'may not be taxed on a greater assessed

:I:

15 .:I

"'":;)

percentage of value, or at a higher or lesser rate of

16

~...
az

taxation

than

other

properties.

You would be adding the

17 :

words after "Higher" "or lesser."

18
Then on Subparagraph (c) -- (3) I mean where it is

19
talking about those different rates, then do what you presently

20
do as far as your motor vehicles, and I had this typed to

21
where you could have it for your consideration and if anybody

22
feels it's worthy of a motion, and I will read it while he's

23
handing it out.

24
There would be a subparagraph (3) that would read:

25
Different rates, rates or assessment dates for

PAGE. 74

the taxation of property classified pursuant to

2

Subparagraphs (a) and (b) above may be provided

3

by law.

4

That would retain it as you have now where you could

5 use your last year's millage rates for that.

6

Then (4) would be to paraphrase what you now have in

7 the constitution on page 48 of the constitution and provide

8 different methods, time of returns, assessment, payment and 9 collection of ad valorem taxes for property classified pursuant 10 to (c) above may be provided by law.

That's what you would have as far as the utilities.

I've had this typed out where everybody could have a copy of

it.

Then you would leave it where the utility doesn't

have any benefit, you would still have the method whereby if

you want to add this class it would get the two-thirds vote

which you're providing for here, but it would have the one

18 additional feature of the people being able to vote on this

19 new classification.

20

In my opinion if we were to pass something that just

21 gave unlimited power to the legislature to make these property

22 classifications for the rate differences, then the people are

23 not going to ratify this constitution, so I just wanted to

24 make this observation.

25

There's no way I can make a motion, but now if you

PAGE 75

take the balance of what preceded that on page 2, when you go

2 up there to Subparagraph (2) and you're talking about

3 occupational license fees, there's no controversy about this.

4 Most of the large counties have this by local constitutional

5 amendment; I have heard no discussion about it in opposition,

6 and I think it's really an improvement on what you now have,

7 but there's no controversy there.

8

You would have then if you could adopt and dispose of

9 the balance of this paragraph about the classification of

10 property, I think you would serve the people well.

"z
11 j:

I have not made too many observations, but I was

'o.."....

@;I asked by the press this morning how I felt about the work that you've done. I think it has been very good up to this time.

! 14 We have one more article on the judiciary -- if we can really

t;
:z:
15 01) finish this taxation article in a way that the people will

"'"::I
16 .~.. accept, then we're going to come here on August the 24th and

Q

17

Z :

adopt

a

constitution

that

I

think we

can

all

go

out

to

the

18 state and sell, and that the people will be delighted to pass.

19

I just think we're kind of floundering around a.

20 little bit this morning, and I wanted to put this in some

21 perspective, and I feel strongly though that the people will

22 never agree to this unfettered classification of property

23 without being heard from.

24

All rieht. Senator Gillis.

25

SENATOR GILLIS: Governor, what you tell us is to

PAGE 76

come back later with a constitutional amendment for classifica-

2 tion of agricultural land?

3

GOVERNOR BUSBEE: I think this. It will still take

4 two-thirds vote, and you're not trying to escape that,

5 Senator Gillis -- I point this out, in what he's proposing it

6 would take a two-thirds vote to do in both houses, that's all

7 it takes for your constitutional amendment. I would just

8 suggest to you the next step I think the people ought to be

9 able to approve that, and I think the people recognize that

10 the status of agriculture and what we're going to be faced

..11

"z
j:

with

in

the

future,

and which we're facing

to

some extent now,

e;i2 1M that a lot of people would look favorably on it, but certainly
I feel -- and I'm being candid when you ask me -- that that

! 14 ... right should be retained to the people of stamping their

':z":

..15 .:I approval on what you've done.
"~

16 ~ 1M

Representative Collins.

zQ

17 :

REPRESENTATIVE COLLINS: Mr. Chairman, I don't think

18 anybody disagrees that the people should have the right,

19 but my understanding of this constitution, it's going to take

20 two-thirds vote of both houses and the people are going to

21 have to approve it, so I don't see where it would be any harm.

22 at this time to put agricultural lands in there as a special

23 class of property.

24

GOVERNOR BUSBEE: Well, then they're placed in the

25 posture though is all I'm saying -- they would be placed in

PAGE 77

the posture if you bury this in the constitution then it's

2 either an up or down proposition that they include it, but

3 that's up to you.

4

I mean it's certainly germane and you can offer the

5 amendment; I'm just saying that to have some of the proposals

6 I've heard I'm greatly concerned about, and I think the people

7 would be.

8

REPRESENTATIVE COLLINS: Mr. Chairman, if this were

9 the onliest change that was going to be buried in this

10 constitution it would be one thing, but there's numbers of

others, so I can't see why we need to mistreat the rural

people if we're going to have the other changes in the

constitution.

GOVERNOR BUSBEE: All right. Senator Holloway.

SENATOR HOLLOWAY: Mr. Chairman, what the bill that his

been handed us by the staff does is not fully on the surface.

Now, we say that utilities are classified property,

18 we've got farmland the same way, Utilities are not now a

19 classified property. The only reference to utilities in the

20 present constitution is this, that the General Assembly may

21 provide for a different method and time of returns, assessments

22 payment and collection. Now, this was done simply to let the

23 state assess the property and change their pay -- it was for

24 administrative purposes, and it doesn't classify utilities.

25

Now, we get this document on page 4, penciled

PAGE 78

page 21, we notice that property owned by utilities is

2 placed in the (c) paragraph, and then in Item III we read

3 different rates, methods -- the word "rate" doesn't appear

4 in the constitution today in any place.

5

Now hopefully this is an oversight. Hopefully it's

6 an oversight, but you see what we're doing with the document

7 before us would be classifying not only -- well, we would be

8 classifying utilities, then of course we would have a request

9 to classify agricultural property, but at this time utilities

10 are not a classified property. They are only separated in

11

"z
~
'o."..

one

area

of

the

constitution

for

administrative

purposes

so

lU

@);~ that they can be assessed at the state level and so on, and I suggest that we certainly follow the Governor's advice and

14 ..~.... go back to what we have had that has worked so fairly good for

00(

x:

15 .: so many years.

"'";;;)

16 ~ lozU

MR. HARRIS: Mr. Chairman, we had picked up on that

17 ~ at the lunch hour, and we discussed it, and it was not intended

18 by the article committee to change the present law, and it was

19 as the Senator indicated purely an oversight.

20

Instead of going as the Chairman outlined, it seems

21 to me that we could simply take Subparagraph (c) out, then

22 put in the present Paragraph III and add a new Paragraph IV

23 that tracks the language of the present constitution exactly

24 to say that the General Assembly may provide for different

25 methods, then we wouldn't be convoluting, saying (c) and

PAGE 79

referring to an (a) and a (b), and then running back and

2 referring to a (c), just take (c) out as it presently stands

3 and then make the present constitution article or provision or

4 paragraph as a new Paragraph IV, and it will accomplish the

5 same thing.

6

GOVERNOR BUSBEE: Well, let me just say, Mr. Harris,

7 I don't want to get in any moreconfusion o I think if we want

8 .to editorially change it that's fine, and we can let the staff

9 do it, b~t the staff drew this, they did make the statement

10 that it was not their intention when they brought forth the

..11

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j: utilities

and put here

to

give

them

the

opportunity of having

9 ; ;..o..... a lesser rate, and so they drew this that you have before you, so everybody --

! 14 Ii;

SENATOR HOLLOWAY: I move, Mr. Chairman, that we

<C

:J:

..15

01
":;)

editorially

do

what Mr.

Harris

says.

16 .~..

GOVERNOR BUSBEE: The motion is made. If you want to

Qz

17 ~ change where you put the subparagraphs, but the language is her~o

18 Senator Holloway moves that this be adopted which is your

19 handout right here.

20

Is there a second?

21

REPRESENTATIVE LEE: Seconded.

22

GOVERNOR BUSBEE: All right. Representative Burruss.

23

REPRESENTATIVE BURRUSS: Mr. Chairman, we would still

24 be writing a different classification of property into the

25 constitution if we used the format that's suggested here,

PAGE 80

because you refer to different methods and times of returns,

2 assessment, payment, collection and so forth for property

3 classified pursuant to (c) above. (c) above is utilities

4 and you're writing them in as the third classification.

5

GOVERNOR BUSBEE: This is limited to the existing

6 part of what you have in the constitution. It's merely

7 brought forward.

8

Did you want to say something, Charlie? Let Mr.

9 Tidwell respond to that.

10

MR. TIDWELL: The point I wanted to make is that

11

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j:
...ocr:
"-

while

the

constitution

doesn't

specifically

address

public

(@);~i utilities in so many words as a separate class of property under the present constitution, they are indeed a separate

! 14 class of property, you have to break them out and treat them Iii <l( :z:
15 01) differently, and while it's not enumerated like mobile homes
"cr:
;)
16 .~.. and motor vehicles the substance of the present constitution
zQ
17 ~ is that they are a separate and distinct class of tanBible

18 property, and I think that consistent with what the article

19 committee interpreted the present constitution to do and just

20 brought that forward; whether you accomplish it by what the

21 Chairman passed out, or whether you do it the way Mr. Harris 22 has suggested to this lawyer is tweedle-dum tweedle-dee, it's

23 just consistent with what the article committee recommended.

24

SENATOR HOLLOWAY: Mr. Chairman.

25

GOVERNOR BUSBEE: Senator Holloway.

PAGE 81

SENATOR HOLLOWAY: The thing, Charlie, that bothers

2 me about this is that under the current constitution the

3 General Assembly may provide for a different method and time

4 of returns, assessments and payments. Now, in the

5 constitution this refers to public utilities only, and it was

6 done for the purpose of administration so that the state could

7 assess and otherwise.

8

Now, what does the word "assessment" mean? Now, I

9 know what it means in the current constitution, but you're

10 taking public utilities reference out of the current
III Z
11 ~ classification. It's referred to as public utilities to which
.2..
e;~ this exception applies, but now you're making it apply to all property. Is that right? And if so, what does "assessment"

14 E mean in that light? I know in the light of the current

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15 Q constitution it means for administrative purposes, but I

III

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16 .~.. don't know what it means in this .

Q
az
17

MR. TIDWELL: Senator, I think it would mean

18 precisely the same thing, because it's paraphrasing the

19 language in the present constitution.

20

The assessment that you have on utilities now is not

21 done by the local board of assessors, it's done by the State

22 Revenue Commissioner.

23

SENATOR HOLLOWAY: I understand that, and that's

24 permitted by this paragraph.

25

MR. TIDWELL: That's right.

PAGE 82

SENATOR HOLLOWAY: Then you're opening it up to all

2 properties. I'm a little worried about the word "assessment."

3

MR. TIDWELL: Just public utility.

4

GOVERNOR BUSBEE: Classified pursuant to (c) above,

5 it's limited only to utilities and it paraphrases the existing

6 constitution.

7

MR. TIDlVELL: And it significantly leaves out the

8 word "rates" which was disturbing the Chairman and I think a

9 great many members of the committee.

10

SENATOR HOLLOWAY: All right.

"z
11 j:
o..'"....

GOVERNOR BUSBEE: Do you agree with that?

@}':i

.

'/

~

SENATOR HOLLOWAY: Yeah. GOVERNOR BUSBEE: All right. There's been a motion

! 14 ... and there's been a se~ond. Any further discussion?

'-"c

:I:

15 011

REPRESENTATIVE JOHNSON: Would you restate the

"'"::I
16 .~.. motion, Mr. Chairman?

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17 =

GOVERNOR BUSBEE: It's the thing you have in writing

18 before you.

19

REPRESENTATIVE JOHNSON: I've got two or three things

20 in writing, and I just got here.

21

GOVERNOR BUSBEE: It's to amend Paragraph III of

22 Section I as follows: Strike Subparagraph (b)(3) and

23 substitute in lieu thereof the following:

24

(3) Different rates, methods of assessment

25

dates for the taxation of property classified

PAGE 83

pursuant to (a) and (b) above may be provided by

2

law.

3

(4) Different methods and time of returns,

4

assessments, payment and collection of ad valorem

5

' taxes for property classified pursuant to (c) above

6

may be provided by law.

7

That is the amendment he offered.

8

Senator Thompson.

9

SENATOR THOMPSON: In regard to the present

10 constitution, what does this do? In other words, how does

11 "5z it -- what we're voting on, how is that different from the

o...

\II

~-~ ~\ ~ 12

GOVERNOR BUSBEE: It's essentially the same as the

present constitution. You're moving -- for organizational

14 ~I purposes you're placing utilities over here, but you don't

:<zC:

15 ol) change those rates. There is no change in the present

"~
~

16 ~ constitution in the substance. \II

CI

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17 :

Senator Ballard.

18

SENATOR BALLARD: Just so we know what we're doing,

19 let's put that back in about utilities just like it 1s in the 20 present constitution, the same wording so we will know we're

21 not going to make another one of these mistakes.

22

GOVERNOR BUSBEE: If you turn to the constitution

23 and put the wording there, you've got to phrase it where it

24 fits in, and that's what staff attempted to do.

25

The staff paraphrased it, it has to fit into the

PAGE 84

article, but in substance it's the same.

2

MR. HARRIS: You can vote on the issue, and we can

3 put the words down.

4

GOVERNOR BUSBEE: We can come back editorially. We

5 can vote on principle, and that's to leave it as it is.

6

SENATOR BALLARD: Just as it is now?

7

GOVERNOR BUSBEE: That's the purpose of it.

8

SENATOR BALLARD: Let that be the motion.

9

GOVEP~OR BUSBEE: That is the motion to pass this,

10 and then the editorial revision -- he wanted to change the

1:1 %
11 ~ paragraphs, but that's the sense of it.

2...
@;i

All right. Representative Johnson. REPRESENTATIVE JOHNSON: Mr. Chairman, I l;vou1d like

! 14 :..c. to offer a substitute motion on page 4 of the draft to strike

:z:

15 .:I on line 17 "property owned by public utilities" and on line

"a:
:;)

16 .~.. 22 strike

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17

GOVERNOR BUSBEE: Which page are you on now?

18

REPRESENTATIVE JOHNSON: On page 4, line 21 of the

19 way it's written here.

20

MR. HARRIS: Page 21.

21

REPRESENTATIVE HARRIS: Page 21.

22

GOVERNOR BUSBEE: Now I'm on page 21. Now start

23 talking about --

24

REPRESENTATIVE JOHNSON: On line 17 strike "property

25 owned by public utilities", and then drop down to line 22,

PAGE 85

strike the word "such," and make that to read "all property

2 shall be taxed on the same basis, percentage of value" and so

3 on just like the rest of the sentence is right now.

4

It will read "All property shall be taxed on the

5 same assessed percentage of value or at a higher rate of

6 taxation than other properties." The same rate.

7

GOVERNOR BUSBEE: That's going to change now all of

8 your automobiles and trailers and everything.

9

REPRESENTATIVE JOHNSON: We already have up in

10 Subparagraph (a) and (b) we have motor vehicles and motor

homes.

GOVERNOR BUSBEE: I see what you're talking about

now.

REPRESENTATIVE JOHNSON: My point is to get it where

all of it will be taxed or assessed on the same rate. That

removes the public utilities.

SPEAKER MURPHY: Wouldn't (a) and (b) be in conflict

18 with (c), Mr. Johnson?

19

REPRESENTATIVE JOHNSON: Well, it might be, and I

20 suggest we have the staff to draft it where all property

21 would be assessed on the same basis and leave the public

22 utilities and everybody else out of it.

23

I admit to you, and I think all these people know

24 that if you go to setting these things out by classifications

25 you're going to be bombarded by different groups of folks

PAGE 86

coming in here wanting to change their classification, and I

2 think that's the way we ought to proceed.

3

SPEAKER MURPHY: I don't argue that with you, Mr.

4 Johnson. The question is what are we going to do about taxing

5 automobiles and things like we do based on last year's

6 millage, which means that his taxes are at a different rate,

7 and if we didn't have this in there we couldn't do that.

8

REPRESENTATIVE JOHNSON: Subsection (3) under

9 Subsection (c) says different rates, methods of assessment

10 for different classes of property may be provided by law.

..11

"z
i= I

think

that would take

care of

that .

@;;."o.-.

GOVERNOR BUSBEE; We're eliminating that. You see,

~ ~ that's stricken. I don't think what you're proposing -14 t; I think what's proposed here in the sense of this motion is

<l

:I:

..15 ~ to leave it like it is now in effect.
";:)

16 ~...

REPRESENTATIVE JOHNSON: Okay. I withdraw my motion .

Q

Z

<l

17 :I

GOVERNOR BUSBEE: He withdraws it.

18

A VOICE: Move the question.

19

The motion is seconded. Is there objection to

20 ordering the previous question?

21

If not, all those in favor rise and stand until

22 you're counted.

23

(A show of hands.)

24

GOVERNOR BUSBEE: Reverse your positions.

25

(A show of hands.)

PAGE 87

SPEAKER MURPHY: Boss, you can't vote but once.

2

LT. GOVERNOR MILLER: Neither can Culver.

3

SENATOR BARNES: That's nothing new for Culver.

4

GOVEP~OR BUSBEE: All right. The ayes in the House

5 are 21, the nays are zero; the ayes in the Senate are 12, the

6 nays are four. It's adopted.

7

Let me ask you, we had a conference committee that

8 was supposed to skip lunch. Did you all meet? Are you ready

9 to report?

10

REPRESENTATIVE BURRUSS: (Shook his head.)

z~

11 oa.j.::.

GOVERNOR BUSBEE: Just a minute. Stick here with me

-

12 ~ just a minute.

@rl

(Pause. )

14 ~

GOVERNOR BUSBEE: Mr. Burruss pointed out that we

!;;

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15 ~ did not really take a motion on one thing that I know you all

~ a:

::I

16 ~ agree on, and I read it, but it's not a part of this in

oz

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17 g'l:vriting.

18

Goins back to Paragraph (c) on page 3 there were it

19 says on public utilities at a higher or lesser, that was to be

20 added and was not a part of the motion. Do you move that, A1?

21

REPRESENTATIVE BURRUSS: Yes.

22

(Motion seconded.)

23

GOVERNOR BUSBEE: Moved and seconded. Is there

24 objection? If not, add that editorially.

25

It's adopted. Thank you, A1.

PAGE 88

REPRESENTATIVE COLLINS: Mr. Chairrnan.

2

GOVERNOR BUSBEE: All right. Mr. Collins.

3

REPRESENTATIVE COLLINS: Being a country boy and

4 sort of slow, when you put that higher or lesser in there

5 then that fixes it where you can't have any special class of

6 property because --

7

GOVERNOR BUSBEE: That's only on utilities.

8

REPRESENTATIVE COLLINS: Yes, sir, but if you give

9 any other one lower, then how are you going to keep the

10 ., utilities on a higher or lower?

%

11 j: Ill:

GOVERNOR BUSBEE: This merely provides that they

.2..

@;~ won't pay any lesser rate, everybody at the same rate. Just a minute. Charlie says we might have messed up.

! 14 ... We want to just stop and go real slow now. Just hold on,

':z":

15 0& everybody be at ease just a minute.

"Ill:
:;)

16 .~..

(Pause. )

Q

%

17 ::

GOVERNOR BUSBEE: All right. Go to the next

18 paragraph. We may need to make an amendment on reconsideration,

19 they're checking the language now on that.

20

Go ahead, Hickey. Everybody give your attention now.

21

MR. HENRY: Okay. Paragraph II was put into

22 conference committee before lunch, and we're on page 22 now.

23 If you will, skip over to page 34 because page 22 through 34

24 is all the language you would be eliminating or would be made

25 unnecessary by this new method of granting exemptions by

PAGE 89

general law.

2

Paragraph IlIon page 34 is an editorial revision

3 of the present freeport amendment which allows property tax

4 exemptions to be granted at the local level under the freeport

5 procedures. Principally there has to be a referendum to allow

6 the exemption, and this exemption is only for inventories of

7 goods in the process of manufacture or production, and

8 inventories of finished goods, so you have to have a referendum

9 to grant it, you have to have a referendum to revoke it, but

10 that referendum can only take place after five years, and if

at that referendum it is revoked the revocation is only

effective after five years, so this is an editorial revision

of the freeport amendment.

A lot of the procedures, the administrative pro-

cedures were left out to be provided for by law, and you can

see that as we go from here to page 37, and all the omitted

language is the procedures which were currently provided in

18 the constitution which are to be provided for by law.

19

Page 37 is the method for revoking the exemption,

20 ~nd then on pa~e -- turn over to page 37, line 32, this is

21 the language I was talking about, "The implementation,

22 adminstration and revocation of the exemptions" shall be

23 provided for by law, and then it provides that until changed

24 by law the grant of the exemptioh shall be subject to the

25 same conditions, limitations and definitions as provided for

PAGE 90

the grant of the exemption in the constitution of 1976.

2

GOVERNOR BUSBEE: All right. This is again looking

3 at Paragraph III is where we've taken the basic provisions

4 on inventory, left that as a constitutional provision, but

5 on all these administrative procedures you leave it up to the

6 general legislation,

7

Is there any question on Paragraph III?

8

Representative Pinkston.

9

REPRESENTATIVE PINKSTON: Are we talking about

10 Paragraph IlIon page 2 penciled figure 19?

11R, HARRIS: Page 34.

GOVERNOR BUSBEE: It's page 34. We're using the

strike -- You've got a clean copy of the first of this.

Look at page 34 down there in pencil, page 34. We're using

the strike and underlined version on this Paragraph III,

Page 34.

MR. HARRIS: Exemptions which may be authorized

18 locally.

19

REPRESENTATIVE PINKSTON: I'm still at Paragraph III

20 on page 2 .

21

11R. HARRIS: You're not looking at the strike and

22 underlined version, Frank. If you'll look over at page 34 --

23

REPRESENTATIVE PINKSTON: I've got 34.

24

SENATOR HOLLOWAY: 37 we're on.

25

GOVERNOR BUSBEE: Page 34.

PAGE 91

MR. HENRY: Paragraph Roman numeral III.

2

GOVERNOR BUSBEE: It starts off at the top "Exemptions

3 which may be authorized locally," and that's on page 34 of

4 your strike and underlined version.

5

Do you follow that now?

6

You have heard the explanation of Paragraph III.

7

All right. Representative Burruss.

8

REPRESENTATIVE BURRUSS: Question, please. On the

9 wording "taxation levied for educational purposes and for

10 state purposes," could that be construed that the governing

11 ~IzII authority could exempt the taxpayers from the quarter mill
..o....
~--- I12 ~ limit, quarter mill levy? What do you mean by state purposes? MR. HARRIS, That's what it would mean. and that's

.

I

14 >- what the present provision is.

t:z;:

15 ~

REPRESENTATIVE BURRUSS: The local governing

III Ill:
:;)
16 ~ authority cannot exempt the quarter mill.

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17 ~

MR. HARRIS: "The governing authority of any

18 county or municipality, subject to the approval of the

19 electors of such political subdivision exempt from ad valorem

20 taxation, including all such taxes levied for educational

21 purposes and for state purposes, all or any combination of

22 the following types" and so forth.

23

REPRESENATlVE BURRUSS: Is this just applying to the

24 freeport law?

25

MR. HARRIS: Yes, it is.

PAGE 92

REPRESENTATIVE BURRUSS: I didn't understand that.

2

MR. HENRY: It's just talking about inventories of

3 goods in the process of: manufacture or production and

4 inventories of finished eoods.

5

GOVERNOR BUSBEE: It's limited to that, AI.

6

Okay. Representative Collins.

7

REPRESENTATIVE COLLINS: Can you still have the

8 production in there for the businesses? You know, in the

9 original act we had it where when they passed it they had to

10 go over at least five years, and then they had another vote,

11

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j:
'2."..

it would

give

them

five

more

years

before

it

come

out.

Is

(@);~i it still in there? HR. HENRY: Yes.

! 14 I-

REPRESENTATIVE COLLINS: You've still got it where

':"z:

15 olI they can have the twenty percent, forty, sixty or eighty or

"'::">

16 ~.oz.. a hundred percent?

17 ::

MR. HENRY: Yes. The twenty, forty, sixty, eighty-

18 percent thing will be provided for by law. Now, the ability

19 to revoke the exemption or the ability to have the initial

20 referendum, and then you've got to wait five years before you

21 can have a referendum on revocation, and then if you revoke in

22 that referendum the revocation can't take place for five years;

23 those are all provided for in the constitution, so those are

24 constitutional protections.

25

The other constitutional provision provided for is

PAGE 93

that you're only talking about inventories of goods in the

2 process or manufacture or production and inventories of finished

3 goods.

4

The rest of it would be provided for by law, and

5 until changed by law it would be pursuant to the provisions

6 of the constitution of 1976.

7

GOVEP~OR BUSBEE: All right. Further questions?

8

Okay. If not, is there objection to the adoption

9 of Paragraph III?

10

Hearing none, it's unanimously adopted.

Next paragraph.

MR. HARRIS: Paragraph IV, Page 38.

MR c HENRY: On page 38 we're talking about Paragraph

III(b). This is another exemption, property tax exemption

which is currently in the constitution, and it has to do with

solar energy heating and cooling systems, and the reason this

was put specifically in there is because it has an expiration 18 clause in it in the present constitution of July 1, 1986, so 19 that we didn't want to put it in the catch-all clause because

20 it does in fact expire July 1, 1986.

21

GOVERNOR BUSBEE: Okay. Is there a motion on it?

22

A VOICE: Moved.

23

A VOICE: Second.

24

GOVERNOR BUSBEE: Any discussion?

25

If not, is there any objection?

PAGE 94

Hearing none, it's adopted.

2

Next.

3

MR. HENRY: Okay. Paragraph IV is the grandfather

4 clause which says that the types of exemptions from ad valorem 5 taxation provided for by law on June 30, 1983 are hereby

6 continued in effect as statutory law until otherwise changed 7 by law, so that all the exemptions that are currently in

8 existence are grandfathered in until changed by that procedure 9 I was telling you about earlier in Paragraph II which would

10 authorize you to change the exemption by a two-thirds vote and

11

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j: a:

a

referendum of

the

people.

@;:if...

GOVERNOR BUSBEE: Is there a motion? REPRESENTATIVE LEE: Hoved.

~ 14!

GOVERNOR BUSBEE: Second?

t-c;

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15 olI

A VOICE: Seconded.

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16 .~..

GOVERNOR BUSBEE: Discussion? If not, is there

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17 ~ objection to the adoption of the paragraph?

18

Hearing none, it's adopted.

19

Next.

20

MR. HENRY: Okay. In the 1980 election, if you'll

21 turn to page 98, page 98 through 100 was an amendment that was

22 ratified at the 1980 general election which changed I believe

23 some of the income requirements for homestead exemptions for

24 people over 65 years old, and those amendments would not need

25 to be incorporated into this document because of the fact of

PAGE 95

the grandfather clause. I was just pointing that out.

2

GOVERNOR BUSBEE: There's no action required on it.

3 Next.

4

MR. HENRY: Okay. Section III is a substantial

5 change from the present constitution.

6

A VOICE: vfuat page are you on?

7

MR. HENRY: I'm on page 38, Section III, Paragraph I,

8 Taxation, Purposes for Which Powers may be Exercised.

9

The committee provided that the power of taxation

10 may be exercised for any purpose authorized by law. Currently

11

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j:
.'oa".:.

you

have

a

provision

in

the

constitution which

says

that

the

9 ; i power of taxation may be exercised only for a list of 13 enumerated purposes. The committee felt that these enumerated

.

E 14 I purposes didn't restrict the appropriations process to any

~ :I:
15 o:l great extent, if any, and that they decided that the expenditure
"a:
;:)
16 ~... of tax revenues should be for purposes as provided by law .
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17 :

MR. HARRIS: Mr. Chairman.

18

GOVERNOR BUSBEE: Go ahead, Mr. Harris.

19

MR. HARRIS: Jim Martin who chaired that subcommittee

20 is here, and I"would like if the Chair would recognize him to

21 have him discuss the rationale behind this as well as the

22 point that the Attorney General made this morning with respect

23 to public purpose.

24

GOm~RNOR BUSBEE: Mr. Martin.

25

MR. }~TIN: I just wanted to explain what the three

PAGE 9SAi

options available to the subcommittee were and how we made

2 our choice for the benefit of the committee making your

3 decision.

4

It seemed that there were three options. One would

5 be to take the list of 13 enumerated purposes, and for that

6 subcommittee to look over those purposes and try to expand

7 or contract that list. That seemed to be inconsistent with

8 the reasoning that the Governor had established for the work

9 on the constitution initially, that is trying to simplify,

10 clarify the constitution and to add flexibility.

z~

11 ~ ~

The second option was to add language, general

0

~

~

~rl12 ~ language like tax funds can be spent for the public purpose only. The problem with that option seems to be that that

! 14 ~ would be turning over to the courts the determination of what

~

~

~

15 ~ is a public purpose, and would run the risk that at a later

~

~

16

zm~
~

time

if

you

have

to

come

back

with

subsequent

constitutional

Q

Z

~

17 ~ m amendments to override later court decisions. In fact, a

18 number of the items in this list of 13 were constitutional

19 amendments that were added to the constitution after a court

20 case.

21

The third option was to add language which gave the

22 General Assembly with the Governor's approval the right to

23 provide by law for the expenditure of tax funds. That seemed 24 to give certainty to the state government officials relying

25 on the state statutes in spending state funds, and also

PAGE 96

avoiding the possibility of a court deciding after money

2 had been spent to a certain extent it was not for a public

3 purpose.

4

We took those three different options and decided in

5 our recommendation to the full committee to suggest that the

6 language as included in the draft be used.

7

Your options are to go back to this long list we've

8 taken out and to change it to add language that would

9 require the expenditures be for a public purpose which would

10 mean the courts ultimately would have to decide, or to go

11

t"% with
o......

the

language

that we've

put

in.

~--- ~12 ~

MR. HARRIS: Mr. Martin, I would ask you if you

would possibly agree that the limitation on gratuities that

14 ~ remains in the constitution would be a limitation against a ." :~z:

15 : wholesale giveaway of dollars?

II:

:;)

16 .~..

HR. MARTIN: That's correct. The provision starts

Q

%

17 ~ out except as otherwise provided in the constitution, and

18 incorporates all those other restrictions. It just seemed

19 like one of the problems we run into with this particular

20 provision was that it went back to the old days when there was

21 a lot of distrust of the legislative process, and as a 22 consequence there were a lot of constitutional amendments which

23 have been added to the constitution.

24

GOVERNOR BUSBEE: 'Vhat you're saying then is you

25 start off with the words "Except as otherwise provided in

PAGE 97

this constitution," you do have the gratutity provision in

2 it, and you think that would be ample without the word "public"

3 being in it.

4

There was some concern expressed by the Attorney

5 General

6

MR. V~TIN: Yes, sir.

7

GOVERNOR BUSBEE: All right.

8

MR. HENRY: Also in Paragraph I there's a provision

9 that says any purpose for which the powers of taxation over

10 the whole state could have been exercised on June 30, 1983

I-'

Z

11

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Go

shall

continue

to

be

a

purpose

for which

such powers

may

be

~ 12 ~ exercised. It's grandfathering in the present purposes in an

~F~ abundance of caution.

! 14 ...

REPRESENTATIVE PINKSTON: I move .

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15 0:1

GOVERNOR BUSBEE: The motion is made by Representativ~

I-'

Ill:

;;)

16 .~.. Pinkston. Is there a second?

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17

HEPRESENTATIVE MULLINAX: Seconded.

18

GOVERNOR BUSBEE: Any discussion? If not, is there

19 any objection to the adoption of Paragraph I of Section III?

20 Is there 'objection to the adoption?

21

Hearing none, itt's unanimously adopoed.

22

Paragraph II.

23

11R. HENRY: Paragraph II begins on page 44, so pages

24 38 through 43 are the present struck through enumerated

25 purposes.

PAGE 98

Paragraph II represents no substantial change, it's 2 in essence a restatement of the present provision that all

3 revenue collected from taxes, fees and assessments be placed

4 in the general fund of the state treasury.

5

The one change they did make is that they required

6 that all interest earned on such revenue also shall be paid

7 into the general fund of the state treasury. That is presently

8 being done, but it is not listed or enumerated in the

9 constitution right now.

10

That is Paragraph II(a).

Paragraph II(b) (1) is an exception to that general

statement that all revenues be paid into the general fund.

This provides for basically the Agricultural Commodities

Con~ission's laws whereby fees are charged to the individual

producers, and those fees don't go into the general fund, but

go right into the Commission itself and they use that to

promote agricultural products in the state.

18

Then Paragraph (b) (2) would be a definition of what

19 agricultural products we're concerned with.

20

Paragraph (c) was put in the constitution in 1978,

21 and it provides for the earmarking of fines and forfeitures --

22 well, additional penalties may be assessed in any court in this

23 state, and the money therefrom can be used for law enforcement

24 and prosecutoria1 officers' training. The committee did

25 recommend that this wasn't an exception to the rule that all

PAGE 99

revenues be paid into the general fund as much as it was an

2 exception to the provision in Article III which prohibits the

3 earmarking of taxes and revenues, and they recommend that this

4 be placed in Article III after the motor fuel tax earmarking

5 provision, so it is just a matter of placement. Their

6 recommendation was it be moved to Article III.

7

GOVERNOR BUSBEE: Anything else?

8

~ffi. HENRY: That's the end of Paragraph II.

9

GOVERNOR BUSBEE: All right. Is that a motion or is

10 that a question?

cz.'J

11 i=

SENATOR HOLLOWAY: I move that the staff exercise

o~ ......

~ 12 ~ its judgment as to where it properly should flow, and the

~r~ adoption of the paragraph.

14 ~I

GOVERNOR BUSBEE: I didn't understand.

'"<4(

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15 .:>

SENATOR HOLLOWAY: The recommendation was that this

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~

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16 .~.. paragraph (c) I think it is be put over in -- where is it?

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17 ~

MR. HENRY: Article III.

18

GOVERNOR BUSBEE: The motion is that staff be given

19 that latitude and report back?

20

SENATOR HOLLOWAY: I move the adoption.

21

GOVERNOR BUSBEE: He moves the adoption.

22

SENATOR GILLIS: Seconded.

23

GOVERNOR BUSBEE: It's seconded. Any questions?

24 If not, is there any objection to adoptioIl of Paragraph II with 25 the latitude being given to staff on the transfer?

PAGE 100

SPEAKER }lliRPHY: Can I ask a question?

2

GOVERNOR BUSBEE: Mr. Speaker.

3

SPEAKER MURPHY: This is the place that we was. going

4 to try to have the interest collected on bonds that have been

5 sold -- is the Attorney General here, any bond man here?

6

~ve.was going to try to have the interest -- we sell

7 bonds with a building authority, they collect the interest

8 and it gathers up in big funds over there that they use for

9 projects and things, and this is the place where we would need

10 to get that interest put back into the general fund.

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11 j:
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Nobody but the building authority has any control of

lU

(~ @J;~ that interest once it gets over there. We can't get anything done, we need it and we can't touch it, and I want to know if 14~' this is the place where we make arrangements to get it back

':"r

15 011 where we can control it.

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16 ~ lU

MR. HENRY: Probably the state debt provision would

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17 ~ be the place, which is Section IV. We'll be coming to that.

18

SPEAKER MURPHY: How much money have they got over

19 there now, Jim, in that thing? How many millions of dollars

20 have they got in interest they've collected and stashed away

21 over there now?

22

MR. MARTIN: I don't know.

23

SPEAKER MURPHY: Approximately how many million?

24 Seventy-five, a hundred million?

25

MR. HARTIN: I don't know.

PAGE 101

SPEAKER MURPHY: You ain't talking?

2

MR, MARTIN: I don't know.

3

SPEAKER HURPHY: Would you find out for me?

4

MR. MARTIN: I'd be glad to, yes, sir.

5

SPEAKER MURPHY: I'd appreciate it.

6

A VOICE: We would all like to know.

7

GOVERNOR BUSBEE: Representative Reaves.

8

REPRESENTATIVE REAVES: Mr. Chairman, have you

9 already passed on this Paragraph II?

10

GOVERNOR BUSBEE: No, we have Paragraph II -- a

.11

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j:
'o."..

motion

has

been made

on Paragraph

II.

gr:j

~ 14

1
~

on

it?

MR. HENRY: We just passed Paragraph II. REPRESENTATIVE REAVES: Could I ask a question back

'"<C(

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15 .:I

GOVERNOR BUSBEE: All right. Address that to staff.

"'"::J
16 ~... There is a question by Representative Reaves .

Q

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17 :

REPRESENTATIVE REAVES: On this agricultural

18 promotion products business, is this the way that's always

19 been? Is that right?

20

}1R. HENRY: Yes,sir.

21

REPRESENTATIVE REAVES: It's nothing that messes up

22 the Commodity Commission Act which we have nothing to do with

23 or anything like that?

24

MR. HENRY: No. This was drafted to ensure that

25 the Agricultural Commodities Commission law would continue to

PAGE 102

be valid.

2

REPRESENTATIVE REAVES: I'n sorry, I wasn't paying

3 attention like I should have, I wanted to be sure there's no

4 overlap there at all. Is that right?

5

HR. HENRY: No.

6

}ffi. HARRIS: Paragraph II has not yet been adopted,

7 Mr. Chairman.

8

GOVERNOR BUSBEE: There's been a motion and a second.

9 Any further discussion on Paragraph II?

10

If not, is there objection to the adoption of

11

"z
i=
'o.."....

Paragraph II?

Hearing none, it's unanimously adopted.

@);-:j

Next paragraph. MR. HENRY: Paragraph III which is on page 44

! 14 t- this is a provision that's in the current constitution

':z":

15

oll
"'":;)

except

that

the

committee

determined

that

state

grants

16 .oz~.. should be -- under this section should be able to grant funds

17 : to counties as well as municipalities. Presently in the

18 constitution the authority is restricted only to making state

19 state grants to municipalities.

20

SENATOR HOLLOv~Y: Move the adoption.

21

GOVERNOR BUSBEE: He moves the adoption. Seconded?

22

A VOICE: Seconded.

23

GOVEro~OR BUSBEE: Discussion-on Paragraph III?

24 Is there obj ection? Hearing rone, it t S adopted,

25

Next paragraph.

PAGE 103

MR. HENRY: Section IV is principally just a

2 structural revision of the current state debt provisions

3 with very few substantive changes, and I'll point those

4 changes out when we get to them.

5

Paragraph ,I is the list of purposes for which debt

6 may be incurred which is a restatement of the present purposes

7 for which debt may be incurred.

8

The one significant change which was made consistent

9 with an earlier change is that presently it says the state may

10 incur debt to repel invasions, suppress insurrections and

@;;11

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j:
..'o"....

defend

the

state

in

time

of war.

The committee determined that

that language was antiquated, and decided to put in public

debt without limit to defend the state in an emergecy.

'-g

14!

I-

SPEAKER MURPHY: \~o determines what an emergency is?

':z":

15 ~

GOVERNOR BUSBEE: Senator Holloway.

"'j"

16 .~..

SENATOR HOLLOWAY: Well, I have considerable concern

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17 : about that. The Attorney General also has a great, great

18 concern about it as to who determines emergency. That could

19 leave a wide open gate valve, and in light of having no problem~

20 or conflicts with the words repel invasions or suppress

21 insurrections I move we go back to the old language and

22 eliminate "emergencies."

23

SENATOR BARNES: Second.

24

GOVERNOR BUSBEE: The motion is made and seconded

25 in that provision you go back to the existing language in the

PAGE 104

constitution. That's on invasions, et cetera as provided in

2 the present constitution.

3

SENATOR HOLLO"VIAY: Defend the state in an emergency,

4 suppress insurrections, repel invasions and suppress the state

5 in time of war.

6

GOVERNOR BUSBEE: All right. The motion has been

7 made and it's been seconded. Is there any discussion?

8

If not, is there objection? Hearing none, the motion

9 is adopted.

10

MR. HENRY: Okay. Paragraph I(b) is the ability to

11

"z
j:

incur

debt

for

temporary

deficits

in

the

state

treasury

in

any

o..'.."..

@;i fiscal year created by a delay in collecting taxes of that year The staff has one recommendation, and that is on

! 14 ... page '+6, line 2, in that you put in "which was incurred under

'"

15

:I: .:I

the

provisions

of

this

subparagraph

(b),"

and

put

"which was

"'":;)

16 .~.. incurred to supply a temporary deficit in the state treasury"

17

oz
::i

because

after

this

constitution is

adopted -- well,

the year

18 that this constitution is adopted if you had a temporary

19 deficit from any prior year, that debt would not have been

20 incurred under the provisions of this subparagraph, but under

21 the provisions of the 1976 constitution. It's just a matter

22 of making sure it flows right.

23

Subparagraph (c) is the purposes that were put in by

24 the 1972

Wait a minute.

25

GOVERNOR BUSBEE: Representative Burruss.

PAGE 105

REPRESENTATIVE BURRUSS: The provision that he just

"

2 read about incurring debt, is that in the existing constitution?

3

MR. HENRY: Yes.

4

REPRESENTATIVE BURRUSS: I had always heard we

5 couldn't borrow money.

6

MR o HARRIS: Five percent.

7

GOVERNOR BUSBEE: Any other questions? Go ahead.

8

lfR o HENRY: I might add that staff technical change

9 was approved by the Chairman of the subcommittee, Mr. Collins,

10 and also by the Attorney General.

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11 i=
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SENATOR GILLIS:

12 Ill: there now?

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SPEAKER MURPHY:

Governor, isn't it five percent in Yes.

14 !..

REPRESENTATIVE,GHEER: Mr. Chairman, rJay we ask where

:'z":

15

.:I CI

is

the

limitation

in

there?

Ill:

~

16 Iz..I.I Q

~mo HENRY: That would be on page 45, line 22, such

Z

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17

Ill: III

debt

shall

not

exceed

in

the

aggregate

five

percent

of

the

18 total revenue receipts, less refunds, of the state treasury

19 in the fiscal year imrJediately preceding the year in which such

20 debt is incurred.

21

MR. HENRY: Okay. Subparagraph(c) spells out the

22 purposes for which general obligation debt can be incurred,

23 and it's a restatement of the present purposes for which

24 general obligation debt can be incurred.

25

GOVERNOR BUSBEE: Go ahead.

PAGE 106

MR. HENRY: The staff has a recommendation in the

2 next one if you'll look at page 101, the staff is recomme~ding

3 that you incorporate the amendment that was ratified in the

4 1980 general election which allowed the General Assembly to

5 turn over the title of property which provides that general

6 obligation debt may be incurred to provide educational

7 facilities for county and independent school systems, when the

8 construction is completed the title to such educational

9 facility shall be vested in the respective local school boards,

10 and that Subparagraph (d) be enumerated as a new Subparagraph

e;1"%

11

;::
.'.o."....

(e) .

GOVERNOR BUSBEE: Representative Collins. REPRESENTATIVE COLLINS: If you do that, wouldn't it

! 14 put it to where the local government had to pick up the t; ~:z:
15 ~ insurance on these buildings where over all these years the
"'";;;)
16 .~.. state's been picking it up because they've been owned by the Q g%
17 state?

18

MR. HENRY: We're just suggesting putting in the

19 amendment that was ratified in the 1980 general election.

20

REPRESENTATIVE COLLINS: I'm still wondering,

21 though, wouldn't it put a bigger cost back on your local

22 school system?

23

GOVERNOR BUSBEE: No more so than now. This is what

24 was already approved in 1980. There's no change.

25

REPRESENTATIVE COLLINS: We made a mistake before,

PAGE 107

Mr. Chairman.

.,[;.;

2

MR. HENRY: This is Just talking about vesting

3 title. You know, it doeSI1't speak to the transfer of the

4 obligations of the insurance contract.

5

SENATOR HOLLOWAY: If you change the title you don't

6 have a vested or insurable interest, you can't insure it.

7

GOVERNOR BUSBEE: This is the vehicle for turning the

8 title to the schools back over. I can't really answer your

9 question. This is something they wanted.

10

REPRESENTATIVE COLLINS: They might not have known

.11

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j:
'o."..

what

was

going

to

happen

to

them when

they wanted

it.

a~j with it.

SENATOR HOLLOWAY:

All the good stuff that went along

! 14 I-

GOVERNOR BUSBEE: Now there has been no motion.

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15 o!)
"'~"

SPEAKER MURPHY: Noved.

16 .~..

GOVERNOR BUSBEE: All right. The Speaker moves that

CI

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17 :; we adopt the staff recommendation which is to incorporate what

18 was passed in 1980.

19

SPEAKER MURPHY: That ain't really what I move. I

20 move we do what the folks did last year. That's what I move we

21 do really what they're doing, what the staff recommended.

22 The people just adopted this last year. To leave it out now

23 would just be ridiculous; so I move we do what the people did

24 last year.

25

SENATOR HOLLOWAY: Seconded,

PAGE 108

GOVERNOR BUSBEE: The motion is seconded.

2

Is there objection to the staff recommendation?

3 The Speaker moved and it's seconded.

4

Is there any further discussion? If not, is there

5 objection?

6

Hearing none, it's adopted.

7

tiR. HENRY: Okay. As I said, Subparagraph (d)

8 would then become Subparagraph (e), and this is just a

9 restatement of the present purposes for which guaranteed

10 revenue debt may be incurred.

I::zJ:

11 io.r=.r:.

GOVERNOR BUSBEE: It's just a restatement of the

/@~)~~!:!:Z:I 12 ~ existing 1atfL All right.

~..

l1R. HENRY: Okay. Paragraph II is a restatement of

14 ~ the current limitations on the incurrence of general obligation

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15 : and general revenue debt, guaranteed revenue debt.

rr:

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16 .~..

Paragraph II(a) except for some changes which I'm

:CzI:

~

17 m going to point out is a restatement of the current definition

18 of annual debt service requirements within the meaning of

19 Paragraph II and Paragraph III.

20

A VOICE: What page are you on?

21

MR. HENRY: We just finished 46, we're on page 47

22 now.

23

Paragraph II(b) is a restatement of the current

24 fiscal limitations on the incurrence of either general ob1iga-

25 tion or guaranteed revenue debt with two major substantive

PAGE 109

changes.

2

I would also like to point out that in Subparagraph

3 (b), line -- well, line 9 where it says no debt may be

4 incurred under Subparagraph (c) and (d), since we have added

5 that amendment in we need to also say Subparagraphs (c), (d)

6 and (e) of Paragraph I of this section.

7

GOVERNOR BUSBEE: Is there any objection to this

8 technical correction? Hearing none, it's adopted.

9

MR. HENRY: Okay. Paragraph (b)(l), highest

10 aggregate debt service requirements, the change in that is

Czl

e;i11

j:
o..ll..C..

that presently

the highest

aggregate

annual

debt

service

requirement as defined cannot exceed fifteen percent of the

total revenue received, less refunds, to the state treasury.

! 14 The committee has changed it to read ten percent of the total

1;;

:I:

15 oll revenue received, less refunds, to the state treasury.

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16 .~..

Subparagraph (b) (2) is a new provision which the

cz

17 :li committee put in. There is currently no limitation on term,

18 but they imposed a forty-year limitation on the term of debt

19 to be incurred:

20

Subparagraph (c) restates the current extra 1imita-

21 tions imposed when incurring euaranteed revenue debt for water, 22 sewage facilities or systems. That limitation is that the 23 highest aggregate annual debt service requirement not exceed 24 one percent of the total revenue receipts, less refunds.

25

Paragraph (d), Subparagraph (d) restates the current

PAGE 110

extra limitations imposed when incurring guaranteed revenue

2 debt for educational loan purposes, and that is that it can't

3 exceed $18 million for direct loans to students and $72

4 million to purchase or secure educational loans.

5

That's all of Paragraph II.

6

GOVERNOR BUSBEE: All right.

7

A VOICE: Moved.

8

A VOICE: Seconded.

9

GOVERNOR BUSBEE: Moved and seconded. All right.

10 Discussion?

REPRESENTATIVE COLLINS: Mr. Chairman, I would like

to move that on line 26 --

GOVEm~OR BUSBEE: What page?

REPRESENTATIVE COLLINS: 30.

GOVERNOR BUSBEE: What page?

REPRESENTATIVE COLLINS: Page 47, paragraph (b)(2)

when we're setting up this term, I move that we cut it to

18 twenty years instead of forty.

19

A VOICE: No.

20

GOVERNOR BUSBEE: The motion is made that it be cut

21 down to twenty years. Is there a second?

22

A VOICE: Seconded.

23

GOVERNOR BUSBEE: There is a second. All right.

24 Discuss ion.

25

SPEAKER HURPHY: What's the reason for that, Marcus?

PAGE 111

REPRESENTATIVE COLLINS: Mr. Speaker, Mr. Chairman,

2 the reason is a forty-year bond at the present interest rates

3 you never would payout. With your present interest rate now

4 you're paying about a hundred and fifteen to twenty percent

5 for interest and about eighty for principal, so if we could cut

6 this down to that we wouldn't have to worry about when money

7 runs short somebody deciding they wanted a 25-year bond when

8 we thought we could settle for a twenty. \ve would know what

9 'Vle were doing.

10

SPEAKER MURPHY: If you will recall, Mr. Collins,

~

11 "z5 in the last budget on my suggestion we put in there the twenty
i.o..
12 years on those bonds because we then knew what the revenue was

~- ~ at that time and how much we had and what the bond market was,

.

I

14 ~ but I think cutting it down overall to twenty years is too far.

III
:z:

15 q~ ~ think 25 would be adequate, though.

:)

16 ~...
oz

REPRESENTATIVE COLLINS: Mr. Speaker, I would be glad

17 : to accept the 25 as a substitute for my twenty.

18

SPEAKER MURPHY: I would so make that substitute.

19 I think thatwou1d be adequate.

20

Nobody ought to have any more limitation than that

21 because we went to the extent of that limitation, you remember

22 that, Governor, and I think that ought to be -- 25 years ought

23 to be adequate under any circumstances.

24

GOVERNOR BUSBEE: Senator Holloway.

25

SENATOR HOLLOWAY: Well, I have noticed over the

PAGE 112

years these interest rates that we set in the constitution

2 and in statutory law and whatnot have changed pretty good.

3 Now, there's nothing that precludes us from passing a statute

4 that limits it to 25 years, is there, under this? And it will

5 give the flexibility down the years.

6

SENATOR BARNES: ~'fuat ae ffect would it have on the

7 salability of bonds?

8

SPEAKER MURPHY: It won't have any effect on the

9 salability of the bonds, Senator. TVhat the purpose of the

10 limitation of the number of years is, is we appropriate X

11

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j:
II:

amount

of

dollars

to

sell X amount

of

bonds.

If the interest

.f..

@;I rate is such and such a rate, then of course if it's high enough we can't do it in twenty years, we have to go 25 in

14

~
t;

order

to

have

the

debt

service

prorated

for

the

first

full

:z:

15 otI year, but I think if you ever got to the place in certain

"II:
::)

16 ~... circumstances and go in excess of 25 years you would really be

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17 ~ paying a premium.

18

SENATOR HOLLOWAY: I'm inclined to agree with the

19 Speaker, and certainly 25 years in the present day is a

20 proper number. Now, what it will be ten years from now, we

21 can certainly set it by statutory law lower than forty years

22 is my point.

23

SENATOR BARNES: Forty years is what is allowed under

24 all other public authorities for revenue bonds in the act that

25 we have, the Revenue Bond Act of '37, forty years, and that's

PAGE 113

been consistent, and you always have the right to refund, or 2 you generally put calls in them, they can be called.

3

SPEAKER MURPHY: Not in state bonds you don't.

4 It's the exception rather than the rule that you have a call

5 in them. All you can do is put the money back up and leave it

6 there and draw interest and pay it off.

7

SENATOR BARNES: These bonds we issued this year

8 there's a call provision in them after four years.

9

GOVERNOR BUSBEE: The Chairman of the article

10 committee would like to con~ent. Mr. Thrower.

MR. THROWER: Mr. Chairman, it might be helpful to

give the committee's view on this.

At the present time in the constitution there is no

limit. In considering a limit, we did not want to affect the

decisional process as to how long the bonds should be out-

standing, but we thought there should be a limit. We put the

forty years feeling that then as circumstances changed those

18 limits might change and we would not be affecting that except

19 as to the possibility of going beyond the forty it seemed to us

20 was beyond reason, but we were not trying to anticipate a

21 decision made currently as to what should be the length, or

22 in the future.

23

We had on the committee of course the fiscal officer

24 of the state and of the cities and counties, and this was the

25 consensus of the view of them.

PAGE 114

SENATOR BARNES: What about bonds like the ports

2 authority bonds? Aren't some of those long-term bonds down

3 there?

4

SPEAKER MURPHY: The only bonds we know, Senator --

5 I've been a member of the State Bond and Finance or whatever

6 the language of that commission is for eight years, and the

7 only bonds we've ever sold more than twenty years was this past

8 year, we sold some for 25 years because the appropriation

9 would not cover the amount of interest on the twenty-year

10 term, and frankly voted for that reluctantly, but I felt like

it was necessary that those bonds be sold.

GOVERNOR BUSBEE: All right.

SENATOR GILLIS: Call the question, Mr. Chairman.

GOVERNOR BUSBEE: Let me make sure I understand your

motion. It was twenty years by Representative Collins, and

there was a second by Representative Burruss, so the motion

is that

18

SPEAKER MURPHY: He accepted my 25.

19

GOVERNOR BUSBEE: He accepted it. Will you restate

20 your motion?

21

REPRESENTATIVE COLLINS: I move that we insert the

22 number 25 on line 26, page 47, instead of forty.

23

GOVERNOR BUSBEE: All right. You have heard the

24 motion. Is there further discussion?

25

SENATOR BARNES: Mr. Chairman, I think we ought to

PAGE 115

keep all the bonds the same. If revenue anticipation bonds

2 are forty, we ought to keep them all at forty.

3

GOVERNOR BUSBEE: I can't hear you. If you want the

4 microphone -- First let me go to Representative Johnson

5 since the microphone is over there, then I'll come back to you.

6

Representative Johnson.

7

REPRESENTATIVE JOHNSON: Mr. Chairman, is the languag

8 on page 47, line 26 where it says the term of the debt is in

9 excess of forty years giving the General Assembly the latitude

10 to keep it at 20 or 25 or 30, anything under the 40 years?

~

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11 i=
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GOVERNOR BUSBEE: There's no limitation now. The

12 ~ staff recommended forty, and that's what precipitated all this

~._- ~ discussion. You're correct.

14 ~~

tiR. HARRIS: Under the present constitution you

'<"C(
:I:
15 ~ could go fifty or sixty.

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16 .~..

GOVERNOR BUSBEE: All right. We'll come back to you.

Q

Z

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17 ~ Did you want to say something, Senator Barnes?

18

SENATOR BARNES: The only thing I say is, of course,

19 I don't have any strong feelings, but the governments of 20 counties and cities and other authorities are limited now by 21 the bond act to forty years, and there might be some project 22 we want to undertake down the road like ports or some self23 sufficing type of deal that we might want to issue forty-year 24 bonds, and I would hate to -- we can always make it less than 25 that, and why not make them all the SDme, make all the revenue

PAGE 116

bonds the same, or all bonds.

2

SPEAKER HURPHY: Governor.

3

GOVERNOR BUSBEE: Mr. Speaker.

4

SPEAKER lIDRPHY: I don't think it would happen under

5 the present structure of the Finance Commission, but I can

6 conceive in a future administration you could have some

7 'administrative services people and an auditor we have a

8 permanent auditor now, we might change, and that we could get

9 into a mess, a bad mess if we didn't have some limitations

10 there. As it exists, the Speaker and the Lieutenant Governor,

the Governor and the State Auditor and the Attorney General

and the Agriculture Commissioner and the head of the

administrative services, I can conceive of us getting in a

mess, a bad mess.

GOVERNOR BUSBEE: All right. Senator Holloway.

SENATOR HOLLOWAY: Well, I'm in complete accord

with the Speaker, right now 25 is adequate, but Mr. Speaker 18 I say to you a year and a half ago we wouldn't have dreamed

19 that 25, and you made the decision to go to it. I think we

20 may very well be in that same posture and need that flexibility

21 in the future.

22

SPEAKER MURPHY: Frankly, I don't want that authority

23 I71Yself.
24

REPRESENTATIVE LEE: The problem is if you've got a

25 ceiling they're going to try to go up to it.

PAGE 117

SENATOR BARNES: We haven't in the past.

2

GOVERNOR BUSBEE: We have a motion. The motion was

3 25.

4

All right. All those in favor of the motion rise

5 and stand until you're counted.

6

(A show of hands.)

7

GOVERNOR BUSBEE: Reverse yourselves.

8

(A show of hands.)

9

GOVERNOR BUSBEE: All right. In the House the ayes

10 are 14, the nays are seven; in the Senate the ayes are seven,

11

CzI i=

the nays

are

three.

The amendment is adopted.

..'o"....

@)~i

All right. MR. HARRIS: Hr. Chairman, we still have to adopt

! 14 Paragraph II as amended. It's been amended twice, we have an

!;;
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15 ol) explanation. Is there a motion that we adopt Paragraph II as

CI

'"::I 16 .~.. amended?

Q

Z

17 ::i

A VOICE: Moved.

18

A VOICE: Second.

19

GOVERNOR BUSBEE: It's moved and there's a second.

20 Any discus s ion?

21

If not, is there objection to the adoption of

22 Paragraph II as amended? Hearing none, it's adopted.

23

MR. HARRIS: Mr. Chairman, for the permanent record,

24 Paragraph I was not officially adopted.

25

A VOICE: So moved.

PAGE 118

GOVERNOR BUSBEE: All right. it's moved.

2

A VOICE: Seconded.

3

GOVERNOR BUSBEE: And there's a second. Is there

4 discussion? Hearing none, is there objection?

5

Hearing none. it's unanimously adopted. for the recor~.

6

All right. Go to the next section.

7

MR. HENRY: Paragraph III. This provision is a

8 restatement of the sinking and reserve fund requirements.

9

GOVERNOR BUSBEE: What page are you on they say?

10

MR. IlliNRY: We're on page 48 down on line 24.

11

"z
i=
.'f.".

Paragraph

III.

@;~; Paragraph (a) (1) is a restatement of the present conditions imposed on the enactment of legislation which

! 14 authorizes the incurrence of general obligation debt and the

t;

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15 olI mandatory appropriation for service of such debt.

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16 ~...

Now we're on page 49 .

Q

Z

~

17 ::

GOVERNOR BUSBEE: Subparagraph (2)(a). Go ahead.

18

MR. HENRY: We've got a staff recommendation for

19 Subparagraph (a) (1) which would be on lines 8 through 13

20 on page 49. and the language that's stricken there. the

21 staff would recommend that you put that back in. and also

22 add SO that it would read from line 8 -- if you'll look on

23 page 91 you'll find the staff recommendation -- so that it

24 wouId read:

25

The General Assembly shall raise by taxation

PAGE 119

and appropriate in each fiscal year in addition to

2

the sums necessary to make all payments required

3

lUlder contracts entitled to the protection of the

4

second paragraph of Paragraph I(a), Section VI,

5

Article IX of the Constitution of 1976, such

6

amounts as are necessary to pay debt service

7

requirements in such fiscal year on all general

8

obligation debt incurred pursuant to this Section.

9

A VOICE: Moved.

10

A VOICE: Seconded.

III

Z

11 j:
...2..

GOVERNOR BUSBEE: It's moved and seconded that the

staff recommendation reinserting the language as appears on

e;1 page 91. Is there discussion?

.

! 14

t:z;:

If not, is there objection? Hearing none, it's

..15

olI III

adopted.

:;)

16 .~.. Q

Go ahead .

Z

17 :

l1R. HENRY: Paragraph (2)(a), this provision is a

18 restatement of the current requirement for a general obligation

19
debt sinking fund. The reference to the Director, Fiscal

20 Division, Department of Administrative services or such other

21
officer as may be designated by law was omitted, the term

22 "appropriate state fiscal officer" was subst~tuted in lieu

23
thereof in reference to such officer's duty to cure a
24
deficiency of the sinking fund by virtue of an insufficient
25

PAGE 120

GOVERNOR BUSBEE: All right. Next subparagraph.

2

MR. HENRY: Okay. Now we're on page 57, Subparagraph

3 (b). This provision is a restatement of the current mandate

4 that the obligation to make sinking fund deposits for general 5 obligation debt shall be subordinate to the obligation to make

6 sinking fund deposits for state payments under Article IX, 7 Section VI, Paragraph I(a) contracts, and the contracts I

8 refer to every time when I talk about Article IX, Section VI, 9 ParagraphI(a) is the old authority lease rental agreements,

10 page 51.
i~ z
11

Subparagraph (b)(l).

This provision is a restatement

w
~ ~ I12 : of the present conditions imposed on the enactment of legislation which authorizes the incurrence of guaranteed

! 14 ~ revenue debt and the mandatory appropriation for service of

~
%

15 : such debt.

~

~

16 ~

Paragraph (2)(a) is a restatement of the current

z

17 := requirement for guaranteed revenue debt common reserve fund.

18 Now we're on page 52.

19

Again, this is a restatement of the current mandate

20 that the obligation to make sinking fund deposits to the

21 guaranteed revenue debt reserve fund shall be subordinate to

22 the obligation to make sinking fund deposits for the old

23 authority lease rental agreement payments, and also subordinate

24 to general obligation debt payments.

25

Subparagraph (c) on page 53. This provision is a

PAGE 121

restatement of the requirement that funds in excess of the

2 amount required in the reserve fund at the end of any fiscal

3 year shall be transferred to the state treasury. Again

4 reference is made to appropriate state fiscal officer rather

5 than the Director of DOAS.

6

SPEAKER MURPHY: Yeah, but you do -- excuse me,

7 Governor -- you 'do strike something there "or such other

8 officer as may be designated by law." That might be 9 important at some time.

10

MR. HENRY: The appropriate state fiscal officer

@ ;11 "~z could be provided for by law. Right now it happens to be the 2 U!:l~_: Director of the Fiscal Division, DOAS.

~

_.

SPEAKER MURPHY: The appropriate state fiscal

.

I

14 ~ officer I assume now would be the Director of Administrative

'<"C

%

15 : Services. He couldn't designate anybody under your proposal.

II:

:;)

16 ~

MR. HENRY: He couldn't designate anybody under this

z

17

~
m

either

because

it's

as

may

be

designated

by

law.

18

SPEAKER MURPHY: That's right. We've authorized him

19 to do it. He's got one man that handles all that. What's

20 that guy's name, Dick what? Dick Milsap has handled all that.

21 Under this he couldn't do it, he would have to have that other

22 guy whatever his name is -- I don't even know his name.

23

MR. HARRIS: There's no harm to put it back in.

24

SPEAKER MURPHY: We need to put it back like it was.

25 Dick Milsap has been operating it and he's been doing a

PAGE 122

pretty good job, hasn't he?

2

HR. HENRY: He would be the appropriate state fiscal

3 officer.

4

GOVERNOR BUSBEE: How would you suggest, Mickey,

5 putting it back?

6

lfR. HENRY: There's no harm in putting it back just

7 like it is right now. It was just intended to provide a

8 little bit more flexibaity.

9

SPEAKER }1URPHY: Why can't we say, Governor, the

10 appropriate state fiscal officer as designated by law then

11

"z
j:

where

we

could

give

it

to

him

to

let

Dick

continue

to

do

it.

...ollI:
Go

@;I MR. THR01v.ER: That was the intent. If his title changes we didn't want to have to come back to the constitution.

! 14 As you've stated it, it would certainly be sufficient.

$

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15 otI

SPEAKER MURPHY: The appropriate state official as

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16 .~.. designated by law, as prescribed by law or whatever you want

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17 a to say.

18

GOVERNOR BUSBEE: Is there any objection?

19

VOICES: No objection.

20

GOVERNOR BUSBEE: Hearing none, it's adopted.

21

All right. Go ahead.

22

MR. HENRY: Subparagraph (c) on page 53 is a

23 restatement of the -- Wait a minute, I've already been

24 through that. I'm sorry.

25

Subparagraph little (c) on line 32, page 53, is a

PAGE 123

restatement of the current investment restrictions for both

2 the sinking fund and the revenue fund combined.

3

GOVERNOR BUSBEE: That is the end of Paragraph III.

4 Is that right?

5

:HR. HENRY: Yes.

6

A VOICE: :Hoved.

7

SENATOR GILLIS: How much is in the sinking fund?

8

SPEAKER MURPHY: That's what I asked them to find

9 out for us.

10

GOVERNOR BUSBEE: They said they would check.

I!J

Z

g~r:;11 j: 'o.."....

GOVERNOR BUSBEE: All right.

the adoption of Paragraph III?

SENATOR HOLLOVlAY: So moved.

14! I-

A VOICE: Seconded.

Is there a motion on

."

:I:

15 01)

GOVERNOR BUSBEE: The motion is made and seconded.

I!J

'~"

16 ~... Any discussion?

zQ

17 :

Is there any discussion to adopt Paragraph III as

18 amended? Hearing none, it's unanimously adopted.

19

Paragraph IV.

20

MR. HENRY: Paragraph IV is a restatement of the

21 current provision prohibiting contracts by the state with

22 public authorities except contracts pertaining to state

23 guaranteed revenue debt after September 1, 1974. Since this

24 date has already passed, specific reference to it was omitted.

25

The provision relative to the validity of certain

PAGE 124

contracts entered into prior to September 1, 1974 was omitted 2 and that is because at the end of this section there is a ~ provision which prescribes that all contracts entered into 4 shall be valid.

5

GOVERNOR BUSBEE: All right. Is that all of

6 Paragraph IV?

7

MR. HENRY: That's all of Paragraph IV.

8

GOVERNOR BUSBEE: A motion on Paragraph IV?

9

A VOICE: So moved.

10

GOVERNOR BUSBEE: You move to adopt it. Second?

IJ

Z

11 j:
o..'"...

A VOICE: Seconded.

GOVERNOR BUSBEE: Discussion? Is there objection?

o.2i ~J~ If not, Paragraph IV is unanimously adopted.

! 14 I-

Paragraph V.

':z":

15 olI

MR. HENRY: Paragraph V is a restatement of the

IJ

..'";:)
16 ~ current provisions on the refunding of debt, and there's a

Q

Z

17 :: staff recorrrrnendation on this as well on page 92.

18

1Vhat the staff recommendation would do would be to

19 delete on line 10, page 55, the words "subject to the

20 limitation contained in Subparagraph II(b) of this section,"

21 and just start: "The state may incur general obligation

22 debt or guaranteed revenue debt," and also on line 18 would

23 alter the sentence "The issuance of any such debt for the

24 purposes of said refunding, funding or refunding shall be

25 subject to the ten-percent limitation in Paragraph II(b)(l)

PAGE 125

of this section to the same extent as debt incurred under ..

~

2 Paragraph I of this section."

3

SPEAKER MURPHY: Move we make the changes as

4 recorrrrnended.

5

GOVEm~OR BUSBEE: That's on Number 15 on page 92

6 there which is the staff recommendation. The explanations

7 are there. Is there disucssion?

8

If not, is there objection? Hearing none, it's

9 adopted.

~;

10

t1R. HENRY: Paragraph VI

"z
11 j:

GOVERNOR BUSBEE: wehave to adopt Paragraph V as

.0<...C..

.@~ 0._-12 <C amended, don't we?

. ~ Ij~5

VOICES: No objection.

! 14

GOVERNOR BUSBEE: It's moved and seconded. Any

I-

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15 ~ discussion on the adoption of Paragraph V as amended?

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16 .Iz.I.I Hearing none, it's adopted.

D

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17 <C III

MR. HENRY: This provision is a restatement of the

18 present provision on full faith and credit of the state not

19 being pledged except for public debt, and that such debt

20 shall be validated in the manner provided by law and the

21 validation shall be incontestible and conclusive.

22

SPEAKER MURPHY: I thought it had to be validated.

23 This says it may be validated. I thought they required it to b~

24 validated. You're sure there ain't no change in that

25 sentence?

PAGE 126

It says such validation shall be incontestible and

2 conclusive. You said it may be validated; I thought the

3 constitution required it be validated.

4

MR. HARRIS: Mr. Speaker, it's on page 62,

5 Paragraph II, last sentence, "Such debt may be validated by

6 judicial proceedings in the manner provided by the General

7 Assembly."

8

SPEAKER }WRPHY: I move we adopt it.

9

GOVERNOR BUSBEE: The Speaker moves we adopt it.

10 Any objection to the adoption of Paragraph VI?

Hearing none, it's unanimously adopted.

Paragraph VII.

lffi. HENRY: Paragraph VII is a restatement of the

present provisions relative to the Georgia State Financing

and Investment Commission. The only change is the provision

relative to the record-keeping and clerical functions of the

Commission was omitted to be provided for by law.

18

GOVERNOR BUSBEE: All right. Is there a motion?

19

A VOICE: Move its adoption.

20

A VOICE: Seconded.

21

GOVERNOR BUSBEE: All right. The motion is made and

22 seconded.

23

Mr. Triplett.

24

REPRESENTATIVE TRIPLETT: Mr. Chairman, I wonder why

25 the Connnissioner of Agriculture is a member of this commission,

PAGE 127

a member of this body. It looks to me like the legislature
-

~

2 itself should be represented by the chairmen of the

3 Appropriations Committee in the House and Senate.

4

I just want an explanation. I don't really want to

5 make a motion.

6

GOVERNOR BUSBEE: I don't understand. What was your

7 question?

8

REPRESENTATIVE TRIPLETT: I wonder why the

9 Commissioner of Agriculture is a member of this Commission.

10 I think he ought to be stricken and maybe the chairmen of

z~

11

;
~

the Appropriations

Committee

in

the

House

and

Senate

ought

to

0

w~

12 ~ be a member of the committee as well.

@rl

GOVERNOR BUSBEE: It would be quite a change of

! 14 ~ balance. He's a building authority and several other things

~

~

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15 ~ he's a member of as a constitutional officer. I can't answer

~

~

16

zm~
w

your

question.

Q

Z

~

17 m~

REPRESENTATIVE TRIPLETT: I thought there might be

18 some explanation why --

19

GOVERNOR BUSBEE: He's a member of several of the

20 other authorities.

21

SPEAKER MURPHY: I've got a question on that. I

22 have often wondered why the Attorney General was a member of

23
it when he handles all the legal work for it. I've often
24
wondered how he can be a member of it and represent himself.
25

PAGE 128

A VOICE: Move its adoption.

2

A VOICE: Seconded.

3

GOVERNOR BUSBEE: The motion is made and seconded.

4 Now discussion.

5

Did you want to say something?

6

SENATOR BARNES: No.

7

GOVERNOR BUSBEE: Any other questions or discussion?

8 All right. Is there objection to the adoption of Paragraph VII~

9 Hearing none, it's adopted.

10

Paragraph VIII.

zCI

11 j:
."o.".

MR. HENRY: Paragraph VIII is a restatement of the

@)-Ipledged 12 ~ present provision stating that the state aid shall not be or loaned to any individual, company or corporation.

! 14 ...

SPEAKER MURPHY: Move its adoption .

':"z:

15 q

GOVERNOR BUSBEE: He's moved the adoption. Seconded?

CI

"";:)

16 ~ lU

A VOICE: Seconded.

Q

Z

17 :

GOVERNOR BUSBEE: Discussion? Hearing none, is there

18 objection to adoption? Hearing none, it's unanimously

19 adopted.

20

raragraph IX.

21

MR. HENRY: Paragraph IX is a restatement of the

22 present provision', except that the phrase "a new and more" 23 which modified the term "effective method of finance" was 24 omitted since that was put in in '72 when this amendment was 25 put in, and it is no longer a new and more, it's just an

PAGE 129

effective.

,,'.

2

REPRESENTATIVE COLEMAN: I move we adopt.

3

GOVERNOR BUSBEE: The motion is made by Representativ~

4 Coleman. Seconded?

5

A VOICE: Seconded.

6

GOVEF.U~OR BUSBEE: It's seconded. Discussion? If

7 not is there objection? Hearing none, it's adopted.

8

Paragraph X.

9

MR. HENRY: There's a significant addition to

10 Paragraph X which allows the General Assembly by general law

"z

11 ~... enacted by a vote of two-thirds of the members to assume the

@ @ ; (~)

12

~~~ debt

of

any local government or political subdivision. SPEAKER MURPHY: Why should we ever assume the

14 ~ debt?

':"z:

15 .:l
"'";;;)

SENATOR BARNES: We assumed the pension liabilities

16 I~I> of the City of Atlanta, $40 million in pension liabilities,

z

17 :: by a majority vote.

18

GOVERNOR BUSBEE: Do what?

19

SENATOR BARNES: We assumed the pension liabilities

20 of the City of Atlanta when we consolidated with the state;

21 that's assuming their debt.

22

SPEAKER MURPHY: We didn't assume, we made arrange-

23 ments to get our money back, which specifically provided that 24 it would be withheld until we got it back, and we are getting

25 it back.

PAGE 130

This is altogether new. This could run into 2 so~ething else.

3

SENATOR GILLIS: Is this in the present constitution?

4

GOVERNOR BUSBEE: Hr. Tllrower.

5

lffi. THROWER: As I mentioned, Mr. Chairman, we did

6 have fiscal representatives from the state, the counties and

7 the cities, and this was discussed at some length with members

8 within the committee, and with people in an advisory area

9 of the committee. We took into account primarily the

10 possibility, viewing what had happened in other sections
"z
11 =2 of the country that some county or city might be in such
@;IIII condition that circumstances would indicate the need to act
prompt~y in providing relief to protect the entire state or

$ 14 I to protect other cities and municipalities and the particular

:z:

15 ~ governmental body involved, so we propose that the authority

liI

16

iz
III

be

given

to

the

legislature

to

act

in

such

an

emergency

with

Qz

17 = two-thirds vote; we considered that was amply protective.

18

SENATOR BARNES: They did it -- they assumed some

19 county debt during the depression, because looking at this

20 stricken part down in there I remember it now.

21

Back during the '45 constitution -- in the early

22 thirties the state assumed some county debt to keep it from

23 going to default, and so it has been done.

24

In fact, in the '45 constitution as you can see from

25 the stricken part they preserved that assumption of the debt

PAGE 131

that occurred in 1932.

2

GOVERNOR BUSBEE: You have something too like in

3 Reidsville, some place where you have a lot of habeas corpus

4 cases, some unusual circumstance.

5

SENATOR BARNES: Evidently there used to be a

6 Coastal Highway District too that had some debt that was

7 assumed.

8

GOVERNOR BUSBEE: All right. You have -- I don't

9 think we have a motion. Do you have a motion, Representative

10 Coleman?

"z
11 ~

REPRESENTATIVE COLEMAN: I move we keep it as it is

.o..

12 ~ in the present constitution.

~--- ~

GOVERNOR BUSBEE, The motion has been made. Is there

14 t>x; a second?

15 ~

SPEAKER }illRPHY: Wait a minute. Whoa, now. We don't

"rr:
~
16 I~II need all that back in there now because all that is behind us

zQ
17 : and past, all those acts. All we need in there now is that the

18 state shall not assume any debt, nor any part thereof, of

19 any county, municipality or other political subdivision.

20

REPRESENTATIVE COLEHAN: Whatever language is

21 necessary to keep the state from assuming debt created by

22 another political subdivision.

23

SENATOR BARNES: The only thing I'm worried about

24 is this. I'm not sure the state could assume the debt now

25 by a majority vote. At least this has a two-thirds vote

PAGE 132

provision. I mean it's been done in the past.

2

REPRESENTATIVE COLEMAN: If we get in emotional

3 situations you could have something come up that --

4

SENATOR BARNES: Bond lawyers could find all kinds

5 of ways to get around a constitutional provision with

6 contracts and everything else, governmental contracting back

7 and forth. I would like the two-thirds protection.

8

MR. HARRIS: As I understand the motion, Mr.

9 Coleman, it would prohibit the assumption of any debt. Of

10
course, in keeping with the concerns expressed by Senator

Holloway from time to time I assume that Mr. Coleman would

permit us to keep in there the debt contracted to enable the

state to repel invasions or suppress insurrections or defend

itself in time of war.

REPRESENTATIVE COLEMAN: I think it's a necessary

part, Mr. Harris; I appreciate your bringing it to my

attention.
18
MR. HARRIS: Mr. Thrower wanted to make a comment.
19
GOVERNOR BUSBEE: Mr. Thrower.
20
MR. THROWER: I might make this further comment,
21
Mr. Chairman. The legislature presently may make grants to
22
23 counties and municipalities, and this amplifies and supple-

24 ments that power.

25

GOVERNOR BUSBEE: You understand what Mr. Thrower

PAGE 133

is saying. Presently you can make a grant to a county or a

2 city as provided by this -- it's in the constitution -- that's

3 the justificntion t but this would require a two-thirds vote.

4

SENATOR BARNES: This would require a two-thirds

5 vote. You wouldn't have to assume itt you could just give 6 them the money by a majority vote to pay the debt. I would

7 rather have the prohibition that you could assume the debt 8 with a two-thirds vote rather than let them get by with a

9 majority vote.

10

GOVERNOR BUSBEE: Do you move that we adopt --

"z
11 i=

SENATOR BARNES: What is the motion on the floor?

...o~
0..

GOVEro~OR BUSBEE: I think that the motion was to
~\ ~ 12
leave it like it is, but we can't put all that -- Do you

~r~! -

14 want to make a substitute motion?

!;;

:<zl:

15 .:I

SENATOR BARNES: I make a substitute motion that we

"~
;;;)

16 .~.. approve Paragraph X as written on page 59 .

zQ

17 :

GOVERNOR BUSBEE: All right. Let's kind of keep

18 some order. Do you understand what the substitute motion is?

19 The substitute motion is that we adopt Paragraph X as written.

20

REPRESENTATIVE COLE~1AN: I objection.

21

A VOICE: Seconded.

22

GOVERNOR BUSBEE:" There was a second, and there is

23 obj ection.

24

All right. Is there any discussion on the adoption

25 of Paragraph X? Any discussion?

PAGE 134

SPEAKER MURPHY: vfuat are we voting on now?

2

GOVERNOR BUSBEE: On the adoption of Paragraph X.

3

SPEAKER ~1URPHY: I object.

4

REPRESENTATIVE COLEMAN: I object.

5

GOVERNOR BUSBEE: All those in favor of the adoption

6 of Paragraph --

7

REPRESENTATIVE COLEMAN: Mr. Chairman.

8

GOVERNOR BUSBEE: Representative Coleman.

9

REPRESENTATIVE COLEMAN: To be sure we understand

10 our position, if we vote on favor of Mr. Barnes' motion, the

11 5zI:J substitute to my motion or amendment, then we would be
..o....
@ - I12 ~ approving it as staff has recommended. If we vote no, then we would have the opportunity to come back and vote on my

14 .~:z..: amendment. Is that right?

15

GOVERNOR BUSBEE:

That's correct.

I:J

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16 ~

All those in favor of adopting Paragraph X as

Q
:z:
17 =written rise and stand until you're counted.

18

(A show of hands.)

19

GOVERNOR BUSBEE: Reverse your position.

20

(A show of hands.)

21

GOVERNOR BUSBEE: All right. The ayes in the House

22 are four, the nays are 11; the ayes in the Senate are eight,

23 the nays are two, so it fails.

24

MR .. HARRIS: Then the vote would be on Mr.

25 Coleman's.

PAGE 135

GOVERNOR BUSBEE: Next will be Representative

2 Coleman's.

3

Let me kind of point out to assist on your motion,

4 looking at the existing constitution you have the provision

5 that the state shall not assume the debt, nor any part

6 thereof, of any county, municipal corporation or political

7 subdivision of the state unless such debt be contracted to

8 enable the state to repel invasion, suppress insurrection or

9 defend itself in time of war.

10

All right, that's fine. That's what the thrust of

Iz!l

11 ~ your motion is.

o......

~--- I12 ~

Then you have a long paragraph about the Coastal

Highway indebtedness of several counties, it's all paid off,

! 14 there's no need for all that language, so your motion is just

t:c;
15 .:l what I have read?

I!l

~

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16 ~

REPRESENTATIVE COLE}1AN: As Mr. Harris has suggested,

Q

17

z :

the

shorter

version,

He said it was very important that we

18 repel those invasions.

19

GOVERNOR BUSBEE: All right. An insurrection it's

20 quite important that local governments be able to do that.

21

REPRESENTATIVE COLEMAN: You may have one here

22 during the session.

23

GOVERNOR BUSBEE: All right. You have heard the

24 motion. Is there a second?

2S

A VOICE: Seconded.

PAGE 136

GOVERNOR BUSBEE: All right. Representative Pinkston.

2

REPRESENTATIVE PINKSTON: Mr. Chairman, I would just

3 like a little bit of explanation about -- you know, we may

4 have such things as the Farmers Horne Loan granting to

5 counties to build recreational facilities or lakes or parks

6 or what have you, and at some point in time the state may

7 want to take these facilities over and assume a debt with

8 three percent interest or something. How do we do it if we

9 go back to this original --

10

MR. HARRIS: You can't do it. Amend the

11

"z
j:

constitution.

'o.."....

REPRESENTATIVE COLEMAN:

a ~12

~r~ it.

Just buy it, pay cash for

! 14 ...

REPRESENTATIVE PINKSTON: ~ think two-thirds ought

':"z:

15 olI to be able to vote for it and get those things done.

"'"::I

16 .~..

GOVERNOR BUSBEE: What you're saying is like -- well,

zQ

17 = I'd better not bring up where we take over like a toll bridge

18 or something if we assume the debt like was proposed down at

19 Brunswick, but they understood your point.

20

REPRESENTATIVE PINKSTON: I just wondered what method

21 we'd do it if we decided we wanted to.

22

REPRESENTATIVE COLEMAN: Just buy it.

23

SPEAKER MURPHY: I lost out, I was reading something

24 else.

25

GOVERNOR BUSBEE: Restate what you said, the Speaker

PAGE 137

didn't hear it.

2

REPRESENTATIVE PINKSTON: Mr. Speaker, I was just

3 wondering if there become an instance where a government had

4 say like a toll bridge or a park facility or something and the

5 county had a debt on it, a federal government loan at three

6 percent or something, how do we do that if we're prohibited

7 from--

8

SPEAKER M1JRPHY: It would be very simple. If you

9 had a toll bridge that had bonds and they defaulted on that,

10 dispose of the bonds and take over the toll bridge and run

CzI

11

~
"o...."..

it

and

collect

the money.

That's been done many, many times.

~~r~! ~
.

REPRESENTATIVE PINKSTON: How about a county park
12i
facility?

14
I-

SENATOR BARNES: He's talking about if the state

'<"

:I:

15 otl wanted to acquire it, and not if there was a default.

CI

~ ""

16 .~..

SPEAKER MURPHY: Jus t buy it .

Q

Z

17 l<:i

SENATOR BARNES: And payoff three percent bonds, or

18 four percent?

19

SPEAKER MURPHY: Whatever you needed to pay for

20 them.

21

There's one other thing that the Governor has

22 brought to my attention that really ought to be in here,

23 though, I suspect.

24

Several years ago when they had all that problem in

25 Augusta, those riots and all that sort of stuff, that the

PAGE 138

City of Augusta could have got in bad financial condition

2 and the state could have done nothing to help them. I think

3 probably there ought to be something about riots, I agree

4 with him on that that there ought to be something about riots

5 in there where if a city has to spend a lot of money on that

6

The Governor suggests that you repel invasions,

7 suppress riots or insurrections.

8

REPRESENTATIVE COLEtfAN: I ask unanimous consent

9 that be included in the language.

10

GOVERNOR BUSBEE: On the motion, he would like to

@o J;i~11

"%
i=
..'o"....

restate

his

motion

so

it would

read

riots

or

insurrections,

suppress riots or insurrections.

REPRESENTATIVE COLEMAN: I would --

14
I-

GOVERNOR BUSBEE: Is there any objection? If not,

':~"r

15 ~ he incorporates that in his motion. We're not voting on the

"'~"

16 ~... main motion .

Q

%

~

17 ::

All right. There's no objection, that's incorporated

18 in your motinn.

19

Representative Coleman.

20

REPRESENTATIVE COLEHAN: Governor, wouldn't it be

21 better to mention civil disturbance or civil disorder than

22 riots? Civil disorder would cover riots, but it would be

23 broad enough to cover other

24

GOVERNOR BUSBEE: Suppress riots or insurrection

25 and civil disorders, or --

PAGE 139

REPRESENTATIVE COLEMAN : Civil dis turbance or

2 insurrection, or civil disorder or insurrection.

3

Mr. Thrower agreed that that was the kind of language

4 that you probably needed.

5

GOVERNOR BUSBEE: Is there objection? He's trying

6 to perfect his own motion. Is there objection to changing

7 that instead of the use of the term riots it would be to

8 suppress civil disorders or insurrection?

9

All right, if not, it's then adopted. We're still

10 back with the main motion.

"z
11 ..jro..r::..
12 ~
@r l inquiry.

All right. Senator Holloway. SENATOR HOLLOWAY: Mr. Chairman, parliamentary How about a natural disaster, earthquake or something

14 ~I like that? We couldn't do anything?

'<"l(

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15 ~
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:;)

SENATOR BARNES: Where a city has put a lot of debt

16 .~.. out --

Q

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17 ::

SENATOR HOLLOWAY: We ought to have a pop-off valve

18 there somewhere.

19

GOVERNOR BUSBEE: Tornadoes or something.

20

SENATOR HOLLOWAY: That's the reason we support the

21 two-thirds vote.

22

SPEAKER llliRPHY: Wait a minute, Senator. What you're

23 talking about there wouldn't be no debt for that. The state

24 can go in there and give them help.

25

SENATOR BARNES: What if a county in response to a

PAGE 140

natural disaster incurred some bonded indebtedness and then

2 later needed the state to help them assume it? You could not

3 do it even by two-thirds vote.

4

Look at it this \'Yay. Two-thirds vote could change

5 the constitution and change this language. What's the

6 difference?

7

A VOICE: Ratified.

8

SENATOR BARNES: Well, ratified by the people.

9

REPRESENTATIVE COLEMAN: Hr. Chairman, in response

10 to his example I can't imagine a unit of local government

@r i ~

11 5"z incurring bonded indebtedness --
..o....

12

GOVERNOR BUSBEE: This is not bonded indebtedness,

~ this is all indebtedness.

14 ~

REPRESENTATIVE COLEMAN: We have always met natural

':<"r

15 : disasters either with your emergency fund or by assistance

";:) 16 ;III from the General Assembly when they came back into session.

z

17 :<:;

I move the previous question.

18

REPRESENTATIVE PINKSTON: You can't appropriate it,

19 Terry, you can't even appropriate the money.

20

GOVERNOR BUSBEE: All right. ~fuere were we?

21 Representative Johnson.

22

REPRESENTATIVE JOHNSON: Mr. Chairman, couldn't we

23 take care of all this natural disaster business and so forth 24 with grants to counties and municipalities by law providing

25 for a grant to take care of the obligations that occurrea in

PAGE 141

that situation and pay them off? Then we would not be

~

:f
,~

2 incurring their debt or assuming their debt.

3

SPEAKER MURPHY: He've done things like that many

4 times, Mr. Barnes. Like you recall the example where they

5 had all those prosecutions down there in Lanier County or

6 some county down there, we give them forty or $50,000 because

7 they didn't have the money to pay it off, and we paid for it.

8

GOVERNOR BUSBEE: vfuat concerns me about this, Mr.

9 Speaker, and I'm not arguing against this and I don't know

10 how you address it, but generally they've already incurred
CzI
11 i= the expense of those juries down there when we had that
"0......
@)r l12 " terrible thing, and generally like in Toccoa on the dam they have already incurred that expense which they can do,
! 14 they've incurred it, and I know you're making a grant; I I':z":
15 .:. don't know how you would reconcile this with what we have CI ";;)
16 .'z".. already about the grants to them. I don't know how you would Q Z
17 "'" reconcile it.

18

SENATOR BARNES: The way I interpret it is the

19 grants are the things not accomplished.

20

SPEAKER }lliRPHY: You're missing the point altogether,

21 Senator. The point is they go out and build the finest park

22 in the world, the finest thing in the world knowing it ain't

23 going to be paid for, knowing dad blamed well that the state

24 ain't going to let them get in default and we'll pick it up.

25 That's what it is.

PAGE 142

SENATOR BARNES: It would take two-thirds vote.

2 If we could do it simply by a majority I agree with you, but

3 I think construing the grants section with this section, the

4 grants applies to only things that occur in the future,

5 and if they have spent money that we cannot assume it as

6 we've done in the past it's invalid and I think it could be

7 personally collected against whoever did it.

8

GOVERNOR BUSBEE: All right. We have a motion by

9 Representative Coleman. Any further discussion?

10

That was the substitute motion, is that it? All

e;i"z

11

i=
.'oG".o.

right.

All those in favor of his motion rise and stand until

you're counted.

(A show of hands.)

! 14 I-

GOVERNOR BUSBEE: All right. Reverse your position.

':<z"C:

15 .:

(A show of hands.)

"'";;)

16 .~..

GOVERNOR BUSBEE: All right. In the House the ayes

zQ

17 g are 12, the nays are three; in the Senate the ayes are five

18 and the nays are six, therefore the motion is lost,

19

All right, Now it goes back to the main motion.

20 The main motion was that we adopt Paragraph X as written,

21 and there was a second.

22

Now discussion on the main motion. Discussion?

23

REPRESENTATIVE COLEMAN: It wasn't the main motion,

24 Governor. I made the motion to amend.

25

GOVERNOR BUSBEE: It was not the main motion then.

PAGE 143

SENATOR BARNES: I move the paragraph be adopted.

2

GOVERNOR BUSBEE: It's moved that Paragraph X be

3 adopted as written.

4

A VOICE: Seconded.

S

GOVEP~OR BUSBEE: It's seconded. Any discussion?

6

A VOICE: We voted on that.

7

GOVERNOR BUSBEE: We have not voted on this.

8

l1R. HARRIS: You need to vote on this if you're

9 going to create a situation where you have to have a

10 conference committee, a subcommittee or whatever.

SPEAKER MURPHY: The question you're voting on is

whether or not you're going to allow by a two-thirds vote to

assume the debt of some county, city or political subdivision.

That's your motion and that's the question.

GOVERNOR BUSBEE: That's right. The motion is made

and seconded, that's what we're discussing. You're right, Mr.

Speaker.

18
Any further discussion? Mr. Burrruss.
19
REPRESENTATIVE BURRUSS: If this was the state of
20
New York, and New York City defaulted, then under this the
21
state would be authorized to pick up the City of New York's
22
debt; is that correct?
23
GOVERNOR BUSBEE: By a two-thirds vote in both
24
houses, you're correct.
2S
REPRESENTATIVE BURRUSS: Would there be any

PAGE 144

provision about what governmental agency would run this

2 agency that we're bailing out, or would there be any

3 restrictions? How would you handle it?

4

GOVERNOR BUSBEE: It would be by statute passed by

5 two-thirds vote. It would have to be by the legislature by

6 two-thirds vote.

7

Representative Colwell.

8

REPRESENTATIVE COLWELL: Could you put in your

9 statute how to take over too and how to run it and how to

",

10 disburse it?

"z
11 ic=r:

GOVERNOR BUSBEE: Any further discussion? We're

.0G.o.

12 cr: going to have to go on, we've got to try to get through

@ r l before eight o'clock. All right. Any further discussion?

! 14 ...

If not, all those in favor rise and stand until

'x":

15 oll you're counted.

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~

16 .z'.".

(A show of hands.)

Q

17

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'"

GOVERNOR BUSBEE: Reverse your positions.

18

(A show of hands.)

19

GOVERNOR BUSBEE: All right. In the House the ayes

20 are seven, the nays are 11; in the Senate the ayes are 11, 21 the nays are zero. The motion is lost.

22

Is there objection to referring this to a conference

23 committee? Hearing none, it's so referred.

24

SPEAKER MURPHY: I put Mr. Johnson, Mr. Mullinax

25 and Mr. Snow. That would be a good job for you.

PAGE 145

REPRESENTATIVE SNOW: Mr. Speaker, I'm really

2 involved in some other things right now. I've got to review

3 your judicial article.

4

SPEAKER MURPHY: Take my word for it, it's all

5 right.

6

GOVERNOR BUSBEE: I'll tell you, if you all could

7 work while we're having dinner tonight and be ready to go,

8 we really need to complete this. We have the judicial

9 article tomorrow.

10

If you could be ready to meet to when we recess for

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11

~
..Io..I..:

dinner

at

6:30

--

@j):j REPRESENTATIVE JOHNSON: Mr. Chairman, if we could
~Jj~ get the Senate to understand what Representative Coleman was

14

I
~

trying

to

do,

we

could

solve

the

problem

right

now without

~ <:z:

15 .:I a conference committee.

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16 .~..

REPRESENTATIVE GREER: Governor, where are you going

Q

Z

<

17 : to feed us?

18

GOVERNOR BUSBEE: We've outlawed gratuities,

19

lobbiests ....--._..". too .

20

The Lieutenant Governor is going to announce his

21 members of this subcommittee.

22

LT, GOVERNOR MILLER: Deal, Gillis and Dean.

23

GOVERNOR BUSBEE: All right. What paragraph are we

24 on now?

25

MR o HENRY: Okay. The committee omitted the present

PAGE 146

article, Para8raph VII, which declared Civil War bonds to be

2 null and void.

3

GOVERNOR BUSBEE: All right. Is there any objection

4 to deleting that? It was pointed out to you.

5

MR. HENRY: The committee on Paragraph VII which

6 makes it a felony for state or county officers or members of

7 the General Assembly to profit from the use or loan of public

8 funds to be provided for by law.

9

A VOICE: '~at page are you on?

10

MR. HARRIS: The top of page 60.

~ z

11 ~ ~

GOVERNOR BUSBEE: Paragraph VII.

0

~ w

~rl12 ~

SPEAKER MURPHY: This constitutional provision

provides that the General Assembly, would mandate we provide

! 14 ~ by law that any officer who received public funds, used public

~

~

%

15 ~ funds and made money thereby would be tried and convicted --

~

~

~

16 zGw we've got a statute that does that, and I think the meaning

Q

Z

~

17 m~ of this was that they took it out because you've got a statute

18 that does the same thing is what it is.

19

I just thought everybody ought to know that they

;

20 was taking it out of the constitution.

21

GOVERNOR BUSBEE: It's just a definition of a crime

22 covered by statute.

23

All right. Is there a motion? We don't have to have

24 a motion.

25

All right. Go ahead.

PAGE 147

MR. HENRY: Like I said, Paragraph VIII was making

:,:,

~

2 null and void Civil War bonds and said the state never could

3 revive those obligations, nor could they ever appropriate any

4 money for that purpose.

5

GOVERNOR BUSBEE: All right. Go ahead.

6

~m. HENRY: Paragraph IX was a -- it mandated that

7 the proceeds of the sale of state property shall be applied

8 solely to the payment of bonded indebtedness and that proceeds

9 from sale of the Western and Atlantic Railroad property shall

10 be applied solely to the payment of bonds for that railroad.

\:l

Z

11 j: DC

SENATOR BARNES: Are there any bonds outstanding on

...0
l>.

@ r l12 DC that railroad? MR. HENRY:

I believe the committee heard testimony

! 14 that there wasn't. I-

':"z:

15 .:l

~ffi. KANE: Nixon said it .

\:l

DC

;;)

16 .'z"..

GOVERNOR BUSBEE: Go ahead. Next item.

Q

Z

17

DC
'"

SPEAKER MURPHY: That ain't exactly what this section

18 says. This section says that in the event that the railroad

19 was Gold that the-money was used first to pay w.n. debt, and

20 then any of the rest of the money would be used to pay 21 bonded indebtedness is what this section really says.

22

REPRESENTATIVE COLEMAN: I think we ought to keep it

23 in there.

24

A VOICE: Governor, mat page are we on? Sixty?

25

(Pause. )

PAGE 148

GOVERNOR BUSBEE: Okay. I think that's resolved.

2 Some of them had some concern it would be disasterous to put

3 this whole provision back in, that we inadvertently put some

4 language in in '76.

5

Is there any discussion on what they asked to be

6 deleted? If not, proceed.

7

SENATOR BALLARD: Mr. Chairman.

8

GOVERNOR BUSBEE: All right. Senator Ballard.

9

SENATOR BALLARD: Would this be the proper place

10 to get into the question about the taxation of the Georgia

1.7

Z

@;;11

j:
..'o."....

Railroad?

You know, it's the only tax-free property in the

state of Georgia, and wouldn't this be a good place to let's

get it to where we can tax that railroad?

! 14 I-

SENATOR BAm~ES: That sounds like a good idea.

':"r

15 .:I

GOVERNOR BUSBEE: Mickey, would you answer Senator

1.7

'~"

16 .~... Ballard's question?

Q

Z

17 :

MR. HENRY: Senator Ballard, there was a provision

18 in the 1976 and 1945 constitutions that attempted to take away

19 the tax exemption granted in the corporate charter of the

20 Georgia Railroad, and that provision had to effect. The

21 U.S. Supreme Court ruled that the State of Georgia couldn't

22 get at that exemption as long as they retain that charter,

23 but there is a provision in Article III which says if they

24 attempt to amend the charter that we can't allow them to

25 amend it without forfeiting that, but there's no way you can

PAGE 149

get at it.

2

SENATOR BARNES: The Supreme Court hasn't ruled on

3 that since 1919. That was the last time they ruled on that,

4 and the '76 provision was never tested or never taken to court.

5

Their ad valorem tax, their property is exempt

6 even; existing in downtown Atlanta is exempt from taxation

7 under the charter they're granted, exempt from ad valorem

8 tax, and they pay in lieu thereof one-half of one percent

9 of the net profit from the railroad, which ain't none, and

';

10 they get by with it.

zCI

11 j: llI:

GOVERNOR BUSBEE: That was given to the~m in a

...0
Q.

9 r l12 llI: charter that you want to revoke? MR. BARNES: In 1833.

14 !

MR, HENRY: Senator Barnes, they ruled on that in

ol:zn-:

15 q 1946 at 200 Georgia Page 856.

CI

llI:

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16 .'z"..

SENATOR BARNES: That was the Supreme Court of

D

Z

17

llI:
'"

Georgia.

I think we've got a new Supreme Court now,

18 Governor Busbee has done appointed us a whole new Supreme

19 Court.

20

GOVERNOR BUSBEE: Do you all have any motions to

21 make? We're going to try and get through tonight on this

22 thing sure enough,

23

SENATOR BARNES: Where is it? Where have you

24 deleted it?

25

GOVERNOR BUSBEE: If you want to make a motion --

PAGE 150

I'm not cutting you off, but it's not in this paragraph.

2

Okay. Go ahead. Does anybody want to make a motion?

3

SENATOR BARNES: I want to know where it is now.

4

MRo HENRY: Page 55 in the brown book, Roy,

5 Paragraph V, Revocation of Tax Exemption.

6

GOVERNOR BUSBEE: Senator Barnes, do you have any

7 objection if we move on while you look at that?

8

SENATOR BARNES: No.

9

GOVERNOR BUSBEE: Go ahead. Let's move on.

10

MR. HENRY: Paragraph XI, it's on page 61, line 32,

11 "~z which basically says that -- this provision was added to ensure

2

~--- ~ ~

12 ~ the validity of certain contracts and to ensure the invalidity

of any obligation previously declared void, which was Civil

14 I)i0i tolar bonds.

~

:I:

15 .:

A VOICE: Move adoption.

"'";;;)

16 i

GOVERNOR BUSBEE: The motion is made it be adopted.

zQ

~

17 : Is there a second?

18

A VOICE: Seconded.

19

GOVERNOR BUSBEE: It's seconded. Is there discussion~

20 Hearing none, is there objection?

21

Hearing none, it's adopted unanimously. Next.

22

MR. HENRY: That's it.

23

GOVERNOR BUSBEE: All right. Now then we're going to

24 stop here in just a minute. We have several things to take

25 up, and I think Senator Barnes is going to make a motion in

PAGE 151

just a minute, but while you are formulating that let me call

2 your attention that we have had a report back from one of the

3 conference committees, and it's on Article IX on the power of

4 taxation, and this has to do with the business and occupational

5 taxes that were collected in the unincorporated areas.

6

It's not a conference committee report actually, we

7 had asked staff to make a draft, so this is what they have

8 drafted. I just wanted to call that to your attention.

9

Does everybody have a copy of what I'm referring to?

10 If you want more time I'll give it to you, but I thought we

z'"

@;;11

i=
.o0...0..:

would

just

suspend

for

a minute

and

look

at

it.

(Pause. )

GOVERNOR BUSBEE: All right. While we were talking

! 14 !;; about the handout here, I have been informed that the :c
15 otl conference committee on riots and insurrections now have a
'"00:
=>
16 .~.. conference committee report which they've unanimously agreed Czl
17 : on. I calIon Senator Nathan Dean,

18

SENATOR DEAN: Mr. Chairman, the conference committee

19 met and has the following language:

20

The state shall not assume any debt or any

21

part thereof of any county, municipality or other

22

political subdivision of the state unless such

23

debt be contracted to enable the state to repel

24

invasion, suppress insurrection or civil disorder

25

or defend itself in time of war.

PAGE 152

GOVERNOR BUSBEE: All right. You have heard the

2 report of the conference committee. Any discussion on the 3 report?

4

If not, is there any objection to the adoption of the

5 conference committee report? Hearing none, it's unanimously

6 adopted.

7

You'd better put those same people on the next

8 conference committee.

9

What we have now -- I'm trying to see what all is

10 outstanding before we go into the judiciary tomorrow. We

11

"z

j: cr:

have

outstanding

the Article

IX,

Section

IV,

Paragraph

I

on

.2..

9;1 the power of taxation which is the sheet out before you, and we're just all looking at it and we'll decide whether or not

! 14 l:;z:;: to proceed.

15 o:l

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16 .~..

}ffi. HARRIS:

Qz

(Pause. ) I don't recall anything having been held

17 : over since the vote was taken after lunch on Paragraph III.

18

Mr. Chairman, what this relates to is Paragraph III

19 on page 19, and it's now in Article VII. It is the staff

20 recommendation that since it relates to the power of taxation

21 of municipalities and counties that it be moved from Article

22 VII and be put into Article IX.

23

Now, that's not the controversy. The controversy

24 developed over the provisions with respect to requiring that

25 the funds raised by these taxes be expended only in the

PAGE 153

unincorporated areas of the county. That's what the staff was

2 directed to address before lunch.

3

If you adopt this, or if you adopt what is proposed

4 originally on page 19 or any combination thereof we would

s still recommend that whatever you do that it be moved to

6 Article IX.

7

GOVERNOR BUSBEE: We don't have any problem on

8 moving it. I think we need to address the substance first

9 if that's all right. Is that all right?

10

MR. HARRIS: Yes, sir.

GOVERNOR BUSBEE: All right. Okay. You have before

you then the staff recommendation on the language you asked

them to draft, and this is about areas outside of municipalities.

Senator Holloway.

SENATOR HOLLOWAY: Have somebody explain the changes

this suggested memo makes specifically.

GOVERNOR BUSBEE: Wait until I get staff's attention.

18

:HR. HARRIS; Sir?

19

GOVERNOR BUSBEE: Mickey, you and Robin, Senator

20 Holloway wants to know -- You state it.

21

SENATOR HOLLOWAY: What does this paper do to this

22 piece of paper in front of me?

23

~~. HARRIS: The first thing it does is in Number (1)

24 it adds a sentence that the General Assembly may provide that

2S the revenues raised by such tax or fee be spent for the

PAGE 154

provision of services only in the unincorporated areas of 2 the county.

3

Now, I think in typing this where it says collect

4 business and occupational taxes and license fees I hope was 5 an inadvertent change from the original language of page 19

6 to collect business and occupational license fees instead

7 of occupational taxes and license fees.

8

That raises the spectre of coures -- I don't think

9 it could happen, but that raises the spectre of payroll tax,

10 so I would suggest that perhaps you might consider in that

paragraph going back to the original draft if you're going to

go forward with this. GOVERNOR BUSBEE: I think there's been a little
confusion on what we're talking about. I'm going to recognize

Representative Collins. You've got a copy of the decision.

What you're trying to do hert is the county presently

has the right to levy the occupational tax, but it's got to be

18 made uniform throughout the county. There's no way where a

19 city has an occupational tax within a city that the county

20 can have a similar occupational tax outside of the city and 21 use it in that area outside, they have to do it uniformly

22 throughout the county, and so this is what you're trying to 23 do, and if this is what you want to do it's necessary to. pass 24 this in order for a county to be able to have the occupational

25 tax and collect these ta..."'{es and license fees outside of the

PAGE 155

city that would be comparable to what they're doing now in

'"
d

2 the city.

3

All right. Senator Holloway.

4

SENATOR HOLLOWAY: Do I envision that a business in

5 the city could be taxed twice then if he does work in the

6 county?

7

GOVERNOR BUSBEE: No. That's the present

8

REPRESENTATIVE COLLINS: He would now.

9

GOVERNOR BUSBEE: Give me the decision.

10

SPEAKER MURPHY: Under this decision, Senator, if a

11

"z
j:
0.'0"....

county

levies

a

tax,

occupational

tax,

it has

to be

levied

12 '" inside and outside the city countywide, it's got to be

@-I ,

I/~ expended allover the county, but what we're trying to do by

! 14 ... this language is provide that the county could levy an

~ -c

:t

15 0) occupational tax outside the incorporated limits of the city

"'~"

16 .zlD.. and use that money in the area where the tax is collected only.

-0zc

17 '"lD That's what we're trying to do.

18

GOVERNOR BUSBEE: The Speaker is right. If you will

19 listen, in the case of Richmond County v. Richmortd Business

20 Association, 228 Georgia page 283, and what they said there is:

21

It is shown in the instant case that the

22

ordinance which was adopted pursuant to a local

23

constitutional amendment levies taxes only on those

24

businesses in Richmond County located outside of

25

the municipality; however, the revenue therefrom

PAGE 156

is received into the treasury for the support of

2

the general county governmental functions such as

3

courts and sheriff's office and tax commissioner,

4

et cetera, which provides services for all

5

residents of the county whether within or without

6

the municipality.

7

All right, now what they went on the whole there is

8 you can't do this even with a local constitutional amendment.

9 Now, if you're going to have a county to be able to levy on

10 occupations such as they have in the city on the same
@...: icz 11 ~ occupations out in the county and use it other than for the 2 ::::~al fund, then you're going to have to pass something like



14 !...

SPEAKER MURPHY: That ain't gonna help none either,

'"

%

15 ~ That violates the due process provision of the Constitution

"cr:
::l

16 ~CD of the United States because there ain't no way we're gonna

zQ

17 =be able to do it. It's the 14th Amendment to the Constitution

18 of the United States.

19

~m. HAPJRIS: Continuing to answer Senator Holloway,

20 the other thing that was addedtas added) was this Subparagraph

21 (c) in response to a question raised by Mr. Hood where we had

22 pointed out earlier that we were proposing that you add back

23 in the amendment passed in 1980 with respect to the taxation

24 of life insurance premiums, and Mr. Wood raised the point

25 about fire and casualty, and that's why Subparagraph (c) is

PAGE 157

added.

2

GOVERNOR BUSBEE: Senator Holloway.

3

SENATOR HOLLOWAY: Is there any cap to what the tax

4 could be? Can Atlanta raise its premium a hundred percent

5 and the rest of us around the state pay the premium for it?

6

MR. HARRIS: As provided by law.

7

MR. HENRY: Atlanta couldn't do it, but the General

8 Assembly could.

9

SENATOR HOLLOWAY: Question number two. How would

10 this affect -- as I understand it now, the firemen's pension

11

EIzII
fund

is

financed

from

fire

and

casualty

insurance

premiums,

o......

~ - !12 ~ fire insurance premiums currently. MR. HENRY: It wouldn't have any

effect.

It

.

I

.

14 > wouldn't have any effect because that's done by general law

l;;

:I:

15 ~ as well. If you passed a general law authorizing --

IcIrI:

;)

16 ~

SENATOR HOLLOWAY: That's donein the constitution.

zco

17 :

MR.. HENRY: The constitution authorizes the firemen's

18 pens ian fund to receive the direct proceeds of a tax without it

19 going into --

20

SENATOR HOLLOWAY: It mandates it.

21

MR..HENRY: In any event, it's in the general law as

22 well.

23

REPRESENTATIVE COLEMAN: You don't want to change it,

24 do you, AI?

25

SENATOR HOLLOWAY: No.

PAGE 158

GOVERNOR BUSBEE: Representative Collins.

2

REPRESENTATIVE COLLINS: Mr. Chairman, isn't it true

3 that if you done this to the unincorporated areas it wouldn't

4 affect any of these funds any more than it does right now

5 where they can already do it in every incorporated area in

6 the state of Georgia?

7

GOVERNOR BUSBEE: I'll defer to all these lawyers

8 up here, but I think you're right.

9

We don't have a motion.

10

A VOICE: I move we adopt it.

"z
11 j:

REPRESENTATIVE COLLINS: Mr. Chairman, I move we

..'o"....

a~j adopt the amendment prepared by the staff, sir. GOVERNOR BUSBEE: That's the one that's on your sheet,

! 14 the amendment on Article IX, Section IV, Paragraph I.

l:;r; 15 .:I

A VOICE: Have I got a copy of that?

"'":::I

16 .~..

GOVERNOR BUSBEE: Everybody's got a copy .

Q

Z

17 :

All right. Representative Ware.

18

REPRESENTATIVE WARE: Hr. Chairman, at the proper

19 time I ~l1ould like to propose a substitute motion.

20

GOVERNOR BUSBEE: This is the proper time.

21

REPRESENTATIVE WARE: What I would like to do in (c)

22 on this handout where it says the General Assembly may provide

23 by law for the taxation of insurance companies on the basis of

24 gross direct premiums received from, then I want to delete

25 the words "life, fire and casualty," and insert the word

PAGE 159

"insurance," because I don't see any reason for confining it

2 to life, fire and casualty when there are so many other types

3 of insurance that could be taxed.

4

GOVERNOR BUSBEE: All right. May I suggest that you

5 proceed by amendment?

6

You move to amend Representative Collins' motion as

7 you've just stated?

8

REPRESENTATIVE \-JARE: Right.

9

GOVERNOR BUSBEE: Is there a second?

10

A VOICE: Seconded.

GOVERNOR BUSBEE: There's a second. Is there any

discussion?

Hearing none -- All right, Representative Johnson,

REPRESENTATIVE JOHNSON: Mr. Chairman, in reference

to what Mr. Harris said earlier, don't you think that in

Subsection (1) up there where it says occupational taxes

and down in Subsection (2) where it says occupational taxes

18 that that ought to be changed to occupational licenses so that

19 we don't get into the payroll tax business?

20

SPEAKER MURPHY: I agree with that too.

21

REPRESENTATIVE PINKSTON: Don't we presently have a

22 local option income tax law?

23

REPRESENTATIVE LEE: This is payroll taxes, Frank.

24 Keep up.

25

REPRESENTATIVE PINKSTON: What's the difference?

PAGE 160

Explain the difference to me.

2

GOVERNOR BUSBEE: Did you move to amend?

3

The motion was Qade to change the word occupational

4 taxes to occupational licenses in Subparagraphs (1) and (2)

5 of Subsection (b).

6

All right. Is there any discussion? Hearing none,

7 is there any objection? Hearing none, it's unanimously

8 adopted.

9

All right. The question now is back to the main

10 motion as amended.

REPRESENTATIVE PINKSTON: Did you get Crawford's

amendment?

GOVERNOR BUSBEE: I got his amendment.

Now the question is on the main motion, Is there

objection to the adoption of Article IX, Section IV,

Paragraph I, as proposed by Representative Collins as

amended by the two amendments that were just adopted?

18

Is there objection?

19

SENATOR BALLARD: Objection.

20

GOVERNOR BUSBEE: All right. Senator Ballard objects.

21

All those in favor of its adoption as amended by the

22 two amendments rise and stand until you're counted.

23

(A show of hands.)

24

GOVERNOR BUSBEE: All r~t. Reverse your positions.

25

(A show of hands,)

PAGE 161

GOVERNOR BUSBEE: In the House the ayes are 19,

2 the nays are zero; in the Senate the ayes are one, the nays

3 are nine. It fails.

4

All right. There is no motion on the floor now.

5

MR. HARRIS: You've got to have a conference

6 committee I think.

7

GOVERNOR BUSBEE: All right. Is there objection to

8 a conference committee on Article IX, Paragraph I, Section IV

9 being appointed?

10

Hearing none, it will be so appointed. Do you want

I!I

..Z
11 i= to name them now?

.o.....

@;i

SPEAKER }lliRPHY: Yes, sir. GOVERNOR BUSBEE: In the House the Speaker is going

! 14 I- to announce his.

<II

<:rl:

.15 0:1 I!I

All right. I thought you said you were ready to

:::>

16 ~... name a conference committee, Mr. Speaker. Name them .
oz

17 :

SPEAKER MURPHY: I' 11 name Hr. VIa re, Mr. Johns on did

18 a good job while ago, and Hr. Coleman did a good job while ago.

19 I'll put them three on it, they did a good job.

20

LT. GOVERNOR MILLER: Senator Kidd, Senator Hill

21 and Senator Eldridge.

22

GOVERNOR BUSBEE: All right. You have heard the

23 conference committee.

24

Is there any other business to come up today?

25

MP.. HARRIS: Mr. Chairman, I would just like to

PAGE 162

GOVERNOR BUSBEE: Hold on just a minute. Mr.

2 Harris.

3

MR. HARRIS: I would just like to clear up Senator

4 Holloway's question about the firemen's pension fund. The

5 present constitution does not tie in any premiums on anything,

6 none. The constitution does not; it just says the powers of

7 taxation may be exercised by the state through the General

8 Assembly and the counties and municipalities for the purpose

9 of paying pensions and other benefits.

10

Now, the assignment of some of those things is by

IS

Z

11

~
..'o.."..

statute,

but

is

not

in

the

present

constitution on page

85.

@);~

GOVERNOR BUSBEE: All right. Senator Barnes. SENATOR BARNES: Mr. Chairman, I move that we add a

! 14 ... new paragraph --

':z":

15 .:I

GOVERNOR BUSBEE: Give your attention.

IS

:':">

16 .~.. again if you would, Senator .

Q

Z

Start over

17 ::

SENATOR BARNES: I move that we add a new paragraph

18 XII on page 62 which would read:

19

All exemptions from taxation heretofore granted

20

in corporate charters are declared to be henceforth

21

null and void.

22

It's in the present constitution. In '45 as I

23 understand it the Supreme Court of Georgia said that violated 24 the United States Constitution, but we've got a new court,

25 they might look at it differently, and I don~t think any

PAGE 163

charter ought to have an exemption from ad valorem taxes

2 contained in it.

3

MR. HENRY: That went up on cert to the Supreme

4 Court and they dismissed it.

5

SENATOR BARNES: I don't care. There's new judges

6 coming every day, and I don't think there ought to be any

7 exemption from taxes in corporate charters, corporations that

8 own property in downtown Atlanta.

9

SENATOR BALLARD: Hhat about in Newton County?

10

SENATOR BARNES: Or in Newton County either.

I!l

Z

a;i11 j: .'o."....

GOVERNOR BUSBEE: All right. I've forgotten the

section it's on.

SENATOR BARNES: It would be to add a new Paragraph

.

! 14 1;; XII.



:z:

15 .:I

GOVERNOR BUSBEE: You've heard the motion. Is there

I!l

'";:)

16 ~... a second?

z"

17 :

SENATOR BALLARD: I second it.

18

GOVERNOR BUSBEE: All right, there's a second. All

19 right. Discussion?

20

No discussion.

21

REPRESENTATIVE CONNELL: Mr. Chairman, I would ask

22 the staff to read at the bottom of page 78 and the top of

23 page 79.

24

GOVERNOR BUSBEE: All right. The staff will read it.

25

MR. HENRY: Other changes. The proposal regarding

PAGE 164

exemptions eliminates a provision which the committee

2 determined was ineffective and thus unncessary. Paragraph V

3 of the present constitution provides that "all exemptions

4 fro~ taxation heretofore granted in corporate charters are

5 declared to be henceforth null and void." This provision

6 was included in the constitution of 1945 in an attempt to

7 repeal tax exemptions granted in certain corporate charters

8 granted prior to 1877. This proved to be ineffective since

9 the Georgia Supreme Court has held that this provision is

,',

10 void and of no effect. Thompson~. Atlantic Coast Line

I!l Z
...11 .'0".. Railroad, 200 Georgia 856, decided in 1946 .

@r l12 '"

GOVERNOR BUSBEE: Senator Ballard. SENATOR BALLARD: We should not have anywhere in the

!.. 14 state of Georgia any corporation or any private entity who

'"<I(

:J:
15 ol) does not pay taxes if everyone else in the state pays taxes.

I!l
'";:) 16 zl.D..

Now, I understand coming from Ricmnond County over

Q

Z

<I(
17 '"lD there the problem with getting the fox explaining to us how

18 to clean up for the good health of the hen house, but we

19 really need to get this thing in and help s~ of us between

20 Augusta and Atlanta get some taxes out of this railroad.

21

GOVERNOR BUSBEE: All right. Any other discussion?

22 Any other reading?

23

All right. If not, all those in favor rise and

24 stand until you're counted.

25

(A show of hands.)

PAGE 165

GOVERNOR BUSBEE: Reverse your position.

'~. ~.}

2

(A show of hands " )

3

GOVERNOR BUSBEE: All right. On the motion of Senator

4 Barnes, in the Senate the ayes were 11, the nays were zero;

S in the House the ayes are seven, the nays are ten. The

6 amendment is lost.

7

All right. Any other business?

8

Representative Adams.

9

REPRESENTATIVE ADAMS: Did you say this morning,

10 Mr. Chairman, that any motion to reconsider any article or

11

z"
j:
.0.I.l.l..:

section

of

an

article

we

had

previously

passed,

that you

@)r l12 Ill: wanted to make that motion today so we could think about it? GOVERNO~ BUSBEE: I think that would be in order,

! 14 I- Representative Adams. III :r

15 oll
"Ill:
;;)

This will not preclude it being made later, but it

16 zC..D. would give the members an opportunity to reflect on it before

0z

17

Ill: CD

we

meet,

so

if you have

such a motion I'd entertain it at

this

18 time.

19

REPRESENTATIVE ADAl1S: I would like to move that we

20 reconsider the June 30th action of this committee in removing

21 certain language from Article IX, Section II, Paragraph VI,

22 and I will offer a more restrictive language for that amendment

23 next week.

24

GOVERNOR BUSBEE: What is that on? That's Article

2S what?

PAGE 166

REPRESENTATIVE ADAMS: It's on redevelopment for

2 the municipalities and counties in Georgia.

3

GOVERNOR BUSBEE: He's served notice he's going to

4 move for reconsideration on one -- that's on the development

5 authorities?

6

REPRESENTATIVE ADAl1S: Yes. sir.

7

GOVERNOR BUSBEE: Representative Johnson.

8

REPRESENTATIVE JOHNSON: Mr. Chairman, I want to

9 serve notice that I am going to move for reconsideration on

10 the section on compensation and allowances of members of the

@;;11

'z"
j:
...o~
Go

General Assembly,

and also

on prohibiting

the

Governor

to

succeed himself.

GOVERNOR BUSBEE: You've heard the notice.

! 14 ol:-ze-n:

SPEAKER MURPHY: I ain't gonna serve no notice, but

15

olI
'"~
;)

I'm

going

to

request

they

consider

leaving

out

the

county

16 ~... commissioners local home rule thing because I don't want to get

Q

-Ze

17 : every county commissioner against this constitution in Georgia,

18 and that's about what we'll wind up with even though I think

19 it's a little bit ridiculous since we've got it in the statute

20 they want it in the constitution.

21

A VOICE: What's that?

22

SPEAKER MURPHY: Home rule.

23

GOVERNOR BUSBEE: All right.

24

REPRESENTATIVE PINKSTON: I've got one tooo

25

GOVERNOR BUSBEE: Representative Pinkston.

PAGE 167

REPRESENTATIVE PINKSTON: Mr. Chairman, I don't have

~:::

2 the language and haven't got the details yet, but at the

:~~

3 proper time I'd like to move that in the area of local

4 constitutional amendments which we previously have done away

5 with, then we have a provision that all of these local

6 constitutional amendments can be verified or reestablished

7 or ratified within a four-year period of time -- as of the

8 present time I believe that's what we voted on, Mr. Harris,

9 four years -- it is my belief and understanding that we ought

10 to flip-flop this and instead of having the local governments

~

11 "5z allover the state go to the time and effort and research
.oQ... 12 ~ and finding out what local constitutional amendments they've

~ ~ -

beert operating under and take the risk of some of them not

14 ~ getting reestablished in the four years, I would like to
'"
:I:
15 olI provide that all that are on the books as of this time be
"Ill:
;;)
16 C~D with the approval of this constitution be automatically
zQ
17 g; approved.

18

That will be the sense of my motion,

19

GOVERNOR BUSBEE: All right. Is there any other?

20 Representative Bray.

21

REPP~SENTATIVE BRAY: Mr. Chairman, the committee of

22 conference on the State Board of Pardons and Paroles

23 controversy with regard to the commutation of death sentences

24 to life and writing that into the constitution has met, and

25 Senator Ballard has asked me to make the report.

PAGE 168

Although it is not unanimous, our recommendation

2 is simply to accept what the staff had and leave all reference

3 to that out of the constitution with the idea we could

4 instruct it by statute later on.

5

GOVERNOR BUSBEE: Senator Ballard.

6

SENATOR BALLARD: I just wanted to state that it was

7 three to one, and I was against, and I'm still for leaving the

8 25 years in there.

9

SENATOR HOLLOWAY: \~at happend to the other two?

10

SENATOR BARNES: I move we adopt the conference

..11

"z
i=

committee

report .

.oG.o.

a~i GOVERNOR BUSBEE: All right. The motion is made the conference committee report be adopted. Is there a second?

! 14 ~

A VOICE: Second.

'<"C

~ 15 ~

SPEAKER l1URPHY: There's a second over here, Hr.

~

:J

16 .~.. Chairman .

Q

Z

<C

17 :;

GOVERNOR BUSBEE: All right. Any discussion?

18 Representative Burruss.

19

REPRESENTATIVE BURRUSS: Parliamentary inquiry.

20

GOVERNOR BUSBEE: State your point.

21

REPRESENTATIVE BURRUSS: If you want to maintain the

22 mandatory sentences that are in the present constitution you

23 would vote no; is that correct?

24

GOVERNOR BUSBEE: That's correct.

25

Further "rliscussion?

PAGE 169

If not, all those in favor of adopting the conference

2 committee report rise and stand until you're counted.

3

(A show of hands.)

4

GOVERNOR BUSBEE: All right. Reverse your positions.

5

(A show of hands.)

6

GOVERl~OR BUSBEE: All right. The ayes in the House

7 are seven, the nays are 13; the ayes in the Senate are one,

8 the nays are nine. The conference committee report is

9 rej ected.

10

All right. Now you need a new conference committee.

III Z
11 j:
...oIll:
Go
@;i

SPEAKER NURPHY: Same ones. SENATOR BALLARD: Give me somebody that will meet. GOVERNOR BUSBEE: All right.

14 ~

LT. GOVERNOR MILLER: Gillis -- all right, you've

1::;c;

15 ,!) been on one.

III

Ill:

;;)

16 .~..

GOVERNOR BUSBEE: He \vithdraws Gillis .

"z

17 :li

LT. GOVERNOR MILLER: Kidd, Barnes and Ballard.

18

GOVERNOR BUSBEE: All right. We need to get a

19 report by this conference committee tomorrow.

20

SENATOR BARNES: They can probably give you a report

21 right now.

22

GOVERNOR BUSBEE: All right. Any other notices?

23

SPEAKER MURPHY: If any of you gentlemen want a copy

24 of this document known as the Judicial Article that some of

25 us have worked on, you're welcome to pick it up, but please

PAGE 169""

bring it back tomorrow.

2

GOVERNOR BUSBEE: All right. We will stand in

3 recess until tomorrow morning at nine o'clock.

4

(vfuereupon, at l~:05 p.m. the committee meeting was

5 adj ourned.)

6

7

+++

8

9

10
\!I Z
@;;.11 j: .o'.".
! 14 t; :<rl
15 ~
\!I
"';:)
16 ~...
zQ
17 ~

18

19

20

21

22

23

24

25

INDEX Committee Meetings Held on Constitutional Revision Legislative Overview Committee Meeting Held on Aug. 6, 1981

LEGISLATIVE OVERVIEW COMMITTEE MEETING, 8-6-81
rroceedings. pp. 3-8
\RTICLE IV: CONSTIUTIONAL BOARDS AND COMMISSIONS 3ECTION IV: STATE TRANSPORTATION BOARD ?aragraph I: State Transportation Board Commissioner. pp. 3-5
\RTICLE VII: TAXATION AND FINANCE 3ECTION I: POWER OF TAXATION ?aragraph I: Taxation; limitations on grants of tax powers. pp. 7-9 faragraph II: Taxing power limited. pp. 9-10, 42-45 ?aragraph III: Uniformity; classification of property; assessment of
agricultural land; utilities. pp. 10-42, 70-88
3ECTION II: EXEMPTIONS FROM AD VALOREM TAXATION ?aragraph I: Unauthorized tax exemptions void. pp. 45-46 ?aragraph II: Exemptions from taxation of property. pp. 46-47, 50-67,
88-89 ?aragraph III: Exemptions which may be authorized locally.pp. 47, 89-93 ?aragraph IV: Current property tax exemptions preserved. pp. 47-50, 93-94
3ECTION III: PURPOSES AND METHOD OF STATE TAXATION .Paragraph I: Taxation; purposes for which powers may be exercised.
pp. 95-97 ;Paragraph II: Revenue to be paid into general fund. pp. 98-102 ?aragraph III: Grants to counties and municipalities. p. 102
3ECTION IV: STATE DEBT Paragraph I: Purposes for which debt may be incurred. pp. 103-108, 117-118

kegiSlative Overview Committee 18 - 6 - 81 . Page 2

:paragraph II: State general obligation debt and guaranteed revenue debt;

.~

limitations. pp. 108-117

Paragraph III:

State general obligation debt and guaranteed revenue debt; conditions upon issuance; sinking funds and reserve funds. pp. 118-123

Paragraph IV: Certain contracts prohibited. pp. 123-124

Paragraph V: Refunding of debt. pp. 124-125

Paragraph VI: Faith and credit of state pledged debt may be validated. pp.125-126

Paragraph VII: Georgia State Financing and Investment Commission, duties. pp. 126-128

'aragraph VIII: State aid forbidden. p. 128

~aragraph IX: Construction. pp. 128-129

Paragraph X: Assumption of debts forbidden; exceptions. pp. 129-144, 151-152

Paragraph XI: Section not to unlawfully impair contracts or revive obligations previously voided. p. 150

ARTICLE IX: COUNTIES AND MUNICIPAL CORPORATIONS SECTION IV: TAXATION POWER OF COUNTY AND MUNICIPAL GOVERNMENTS Paragraph I: Power of taxation. pp. 152-165

SERVING OF NOTICE FOR RECONSIDERATION Article III, Section IV, Paragraph VI. p. 166
~ ;~
Article IV, Section II, Paragraph II. pp. 167-169 Article IX, Section I, Paragraph III. p. 166 Article IX, Section II, Paragraph VII. pp. 165-166 Article XI, Section I, Paragraph IV. p. 166-167 The 1976 Constitution: Provisions with no comparable provisions in the
present Constitution. 1. Civil War bonds. pp. 145-146 2. Profit on public money. p.146 3. Sale of public property. pp. 147-149

MATERIALS CONSIDERED AT MEETING OF LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION
AND SELECT COMMITTEE ON CONSTITUTIONAL REVISION HELD ON AUGUST 6, 1981

COMMIT;'l:: . . . .'I\C:f,~5,
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 7158

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 ASSIS1 ANT EXECUTIVE DIRECTOR

ARTICLE VII, TAXATION AND FINANCE
Table of Contents

Article Committee Proposal
Strike-through-underline Copy, Present to Proposed Constitution
Cross-Reference Table, Present to Proposed Provisions
Commentary
Other Recommendations of Article Committee
Additional Staff Recommendations

0 - @ Pages
Pages @-@
@ @ Pages @ @ Pages @ @ Pages
@ - Pages

LC 5 4170

.} :)

-~

;~

"

1

COMMITTEE TO REVISE ARTICLE VII

12

2

FINAL DRAFT

13

3

NOVEMBER 13, 1980

14

4

-"ARTICLE VII.

28

5

TAXATION AND FINANCE

29

6

SECTION I.

30

7

POWER OF TAXATION

31

8

Paragraph I. I2X:2liQIlLllmilat ions on -W:9.Ilis-...QL 34

9

The _ state may not suspend or irrevocably 35

10

give, grant, limit, or restrain the right of taxation 36

1\

and all laws, grants, contracts, and other acts to

:-;

12

effect any of these purposes are null and void. Except 37

13

as otherwise provided in this Constitution, the right of 38

14

taxation shall always be under the complete control of 39

15

the state.

16

Paragraph II. Taxing ~~lim1~. (a) The 41

17

annual levy of state ad valorem taxes on tangible 42

18

property for all purposes, except for defending the 43

19

state in an emergency, shall not exceed one-fourth mill

20

on each qollar 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 corporations and other monied capital coming 48

24

into competition with such banking coroorations

25

continues in effect, such shares and other monied 49

26

capital may be taxed at an annual rate not excseding 50

27

five mills on each dollar of the assessed value of the

28

property.

29

Paragraph I II. llniformitY;---&12~fication

52

30

w:operty. (a) (I) All taxes shall be levied and 53

- I-

LC 5 4170

collected under general laws and all taxation shall 55

2

be uniform ~pon the same class of subjects within 56

3

the territorial limits of the authority levying the

4

tax.

5

58

6

59

7

8

60

9

10

61

.r I

62

12

13

63

14

64

15

16

65

17

18

66

19

20

68

2\

69

22

70

23

24

25

72

26

73

27

74

28

29

76

30

78

31

79

32

33

- 2-

LC 5 4170

(C) Property owned by public utilities. 81

2

Such property may not be taxed on a greater 82

3

_ assessed percentage of value or at a higher

4

rate of taxation than other properties.

83

5

(3) Different rates, methods, and assessment 85

6

dates for different classes of property may be 86

7

prOVided by law.

8

SECTION II.

89

9

EXEMPTIONS FROM AD VALOREM TAXATION

90

10

Paragraph I. llnaY~zed t2X- exemptions void. 93

II

Except as authorized in or pursuant to this 94

12

Constitution, all laws exempting property from ad 95

13

valorem taxation are void.

14

Paragraph II. fx~Q11Qns from taxation of property. 97

15

(a) ( 1) Except as otherwise prOVided in this 98

16

Constitution, no property shall be exempted from ad 100

17

valorem taxation unless the exemption is aoproved 101

18

by two-thirds of the members elected to each branch

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 105

23

taxation levied by local taxing jurisdictions may 106

24

be granted by local law conditioned upon approval

25

by a majority of the qualified electors residing 107

26

within the limits of the local taxing jurisdiction J08

27

voting in a referendum thereon.

28

(3) Laws SUbject to the requirement of a .110

29

referendum as prOVided in this subparagraph may 1.11

30

originate in either th~ Senate or the House of

31

Representatives and shall not be subject to the .112

32

Governor's veto.

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LC 5 4170

(4 ) The requirements of this subparagraph .114

2

sha 11 not apply with respect to a law which J 15

3

codit ies or recodifies an exemption previously

4

authori zed in the Constitution of 1976 or an 116

5

exemption autho~ized pursuant to this Constitution.

6

(b) The grant of any exemption from ad valorem .118

7

taxation shall be subject to the conditions, .119

8

limitations, and administrative procedures specified by

9

law.

10

Paragraph I I I. Ell.mlll.1.Q!l.L!WllI:L.JMY be i3ytho(1Z.e.d. 121

II

locally. (a) (I) The governing authority of any county 122

12

or municipality, SUbject to the approval of a 124

13

majority of the qualified electors of such 125

14

politjcal subdivision voting in a rp.ferendum

15

thereon, may exempt from ad valorem taxation, 126

16

including all such taxation levied for educational 127

17

purposes and for state purposes, inventories of

18

goods in the process of manufacture or production, 128

19

and inventories ~f f1ni~h~d 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 133

25

were first granted and, if the res~lts of the 134

26

election are in favor of the revocation of such

27

exemptions, then such revocation shall be effective 135

28

only at tha end of a five-year per10d from the date 136

29

of such referendum.

30

(3) The implementation, administration, and 138

31

revocation of the exemptions authorized in this 139

32

SUbparagraph (a) shall be provided for by law.

33

Until otherwise provided by law, the grant of thp. 140

- 4-

LC 5 4170

exemption shall be subject to the same conditions, 141

limitations, definitions, and procedures provided

for the grant of such exemption in the Constitution 142

of 1976 on June 30, 1983.

(b) That portion of Article VII, Section I, 144

Paragraph IV of the Constitution of 1976 which 145

authorized local exemptions for certain property used in

solar energy heating or cooling systems and in the 146

manufacture of such systems is adopted by this reference 147

as a part of this Constitution as completely as though 148

incorporated in this Paragraph verbatim. This

sUbparagraph is repealed effective July 1, 1986.

149

Paragraph IV. Current Cr9perty tax exempt1Qns 151

Those types of exemptions from ad valorem 152

taxation provided for by law on June 30, 1983, are 153

hereby continued in effect as statutory law until

otherwise provided for by law.

SECTIoN I II

156

PURPOSES AND METHOD OF STATE TAXATION

157

Paragraph I. laxation! purposes for which C~ 160 ~be exercised. Except as otherwise provided in this 161 Constitution, the power of taxation over the whole State 162 may be exercised for any purpose authorized by law. Any 163 purpose for which the powers of taxation over the whole State could have been exercised on June 30, 1983, shall 164 continue to be a purpose for which such powers may be 165 exercised.
Paragraph II. B~~-1c-~ paid into general 167 t.wlQ.. (a) Except as otherwise provided in this 168 Constitution, all revenue collected from taxes, fees, 169 and assessments for State purposes, as authorized by revenue measures enacted by the General Assembly, and 170

- 5-

@).

LC 5 4170

~:
I'~
J
;..\.
:,

all interest earned on such revenue shall be oaid into 171

2

the General Fund of the State Treasury.

3

(b) (1) As authorized by lawprovidingforth" 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 agricultural

7

products need not be paid into the General Fund of 176

8

the State Treasury. The uniformity requirement of 1.77

9

this Article shall be satisfied by the application

10

of the agricultural promotion program upon the 178

JI

affected products.

12

(2) As used in this subparagraph, 180

13

'agricul tural products' includes. but is not 181

14

limited to, registered livestock and livestock

15

products, poultry and poultry products, timber and 182

16

timber products. fish and seafood, and the products 183

17

of the farms and forests of this State.

18

(c) As provided by law. additional penalties may 185

19

be assessed in any case in which any court in this State 186

20

imposes a fine or orders the forfeiture of any bond in 187

21

the nature of the penalty for all offenses against the

22

criminal and traffic laws of this State or of the 189

23

political subdivisions of this State. The proceeds 189

24

derived from such additional penalty assessments may be 190

25

allocated for the specific purpose of meeting any and

26

all costs. or any portion of the cost, of providing 191

27

training to law .nforcement officers and to prosecuting 192

28

off lcials.

29

Paragraph I II.

QJ:ants ~ counties ..JlJld. 194

30

municipalities. State funds may be granted to counties 195

31

and muni c ipali t1 es within the State. The grants 196

32

authorized by this Paragrap~ shall be made in such

33

manner 'and form and subject to the procedures and 197

- 6-

LC 5 4170

conditions specified by law. The law providing for any 198 such grant may limit the purposes for which the grant funds may be expended.

SECT! ON I V.

202

STATE DEBT

203

Paragraph I. purposes f~~~h- debt may be 1n~LL~. The State may incur:
Cal Public debt Without limit to defend the State in an emerge ncy.
Cbl Public debt to supply a temporary deficit in the State Treasury in any fiscal year created bv a delay in collecting the taxes of that year. Such debt shall not exceed, in the aggregate, five percent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the year in which such debt is incurred. The debt incurred shall be repaid on or before the last day of the fisCRI year in which it is incurred out of taxes levied for that fiscal year. No such debt may be incurred in any fiscal year under the provisions of this subparagraph Cbl if there is then outstanding unpaid debt from any previous fiscal year which was incurred under the provisions of this subparagraph Cbl.
(c) General obligation debt to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the State, its agencies, departments, institutions, and of those State Authorities which Were created and activated prior to November 8, 1960.
Cd) Guaranteed revenue debt by guaranteeing the payment of revenue obli gat! ons issued by an instrumentality of the State if such revenue obligations are issued to finance:
- 7-

206 207 209
2.11 212 213
214 215 216
217 218 219
220
222 223 224 225
226 229
230
G).

LC 5 4170

(1) Toll bridges or toll roads.

232

2

(2) Land public transportation facilities or 234

3

systems.

4

(3) Water facilities or systems.

236

5

(4) Sewage facilities or systems.

238

6

(5) Loans to, and loan programs for, citizens 240

7

of the State for educational purposes.

241

8

Paragraph II. State Q~21 obligation debt-and 243

9

ml5U:.2.D~ revenue debt; limi tations. (a) As used in 244

10

this Paragraph and Paragraoh III of this Section, 245

II

'annual debt service requirements' means the total

12

principal and interest coming due in any SUite fiscal 246

13

year. With regard to any issue of debt incurred wholly 247

J4

or in part on a term basis, 'annual debt service 248

15

reqUirements' means an amount equal to the total

16

principal and interest payments required to retire such 249

17

issue in full divided by the number of years from its 250

18

issue date to its maturity date.

19

(b) No debt may be incurred under subparagraphs 252

20

(c) and (d) of Paragraph I of this Section or Paragraph 253

21

V of this Section at any time when the:

254

22

(I) Highest aggregate annual debt service 256

23

requirements for the then current year or any 257

24

subsequent year for outstanding general obligation

25

debt and guaranteed revenue debt, including the 258

26

proposed debt, and the highest aggregate annual 259

27

payments for the then current year or any

28

subsequent fiscal year of the State under all 260

29

contracts then in force to which the provisions of 261

30

Article IX, Section VI, Paragraph I(a) of the

31

Constitution of 1976 are applicable, exceed 10 262

32

percent of the total revenue receipts, less refunds

33

of the State Treasury in the fiscal year 263

- 8-

~.

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 aggregate 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 rAvenue debt for water facilities or systems 272

.I I

or sewage facilities or systems exceed one percent of 27'3

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 for educational purposes 277

17

that may be outstanding at any time shall not exceed 278

18

SI8,000,000, and the aggregate amount of guaranteed

19

revenue debt incurred to purchase, or to lend or deposit 279

20

against 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

Paragraph I I I. s.t.llL~oeral Qb.l1.g!!ll.Q.O_~-llllii 283

24

\oLaw.u~a.l..r-,,=a.Lln.Jot-lie-lie.)OdL--_-J.r..s;euv:..s;eu.n.ul.u!e<--...ld,,lte~b...1-~liQ.!l..L-l.U2Q.IL iss u a nee;

284

25

sinking tu~ and reserve LYnds. (a) ( I ) General 285

26

obligation debt may not be incurred until 287

27

legislation is enacted stating the purposes, in 288

28

general or specific terms, for which such issue of

29

debt is to be incurred, specifying the maximum 289

30

principal amount of such issue and approprl~ting an 290

31

amount at least sufficient to pay the highest

32

annual debt service requirements for such i~sue. 291

33

All such appropriations for debt service purposes 292

- 9-

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 shall have been 294

4

incurred, but the General Assembly may repeal any 295

5

such appropriation at any time prior to the 296

6

incurring of such debt. The General Assembly shall

7

raise by taxation each fiscal year such amounts as 297

8

are necessary to pay debt service requirements in 298

9

such fiscal year on all general obligation debt 299

10

incurred pursuant to this Section.

.11

(2) (A) The General Assembly

shall 301

12

appropriate to a speCial trust fund to be 302

13

designated 'State of Georgia Genera 1

14

Obligation Debt Sinking Fund~ such amounts as 303

15

are necessary to pay annual debt service

16

reauirements on all general obligation debt 304

17

incurred under this Section. The sinking fund

18

0' shall be used solely for the retirement

305

19

general 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 debt, t~e ~irst revenues thereafter

24

received in the ,general fund of the State 309

25

shall be set aside by the appropriate State 310

26

fiscal officer to the extent necessary to cure

27

the deficiency and shall be deoosited by the 3/1

28

fiscal officer into the sinking fund. The 312

29

appropri ate State fiscal officer may 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.

- 10 -

M.

2 3
4
5 6 7 8 9 10 II 12 <,
c
13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32

LC 5 4170

(8) The obligation to make sinking fund deposits as provided in sUbparagraph (2)(A) shall be subordinate to the obligation imposed upon the fiscal officers of the State pursuant to the provisions of the second paragraph of Paragraph I(a) of Section VI of Article IX of the Constitution of 1976. (b) (I) Guaranteed revenue debt may not be incurred until legislation has been enacted authorizing the guarantee of the specific issue of revenue obligations then proposed, recitin1 that the General Assembly has determined such obligations will be self-liquidating over the life of the issue (which determination shall be conclusive), specifying the maximum principal amount of such issue and appropriating an amount at least equal to the highest annual debt service requirements for such issue. (2) (A) Each aopropr i aUon made for the purposes of subparagraph (b)( I) shall be paid upon the issuance of said obligations into a special trust fund to be designated 'State of Georgia Guaranteed Revenue Debt Common Reserve Fund' to be held together with all other sums similarly appropriated as a common reserve for
\
any payments which may be required by virtue of any guarantee entered into in connection with any issue of guaranteed revenue obligations. No appropriat ions for the benefit of guaranteed revenue debt shall lapse unless repealed prior to the payment of the aopropriation into the common reserve fund.

316 317
318
319
321 322
323 324
325
326 327
329 130
331
132
333 -
134
335
336
137

- .II -

LC 5 4170

(8) If any payments are required to be 339

2

made from the common reserve fund to meet debt 340

3

service requirements on guarantep.d revenue

4

obligations by virtue of an insufficiency of 341

5

revenues. the amount np.cessary to cure the 342

6

deficiency shall be paid from the common

7

reserve fund by the appropriate State fiscal 3.43

8

officer. Upon any such payment. the common

9

reserve fund shall be reimbursed from the 344

10

ganeral funds of the State within 10 days

JI

following the commencement of any fiscal year 345

12

of the State for any amounts so oaid; 346

13

provided. however. the obligation to make any

14

such reimbursements shall be subordinate to 347

15

the obligation imposed upon 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

make sinking fund deposits for the benefit of

21

general obligation debt. The aooropriate 351

22

State fiscal officer may be required to aoply 352

23

such funds as provided in this subparagraoh at 353

24

the suit of any .holder of any such guaranteed 354

25

revenue obligations.

26

(C) The amount to the credit of the 356

27

common reserve fund shall at all times be at 357

28

least equal to the aqgregate highest annual

29

debt service requirements on all outstanding 358

30

guaranteed revenue obligations entitled to the

3\

benef i t of the fund. I f at the end of any 359

32

fiscal year of the State the fund is in excess

33

of the required amount. the excess amount 360

- 12 -

LC 5 4170

shall be transferred to the general funds of 361 the State free of said trust. (c) The funds in the general obligation debt 363 sinking fund and the guaranteed revenue debt common 364 reserve fund shall be as fully invested as is 365 practicable, cons.istent with the rp.quirements to make current principal and inte rest payments. Any such 366 investments shall be restricted to obligations 367 consti tuti ng direct and general obligations of the 368 United States Government or obligations unconditionally 369 guaranteed as to the payment of principal and interest by the United States Government, maturing no longer than 370 12 months from date of purchase. Paragraph IV. Certain contracts prohibit~. The 372 State, and all State institutions, departments and 373 agencies of the State are prohibi ted from entering into 374 any contract (except contracts pertaining to guaranteed 375 revenue debt) with any public age ncy, public corporation, authority, or similar entity if such 376 contract is intended to constitute security for bonds or 377 other obligations issued by any such public agency, 378 pUblic corporation, or authority and, in the event any contract betw~en the State, or any State institution, 379 department or agency of the State and any public agency, 380 pUblic corporation, authority or similar entity, or any revenues from any such contract, is pledged or assigned 381 as security for the repayment of bonds or other 382 obligations, then and in either such event, the 383 appropriation or expenditure of any funds of the State for the payment of obligations under any such contract 384 shall likewise be prohibited. Paragraph V. ~tuud1DQLof debt. SUbject to the 386 limitation contained in sUbparagra~h II(b) of this 387

- 13 -

@.

LC 5 4170

Section, the State may incur general obligation debt or 388

2

guaranteed revenue debt to fund or refund any such dp-bt

3

or to fund or r~fund any obligations issued upon the 389

4

security of contracts to which ~he provisions of the 390

5

second paragraph of Paragraph I(a), Section VI, Article 391

6

IX of the Constitution of 1976 are applicable, The 392

7

issuance of any such debt for the purposes of said

8

funding or refunding shall be subject to the 10 percent 393

9

limitation in Paragraph II of this Section to the same 394

10

extent as debt incurred under Paragraoh II; provided, 395

11

however, in making such computation the annual dp-bt

12

service requirements and annual contract payments 396

13

remaining on the debt or obligations being funded or 397

14

refunded shall not be taken into account. The issuance

15

of such debt may be accomplished by resolution of the 399

16

Georgia State Financing and Investment Commission

17

wi thout any action on the part of the General Assembly 400

18

and any appropriation made or required to be made with 401

19

respect to the debt or obligation being funded or 402

20

refunded shall i.mmediately attach and inure to the

21

benefit of the obligations to be issued in c~nnectlon 403

22

with such funding or refunding. Debt incurred in 404

23

connection with any such funding or refunding shall be

24

the same as that originally authorized by the General 405

25

Assembly (except that general obligation debt may be 406

26

incurred to fund or refund obligations i~sued upon the 407

27

security of contracts to which the provisions of the

28

second paragraph of Paragraph I(a), Section VI, Article 408

29

IX .of the Canst! tution of 1976 are aopl icable and the 409

30

continuing appropriations reqUired to be made under the

31

said provi,sions of this Constitution shall immediately 410

32

attach and inure to the benefit of the obligation to be 4.11

33

issued in connection with such funding or ~e.funding with 412

- 14 -

LC 5 4170

.,

?

the same force and effect as though said obligations so 412

2

funded or refunded had originally been issued as a 413

3

general obligation debt authorized hereunder). The term 414

4

of a funding or refunding issue pursuant to this 415

5

Paragraph shall not extend beyond the term of the 416

6

original debt or obligation and the total interest on

7

the funding or refunding issue ~hall not exceed the 417

8

total interest to be paid on such Driginal debt or 418

9

obligation. The principal amount of any debt issued in 419

10

connection with such funding or refunding may exceed the 420

J1

principal amount being funded or refunded to the extent

12

necessary to provide fo.r the payment of any premium 421

13

thereby incurred.

14

Paragraph VI. __ E211h~~i1 ~ State pledaed 423

15

Wi.__I!l2L....b.L validated. The full faith, credit, and 424

16

taxing power of the State are hereby pledged to the 425

17

payment of all public debt incurred under this Article

18

and all such debt and the interest on the debt shall be 426

19

exempt from taxation. Such debt may be validated by 427

20

Judicial proceedings in the manner provided by law. 428

21

Such validation ,shall be incontestable and conclusive.

22

Paragraph VII. Georgia State fl nanc i no and 430

23

lnvestment Commission, duti~. There shall be a Georgia 431

24

State financing and Investment Commi ss ion. The 432

25

Commission shall consist of the Governor, the President

26

of the Senate, the Speaker of the House of 4 '33

27

Representatives, the State Auditor, the Attorney 434

28

General, the Director, fiscal Division, Department of

29

Administrative Services, or such other officer as may be 435

30

designated by law, and the Commissioner of Agriculture. 436

31

The Commission shall be responsible for the issuance of

32

all public debt and for the proper application, as 437

33

provided by law, of the proceeds of such debt to the 438

- 15 -

LC 5 4170

.; ~~
purposes for which it is incurred. provided, however, 439

2

the proceeds from guaranteed reve nlle obligations sha 11

3

be paid to the issuer thereof and sllch proceeds 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

must be allocated, disbursed and used solely in 444

9

accordance With the original purpose and without 445

10

exceeding the principal amount authorized for each

.1 I

purpose set forth in the authorization of the General 446

12

Assembly and to the extent not so used shall be used to 447

13

purchase and retire public debt. The Commission shall

14

be responsible for the investment of all proceeds to be 448

15

administered by it and, as provided by law, the income 449

16

earned on any such investments may be used to pay 450

17

operating expenses of the Commission or placed in a

18

common debt retirement fund and used to purchase and 451

19

retire any pUblic debt, or any bonds or obliQations 452

20

issued by any public agency, public corporation or 453

21

authority which are securad 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 455

24

aoplicable. The commission shall have such additional

25

responsibilities, powers, and duties as are provided by 456

26

law.

27

Paragraph VIII. ~tate aid forbidden. Except as 458

28

provided in this Constitution, the credit of the State 459

29

shall not be pledged or loaned to any individual, 460

30

company, corporation, or association. The State shall

31

not become a joint owner or stockholder in or with any 462

32

indiVidual, company, association, or corporation.

- 16 -

LC 5 4170

Paragraph IX. CQnstruillQD. Paragraphs I through 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 nQW or hereafter enacted by 467

5

the General Assembly in furtherance Qf their provisions

6

shall be liberally construed to effect such purpose. 468

7

Insofar as any such provisions or any such law may be 469

8

inconsistent wi th 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

II

Paragraphs shall be controlling; provided, however, the 472

12

provisions of such Paragraphs shall not be so broadly 473

13

construed as to cause the same to be unconstitutional

14

and in connection with any such construction such 474

15

Paragraphs shall be deemed to contain such imolied 475

16

11mi tations as shall be required to accomplish the

17

foregoing.

18

Paragraph X.

Assumption oL....d~ fQrbiddJillJ. 4.77

19

exceptiQns. Except as specifically authorized by 478

20

general law enac ted by a vote of two-thirds of the 479

21

members elected to each house of ths 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. ~1i2n- DQt tQ unlawfullY-imQ2iI 483

26

The 484

27

provisions of this Section shall not be construed so as 485

28

tot

29

(al Unlawfully impair the obligation of any 487

30

contract in effect on June 30, 1983.

31

(bl Revive or permit the revival of the obligation 489

32

of any bond or security declared to be void by the 490

33

Constitution of 1976 or any preVious Constitution of 491

34

this State. II

- 17 -

LC '5 4169

I

CO.MMIITEE TO REVISE ARTICLE VII

12

2

FINAL DRAFT

13

3

NOVEMBER 13, 1980

14

4

"ARTI CLE VI I.

28

5

TAXATION AND fINANCE

29

6

SECTION I.

30

7

PoWER OF TAXATIoN

31

8

Paragraph I.

34

9

35

10

36

II

12

37

13

38

14

R&~-err~~~r-de~er~~&A~~-&~-~&-S&&~A~~--&~~&&r~~ed

15

&t--~~~~A~~~~~~~&AT-~Aer-ee~-Aee~h&-a~~~~~~y-te~ 39

16

Ih~~may not susp~~ irrevocably give, grant, 40

17

limit, or restrain ~~f~ tha right. 2! taxation Rnd all 41

18

err laws, grants, contracts, and

other actsT-w-l'lat-~Of!'e-~. 42

19

43

20

effect any of these purposes.-~err-be.-eAd-a~e---Ae-~eby.

21

e&e~&~ee--~&--be ~ null and voidT ~~-&&~-e~~~&5e 44

22

wA&~~&&~~-&Ae-5atd~--Ex~as otherwise provided in 45

23

10is Constitution. the right of taxation shall always be 46

24

under the complete control .O... fT-&Ad-~&&&~r&-bYT the

47

25

State.-R~wt~~~~aAdtR~--eRY--~~~~T-~~eR~--~r--e~A~rae~T

26

wA&~~e&rT-by-t-~-Se-Re~ar-A~~embry.

48

27

~~e---~~we~---~--~&~--e&r~~&~~&R~--aRd--e&r~ara~e

50

28

51

29

30

Paragraph II. [Taxing Power Limitedl. tal. The 53

31

annual levy of State Ad--~~ taxes on ~iQle 54

- I-

"

LC 5 4169

2

all purposes, except ~o-~ro~fee for re~e~~~A~-~A~a~~OA~, 56

3

l*t~J"&-~5-i-Fl~--i-Fl~l:tl"l"-eet+oFl5-.-01" defending the State in

4

~i-~e-o~-wal" an eme[ge~, shall not exceed one-fourth 57

5

f+~4+ mill on each dollar of the ~~~ value of the 58

6

property ~a~a~~e-i-Fl-~~e-S~a~et-pro~~eet-~6~eert--~~at 59

7

l:tFl~i-r--~eme--o~~er--~et~oe--~er~~!~ee-~y-~~e-taw~-o~-t~e

8

YA~tee-S~~&5---for--~~e--~a~a~i-&FI--o~~at~oAar--eaA~fA~ 60

9

a~~oeta~~A~--&I"---&&~l"-a~i-&A~-~-eA~~ee-ey~~-SeAerat 61

10

~~s-emery-~&r-~~-~a*a~~oA-6f-~~eL

II

lb) So IQng as the method of-1ex21ion in effec~ 63

12

~~~,. 1980. for the taxation of shares of stock 64

13

of banking corporations and other monied capital coming 65

14

intocompeti tion with such banking corporationsT--!tl:te~ 66

15

pro~r~y QDtlnues 1D-~~ such shares aod other

16

monied capital may be taxed at a an AnnUAl rate not 67

17

exceeding five fS+ mills on each dollar of the assessed 68

18

value ~&e~ of the ~~.

19

Paragraph III. [Uniformity; Classification of 71

20

Property]. iAl---ill All taxes ShAll be leVied and

21

collected under general laws and ~l"--~l:teri-e 73

22

All pl:tP~~~--oFl~--*tt taxation shall be uniform 74

23

upon the same class of SUbjects within the 75

24

territorial limits of the authority levying the

25

tax. Sra~~e~

26

(2) CQunties may be authorized by general~ 77

27

.1Q... levy and cQllect busine~nd..~W1QD.ll 78

28

license fees aod ! icense taxes

29

u....n....i....n...c....Q..r..-o.o...r.".'a.t...e....d.. _.a.....r....e...a...s.._. o><.4-f ...1h.!L cQunti es. 10 the 79

30

absence ...JJ1..-. a genera! law. a county may..M 80

31

aythorized by ~l--l~ to l~~nd-- cQllect

32

bysiness and occupational license tMS and lll.e.D2 81

33

taxes io the ynincorpora~ area of the cQunty

- 2-

LC 5 4169

Each amendment of local aoolication to the 82

2

-CQils.11t ution .-Q.Ll21~QL_~1n~SJ1part of the 83

3

~QllS.Utution Qf 1976 whi ch authQI:li~ county -.to.

4

tax- as provided in ~ 84

5

sub-sUbparagraph-l2l-1~hereby cQntinued 10 ef~~ 85

6

ss--statutory law unlil Qther~~~royided for by

7

~&.

8

(b) (1) Except ilS_QJ;herwise w:.2tlQ.eJLJ.o.....-...t.h1..s. 87

9.

subparagraph. classes of subjects fQr taxation Qf 88

10

prQperty shall consist of tangible property and ~ne 89

.11

or more classes of intangible personal property

12

including money.

90

13

~~~~&w~~-~e-&~a~~~y-~&~e~~Y-~A&~~e~AQ-meReY--~~ 91

14

~a~a~~A.---aAe---~---ee&~~--e~~~&~&A~--~e~--eAd

15

dtl~~A~~~~~-~~-..e~~~&~&A~--e~a~~e~--e~--~~~~

92

16

~~~I"~Y'T

17

N&~w~~~~~aAd~~--eAY'~~tAQ-~e-~~~-e&A~~e~-e&A~&~Red 94

18

~-~~~-Pe~~~e~~.-~~e

19

(2) SUblect to the cQnditi~o~ aDd limitati~ 96

20

~fied by ~ 6~~~e~--h~~&mery---,~er~--ee 97

21

&~~~~~&6--~--eA&e~--~~Q~9~&~~A-~~&~~~-eAY'-eAd 98

22

&~+-ifteo*.~-~Mere9i'-tAet~d~AQ-~!"e*,re~~Teas:;'b of the

23

followina types of property may be ~lassif1ed as a 99

24

s~parate class ~~&m--e~~e~--e~~~~, of ~e~~~e 100

25

property for ad valorem property tax purposesT--eAd

26

*--a9&~~--dt~~&~eA~--re~e~T--me~~ed9-&~-e~~,~m&A~ 101

27

de~e9-~er-~~~-~e~e~teA-&~--,~e~--~I"&~~~Y'.--eA6--~e

102

28

~Aee~--reQt're~teA--eeA9t'~A~--~e~ewt~~-~e-~~eeA~

29

eAY'--~er,eAT--~~~--&~--e&~~~e~~eA--~l"em--e,ee~tAQ 103

30

~eY'~A~--&~-~~et~-~e~r-,~e~-ef-ed-ere~-~a~~-&A 104

31

ge~-IIl&~er-~~~ere'T

32

N&~w~~~,~eAdtAQ-eAY'~~~AQ-~e-~~&-eeA~pa~--eeA~e~Aee 106

33

tA---~~t,--~a~&Q~a~~.--~~&--6eA~~~--*~~emerY'-~~err--ee J 07

- 3-

~ ~..

LC 5 4169

a~~~a~~~ee-~6-eA~~-~~~~a~~aA--~~ee~~A~--eRy--eRd--et 108

2

~~~--~me~,--6~~e~--~~aA--~~a~e--ffi6bfe--~6ffie~--wR~e~

3

~~a~~~y-~e-6wAep-~~~a~-~6P-~~-~ffie~~ead-~ro~er~-~e~

109

4

e~effi~~~A-~Ade~-~~~a-~awT--a~--e--~e~e~e~e--e~a~~--e~

110

5

~r6~er~y--f~am-a~~er-e~a~~e~-e~-~a~~~e-~pe~er~y-~er-ed

6

erel"e"m-e-e~-p~r~6~e~ ...--eRd--~e--ade~~--di-~~e~e~--"R~e~T

.III

7

me~~od~--ep~-a~~e~~ffieAt--de~e~--~~-~~e-~*a~~R-ef-~~e~

.112

8

~ra~e,.~y-aAd-~-eAae~-~~~~~e~~oR-eoR~~~~eA~-~erewi-~~-~

,113

9

~~eeA~-eAy-~e,.~aAT-fi-rffi-ar--eo~pore~+aR--~~--e~ea~~~

10

pe"'llleA~-~f-~~e~,.-fa~~-~~a~e-e~-ad-e~el"'ellt-~e*e!t-eA-~"+d .114

II

lllob+re-~OIlle~TL

12

CA) M~--Uh1.C..les. inclUding trailers. .116

13

(8) Mobile homes oib~-1ban tbo~ mobile .118

14

b.Qmes whiclLWJll1t~-.QliD.e.r of the home for ,119

15

a homestead ~~Q1ion from' -ad-- valorem

16

taxation.

17

Ce) Pr:Qwu:..i~_~~ public utilities. 121

18

~~--Se~e,.er--~~~elllerY--ffiey--~~~e---far---"

\22

19

d+ffe,.eA~---llle~~ed---eAe--~~~Ille---of--,.e~M"~~T

20

e~~e~~llleA~~T--~e.,.meA~--eAd--eeree~~eA--ef--e~ 123

2\

eorelll--~a~~T-~-~er~e~~~r~~~e~T-eM~-Ae~

22

~property may not be taxed -an a greater 124

23

&e~~~ assessed percentage of value or at a 125

24

higher rate of taxation than other properties.

25

(3) Pitfer~t-La~s, meth29~ and assessm~ 127

26

d~ for different- ,lasses of prooerty may be 128

27

proVided by law.

28

.sillION I!.

131

29

EXEMPTIONS ERQM....AD...ULOREM TAXAI.I..UN

132

30

Paragraoh I. Unautb,Qr.lzed -I..w:L. Exemptions Vold. 135

31

E.x~pt as authorill!L In or --alJLs!!ant -.t.Q....~ 136

32

Constitutlon, all--l~s-~~mpting property from ad 137

33

valorem taxatlon are void.

LC 5 4169

Paragraph fT ~ [Exemptions From Taxation Qf 139

2

E.rQQJU:iYJ. (a) (IL-E~C12L--ft.S...-Qi~.I:wlse provided in 140

3

.tbiLCQ.ns.li1u.ll.on. no property sba II bl'! ~J2kQ 142

4

tL2m- ad valQ~ID- taxation unless the eXl'!mptioU-ls 143

5

approved by tWQ-thlrd~-2~_~~ elected ~ 144

6

~~ branch Qf-.the General Assembly in a rQll-call

7

vQte and by a majQrity Qf the Qualified el~iQ~~ 145

8

the~ta~ VQtina in a ~ierengum thereon.

9

(2) HQmest~9-~mptiQns from ~ valQrem 147

10

19xat12D- levied by~al taxing lurlsdictiQns~ 148

.11

be granteg by local law ~QDQit1QD~-U~ aooroyal

12

~ major1..D!- of the Qualified electors residing 149

13

within the limit~Qf~ lQcal taxing jurisdictipn 150

14

15

(3) Laws syblect tp ~ requirement ~ 152

16

refer~ndum as prQY1Q~ in this s~~ragraph may 153

17

Qria1~-ln- either the Seo21e pr the Hous~t

18

Represeotatives aod shall OQt ~ sublect to ~ 154

19

~llQti.s vetp.

20

(4) Ih~~LaIDents pf this SUbparagraph 156

21

shall not ~DPl~ with respect tQ a law which 157

22

~Qd1t~ pr recpdifies ao exemptiQo ~evipysly

23

~u.1b.Prized .....1.J:L the Coostitl/tlpo of (976 pr an 158

24

exemption aythorizeg .pur SYS!.D.t..JdL.this CpnsUtyt12Jl... 159

25

ibl- Ihe gr2n1--2!- any exemption from ad yal~ 161

c.

26

t.sI~ll~ sha 11 be sW2~tl-_iQ.__tl<Jh...,e'----"c.:.t.p..n...d.....i...t...i~.p...n.Ms...... 162

'.'

27

limitations. and administrative pI:Q~dure5 specified by 163

28

~ ~~e-6eAerer-A~~embry--mey.--by--rew.--e~e~~~--~Pe~

29

~~&~~A--~&rr--~Mbr~~--~r&~r~y~-~raee~--&~--ret~~6M~165

30W&r~Af~-~~~~~&r-&Ae-ett-~Pe~r~~--&WAee--by--r~r~~e~~

31

1.66

32

167

- 5-

(@.

N ~

~ ~ ~ 00 ~ 0

- N ~ ~_ - -

~ ~ ~ 00 ~ 0 -

N ~ ~ ~ ~ 00 ~ 0 -

N~

_-

-

-

-

N

N

N

NN

N

NN

N

N

~

~

~

~

.;".;'~!"i- ":;~ ;'":-:-;::.

LC 5 4169

191

2

~~~~-~~eeffie-e~--~Ae--~~~e~tYT---~Ae--GeAe~al--A~~e~~ly 192

3

!ffl.&ll--f.tt~t:Ae~--A&e-"ite-,*e-J"'-t:e--e-~e~I't~-fl"e-~-t:a~&t:~oA-f1t~1ft 193

4

PJ"'e-e~t:~T-~A&l~e~A~-~&ree-e6~~e-AT~J"'e-,*~--~R--t:A~~--;~&~e 194

5

a~e-~~elft&~R~A~--~R--~Ae--A&~~--ef-~~-~~~&e~T-~~~-Ae~

6

le~el"-t:AaA-fer-t:~e-yee~-~e~~-ef~e~-t:Ae~~-I'tl"ee~et:~eRT

195

7

+~e--GeAe~e}--A~~elft&}y--~~--AeJ"'eBy--a~t:~r~ree---~e 197

8

pl"'&i4e--by--tew-t:~et:-alr-~e"~Rai--ei-e~~~~-a~e-eHee~~T 198

9

A&~~~&~-f~l"R~t:~reT-f~l"R~~A~A~~T-~~~l'tlfteA~T--a~pt~aAee~ 1 99

10

.11

200

12

201

13

A~~elft~ry--~~--f~~~Ael"--&~t:ROl"~ree-~-p~~&-~y-i-ew-tRat 202

14

l!t+r-~o6r!t-eAe-i-Iftpl-eitle-At:~-ef-t:J"'l!tBe-ef-lftaR~ei--re~el'el"'~-eAd

15

.d&lfte~~~-eA~ai-~-~Aai-}-ee--e~~~--f~61ft--;t:at:eT--ee~At:YT 203

16

~~~~per--&~--~eReer--e~~t:I"'~t:-~-atel"'elft-t:a~e~T-~R-eR 204

17

emo~Rt:-Rot:-~-e~eeee-~3~r~-~~-ee~~ar-ei-~eT

18

206

19

207

20

208

21

22

209

23

ea~Rt:y-a~--~eReer--~~r~o~e~--e~ee~t:--~~~--re~ee--by 210

24

Ift~R~e+~ei-t~+e~--fol"'--~&Aeot--I't~J"'P&~e~--a~-e~ep~-t:e-eay 2J 1

25

26

212

27

~e--~~~---arl"'el!tBy---eR~~~ree--~e--R&lfte~t:ead--e~elft~t:teRT 213

28

~rt:~~e~-~~-t:Ae-~~oQl"elft-of-r~l"ei--Ao~~~R~-eAe-e~t:a~A-a

29

214

30

~~P~~--Ae--~Aatr--Be--eRt:tt:ree-t:o--~~e-t:Ae-~&lfte 215

31

~e~t:eae--e~elftp~~eR--a~--arrowed--eefepe--lfte*~~--~~eR

32

eeRf:l"aet:. . --'f~e- -Ge~el"'e}--11 ~~ elftbry -lftay~~&lIt-Hlfte-t:e-t:~e 216

33

rowel"-~a~-e~elftl'tt:~~-~-R&t:-re~~-t~aR--~r~~reer----'fRe 217

- 7-

LC 5 4169

,;~
~'.j"
;~
veT~e--~f--ai!--~~&~~~~--fR-~~~e~~--e~--~~e--~~~e~~tA~ 217

2

e~em~~teR~--~~aTT--~~a~~--~~~ee~--~--~a~e~te~~---5atd 218

3

4

a~~~~e~~ee-~-~~e-Se~e~eT--h~~~~bty~---f~e--e~~~~~~eR 220

5

~e~e~R--~~v~~--f~~-~~aTT-~e~-a~~l-~e-~a~e~-te~~ae-by

6

RlI::t~~e+~aH~i-e~T

7

J:lTe.l"e-- -~aTl--be--e~e~~~- -f~efft"-- -e1-t--ee-- - ... aTe~e~ 222

8

~~~eR~tb~--~a*~~-fR-~~f~-5~a~eT-~~e~~e~fft"e~-v~~i-~~-~~e~~ 223

9

&f-&-~~~i-e~&~-e~~~e~&~feR-~e~-detR~-b~~~~e5~--tR--~~f9 224

10

S~a~eT-~f-a~-tea~~-~i-R~~-~ep-eeR~-e~-~~e~-ee~~e..R.e-~i-~~

II

~~~&~--i-s--e~A~e--~y--a--See~~i-a--ee~~e~a~~~--wi-~~--i-~~

225

12

~~~A&~~a~-~~aee-ef-~~~i-Re9~-i~ea~~e-~~--~~+9--S~a~e--a~e 226

13

wa~--&a~~~ee-e~-~~~~a-f&~-~~e-~~p~e~e-ef-eRabTi-A~-~R~

14

~a~eA~-eem~e~y-~~-eapP-&~-~fft"~-~a~~-&f-~~5--e~~~~i-~~~e 227

15

li-A&-ef~5i-A&~5-~P~~~~-~~eR-~~b9tei-apYT

228

16

~-~~~~~a~~~e-fft"ay-e~~~~-f~efft"-~a*a~i-&A-~R~a~~fe 230

17

~~5&Aa~-~~e~ep~--ewRee-by-a-~~~~~-fep~i-~-a-&a~~-&f-a 231

18

~eR9~AT~pefi-~-9Rapf~~-ep--~~ee~--beA~9-~laA--i-f--~~eh 232

19

~~~5~--i-s--e*e~~~--f~-Feeep&~-tR~~e-~a*-~Aeep-See~i-&A

20

.e~~&~-~~~~e-Feee~&~-~A~e~Aa~-ReveA~e--eeeer---E*i-5~~ 23l

21

faw9-~e~e~tA~--~MeR--~~~~e~~y-f~-~a*&~i-&A-ape-~epeby 234

22

23

Eee~et~abfee-ve~epe~T-e9~~ei-~af~e~~~i-AeaT-~~e 236

24

~--&-e~~t~~A-aA6-~~~&A~-&f~~fe.-i-9-AepebY-~~8R~ed 237

25

aA~~~~~&A-&~-$eSTeee~ee-eA-~~~--~e~e9~aeT--w~~--~e 238

26

e~A9--&Rd--wA~&~-~e-e&~~&T~y-ee~~~~-&~-a-pe~~e~~-aA6

27

A&~e~~&e6T-~M&~-e*e~~~i-eA--eei-A~--~~e~--afl--ed--v6te~em 239

28

~*&~eA---fe~---S~&~&T--eeMR~Y'--~MAi-ef~ef--eRd--~e&t 240

29

~~~e~e~r--J:A.e-.,.a~-ef-&H-~,.el'l!",.~y-tR--e*e-~~~--ef--~Af': 241

30

&&&v-e--e*&~~~e-&~MA~-~~eTf-~~et~-~~b~~~-~-~a~&~i-eAr

31

32

33

- 8-

LC 5 4169

",:~

~)

5~a~~~--eft~&~ed.--whe~her-MAder-YA~~ee-5~~e~-ee~aAd-&r

244

o~

)-~

2

&~~~pW~~.-a~-w~&-~~-dt~abted-dMe-~e-te~~T-&r--te~~--&~

245

3

~~.--e~--ee~~--~e~--e~~Feffl~~~e~.--~~e~-a~~o-~reetMde

246

4

~&&~~~-w~~Ae~~-~~e-&td-o~-braee~.--er~~e~e~.--eeRe~.

5

e~--a-~~te~a~r,-er-et~RdRe~~-tA-be~h-eye~.-~a~A~-&~ty

247

6

t~~h~-~eree~~~eRT-~t~~-~~~.-&~--te~~--ef--~~e.--ef--oAe

248

7

t&wer--&*~~em~~YT-&r-d~e-~e-~~e-te~~.-&~-~~~-e~~~e.-&~

249

8

&A&-t&we~-~*~~emt~y-~o~e~her-wt~A-re~~d~&t~--&~--&~~eAte

9

d~~e&~~--&r--~Rj~ry--wAieA--~&--a#~ee~--~Ae-~MR&~~R~-&f

250

10

bataAee-&~-~re~~t~teR-a~-~e-~reet~-leeem&~teA--W~~Ae~~

251

11

re~&~~--~-a-wAeereA&~~r--~-~Rema~rted-wtdew-er-mtAo~

\2

eA~rd~eR--e~--&A~--~~~A--dt~abree--e~eraR.--a~--a~~~Aed 252

13

~re~AT--~ha+r--&r~--b&--eR~t~red--~--aA--~~em~~~A-&f 253

14

~?Steeer~-eA-~~~~~ead-~-roA~-&~--~-~Rre~&rr~ed

15

w~dew--er-~~R&~~~~~A-eeA~~R~e-~e-&e~~&rry-eee~~Y-~Ae 254

16

Aeme-&~-a-r~~~deA~e-aAd-A&~e~~eeeT-~~eA-e~em~~f&R--befR~ 255

17

f~m---&rt---ad--arerem--~&*&~teA--fer--5~a~e.--ee~R~Y. 256

18

m~Atef~al--aRd--~eAeet--~~r~~~~---~h&--at~e--&f---&tt

19

~~l"~Y--~R--e~ee~~~~f-~.elfoefll~t!+eR-~.I'"&A~ed-"'eretA-~e 257

20

~-~~raAT-A~~-~Arem&rrted--w~&w--&r--mtRer--e"'trdre" 258

2\

~Aatr--r&m&~A--~~fee~--~--~a*&~teAr--~Ae-5~a~e-~eeR~e

22

Semm~~~~eAer-~~-~e~by-&~~~r~~-&Ad-dtree~ed-~e-Re~~fy 259

23

eaeft-~&*-E-e-tte-e-~r.-i:-a*-reeeter-eRd-~a~-eammf~~teFtel"-+A 260

24

~At~--S~&~e--~A--~e--eeA~--~At~---am~AdffleR~---~---~he

25

Se"~~t~~M-eA---t!!l-- -P&~~~ted--by--~~e--e teet:oret:e-.- --'fA@' 261

,

26

e~em~~~R-~re~ded-~p-AepetA-~~ar~-ae~y-t:e-atr-~&~abre 262

27

year~-be~~AAtR~-a~~el"-geeem~p-3~T-~978T

28

ea~-~&P~&R-W~-~~-~t*~-fte--~6S~-year~~~-~~-~r 264

29

ee.l'"--~~--Ae~y~raA~&d-aA-e*em~t:~eA-from-ett-5~6~e-eAd 265

30

&e~R~y-ad-aterem-te~e~-~R-~e-eme~Rt:-e#-.4rQggrgg-eA--a 266

31

h&me~t:eed--ewRe-d--aAd--oee~~ted-bY-A~m-a~-a-re~~deR&e-~

32

~~~-Ae~-~eome.-t:~e~Aer-w~~--~Ae--Ae~--tAee~e--e~--At!!l 267

33

~~~-~-e~~-eee~~te!!l-aft6-re~tde~-at:-~~A-Aeme~~eadT 269

-9-

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~

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~

~
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~
~

~ ro

NN

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~

0ro

r-o

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r~o r~o r~o
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r~o rroo
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NN

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LC 5 4169

,

~

2

3

4

~~~~~a~~~~--~&~--aRy--y~a~--aRe-~~~-~a~e~~~~~~&R-~~&Tt

5

e&R~~~~-~&-Be-at~wee-~-~~e~-&W~~r--+~-~~at~--be--~~e 296

6

7

8

~R~tt~~~--fo~-aRy-~~a~&R-~~-~~-~~~m~~~eA-~~evteee-tA 29~

9

~~t~~a~~~a~r--~~-G&R~~at-h~~~MBry-may-~~eytee-eY-raw 299

10

~~--~~&--~~~e~--adMtAt~~~a~~A---e?---~~t~---~~~m~~~A 300

.II

~&r~t~-~~R&r~t~~--Ree~~~a~y-~~e~~~e~r--~-~A&~a~d 301

12

e~eM~~teR-~~&yteee-~~-~~~~A-~~tr-ae~ry-~e-atr-~a~abte

13

y&a~~-~AAtA~-a~~~~-ae&eMbe~-3~-~974T

302

14

~~e-6eR&~ar-h~~ry-~atr~&V&--~~e--e~~~e~t~--~o 304

15

~p&Y~e--~a~-~~e-e~~M~~toA-f~em-eRy-aAe-atr-~a~&~teA-&AY 305

16

17

18

wa~~-~&tr~~teAr---~~e--SeA&~ar--h~~eMBty--t~---~~~~~e~ 307

19

&tf~&1"'t~ee--~--~~&V'4-ee--~1"'--~--MaAA&1"'--tA-w~i-&~-~~e~ 308

20

~~eM~~feA~--~~att-~~--~~aA~a--aAe--~--~1"'~&1"'tee---~~e

21

~1"'~~~~~t~t~~~--w~t&~--~~atr~-1"'e~~t1"'~d-~-e&-Me~-befo~e 309

22

aAy-~~&~--e~~M~~teR--~~att--e~--Q1"'eA~~aT--tA&t~dt"~--~~e 310

23

ee~t~Aa~~R---ef---&Ay---a~~~&~1"'ta~---5~a~&--a~e~--&~

24

&~&Atp:aHeA-~o-wl'tte~--~~e--S~A~~ar--,lr~~~ry--~~att--be 311

25

26

27

1"'~~~~te~~t~~~-&~-~~t~-~e1"'aQ~a~~~

313

28

~~e---~eYe1"'AtA~---~~~~e1"'t~y---of---a~---&a~A~y--o~ 315

29

30

tAet~t~-att--~~I't--~&~&~--t&vtee--fe~--5~e~~T-eO~"tYT 317

31

m~A~&t~&rr-&~-~&h&ar-~~~~a~~--ett--ef--~~--vat~~--ef

32

ee1"'t&tA-~e"~ter&~~~~~~y-~~a-tA-e-~era~-&Ae~~y-~ea~tA~ 318

33

&1"'-&e&rt~-~y~~mT-eAe-att-~he-vet~e-ef-&~~atA-~aA~tere 319

-J 1 -

@.

LC 5 4169

~r~~~rey--e~ft~t~~tft~--e~~y--e~--fflaeAtfte~y--eftd-~oat~ffleft~ 319

2

et~e~~y-~~ed-t~-~Ae-ffleft~~ee~~~-e~-~e~a~~~e~~Y-Aea~t~~ 320

3

e~--eee~tR~--~y~~~ffl~r---Fe~---~Ae---~~~~e~e~---e~---eht~ 321

4

~~b~&~&~~e~A,--~e~e~--efte~~Y--Aeatt~~-e~-eee~tft~-~y~t~m~

5

~heT~-ffl~eft-aAd-tR&~~e-aT~-ee~t~eT~.-~eftk~,-~~m~~.--A~a~ 322

6

e~eAaA~~~.---a~a--e~AeF--~~~t~m~ft~--~~ed--df~~e~Ty--aftd 323

7

e~eT~~t&~y-~eF--~Ae--eeft~e~~te~--e~~~~e~ar--efte~y--~er 324

8

~a~tft~-~r--eee~t~.-e~~-~AeTT-fte~-tfteT~~-weTT~.-ree~~

9

er-e~~t~meft~-~Aet-we~~-eFdtft&rtTy--be--eeA~etAed--tA--a 325

10

~tffltrar-~er~e~~re-A&~-ee5t~ftee-er-ffleat~ted-~e-~~~-~eTer 326

JI

~~y-~r~e&~t~-&~-eeoTt~r--For-~Ae-~~r~e~e~-e~-~At5 327

12

e~effl~~teAr--~A~--t~rm--~eatt~L--~aTT--er~o--ffl~aA--a~d

13

~eT~e--w6~~r--h~&~tft~--&Ae--dryf~r-~At~-5~b~ere~ra~A 328

14

~eTr-b~-r~~e&~ee-6Ad-~A&T~-be-~Tr-&Ad--~td--~~~~e~t~e 329

15

~~TY-+-r-W86r

16

~A&-e~ffl~~te~5~r&~ted-te-~~~Aem~~~&d-wttAt~-tAt5 331

17

p&p~pe~--5AeTT--e~~eAd--te--&~--5heTT--ee~TY-~-~Ae~e 332

18

~P&~p~~T-~e-Teq&T-~t~re-te~wh+eA~t~-~5~d-+A-efte-er 333

19

M&P&-~t~re~erder5T-+~-ee~~ei~y-&ee~~ted~-eA&-&P--~~e

20

~eA--eWAer5--&5--e--Pe5tde~er--fA-5~eA-tA5teAee5T-5~A 334

21

e~~t~-~T+--be--~reft~ed--~--5~eA--~p&~eptte5T--t~ 335

22

eTe+~d-~A-tAe-me~~er-Aere~-~P6~~ed-b~e-ep-ffl&pe-ef 336

23

~e~ewAe~-ee~~6Try-pe5td~A~-eA--5~&h--~~~tYr---~A

24

e~&M~.~--5AeTr--eT5e--e~~eAd-~-~5e~e~te&d5T-~Ae 337

25

~~~r&-te-wht&A~t5-~5ted-+~-&~--&dffl~~t5tp&.er.--&~e~t&P 338

26

&p--~r~5eee.--t~--eA&-e~-ffl&re-&~-~A~-hetr5-e~-ee5~~~-~~ 339

27

~5e5--pe5~a+~~-~--5~eh--~re~epeY---5Aa~r---eTetm---~e

28

e~em~~~--qre~~ed--ey--~t5--Pa~~P&~--~A--tAe-ffle~A~r 340

29

her~~~-~re~~dedT

30

~A&-SeAeper-h~5embrY-~AeTr-be-e~~p~~-~--e~em~~ 342

31

~pem-&d-&~~&m-~e~etteA-~~~e~~-ef-A&A~~~t~~e5~t~&T5 343

32

~5ed--t~--~ftAee~~~-wt~A~~Aetp~ep&tteA,~Peteed-~h6~ 344

33

5~&A-A&~t~ar5~&e-Ae-5~e&~A&rder5--eAd--~e--~Aeeme--e~

- 12 -

LC 5 4169

,C'

.'

~~e~~~-wA+eA-~~-e~~~~~8~~~e-~-&~-f&~-~A~-ee~e~~~-o~-a~y

345

!~,

2

~~~a~e-~e~~e~.--eAe-a~e-~~~&e&-~-~Ae~6w~-oi-6ee~Qte

346

3

F~~~~a~~~-~R~~O~~~-&~-&fiaF~~a8~e-&eF~o~a~~eR~T

4

~~~eR~~a~-h~~embry-~naTr-be-a~&AeF~~ee-~e--e~em~~

348

5

~~-ae-are~em-~e~e~~oR-pre~e~~y-o~-ReR~~~~~-Aeffle~-Fe~

349

6

~e--eQed--~~ed--~R--e&RRee~~eR--W~~A--!Ae~--o~e~a~~eR.

350

7

~Fe~d~d--~a~-~~~eA--Aeme~--f&r--~ne---a~ed---Aee---Re

8

~~e~~F~---eRe---Ae---~~eme---eF--p~~~~--wnteft--~~

351

9

e~~&~~b~~d-~e-er-~~-~n~-b~~~~~~-e~-aAy-~r~e~e-pe~~oA.

10

~d-aF~~a~~~~ed--a~--~~emp~--e~~eA~~e~~As--~Rder--~ne 352

.11

ijft~~ed--&&a~eS--fA~e~~ar--ReeA~e--eod~-e~-~954T-See~~A

353

12

~~~T-as-ameA&&e.-e~d-a~e-~~bjee~-~e-~ne-~aw~-e~--6~orQ~e 354

.~~

13

~~~~a&~~-Ae~~Fe~~&-a~e-eAer~~abr~-ee~o~e~~R~T

14

hAy--e~~eb~ed-e~~~aA-wAe-~~-a-e~&~C&R-aA8-~~~~R~ 356

15

e~-~~~-~~-A~F&8y-~~aA~~d-aA-&~~mP~~OA--~~em--aTr--8e 357

16

aro~~m-~a~~~--~F--S&a~eT-ee~~~YT~~~~&~a~-aAd-~neeT 358

17

~~~~e~e~-eA-~n~-~A~~-A&-&w~~-a~d-&~-wA~en-Ae-ae~~aTTY

18

~ra&~9-~-~~e~-~~~~~-&A~ere-r~eeAge-~a~-Ae-~~ee~~~ 359

19

~~-~-S&a~e-e~-6eorQ~eT--~Ae-~e~m-Le~~~-~~e~aALT

360

20

a~-~~--A~~e~AT--m~A9--a~y-~a~&~me--e&e~aA--WAe--Wa9 361

21

e~~~~--~~-noAorebre-&&~~~~~-aAe-WAe~na9-beeA

22

eej~~ea~e-bY-~A~-~~~aA~-h6m~~~~~~a~~eR-O~-&ne-~A~~ed 362

23

S~~~~9~a9-b~tA~--~ee--~eFee~--~~ar!--a~--permaAe~&~y 363

24

d~9abr~6---aAd--e~~~T~d--&e--~eee~e--9~~~-&&A~ee~&a

25

beAe~~~~-eAa-eAy-e~e~&A-wAe--~9--F&&&~~~--eF--w~o--~~ 364

26

~~~~r~--~e-~eee~e-a-~~a~~~~~-awa~-i~m-~A&-~~e~aA9 365

27

hdm~~~~&~a&~~-~ep+

28

~~~--be~~-e~~&~ma~&A~-r~99-0~-~9&-e~-eAe--e~--be&A 367

29

F.-ee-&t

30

~~~--b&~~--o~-~~maAeA~-T~~9-e~~~~e-ef-eA&-e~-b&~A 369

31

nafl6!ti'

32

~3~--bo~9-ef-9~n~-~A-eAe-e~-&e~-~~Si'

371

- 13 -

LC 5 4169

~~--~~~a~~~-~~~a~~~e~~-o~-~~~eR-o~-be~~~~~-o~ 373

2

~e-~rrewtA~-~~a~~~+-ee~t~ai-t~a~-a&~~~-e~-~e~~9g-er 374

3

T~~~-rn-~e-be~~e~--eye,--w~~--~~~ee~~~-~ra~~e~,--er 315

4

eeA~~ar--~~~ar-ae~~~y-e~-~e~e-~~aA-~e~~ee-~~-~~e~e-t~-e

5

~~ei4--ee-Feet:--tA--wMe~--~~e---"e~t~~el"al----ftei-d---~e~ 376

6

e&~t:l"aet:ee-~e-~~~-aA~~~eA~-~~a~-~~e-wtee~~-ete~e~e~-e~ 3,77

1

t~~ar--ftel-e--~~~e~as--eA-~a~~al"~tstaAee-Ae-Q~eete~ 378

8

~aA-twe~ty-de~~ee~-fA-~~e-bette~-e~eT

9

~~e-R~es~eaa-o~-&a&~-~~~eAt-ef-eae~-re~teeA~--o~ 380

10

eae~-~~A9&"eAaeAt:-~ehee~-et~t:rte~-w~o-f~-6~-~al"~-o~-a~e 381

11

ol"-e~r-aRa--w~--6eeS--~~-~~ae--aA--~~~e--~~~--aTr 382

12

~oMree~,--~AeT~efA~--~--tAee~e-f~o~-aTl--~e~~ee~-of-aTi

13

Jlleomee-l"~-of-~~e-~8~ti-~-~e~~e~",~--wt~~tA--~ate--hofltesteaaT 383

14

~~eeeetAQ-&6.eeeTee-"e~-8~A~r-May~-e~"t:-e~-raw-from 384

15

al-~--ae-ai-ere~-t8~at:teA-fer-ed~a~~Aal-~l"f'8Se~-i-e~e 385

16

f&l"-aA&-~A--ee~ai-f--ef--~~e~--~ehe&i---sys~~---~e--,~~

17

e~&IIt,,~foA--~hai-i---be--~~aA~e-EI-Mrti-e~~-a",-eHfdatt:-ef4he 386

18

.ewrter-ef-~he--he~e~~eee--t,--~ti-&d--wtt:h--~~e-~eerAtAQ 387

19

e~~"'ert~y--e~-h~s--e!-~YT-er-w!-~-It-"ersoA-ee~~fta~ed-b)'

20

~~e~t~-a~~her!-t:)'-ef-hf~-et~y~-~t~~h!-~-8~eT-the 388

21

~~ft~-o~-!-AeeJlleo-wh!-eh-h&-~eee!-ed-~er--t:Ae--~&8~&t:eTY 389

22

"reeee!-~eai-eAd&l"-~8~r-~~-~e-wRteR-t:Re-member~-ef 390

23

ht~--~am!-l-~--re~~!-~--wt~htrt-~he-heme~t:eae-reeeted-fer

24

~eh--"e~d.--aAd--s~e~--o~~el"--addt~fertai--!-A~~~e~~rt 391

25

~ei-e~+~--t:&--reee~~~--~he--beAef+~~--ef-~he-e~,,~teA 392

26

~r8rt~d-by-~h~~-~ap~ra"h-a~-w!-Tr-ertaere--~he-~eerft!-A~

21

8M~"'er~~y--~f-~Meh-e~~YT-&p-~he-~er~eA-ee~tQrta~~d-by-~h~ 393

28

QO~PA+rt~-a~t:hep!-~y---ef--~Meh---e+~y.---~a---~8~&---a 394

29

de~l"m+A~+&rt--8~--&&--whe~her-~~eh-ewAe~-~~~At:t~~-~ 395

30

~a!-d-e'felftl'~teftr--~-l)O&J&Ai-A~-&~t:hertt:)'-o#--~~e-et~Y,.-&J"

31

~-~l"~-ee~t~A8~ed-by-t:he-~8td--~e~~rttRQ--a~~~rf~. 396

32

~aTr-~re!-8e--&f~~a~t:--~rm~-~p~~h~~-~~r~e~&T--~he 391

.'33

e~e~"~teft-~~aR~d-t:&-~he~~~eae-w!-~hfA-t:ht~-"eJ"a~r8,,h

- 14 -

~.

LC 5 4169

398

2

399

3

400

4

5

401

6

402

7

403

8

~~etR--~Fetded--eY--~Re-e~-me~e-e~-~~e-ewRe~~-ae~~a~y

9

~e~~e~~-eR-&~~-~Fe~eF~Yr--5~eA-e~em~~+eR~--~~eii--a~~e 404

10

405

12

406

13

407

14

15

408

16

p~etd~--~~--Aepe~A--~Aei~-e~ry-~-eii-~e~abre-yee~~ 409

17

b&~tRRtA~-e~~ep-Seeembe~-~tT-t9~~T

18

~~e-A~me~~eee--eF--eeeA--~~~ee~--ef--eeeA--ee~R~y 4 J 1

19

412

20

413

21

22

414

23

415

24

416

25

~er~t~-~e*e&-~-pe~~~e-~e~eei-beRe-+AeebeeeRe~~T--~e

26

~~e~~~emp~teR-&Aair~e-~peR~ee-~Rre~~-eR--eF~teett--eF 417

27

~~e--ewR~--e~--~~e--Aeme~eeae--+~--~tree--wteA--~~e-~e~ 418

28

29

419

30

~eete~ry-p~&e&8+R~-&areAde~-yee~T--~Ae--tReeme--wAteA 420

31

~e--memee~~-e~-At~-Femtry-~e~~t~-wt~~tR-~~e-~eme~~e6d

32

~~t~-Fe~-~~eA--pe~~dT--eAd--~~eA--e~~--edd~~t~"e+ 421

33

tAfo~me~+eA--~ere~te--~~--~eettR~-~~e~ReFt~~-eF-~e 422

- 15 -

LC 5 4169

~~~mp~~~ft-~reR~ed-bY-~Ai~-~a~~~ap~-a~-W~~--~Ra&r~--eAe 423

2

~~-~~~~r~~-~a~-eemffi~~~~eRer-~e-me~e-a-dee~ffi~R~~~R

3

a~--~-WAeeR~r-~~-&w~r-~~-~R~~~ree-~e-~a~e-e~~mp~teR~ 424

4

IRe-Ia~--Re~~~~er--e~--Ia~--e~ffim~~~teRe~--~Rert--~reytde 425

5

aff~ee~~~-~~m~-fe~-~~~~-p~~e~e.--FAe-e~effipeteR-~rfift~d 426

6

~--~e-~effie~~e&9-wt~A~R-~Rt~-para~rapft-~ft6rr-e~~~Rd-~e

7

aRd-~a~~-ap~~y-~e-~Aese-preper~te~.-~fte-re~ar-~t~re--~e 427

8

w~t~~--~s--e~~ed--~R--&R~--&~--m~re--~t~re-~eteer~.-tf 428

9

ae~~arty-o~~p~d-bY--&Re--a~--~r~--~~e~--ewRer~--a~--e 429

10

re~tdeR~T--aRd-aRe-e~-mer~-s~~-~t~re-~etder~-ee~~e~~e~

II

~~attf~ea~~Rs-pre~ed-fer-~R-~~t~--p6re~rapAr---tR 430

12

~&~~tRs~aRe~~r-~~~-e~effi~~~Rs-~hatt-be~raR~ed-~-~~h 431

13

pre~~r~T--tf-ere~mee-tR-~~~RRer-Aere~R-pr~tded-by

432

14

eAe-er~~re-ef-~--&wRer~--ee~~atty--re~~tR~--&R--~~eA

15

pr~per~y.---6~e~--e~~~teR~--~hatt-at~e-e~~eAd-~-~~se 433

16

~me~~&~T--~he--~~~re--~e--w~~~--ts--e5~ed---tR---aR 434

17

admtR~~~ra~erT--e~ee~~r--&r--~r~~~~e.-tf-&Re-er~~~-&f

18

~Ae.-Ae-~r~~r-ees~ttt-ettte-tt~e~-restdtRE}-&A--~tteA--preeel'"~'" 435

19

~arr-~~e~~-~he-~~attftee~teR~-p~~d-~r-Ae-retA-&Rd 436

20

~hetr--eretm-~Re-e~p~taA~~r&R~-e.,.-~ht~-pereQreph-"

21

~-meAAer~el'"&tR~reteear--~&-&~emp~teR-pretded--fer 437

22

Ae-r&tR--~arr-app~-~e-atr-~~ebte-y~ar~-be~t"RtR~-af~~1'" 438

23

gee&me&I'"-~~T-~9~~r

24

~R-&l'"ael'"-~-~Aee~~eQ&-e~d-eR~eRee-ee~ar~--eeeAe~te 440

25

deetepm~~T--tAe~ee~e-e~prey~&R~T-pre~~-~~~tt~tAe~~. 441

26

aR~-~~I'"6tae-~R&eR~~Ve~-fe~-~Ae--teea~~eR--ef--~--aRd

442

27

~~peRdtRE}---~aA~~~~tt~~~---eRd--~~ee~~~RQ--~eettt~~~1

28

h&~e~~~e---&Q~te~t~~rer---~~ed~~~---wh~h----Aa&----e 443

29

pteA~~A~-~~are~~--eyete--&~--rr-meA~h~-er-Te~~T-w~~h 444

30

a~-&tt~~emartr.,.-e~~ed-eRe~e~d-fe~~a-e~~~-tR-~~e~s-ef

31

eA&~-,.eap~f~el'"~er~~~~RE}r-&Rd-eefare-ma~fae~~rtR~,-aRd 445

32

whte~-&re-~e~d--tA--~h~--~e~e--~r--m&Attfae~~ptRq--er 446

33

p~~~t~-~ttPpe~e~.-~ha+t-8e-&~~mp~-fre~-a+r-&d-ate~m 447

34

~*al;-i-eA.

~'.

1.

LC 5 4169

E~aph III. E~mQl1~~cb May Be Authorized 449

2

Locally. (a) -Ul. The gove.rning authority of any 450

3

county or municipality ~ay. subject to the approval 452

4

of ~~ ~QJQLlty of the qualified electors of such 453

5

political subdivision YQtina in -2- referendum 454

6

thereoo. ~ exempt from ad valorem taxation.

7

inclUding all such ta~5 ~1Qo levied for 455

8

e.ducational purposes and fo.r State purposes. aH-er 456

9

10

457

.II

~~~--~~~&~t&~y inventories of goods in the 459

12

proce ss of manufacture or production

460

\

13

inventories of fioished goods. WMe-1't-5!'l&H-i-~rt:t6e

14

461

15

462

16

17

~~~e-~~A--e~5i-A~55--i-A-~1't~-6~&te--&~-6e&~~i-&r--~1'te 463

18

&~e-~ti-&R-~~~e-d-f&r-1't~~~t~-51'tat-&~+~--oAry--~e 464

19

ta~&+e--~&~~~~--~re~e-r~y-w1't~e1't-i-5-5~b5t&~~i-&+ry

20

~i-~i-&a.-&r~re-a-er-e!'teA~e-d-tA-~1'te--erdi-A&r~-~~r5e 465

21

e~--~1'te---ta~~eye-rL5--ffl&A~f&et~i-A~T--~re&~55i-A~--&r 466

22

~~~eti-&~-&~ra~~A5-i-~-~1'ti-5-6~&~eT

23

468

24

469

25

470

26

27

ffla~~~ae~~&~--&~--~rod~eer--of-~1't-~i-~i-51'te-a~eea5T 471

28

~~-&~ffl~ti-&A-~~i-aea-f&r-Re-re-i-R-5R&++--be--~&r--a 472

29

473

30

6a~-~~-~~~erty-i-5-~rod~eed-or-ma~f&~~r~.

31

f3~--~R~&Rt&~y-&~-~i-~i-5~&d~eed5-whte-h.-oA-the

475

32

~i-r5t-dey-&~-~aAtlery,-are-5~ered--tA--a--wereRe~5eT 476

33

aee~er-w~arf,-w1'te~e-r-~~brte-or-~ta~er-&Ad-wRi-e1't 477

- 17 -

LC 5 4169

ere--de~~tRed--~r--~R~~~eA~-~e~e-~~Aa~-ae~~~Aa~~R 4.77

2

&~~~~ee-~Re--&~a~e--ef--8eer~~a--aAd--~A~eA~ery--ef 478

3

~tA~Red--~eee~-wRfeR-a~e-~R~~~ee-~A~e-~Re-&~a~e-e# 479

4

8ee~~a-fre~-e~~~tee--~Rt~--&~a~e--aAe--~~ered--for

5

~~aA~~Rt~meA~--~&--e-ftAat-ae~~tRa~~A-&~~~tee-~Rt~ 480

6

S~a~r--1Re-e~em~~teR-~rovtded-#&r-~re~A-~Ratt--be 481

7

fer--e-~erted-ftO~-e~eeeefA~-~wet~e-~~~}~eA~~-frem

8

~Re-dete-~~eR-~ro~er~Y-f~--~~ere6--tA--~Rt~--&~a~r 482

9

h~~~re~er~Y-~Re~-t~-etat~ed-~-be-e~e~~~-~A6er-~e 483

10

~re~~~~eA~--ef--~Rt5-~~~ee~toA-~Ratt-be-ee~~Aa~ed

.11

&~-betA~_LtA-~F&A~~~L_~~eA-~-eff~e*&t--e~e~~--aRe 485

12

reeere~--ef--~~~are~~eT-dee~T-er-wRerfT-wRe~Rer

13

~~b~~&-&r~r~~a~r~Re~--~~R--~re~er~y--t~--be~A~ 486

14

~~~er---S~eR--eff~e~&r--bee~~--aRd--ree&rd~-~h&tt 487

15

eeA~tA-a-4~~~r-~r~T-&A9-&ee~r&~-~A~eAtery-ef-e!t

16

~~eR-~re~er~YT-~A&~~e~~-~-d&~e-ef-~Re-reeet~~-e4 488

17

~~~re~r~Yr-~-da~e-ef--~Re--W~~R9r&W&t--&f--~Re 489

18

~re~r~YT--~~&tA~-ef-er~~A-ef-~~-~re~er~T-&Ae

19

~he~etA~-ef-f~A~--de~~tA&~teA--ef--~he-~~eT-~f 490

20

~AeWRr---1Ae-e~f~e~t-bee~~-&A9-reeere~-ef-eAy-~~eh

21

we~~--d&ek.--er-~R&rfT--whe~hep-~~~t&---or 491

22

~rta~T---~r~e~AtA~--~--&Ay--~~eh--Lt"--~reA~t~L 492

23

~re~r~YT--~aH--be--M--&H--+:tJlle!t--e~A--~--~Re

24

t"~~e~~A--e4-e+t-~e~tA~-a~~her~~te~-ef-~t~-S~&~e 493

25

&A9-ef-&Ay-~et~~te&+-~~bdtt~feA-ef-~~~-S~e~er

26

h~-~~ee_~A-~Rt9--~&~e~re~A.--~e--~errew~~--we~d~T 495

27

~e~m~-&"d-~Rr&~e~-ere-eeftAee-&~-fert6w~+

496

28

~e+--'FtA~~Aed-~&&d~L_~harr-meeA~eed~.-were~.-&Ae 498

29

merehe"d~&-ef-&&pY-&h&ra&~r-eAd-~~"dT-~~--~R&tt--AO~ 499

30

t"er~e--ttA~ee&~ere9r--MAe~~ee~edT-er-~A~eered-A~~~rer 500

31

re~~ree~.-er-rew-m&~er~et~.-e~-~ed~-tA-~~reee~~--e. f

32

meA~~~~re--er-~re9~e~~eAT--er-~~e-~~ee~t"-~rede-ef-a 501

33

re~&ePT

- 18 -

LC 5 4169

W~eAe~e~-~Re~&~e~~~~~-a~~~~~~y-&f-&Ry--e&~~~y--&~ 508

m~R~e~~&~~~y--w~~Re~--ee--e~em~~--~~~-~aR~~ble-~re~e~~y 509

fl"elll- -aa--v&le~ellt--eEl~e~~eRT--a~- -~l"'e~~aeel--~e~e~~T---t;fte 5.1 0

Qevel"'RiR~-a~e~eriey--eRel"'eef--~Ra+l-Ae~~fy-~-e~ee~~A

~~"el"'~ftt-eRaeft~-ef-!'r~~-~&l-~~~e&l---~~a~~~~~eA.--aAa--~~

511

~all--~e--e~e-~a~ey--ef-~6~-e~~~ft-~~~~~At-eAeeR~-~o

512

~~~~e-~~e-eall--fel"--a~--eree~~eA--f~--~--~~I"~~e--ef

~e-~~e~~eR-ef-w~et~l"'-~~~~~~~~A-!'r~aii-be-~~&AeeeT 514 ~e--l"'&fel"'e~a~m-~arl-&~--~~~r---~~ee~fy---6~---~~a~&~e 515
~e~~~A5--~~e--~y~e--el"'--~~e~--ef--l'l"'&~l"'ty-a~~f~Aea
~~~A-W~~~-&l"'e~e!A~--~~~~eel--~--be--&~elll~~~-f~1It 516 ~e~e~~&Ar---~~e--eree~~eA--~~el"'iA~eRdeA~--~~atl-~e~-~e 517 aa~e-ef-~~~-&l-ee~~A-fel"'-a-eaY-Ae~--re~~--e~6A--~e--~~ lIl&l"'e--~~eA-~~-aay~-af~el"'-~~e-ea~-ef-~~e-~~~eRee-ef-~he 518

~~e--~vel"'A~---a~~~e~~~y---ef---eRy---ee~R~y---e~ 520

~A~&~al-~~y-~~e~~ft--eR-e~elll,,~~A-~e~-beeR-e~~~~d-by 521

~e--e~er~--a~-~~~ee--~l"'e~--meYT-~--e~~l"'O"l"'~&~e

~~~~~.---e--ee"y--&f--wA~e~--~~eir--be--~mllte8~a~ely

522

~l"'&A~~~~a-~e-~~e-S~a~e--ReeAMe--eellllll~~~ioftel"'T--e~elll"t 523

frellt--~&~&~~eA-re~T-~e~.-69%T-89%-e~-arr-ef-~e-&l~e-ef

~Bl~~~-~~~-e~em~~~eA-~~-l"'e&~-el"'-l"'e~a~-a~-"l"'o~ee 527 ~el"'eiAr-~A-iRerea~-~A-~~-~el"'eeA~-ef-~~e-6~e-ef--~~e 528
- 19 -

LC 5 4169

.,
;~

2

e~~~~p~~e~e-~e~et~~~eR-ef--~~e-~eYerR~R~--a~~~e~~~y--&f 529

3

~&~-ee~R~y-er-m~R~e~~at~~y.-aRe-a~~y-~~eef-~~a++-be 530

4

~m~&9~a~ety----~~aA5m~t~ed----~e---~~e---S~a~e---ReYeR~e

5

6

7

8

513

9

10

.11

12

13

14

Exemptions granted pursuant to -1his

15

~~gLgQb may only be revoked by a referendum 539

16

election called and conducted as prOVided ~epe~+ 540

17

541

18

referendum shall not be issued within five years

19

from the date such exemptions were first granted 542

20

and, if the results of ~~td 1ha election are in 543

21

favor of the revocation of such exemptions, then

22

such revocation shall be effective only at the end 544

23

of a five-year period from the date of such

24

referendum.

25

26

by--tawr--a-~a~a~e~~ay-be~~&mp~~-#rem-~~e-re~~rR-&fT 547

27

&~~aYMe~-ef-~e-~d-vete~em-~a~-&Rr-tR~~~~-per~RaT 548

28

~re~er~y-w~eR-~-~a~Ra&~-&&~~~r-e~-~~eetfted-eY-Taw, 549

29

&~-~tvt~r-~~ee~~tR~T-eA6-e~~er-admtAt~~~a~~R-a~-aA

30

~~e~~te~er~eRat--~r~er~--~a~--~~M~-e~eeed~--~e 550

31

32

t3> The -1mQlamantation. administration. and 552

33

~2iiQll of the e~mption5 authorized -In-~ 553

- 20 -

LC 5 4169

subparagraph (a) shall be proyi~ for by law. 553

2

Until otherwise prQv~by law. the QrBnt of-1b& 554

3

~llmL shall be sub lect t2-11HLsamL.Q.lli11..UQllh 555

4

11 mit at 10 nh~1nil1.Q.~. and o..r:Q~r!l.!I:~..S---ID:QY.L:re.d

5

t~he arant of suchexp,mption i n the~s.ll1.ullQ.D 556

6

of 1976 00 June 30. 1983.

7

*rr--rew~--e~em~~tA~--~~e~e~~y-~~em-~a~a~~~T~~~~~ 558

8

~e~-~Ae~~o~e~~Y-Ae~et~-e~~e~~eT-~~arr-b~-eteT

559

9

Pa~~~e~~-~r--~e&a~t~-eF--~e~--f~effl~~~A~r---*++ 561

10

e~~~~~~-~~~-~a~a~te~-Ae~e~e~~e-~~aA~ee-tR-ee~~~a~e 562

.11

~a~~~~-a~e-eeere~ee-~e-be-Re~e~e~~-~~rr-aAe-&taT

12

lQl That ....QQ..t11.2!L...QLArt1c; Ie YII. Section....La. 564

13

Paragraph IV -2f- the Qonst1tution of 1976 which 565

14

~1ho..r:iL~cal exemptions for certaio-property used in

15

solar energy heating OL- cool1no systems and in the 566

16

mgnufacture of ~uc;h systems 15 adopted-by this reference .567

17

~-A-Q2Li-ot this Const1tut1on as completely as thou~ 568

18

1D~QLated io tb1s _ paragraph verbat1~.

This

19

~bparagrapb 1s repealed effect1ve July 1. 1986.

569

20

Earagraph Iy. ~~_ property tax exemptioos 571

21

greseryed. Those typ~s at exempt100s from ad valorem 572

22

~~~rov1ded for by law ~ June 30. 19a3. ~ 573

23

hereby continued io effect_ as si21utory law until

24

Qtherw~proY1ded for by law.

574

25

sECTIoNH lila

5.77

26

PURPOSES AND METHOD OF .SIAI.E TAXATION

578

27

Paragrapb...-L. Taxat10nf PurooseLB2I:.-Which powers 581

28

May B~-Exerc1sed. Except as otb.e~~~~vided 1n 1h~ 582

29

Coost1tutioo. the pow~f taxation QVer the whole State 583

30

mav-be exercised for any purpose authorized by ~-Arrv 584

31

uu~~~ch the powers Qf taxatiQO~L-ib.~ whQle

32

State could have beeo-~~~~on Juoe 30. 1983. shall 585

- 21 -

1
I
LC 5 4169

:::tJ'
j ~
cQntin~~-2-QllLQ~fQrwhich such DOwers may ~ 586

2

exercised.

3

Pa~~Fa~A--t.--f~e~a~eAT-~-aA6-F~~-WAa~-PHroo~e~ 588

4

E~e~~~~ed~T--~A~~~~~-&~-~a~a~~eA-~e~-~Ae-wAe~e-5~~~e 589

5

6

~ortowtAQ-~Hr~~~~-&A~Y~

7

~r-~~F-~Ae-~H~~e~~-o~-~~e-5~a~e-G~~~A~A~-aAe-~Ae 592

8 9

10

~r-~o--~ay--~Ae--~rtAet~et-eAe-~Ae-~A~e~e~~-&A-~Ae 596

.J I

~~te-eeb~.-aAd-~o-~~tde-a-~~A~~A~-fHA6-~Ae~e~~Fr

597

12

13

14

5r-~o--me~e--~~~~t&A-~~-~~e-~eymeA~-e~-~A~teA~ 602

15

~--e~-6eft~de~e~e--~ordter~--aAd--~--~Ae---wtdow~--&~ 603

16

17

&r~~--~--e&A~~~e~--&Ae-~e~A~atA-~e~e-eHtretAQ~ 605

\8

aAe-a-~y~~-&~-5~a~-R~AW~~r-at~~er~~T-aAe-dee~~T

606

19

~r--~o~a~-~~t~~eA-~r-~~e--~eYffleA~--o~--o~~e 608

20

~~~~~e&--~-e~&&~er~oA~-tA-A&&6r-&Rd-~-~~e~oeymeA~ 609

21

o~-e~~t~~Aee-~--~~--Aeedy-~rtA&T--eRe--~e--e~eAdeA~ 610

22

&Atr&~--aAd---e~~e~-wer~&Fe-e&Ae~t~~.-~~~-~A&~-AO 611

23

~r~--~arr--ee--eA~t~red--~~Ae--e~~t~~eAee--~eretR

24

&H~~ort~ee.-~-dee~-Re~-~Hett#y-~r-5He~~~~~~A~~R 612

25

&er~-~~ee~T-tR--&eeerdeRee-~~--eA&e~eA~~--o~--~~e 613

26

S&Aer&r--h~~r~.-~AteA--ffley--ee--tA-~eree-eAe-e~~ee~T

27

~re,ertetR~---~e--~Hatt~tea~teA~---~o~---eeAe~tetaFte5 614

28

A&re~r.---PPOt9&d--Ao-tRdee~eeRe'5-a~tA~~-~~-5~a~e 615

29

~atr-eer-be-eree~ed-~r-~~e~~o~~~~-~~a~.--tA

30

e~eess--&~--~e--~8~e~--t&W~Ht~~-te+ee-e&e~-~~~eer-yeer 616

31

HAde~-he~-o~-~e-GeAe~a~-h5~effl&~~-aH~er!~ee--Ae~eHAd~r 617

32

-22 -

1

LC 5 4169

!

eaS~~-~Fe~eet~eA--aee&~ea--e~e~~--by--~~e-ord-eQe-e~a 622 ~~~~e~s-~As~~aAee-p~o~re~-e~~ea--~Aaer--~Re--See~ar 623

~~~~~y-A&~rL-a~-~~eR-Aet-Ra~-eeeA-eAa-May-f~e~-~~~e-~ 625 ~~~----e&---ameAdea~r---aAd---~e---Feae~ar---fA~~~aAee 626
GeA~F~e~t~eA~-Aet-~a~-~e~--fo~~R--~A--~~e-eRap~er--A--of
~ap~F--9-e~-~e-Feee~a-~AteFAar-ReeA~e-6ede,-a~-~~~~ 627

SeAe~ar-~~emery-~~-&~t~~~~d-~-eAae~-~~eR-re~i~r&~~eA

a~-mey-be-Aeee~~B~y-~e-~A~~~-~-eee~a~-~--eMp~yees 629

e~--~~e--Sta~e.--aAy--depa~tMeAt-e~-tAe-S~a~e.-a~-St~e 630

~A~t~~~t~A-e~-perit~ear-s~ba~+~~A~-e~-~e-StateT--aAd 631

~~e--dep&AdeA~~--&Ad--~~F~&~~--e~-~eR-eMpreyee~-~Ad~ ~afd-See~-Se~~~~~y-Aet-&~-tAe-~aMe-R&~-eeeA-or-Mey~-ee

632

e~--~~~--eeA~t~~~~~A-Ae~W~~A~~aAa~~~~-State-fo~-B~d
eft-b~ar~of~+t~erfT-i~&--depaF~eA~~r--~~~~~~t~A&--Or 635 per~tfeat--~~bd~~~~OA~--f~--AeF&6y--e~tAe~~ree-te-eAte~ 636 ~te~~eemeA~~-wf~A-~Re-Federer-6ee~F~ty--AdM~Ai~~r&tep 637
~-et~~-apprep~~ate--ef~fe~ar--e~--tRe--HAfted-StBte~
See~A~At-~Ader-~Ae-pFe~~~A~-e~-~afd-50eiBr--Se~~F~ty 638
tRe-maAA~-a~-p~e~d-~Ae~~A-aAd-a~--p~~ea--eY--~Re 640
SeA&~--A~~e~erYT---~~e--~eaeRe~--Retfreme~t--5y~~em-of

~at--Aae--~Ae-peweF~-&~-a~~~~-a~-protded-by-raw-oA 642 Meembe~-4r-~9~~r-~etA~F-w~tA-~~eR-f~~t~e~-~owe~~--aRd 641
d~~f~~-es-may-be-"ow-er-~e~ea~te~-pFe~ea-eY-raw7

- 23 -

@.

LC 5 4169

~~ '~'~

2

3

4

5

6

7

8

9

A&W~~~,--~a~--tRe--5~a~e--e~-See~~a-~~at~-A&~-~~&~ee 653

10

~~-~~aA-re-~e~eeA~-6~-tRe-~&~e~-e&~~T-e~~Re~--~~~ee~~ 654

.II

&~--tAdt~e~~~T---~Re--GeA~~a~-~~~efflbl-t~-e~~her+~ee-~o 655

12

~~&t~e--~~--~~e--t~~~e~eA~a~~&A--&f---~ht~--~~et~toR

13

14

15

16

aA9--~~~~~T--&~---~A~~ae~!A~T---~h~6~~R---e~~~~~+e~~ 658

17

d&~e~~ffl~~~-~--~~~PH~eAte*t~te~--o~-S~a~e-~&~~Am~AtT 659

18

w+~h--aAy---~~---~~bl!e---&&~~~a~+&A---&~---A~~nort~y

19

~~&b~+9A&e--b~--~~e-SeAerer-~~~ffl&r~-~p~p~rfflaAe~-&f 660

20

~&-&~op~e+e-~Ae~t&A-aAe-~~~eT

21

~~T--F&~-~eR&&r-~Aeh~~~e~T

662

22

~~r--~&-~ey-~he-~a*ar~e~-e~-~&P~AAer--eAd--~e--~ay 664

23

24

25

26

a~hre~+&~~o~rem~-wt~~~A-~AdtY~a~-~eheo~~-eAd--be~weeA 667

27

~&O~~--~A-~&-~&ffle-~-tA-dt~f.~~A~-~eheer-~y~~e~~-wheA 668

28

~eh--ee~ttt~~--er~--~~eA~ped--b~--+eeet--boerd~---&f 669

29

30

31

671

32

~rod~~~t--~tAeA~tAQ~--dt~~o~t~~A--ef-f~Ad~r--~~-&~he~ 672

33

~reY~~A--&~--~ht~---SeA~~+t~~~A---~&---~Re---eeAt~ry

673

- 24 -

1

LC 5 4169

i

~, '

,;2:

RO~Wi~~~~Ae~~T--~~e--Gefte~al--h~~emelY-ffia~-~~&~~ee-~~

673

~

(~

2

~~e-~~&ffi&~~&ft-&~-~~e-~~e~e~~&AT--ffia~~et~~.--~ale,--~~e

674

3

aAe-~t~l~~a~~&A.--~Feee~~~~-aAe-~ffi~~&~effleA~-ef-eftY-&fte

675

4

e~-ail-&~~~e-a~~~e~l~~~e~~~&e~t~-~Ael~~~--~~t--ft&~

5

l~ffi~~e&-~T-~~~~~~e-l~~e~t&ek-aAe-i~e~t&ek-~rod~e~~.

676

6

~~l~~y---eftd---~e~ltrY---~p&e~et~T--t~ffi~e~--eAe--~~ffiber

677

7

~~~~~T-~~~~-aAe-~ea-~e&e,-aAe--tft~--~~~et~--of--~Re

8

~Fffi~--eA6--~&re~~~-&f-~R~~-5tateT--~Re-G&Aeral-A~~~ffibry

678

9

ffia~-~~e~~e--fo~--~Ae--~~&ffi&t~&R---af---~~eA---p~&d~e~~

679

10

~A6~~~ail~T---eelleet~~el~T---&~--~A--aR~--eom~~Ra~~A

.11

tfte~ee~T--~e-GeRe~ei-A~~effibly-may-~~y~ee-~~at--~~eR--a

680

12

~~~~ffl--~Ael~~~-~~~~~&R~-f&~~~er+~y-eRd~e~~~&e~t

681

13

e&At~r-ffi&y-be-~R~t~t~ted,-eeA~~AMed-&~-~~ffl~Aa~~-ey--e

682

14

~pee~f~d--&~e--&~--t~e--p~d~eer~--&f--tfte--~~~et-&~

15

p~d~et~--apfee~ed---pa~~~e+pa~+A~---+A---a---~efe~Ae~ffi

683

16

~~~~~---~~e~--p~~~el--fe~--tfte~r--ap~~~arr---~~e 684

17

GeRer&l-A~~mblY-fflay--e~eate--~A~t~~ffi&Atal~t~e~T-~~r~e

18

ee~~at~A~T-a~t~e~~t+e~-aRd~ffi~~~~&A~r-te-aeffl~A~~ter 685

19

~~eA--pr~ram~--aRd-ffia~-p~y+de-a-ffieaR~.e~-~+AaAe~~-aAY 686

20

~~eA~~ffi&t~eft-e~-a~t~e~~~+~--~~e~--bed+e~--ta--~a~eT 687

2\

~+~eT--~wer--&~--r~eal--~~e~~ffleAt~T--fee~-&~--at~r

22

~a~~~aA-~Ae-~ale--&F--~~aee~~~~--&~--~~e--af~eeted

688

23

~~&d~t~.--aAe--te-&eiree~-tA&-~m&r-a~t&~-appr&al-by-~ 689

24

~~~f~ed-~&~e-ef-tR&-p~e~ee~~-&~-~&-aff&&~e--~~e~t

25

+A--a--~&f&~&~~ffi.--aAd--ffiay-a~~&~+t&-~~&-~eee~~eRee-of 690

,'";

26

~~~~~-aAd-daAat~&A~,-aRd-mey-p~o~de-f&~-~~-d~~~~+~~A 691

27

&~-a~-f~d~-a~~~~ftQ-~Ader-&Ay-~~-~re~~-w~t~&~t--~~e 692

28

Aeee~~ty--ef--~~e~--f~Re~--e&~~--~rae&d~-+R--~-S~e~e

29

~re&~~~-ep-be~AQ-~~p~pr+a~~d-by-~e-GeAe~a~--A~~efflblYT 693

30

~e--GeRerai-~~~ly-ma~-p~+e&-fep-~e-~~e~y~~~A-ei 694

3\

aRy-~M~~re~~affi~y-t~e-9~ar~ffieAt-ef-A~~+e~r~~rer---~Re 695

32

~~~e~ffi+ey--~~~reffieA~--&~--~~~--S&A~~~~~~~A-~~air-ee

33

~at~~f~ee-by-tAe-appi~a~~A-&~--~~e--p~eQ~effi--~~A--t~e 696

34

affee~ed~~~&~~r

- 25 -

@.

LC 5 4169

,
:/ ~.::
~~
Paragraph fffT ~ [Revenue to Be Paid Into 698

2

General FundI. h (a) Except as otherwjsP~~Q-1D .699

3

ibi.s.-CQlls11.iution. a.l.l-~illLa ~~e.,. collected from 700

4

taxes, fees~ and assessments for State purooses, as 701

5

authorized by revenue measures enacted by the General

6

Assembly, and all inllllllJ.~-2n...Sl1chrevenue shall 702

7

be paid into the General Fund of the State Treasury &A~ 703

8

~!'I-!tH'--&e--a~~ffl~J&~&~e-e--t;.!'l-eJ&ef-ffllll,- -&~-J&~I:t~l"eel-e.,.-M'I~~

704

9

S&~~~~~l:tt~~AT-~I"-~!'l-e-~I:tI"~e~e~-~et;.-el:tt;.-~~--~h~~--5ee~toA

10

705

JI

(b) (I) As authorized bY--l~oyldjng for the 707

12

~LQIDQtion of anyone or more tv~~ agricultYLal 708

13

~~~ fees. assessments. and ot~~LQ~ 709

14

~Qllected on the sale or processing of aqricultuL!

15

~LQducts need not be oaid intQ the General Fund ~ 710

16

t.M-State Treasury. The un1tQr..milY reaui rement of 711

17

1~~ticle sha~ satisfied by the aoolicatiQn

18

QL--1~-agrlculiYL9l--prQmQtiQn...prQgram upon the 712

19

a..t.lliud prQduct~

20

12) As

in this subparagraph. 714

21

'aaricultural prQducts' includes. but is ~ 715

22

limited tQ.~gistered -l1Y~tQCk and livestock

23

prQducts. pQultry and poultry products. timber and 716

24

~r products.~~~atQQd.and the prQducts 717

25

Qf the farms and forests of tb1~5.t~

26

lk.l ~1'Ie-Se-Ael"a~-h~!tellle~.,.-~!t+~--ee--&t:t4;1'Iol"i-p:e-e--~e 719

27

~~~--~I"-~!'l-e-a~~e~~eAt;.-e~-&~e1i-t;.~eAAA s prQyided by

720

28

law. additiQnal penalties mAY be aS~~ in any case in 721

29

which any court in this State ~&~--~III~!te imposes a 722

30

fine or el"eel" Qrders the fQrfeiture of any bond in the 723

31

nature Qf the penalty for all offenses against the

32

criminal or traffic laws Qf this State aM Q..I:..J2.t. the 724

33

pQlitical subdivisions ~!'l-el"~# of this State.

725

- 26 -

~.

LC 5 4169

...:'

~"-;

,~

2

derived from such additional penalty asse5sments may be 727

3

allocated for the specific purpose of meeting any and

4

all costs, or any portion ~fie~eef of the ~~, of 728

5

providing training to law enforcement officers e~-~e 729

6

7

prosecuting

8

9

P6~~~6~fi---fVT-----G~a~~~---~~e----M~A~e~~a~~~~e~T 733

10

N&~w~~fi~~A4~A~----a~~----etfie~---~~e~sfe~s---ef---~fi~~ 734

.II

G&A~~~~~~~eA,-~fie-SeAe~6r-~sseMery-~~-fi&~e&~--6~~he~~t&a

12

~~~~ee-e~-raw-fe~-~fie~~aA~~A~-&f-S~&~e-f~Aa~~e-~he 735

13

~A~e~~&~~fes--ef--6ee~~f6.-~A-~~~~aAAe~-aAe-~~M-eAd 736

14

~e~-~~fi--~~eeee~~e--e~--~fi&--SeA&~a~--*~s&Mer---mey 737

15

16

Ae~-ef~e~ee.-~e-~~efde-~fie--~~~~e~e--e~--e~~~e~~--~e~ 738

\7

whteh--~~h-f~Ad~~a~-ee-e~~e~ee-e~-~Re-M~Afef~a~t~te~T 739

18

~-6&Ae~r-A~~e~ry-fs-Re~eeY--a~~he~f~ee--~e--e*e~&t~e 740

19

~e--~ew~-&f-~a*a~feA-e~~-~he-eA~~~-S~a~e-tA-e~de~-~e

20

74\

2\

Granis.- -"'to"'-__-'C..,o..u....o....t....i....e. '-s'--_""a.o....d.. 743

22

MYUikiQ9l1ties. State -funds may be granted to couoties 744

23

and municipalities withio the ~~a~t~eL.

T~h~e__,-wQ~r2aun~t~s 745

24

authorized by this ParaQra~ shall ~_~-1D-~h

25

lllSl.ooer-Sl!ld form pod Sllb lect to t.hL procedures...!lllii 747

26

QUdition5 specitied by law. The law provlQ1na-fQL-2DY

27

such Qrant may I imit tblLQJJl:QQ~f.QL.2!l:llih-the Qr.'lOt 748

28

funds may be exoended.

29

30

31

32

~e~Pee--e~--seeeAd--Me~~~eQe~,---~e--~~---~A~~~~far

33

eeere~Meft~---aQe~&f&~--e~--~he--rA4~~~~~r--Bee~~MeA~ 75'3

- 27 -

117J\.
~.

LC 5 4169

;'~ ~':
~.~

2

3

&&ffiffl~~me~s-~e~-aee~~~eAa~-f~AAAfr~A~r-W~~r-~A-ad~~~~eA 755

4

~-t~e-~eaA-te-ee--e~~eAded--ey--~a~a--8emmt~~teAr--wttt 756

5

aee~tia~e~Y--~A5~~e--~~e-frem~~e~~A-&f-sa~-~~ojee~.--~Ae 757

6

~we~~-eF-~a~a~~oA-may-ee-&~e~e~~e-~~~e~~-~~e--GeAe~at

7

8

9

SECTION iH .lY.

762

10

STATE DEBT

763

,1

Paragraph I. [Purposes for Which Debt may be 766

12

13

I n a S&A~~~~~~~eA-~e-t~e-eoAt~a~Y--Ao~wt~~~~eAd~R~r--~~e

768

14

State may incur ~~et~e-dee~r-a~-~t~w51

15

(a) ~e-State-fflay-tAe~r-~~etteyb~ debt without 770

16

17

defend the State in ~tme-o~-war an emergency.

.772

18

(b) ~&-State-mey--~AeH-~~et~e Public debt to 774

19

a supply ~eA

temporary defic1t e~-mey-e~~~t in the ~75

20

State Treasury in any fiscal year eeea~~e--e~--A&e&~~ary 776

21

created ~ delay in collecting the taxes of that year 777

22

e~~-~~e. Such debt ~&-tA&~f'r&e shall not exceed, in the 778

23

aggregate, five percent of the total revenue receipts,

24

less refunds, of the State Treasury in the fiscal year 779

25

immediately preceding the year in which such debt is 780

26

incurredr-aRe-aRY. The debt ~-~A&~r~ed shall be repaid 781

27

~~-&~-~-~a~e~-teted-~er-the-~t~eat-yea~-tA-w~~~-t~e

782

28

teaA--t~--~aeer--~-dee~-~~r-ee-~ayeeteon or before

29

the last day of the fiscal year In which it is incurred 783

30

aAd--AO out of taxes ley~g for that fiscal year. No 784

31

such debt may be incurred in any fiscal year under the 785

32

provisions of this SUbparagraph (b) if there is then 786

- 28 -

LC 5 4169

outstanding unpaid debt from ~ny previous fiscal year 786 which was incurred under the provisions of this 787 subparagraph (b).
(c) ~Re-5~e~e-ffiey-!~e~F-~~~~-e~e~-&f--~w~--~r~e~ 789 ~~~-~~~~e--~~F~~e~--p~~~~a~~--~-~~~~~aF~Fa~~.--~+} 790 ~~eF&+ General obligation debt &~d--~~}--Q~a~efteeea 791
~~ft~~--eee~r---Ge~e~e~-&e~Qeet~ft-d~be-mey-be-~~e~~~ed
br-~~~~~~-&&~~&~~~~ to acquire, construct, develop, 792 extend, enlarge~ or improve land, waters. property, 793 highways, bUildings, structures. equi pment... or 794 facilities of the State, its agencies, departments, 795 institutions, and QL those State Authorities which were created and activated prior to ~e-ltflte~dffieA~-adept:-ed 796 Ne~ffie~~-8.-+96e.-e~-A~~~e~e-~ff.-5ee~~~-~f.--~a~~~~A 797 f~a}-e~-~e-ee~~~~~~~~,,-&~-~945NQvember 8. 1960.
~ Guaranteed revenue debt ffiay-~e-~Ae~~~ea by 799 guaranteeing the payment of revenue obligations issued 800 by an instrumentality of the State if such revenue 801 obligations are -issued to finance l;-&"H"J.
i.l..L-I2.ll bridgesT cu:. to 11 roadsT--a~--e~~t' 801

(2) Land public transportation facilities or
(3) \'later faci 11 ties Qr syste~ (4) Se~ e.!"eet-ffieAt facilities or systems~!"
t:e-1ll6 ~e -&~-~~~ffia!teT...,e!"-~!"ftd ...,e~-de-"e!t!~-e~e~A!t~-tRe

805 806 808 810
8.1 1

(5) Loans ~ and lQao QIograms -fQL... ~e 813

citizens of the State for educational purposes.

814

~r.aph I I. --.5..t.211--.QWllaLUb.l1.o.ll1on DFlbt and 816

Guaranteed Revenue Debt; L1m1~~.a.--1a) As--Y~-lQ 817

this pa~agr.Q~2Ud- paragra~ III Qf this ~ ~ 818

'annual debt servi~~U1r.aments' m~-1h~ tQtal

- 29 -

LC 5 4169

:" ~.:
h,
~!

principal and interest cQming dlJ!L.1ILEDY-s.t.llLti~ 819

2

U2L.L-.Jllth regard tQ any iss ue Qf --d.e..bLi...o.u..I:I:!HL_lillQilY. 820

3

Qr in Q2L1- Qn a term basis. 'annual dpbt service 821

4

requirements' means an affiQuoL egual tQ th~-1otal

5

principal and interest payrngnts real.!.1n:..d.-t.o rl'!t1n: such 822

6

~~in-1ull divided by the number of years from ~ 823

7

1s~ date to its maturity da~

8

U2.l NQ debt may be incurred under

825

9

~~b~ere9ra~~-fe+ subparaaraphs (c) ang-!d) of eaLaLQb 826

10

Qf this Section or p[~~Qf-1b.1~~Qfiat any 827

i'

JI

time when the ~t9~e~~L

.~

12

() Highest aggregate annual debt service 829

13

requirements for the then current year or any 830

14

subsequent year for outstanding general obligation

15

debt and guaranteed revenue debt, including the 831

16

proposed debt, and the highest aggregate annual 832

17

payments for the then current year or any

18

subsequent fiscal year of the State under all 8~3

19

contracts then in force to which the prOVisions of 834

20

Article IX, Section VI, Paragraph ICa) of e.M-!! t.h.e.

21

Constitution of 1976 are applicable, exceea r~r~eeR 835

22

LQ percent of the total revenue receipts, less 836

23

refunds of the State Treasury in the fiscal year 837

24

immediately preceding the year in which any such

25

838

26

12) Term of the debt is in exce ss of...4.Q. 840

27

years.

28

(c) No guaranteed revenue debt may be incurred to 842

29

finance water or sewage treatment facilitil'!s or systl'!ms 843

30

when the highest aggregate annual debt service 844

31

reqUirements for the then current year or any subsequent

32

fiscal year of the State for outstanding or proposed 845

33

guaranteed revenue debt for water t~1l1ties or systp,ms 846

- 30 -

~.

LC 5 4169

or sewage tl"e-at:ffi.~~ facilities or systems, exceed one 847

2

percent of the total revenue receipts less refunds, of 848

3

the State Treasury in the fiscal year imm~diat~ly 849

4

preceding the year in which any SUGh debt is to b~ 850

5

incurred~~-6~e-~re~fe&ar-f~r~~e-rr-~a~-~~~

6

tdl--~ aggregate amount of guaranteed revenue 852

7

debt incurred to make loans :ee-ei-Hte-A!7-ef-~~e-Sl;-e-t-efor 853

8

educational purposes that may be outstanding at any time 854

9

shall not exceed ~~-~i-~~i-eA-ee~~a~~ ~QQO~, and 855

10

the aggregate amount of guaranteed revenue debt incurred

11

to purchase, or to lend or deposi t against the sec uri ty 856

12

of, loans ee--ei-ei-reA~--e~-~--S~aeefor educational 857

13

purposes that may be outstanding at any time shall not 858

14

exceed ~~-~i-t~i-eA-eet~el"~112,000,000. Fel"-e~e--~~l"~~e

15

ef--~i-~--~al"a~l"a~~T--aAA~a~--de-b~--~e-l"ytee-~~~tl"e-me~~ 859

16

~a~r~aA-l;-~e-l;-e~a~-~l"i-Aef~e~-&Ad-i-A~~e~~--eemt~~--d~e 860

17

i-A-6A~-f~ea~-~e-al"-&f-e~e-S~~e-~-~~~+eee,-~eWeYel"T-wtek 861

18

l"e-~6l"d--~--a~~-i-~!7~e-ef-ee~~-i-Ae~l"~e-d-w~etty-el"-t~-~al"t

19

eA-e-ee-rm-~a~i-~T-aAA~a~-e~~-~el"ytee-~e~~i-l"emeAe~--~~att 862

20

meaA-eA-eme~A~~~ar-~-~~e--~e~at-~l"tAei-~at-aAd-tA~ere-~~ 863

21

~ayme-A~~--l"e~~tred--&e-l"e~i-re-~~R-i-~~~e-i-~-f~tt-ei-yteed 864

22

by-~~e--A~~l"-ef--yeal"~--fl"effl--i-~--i-~~~&--deee---~--~~

23

mae~l"t~~-ea~eT

24

paraaraph I I I, a2ie........Qe.Dlull....QQl..1.gation Debt and 866

25

Quaranteed--Baveoue Debt; ~onditlQ~_-llQQD-- Issuance; 867

26

Sinking""..l!lli!L And Reserve Funds. C2l--ill General 868

."

27

obligation debt may not be incurred until ~e 870

28

6efterar-It~!tembry-ke!t-eAa.e~edlegislation is enacted 871

29

stating the purposes, in general or specific terms, 872

30

for which such issue of debt is to be incurred,

31

specifying the maximum principal amount of such 873

32

issue and appropriating an amount at least

33

sufficient to pay the high~st annual debt service 874

- 31 -

LC 5 4169

requirements . for such issue. All such 875

2

appropriations for debt service purposes shall not

3

lapse for any reason and shall continue in effect 876

4

until the debt for which such appropriation was 877

5

authorized shall have bep.n incurred, but the 878

6

General Assembly may repeal any such appropriation 879

7

at any time prior to the incurring of such debt. 880

8

The General Assembly shAll raise by taxation each 881

9

f i sea 1 ye arT--i-R--eeEH~t6R-to-~Re-!'tttPft-Reee~el'-.,.-t-o 882

10

Pfta~e--etr--~.,.Pft~Rt-S--l'-~tti-l'-~9--~--be--PfteBe---ttRaep

J1

eeR~l'-eet-~--eR~~~re9-to~~~~~~ee~i-Oft~~-t-Ae-seeoRd 883

12

~ep~~a~R-o~-Pape~l'-a~A-~~a~,-See~i-eR-f,-hp~~ete-f*

13

&~-~i-s-GeR~~i-~tt~~AT-eR9-t-o~~e"'--~H6r~e--e~~eR~~~T 884

14

such amounts as are necessary to pay debt service 885

15

requirements in such fiscal year on all general

16

obligation debt i ncurred Ml'-~ttR9~P pursuant to .thll 886

17

~Q.O.

18

Lal tAl The

General Assembly shall 888

19

appropriate to a special trust fund to be 889

20

designated 'State of Georgia General

21

Obligation Debt Sinking Fund' such amounts as 890

22

are necessary to pay annual debt service

23

requir.ements on all general obligation debt 891

24

incurred Rep~ttR9~ under this Section. The 892

25

sinking fund shall be used solely for the

26

retirement of general obligation debt payable 893

27

t;.A~f'e#~ePft t.r..Q!L the fund.

If ~e--S~R~~1

28

h~~&Pftb~.,.---~alr---~e~~---t-o--~~&--eR.,.--~tte~ 894

29

ee~pe~~i-a~t6A-&~-~ for any reason the monies

30

in the sinking fund are insufficient to make~ 895

31

when due. all payments required with respect 896

32

to such ge.neral obligation debt a~-l:tft9-W~~R

.33

t;.Ae-~ePft&--b~e&Pft~-~tte.--~~e--ei-~et;.ep,--F~~eat 897

- 32 -

r4CV.

LC 5 4169

first revenues thereafter received,-eootteebte

~o tll the general fund of the State,--~~e~ 900

affi&~~~&--e&--e~e ~hs1l- be s~~e by tb~ 901

appropriate State fiscal-Uft~~~~~~

necessary to cure a~y-~~e~ t~ deficiency and 902

shall

903

~QQsited ~ the fiscal--21~ into the

,;sinking

904

&et~~a~~OA-~o-me~e-~~~-&~A~~A~-~~A6--&e~~~~S 905

s~a~t-&&-~~ee~dtAe~e-~-~~e-oett~a~~OA-~~e~e

~~OA-~A&-~~~eat-e~~tee~s-ef-~he-5~e~~-~~r~~aAt 906

~o--~~e--~~e~~~As-e~-~~e-seeeAe-~are~re~~-of 907

Pare~re~~-f~a~-e~-See~~A-~f-e~-~r~ie+e-f*--e~

~~S---60R~~t~~~~eAT----~~e--9t~eeterT--Ft~eet 908

9~~~ieRr---ge~er~eA~----e~----h6ffl~At~~~R~~~

Se~~esr--~--s~~--e~~e~--offtee~--a~-mey-be 909

The aopropriate S~

and apply such revenues es--a~e~~a~d at the 911

suit of any holder of any general obligation 912

debt incurred ~&~~A6~ under this Section. 913

~~e-~eA~s--~A--~e--~iA~iR~-~Aa-~e+t-be-as

~~+tY-~Aestee--as--!~-~~ee~iea+T--eeA~!~teAt 914

w!t~---~~---~e~~~~emeRt~---te---me~--e~rrent

~r~Ae~~et-aAd--~Atere~~--~oymeA~~~---AAy--s~eR 915

~Ae~tffl&Ats-~~et+-be-~~~~te~ed-~o-e&t~et~e~s
&eA~Hw~~~-e~~ee~-eAd-~eAere+-oett~e~ieAs-ef 91 6

~~&--~Atted--S~e~e~--6eYerAmeA~-or-eet~~~~~AS

917

918

- 33 -

@"

LC 5 4169

It,
;,

2

3

( B) Th e 0 b J i OE.llQIL1ILm a kJL...s.1J:lllm _ Dmd 92 I

4

de QQS.lls.-....as..- D ro yi ~-i.lL..s.-ub..Jlill::QLQlliL12ll.Al 922

5

~all be subQrdinate to tbe QbliqatiQQ-imu~

6

upQn the.-ti.5...ll....Qft.icers of the State DUUlliill.1 923

7

to the prQyisiQns Qf~~QQ~-n~qraph~

8

Paraoraph VI l1ftl~f-~iQn Qf Article IX Qf 924

9

the CQnstitutiQn Qf 1976.

10

~lLl Guaranteed revenue debt may not be 926

II

12

legislatiQn ~ been enacted authorizi n1 the 928

13

guarantee Qf the specific issue Qf revenue

14

obligations then propQsed, reciting that the 929

15

General Assembly has determined such obli~ations

16

will be self-liquidating over the life of the issue 930

17

(which determinatiQn shall be cQnclusive), 931

18

specifying the maximum principal amount Qf such

19

issue and appropriating an amQunt at least equal tQ 932

20

the highest annual debt service requirements fQr 9~3

21

22

(2) (Al Eam apprQpriatiQn mgdR- fQr tha 935

23

purposes Qf~Q2~aqraph (QlLLl shall be paid 936

24

upon the issuance of said QbligatiQns intQ a

25

special trust fund tQ be designated 'State Qf 937

26

GeQrgia Guaranteed Revenue Debt CommQn Reserve 938

27

Fund' to be held together with all Qther sums

28

similarly apprQpriated as a CQmmQn reserve for 939

29

any payments which may be reqUired by virtue

30

Qf any guarantee entered intQ in connectiQn 940

3t

with any issue Qf guaranteed revenue 941

32

Qbligations. NQ h~~-~~R apprQpriations fQr

33

the benefit Qf guaranteed revenue debt shall 942

- 34 -

~J
I::
:~;
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

LC 5 4169

e~y-~tle~--e~~ro~~fa~~A--ae--aA--~~~e unless

945

repealed prior to the payment of the ~e~e 946

apQropriatiQQ into ~a~d ~~ common reserve

-ee- as' -~ay -ee-S' i-~Aat:-e-Et--ey- raw. , lal If any payments ~re required to be 950
made from S'a~s the commoQ ~~~ fund to meet 951 debt service requirements on guaranteed revenue obligations by virtue of an 953 insufficiency of revenues,

Se-1'"... l:-e-e-~r-e~-S'l:telT- -o~ITe-~--o:H+ee1"- -a s- -~ay--be

ee-~f~Aa~ee--ey-~awr-~lTe+r-~ey-~~om-~a~e-eo~~eA 955

1'"e-S'el'""'e-~l:tA6 the amount necessary to cure ~l:te~ 956

~ deficiency ~ll be paid from the~mIDQD

~~ fund ~he appropriate State fiscal 957

officer.

959

~ paymen~~-QIDmQo reserve fund shall be 960 ~~~ from the general funds of. the State 961 within ~A LQ ,days following the commencement 962 of any fiscal year of the State for any amounts so paid; proVided, however, the 963 obligation to make any su~h reimbursements shall be subordinate to the obligation imposed 964

- 35 -

@.

LC 5 4169

:;~
...
,.~
upon the fiscal officers of the State pursuant 965

2

to the second paragraph of Paragraph I ( a) of

3

Section VI, Article IX of t-~i-~ the.. 966

4

Consti tution ~-l2.l6. and sha 11 also be 967

5

subordinate to the obligation ~e-l"e-i-fta-b/We

6

7

8

&~~e-l"-&~~~l"-a~-may-~-de-~i-~Ra~e-d-bY-Ta-WT to

969

9

make sinking fund deposits for the benefit of 970

10

general obligation debt. t=~e--9i-l"'e-&~l"r-Fi-!teaT

JI

12

13

Iha--2DQLQQriate State 972

14

fiscal otficp,r may be required to apply such 973

15

funds .as

w::oyj de d in

16

subparagrapo at the suit of any hOlder of any 974

17

such guaranteed revenue obligations.

18

~ The amount to the credit of ~ai-d ~ 976

19

common reserve fund shall" at all times be at 9~7

20

least equal to the aggregate highest annual 978

21

debt service requirements on all outstanding

22

guaranteed revenue obligations entitled to the 979

23

benefit of ~~d tba fund. If at the end of 980

24

any fiscal year of the State !'tafEi .the. fund is

25

in excess of .the required amount,

981

26

27

28

29

shall ~l"'aft~~el"-!'t~eA~~e~~~ transf~ to

30

the general funds of the State free of said 984

31

trust.

32

~ The funds in the ~~ oeneral oblioation debt 986

33

sinkino-1.umL-aLliL the guSU:.2.Cteed r~e.o.ue debt common 987

- 36 -

LC 5 4169

reserve ~ shall be as fully invested as is ~re~~~~et 988

~~

I,

2

w:.2.tlicable, consistent with the requirements e~ 989

3

4

5

S~a~~T Any such investments shall be restricted to 991

6

obligations constituting direct and general obligations .992

7

of the Uni ted States Government or obligations 993

8

uncondi tiona 11 y guaranteed as to the payment of

9

principal and interest by the United States Government, 994

10

maturing no longer than ~e!e l~ months from date of 995

.J 1

purchase

12

Paraaraph IV. Certaln~2lliL21s--Erohibited. The 997

13

State, and all State institutions, departments and 998

14

agencies of the State are prohibited from entering into 999

15

any contract (except contracts pertaining to guaranteed 1000

16

revenue debt) with any public agency, public

17

corporation, authority~ or similar entity if such IDOl

18

contract is intended to constitute s~cur1ty for bonds or 1002

19

other obligations issued by ,any such public agency, 1003

20

public corporation~ or authority and, ~rem-eftd-ef~~r

21

Se-~~e-me~r-+-T-~9=14T in the event any contract between the 1004

22

State, or any State institution, department or agency of 1005

23

the State and any public agency, public corporation, 1006

24

authority or similar entity, or any revenues from any

25

such contract, is pledged or assigned as security for 1007

26

the repayment of bonds or other obligations, then and in 1008

27

either such event, the appropriation or expenditure of

28

any funds of the State for the payment of obligations 1009

29

under any such contract shall likewise be prohibited+~ 1010

30

~~~&e.-~e~rT-ett-eeft~re~~~-~ft~e-r~e-~ft~e--~r~r--~ 1011

31

Se~~effleep-+-T-~914.-~at!-&eft~~A~~~e-AaYe-~Ae-eefte-~t~-of

32

~A~--~re~e~~eA-e~~rded-ey-eAe-~ret~teA~-e~-~Ae-~eeoftd 1012

33

~e~e~ra~A-e~-~ara~re~A-f~e+-e~-See~~oft-f.-~retete-f*-of 1013

- 37 -

LC 5 4169

~~~~&A~~~t~t~&A-a~--~~y--aAe--~&m~te~~tr--a~--~~&~~

1014

2

~a~~~a~~~--t---of--~~~-~~~~A-~~-AO~-fR-~f~ee~-aAd

3

1015

4

1016

5

1017

6

7

1018

8

&~--&~~e~f~e--~ro~tft~--~re~ee~toA--~--t~e-~~~~-&f

1019

9

~~~a~~~-~e~~e-by-~~eA-eOft~ra~~~T

10

~raph V. Refundln~llt Debt. fe~--~~~ SYb~ 1021

11

12-_lbA- limitation contained in s~raoraph II(b)~ 1022

12

lhis Section. the State may incur general obligation 1023

13

debt or guaranteed revenue debt to fund or refund any 1024

14

such debt or to fund or refund any obligations issued

15

upon the security of contracts to which the provisions 1025

16

of the second paragraph of Paragraph I(a), Section VI, 1026

17

Article IX of ~A+5 1~ Constitution QL-I..2.1.6 are 1027

18

applicable. The issuance of any such debt for the

.

19

purposes of said funding or ~efunding shall be subject 1028

20

to the ~~~eeA 10 percent limitation in ~~b~are~re~~-~e+ 1029

21

eb&e Paragraph II Qf-1h1~~ to the same extent as 1030

22

debt incurred under 5a~a--~H&~r~re~A paraoraph II; 1031

23

prOVided, however, in making such computation the annual

24

debt service reqUirements and annual contract payments 1032

~

25

remaining on the debt or obligations being funded or 1013

26

refunded shall not be taken into account. tft-~~e-e~ftt 1034

27

~~-t~-ee~rmtftee-by--~~e--Se&~~--~~ete--FtAeAet~--eAe

28

fAe~m~~~~5~~A-~~a~-~-t~-~O-~Ae-be5~-tA~ere5~-&f 1035

29

1036

30

1037

31

accomplished by resolution of . the Georgia State

32

Financing and Investment Commission without any action 1038

33

on the part of the General Assembly and any 1039

- 38 -

LC 5 4169

appropriation made or required to be made with respect 1039

2

to the debt or obligation being funded or refunded shall 1040

3

immediately attach and inure to the benefit of the 1041

4

obligations to be issued in connection with such funding

5

1042

6

~F~~~~--B5--~~~tl~~--~Ae--~bt~~&~~6A--~~--be--~~~tled--~&a

1043

7

~~~~A&t~y-ee~A-atl~~e~~~e6--by--&~~~eA--~F--~~e--8~A~~at

1044

8

h~~~~y--a~--~e~e~Aeb&&--~~-~~~~~~r~~aed.-~~e-deb~

9

~ incurred in connection with any such funding or 1045

10

refunding shall be the same as that originally 1046

II

authorized by the General Assembly (except that general 1047

12

obligation debt may be incurred to fund or refund 1048

13

obligations issued upon the security of contracts to

14

which the provisions of the second oaragraph of 1049

15

Paragraph I(a>, Section VI, Article IX of ~~~ 1ha 1050

16

Constitution 21--l21Q are applicable and the continUing

J7

aopropriations required to be made under the said 1051

18

provisions of this Constitution shall immediately attach 1052

19

and inure to the benefit of the obligation to be issued 1053

20

in connection with such funding or refunding with the

21

same force and effect as though said obligations so 1054

22

funded or refunded had originally been issued as a 1055

23

general obligation debt authorized hereunder> aAd

24

1056

25

refunding issue pursuant t~~~SQLgQh shall not 1057

26

extend beyond the term of the original debt or 1058

27

obligation and the total interest on the funding or 1059

28

refunding issue shall not exceed the total interest to

29

be paid on such original debt or obligation. The 1060

30

principal amount of any debt issued in connection with 1061

31

such funding or refunding may exceed the principal

32

amount being funded or refunded to the extent nece"sary 1062

33

to prOVide for the payment of any p.remium therp-by 1063

34

incurred.

- 39 -

@

LC 5 4169

Paragraph fh 'iL. [Fa i th and Credi t of state 1065

2

Pledged Debt may be Validatedl. The full faith, credit~ 1066

3

and taxing power of the State are hereby pledged to the 1067

4

payment of all public debt incurred under this Article 1068

5

and all such debt and the interest ~~e~eeA QnLth~~

6

shall be exempt from taxation. Such debt may be 1069

7

validated by judicial proceedings in the manner provided 1070

8

by ~A~--6e~e~al-A~~e~e~y-aA6-~~A law. Such validation 1071

9

shall be incontestable and conclusive.

10

Paragraph ff~T ~ [Georgia State Financing and 1073

II

Investment Commission; Dutiesl. There shall be a 1074

12

Georgia State Financing and Investment Commission. The 1075

13

Commission shall consist of the Governor, the President

14

of the Senate, the Speaker of the House of 1076

15

Represenbatives, the State Auditor, the Attorney 10.77

16

General, the Director, Fiscal Division, Department of

17

Administrative Services, or such other officer as may be 1078

18

designated by law, and the Commissioner of Agriculture. 1079

19

The Commission shall be responsible for the i5suance of

20

all public debt ~~~p~ee-A&~A6e~ and for the proper 1080

21

application4 as provided by law. of the proceeds of such 1081

22

debt to the purposes for which it is incurred; provided, 1082

23

however, the proceeds from guaranteed revenup. 1083

24

obligations shall be paid to the issuer thereof and such

25

proceeds and the appli.cation thereof sha 11 be the 1084

26

responsibility of such issuer. Debt to be incurred at 1085

27

the same time for more than one purpose may be combined

28

in one issue without stating the purpose separately but 1086

29

the proceeds thereof must be allocated, disbursed and 1087

30

used solely in accordance wit~ the original purpose and 1088

31

without exceeding the principal amount authorized for

32

each purpose set forth in the authorization of thp. 1089

.13

General Assembly and to the extent not so usp.d shall be 1090

- 40 -

LC 5 4169

used to purchase and retire public debt. The Commission shall be responsible for the investment of all procep.ds to be administered by itT nQL-2S prov~d by law. the ~~-~Ae~t-A~~emetY-ffiay-~~&~~e-~~a~income earned on any such investments may be used to pay operating expenses ot the Commission or placed in a common debt retirement fund and used to purchase and retire any public debt, or any bonds or obligations issued by any public agency, public corporation or authority which are secured by a contract to which the provisions of the second paragraph of Paragraph I(a) of Section VI, Article IX of ~~~5 ~ Constitution ~ ~ are

1090 1091 1092 1093 1094
1095 1096
1097 1098 1099

.1100

shall have such additional responsibilities, powersL and duties as ~ett-ee ~ provided by law.

Paragraph l-IJ.T lli.L.. [St ate Aid Forbi dden 1. Except

as ~e+t"l provided in....1his CQnst1t!!tioo., the credit of

the State shall nQt be pledged or loaned to any

individual, company, corporatiQn4 or association &A6 ~eL ~ State shall not become a joint owner or

stockholder in or with any individual, company,

association~ or corporation.

Paragraph IJ.T l~ [CQnstructiQn]. Paragraphs IT

H,-fH-Me-fY through YIII of thiL~.ctiQ.o are fQr the

purpQse

of

providing

an a-~ew-aA&-ffi~e

effective

method

of financing the State's needs and their provisions and

any law now or hereafter enacted by the General Assembly

in furtherance t-A-e~eef. Qf .their ....QI:.QvisiQQs shall be

liberally construed to effect such purpose. InsQfar as

any such provisions or any such law may be inconsistent

With any other provisions of this Constitution or ot any

1102
.J 104 .1105 .1106 1107
.1108
I.J 10 1111 1.112 1113 I J 14
1.116
1.117

- 41 -

@.

LC 5 4169

~ ..~.
';;
.j
'.~.
:;~
other law, the provisions of such Paragraphs and laws 1118

2

enacted in furtherance t:~e-J"e&'F of such Parl'loraohs shall 1.119

3

be controlling; provided, however, th~ provisions of ,1120

4

such Paragraphs shall not be so broadly construed as to

5

cause the same to be unconstitutional and in connection .1121

6

with any such construction such Paragraphs shall b~ 1122

7

deemed to contain such impli~d limitations as shall be

8

required to accomplish the foregoing.

.1123

9

Paragraph ~f. ~ [Assumption of Debts Forbiddeni .1125

10

,1126

.I I

general 1aw enacted ~ a vote Q..Llwo-thirgs of the .1127

12

~mQers el~cted tQ each house of the General Assembly. .1128

13

14

Qf any county,

.1130

15

municipali~ Qr ~ pQlitical subdivision of the

16

1111

17

S~a~&-~e~e~&r-~R~&~~Rr-~~~~~-~A~~~~e&~e~-e~-~efe-Ae .1132

18

~~~&rf--~--~+~e--e'F--wap~--P~~~~.--~~e~e~r-~~e~-~~e 11'33

19

20

S&R&~a+-~~~e-mbr~-aRe-~e~-~~~-~R-~~&-~~r~~~ea-he~~-of 1114

21

~-S&R&.~r-h~~e-mbr~-&~-~~&-~ea~-~9~~-a~~a~e-9~.--w~~~ .1135

22

~&~A6--wa~--~&~~f~e-e--&A-N&~~p-8T-+93~.-eR6-w~~eR 1I 16

23

~A6Me-A~~~~e&e-fe~-~~e-~~~~~A-e~--~he--S~a~&--&f

24

~Ae&e~~~~--ef--~~&--~eepar~~R~~~~-~-5~e~eT-a~

1117

25

26

&55&~~m&~~-~&a&--~e~A5~-~e-eeMA~~~-&~-~a+~-~+~~~+ee

27

~P-~&-&e~~~~~e~~eR-eA~-~a+R~-&f-~&-~~r~--~oea~--er 1139

28

,1140

29

30

~6&b~&6R&55--~~--~&A--~Aeee~eeAe~--5e--e~~Mm&~T---+~ 1141

31

eeA~~~---&f---fMTr---fe~ee---aAe--effee~--MAt:+r--~MeR

.1142

32

~R6&b~&eAe-~~-e5~~-e~--~he--5~at:e--~~--~+d--eR6--~Meh

33

eep~~f~e-~e~-&f-~~e~~Ae-~~-~~~~eeT

,1143

- 42 -

LC 5 4169

.1145 .1146

. h~~~mbty--e~--eRy--tR~~r~~t,--~~ft~~--e~---~e~~~~~t~e5, .1147

a~~~~~~--~~em--tR~--~~e--e~--teaft~~-~~tte-~~Ra~-tR-Rt~

1148

~aRd5-er~Aey~-~~e-~at~ea-~R~e~~R-Rt5-a~eRey-fe~--tR~

1149

S~a~e--e~-ee~R~y-~~~~e~e5,-~Rett-be-de~med-a-fe~Ry.-a~a

.1150

~~Rt5RmeAt--~Rett ee--a--dt~~~att~t&a~teA--frem~etatR~ 1151

e~fte-~T

.1153

J 154

1155

e~-eRy-~art,-ef7t~-~~tAe-t~at-e~-tA~ere5~-ef-~Re-~eR65T

e~-e~Re~-ebt~a~teR5-wAte-~-~a~e~eeR-~~~~Reed-ttte~att .1156

.1157

eeA5~t~~~eRat-ameRdffieft~5-~a~tf~d--ey--a--~e~e--e~--~R~ .1158

~e~te--e~--t~e--ftr5t--day--ef-Mey.-+8~~~-Ae~-~Aatt-~Ae
GeReret-A5~em&ty--~e~e--e~t~ertt~--te--~~--aRy--ef--~Ae 1159

ebtt~a~teft5--ereeted-~y--~~--S~ate--~Ad~--taw5-~a55ed 1160
a~rt~-~-War-ge~weeA-~~e-S~a~e5T-Aer-aAy-ef-~Re-beAd5T

.1161

&*t5~eAee-ef-5atd-warT-~Ae-~t~-f&r-~e-~aymeA~-of-w~teR 1162

wa5--ft~ea--af~e~--~Re-ra~tfteatteA-ef_a-t~ea~y-e~-~eae-e 1163

R&r--5~att--t~e--G~erat--h~5em&~--~a~5-eAy-taw.-er-~Re .1164 Ge~erAe~-e.r-aRy~~~-S~a~e--efftetet.--eR~~--tA~--aAY .1165
&eA~~~--er-~~eemeR~-wRereby-tRe-5~a~e-~att~e~ade-a
~r~y-~-aAY-5~~-tA-aAy-ee~r~-ef-~t5-5~a~er-e~-af--tRe 1166 ~R~~ee--~ate~--tA5tt~~ted--te--~e5~-~~e-~attetty-ef-aAY .1167

Pa~~ra~A-~~r--Sate--ef--5~a~eL5--P~e~erty--~--~ay .1169 ~Aded--gebtr---~~--~reeeed5-ef-tRe-5ate-ef-~~-~5~rA 1170

- 43 -

LC 5 4169

;'1 {~
~i

2

3

4

5

6

1174

7

.J 175

8

.1176

9

~~~-~Ae~-~F-W~~&~-~a~e-~a~i~oe6-~a~-Be~A-~o~~~a~~eT-~A

10

~F~~&F&A~-~e-aii-e~A~~-BeAe5T

11 77

JI

1179

12

1180

13

1181

14

15

16

~a~~~~~-~~-~~&A-~~e~-eAd-~o-p~td~-e-5~ft~~~--~~Ad--~o 1193

17

pa~-o~~-8fld-~~~t~-~-~~d~-&~-~~-S~a~~-w~~e~-~a~-~~

18

1184

19

11 95

20

.1186

21

aA9--~~-~a~d-~~~~~~-~~~a.-~~a++-~-&pp+~d-~e-A&-&~~~

22

P~~P&~&-wft&~e~~T--~~~-~~Ae~-~~-~e--~a~d--~~A~t~--~~ftd 1187

23

J 188

24

.1189

25

~a---~~~~~~~&5--e~--~~e--F~de~ei--See~A~eAe.--~~+ry

26

~&~&ft~&~-9~-~~~e~~~~T--r~-~~--~a~--eOR6~--&~e 1190

27

Ao~--aa~raer&--~~--p~~e~a~T--~~-~~Ad~-~ft-~~e-~~A~tAQ 1191

28

29

wAeft--e~~~--~e~~~d--eY--9&Ad5--e~-~&-5~e~e-e~-FeeereiI192

30

See~A~~~.-~~ft-~~eA-e&A6~~~&~5-a~-~a~-ee--~~~&d--by

1193

31

32

.P...a..r...a..g..r...a..p..""hl.---"XuI....'--_--'S"'e...,.c....t....i..". "oO-t:!Q.L_IQ--!J.nl.gwfu lly I rnQ.fi1.I:. .1195

33

Contracts Or Reyive Obl1gat1.Qns preY1.Q~lY-:iQided. ~ 1196

- 44 -

LC 5 4169

provisions of this Section shal.LIlQ.L12LJ~QDs.1.l::!.!fiLsQ..-..1l..S.1197

2

iQ.!.

3

.till_Unlawfully il1!.Q.tlr:.--..1lliL-<lbl1aat1on of any .J I 99

4

contract in effect on-.-J.!mL]Q. 1983.

5

i..llL-Revi ve Of Rtlm.1.Lth~-ll.YLYQl--2f-t.beobI iWltioD

1201

6

Qf__2llY- bond or~cur1ty g~~d- to be voiQ-hY-ih~ 1202

7

Constitutioo of 1976 or any Ill:.flV10U5 ~tjtl)tion of 1203

8

1hll~tak... "

- 45 -

CROSS REFERENCE TABLE
ARTICLE VII TAXATION

PI .T PROVISION
Article VII, Section I, Para. I

PROPOSED PROVISION
Article VII, Section I, Para. I

Article VII, Section I, Para. II

Article VII, Section I, Para. II(a)

Article VII, Section I, Para. II(b)

Article VII, Section I, Pa lph III

Article VII, Section I, Paragraph III(a)(l)

Article VII, Section I, Para. III (a) (2)

Article VII, Section I, Para. III(b) (1)

CHANGES
1. Delete the precatory language relativ~ to the right of taxation being "a sovereign right ... belongs to the people in all republican governments ..."
2. Delete the provision relative to the "power to tax corporations and corporate property "at the first unnumbered subparagraph of Paragraph
1. Add the term "annual" to modify "levy of taxes", add the term "tangible" to modify "property".
2. Delete the phrase "repelling invasions suppressing insurrectioni' and substitute the term "~mergency" in lieu of the term "war').
3. Add the term "assessed" to modify "value".
1. Delete the phrase "until some other method ... for the taxation of national banking associations . is enacted by the General Assembly... .", and substitute in lieu thereof the phrase "so long as the method of taxation in effect on December 31, 1980 .
2. Add the term "assessed" to modify "value". Add the term "annual" to modify "rate".
1. Delete the phrase "and for public purposes only."
1. New prov1s10n which authorizes the General Assembly to authorize count ie' to levy and collect business and occupational license fees and taxes only in the unincorporated areas and grandfathers in local amendments dealing with this subject matter.
1. No change in present authorized classes of property.

CROSS REFERENCE TABLE ARTICL~ VII TAXATION Page 2

PI

T PROVISION

PROPOSED PROVISION

CHANGES

Article VII, Section I,

1. These two subparagraphs represent no

Para. III(b)(2) & Para.(b)(3)

substantive change from the provisions

contained in the first, second and

third unnumbered subparagraphs of the

present Paragraph III.

2. Deleted from the first and second unnumbered subparagraphs of the present Paragraph III is the descriptive language, "and to enact legislation .. to prevent .. escaping payment of their fair share of ad valorem taxes... "

3. The authorized classifications of property at the proposed Paragraph III (b)(2)(A), (B) and (C) are modified by the proposed Paragraph IIItb)t3) in order to eliminate duplication of language.

4. Added to the proposed Paragraph III (b)(2)(c) was the term "assessed percentage", in lieu of the term "basis" to modify "value".

Article VII, Section I, Para. IV

Article VII, Section II

1. The provisions relative to Exemptions from Taxation, with a few exceptions, have been omitted from the Constitutio proper. An entirely new constitutiona scheme for granting property tax exemptions by law has been included. The present exemptions have been "grandfathered" in as statutory law.

Ar' e VII, Section I, Article VII, Section II Pa IV, last unnumbered Para. I subparagraph

1. Add the phrase "Except as authorized in or pursuant to this Constitution" in lieu of "other than the property herein enumerated" to modify the phrase "All laws exempting property from taxation shall be void."

Article VII, Section I, Para. IV, eighth unnumbered subparagraph.

Article VII, Section II, Para. III(b)

1. No change; the present provision is incorporated by reference.

CROSS REFERENCE TABLE
ARTICuE VII TAXATION Page 3 .

P: IT PROVISION

PROPOSED PROVISION

Article VII, Section I, Para. IV, sixteenth unnumbered subparagraph through ninteenth unnumbered subparagraph

Article VII, Section II, Para. III (a)

CHANGES
1. The authority of local governments to grant "freeport" exemptions has been retained with a substantial reduction in language. The deleted language will be provided for by statute pursuant to the authorization contained in Paragraph III(a)(3)"

Article VII, Section I, Para. IV, all other unnumbered subparagraphs

Article VII, Section II, Para. IV

1. No change; the present constitutionally authorized exemptions are incorporated by reference to their existence on June 3D, 1983.

No ~rresponding p ,ion
:,1
No corresponding provision

Article VII, Section II, Para. II (a) (1)
Article VII, Section II, Para. II (a) (2)

1. Provides a method of granting propert) tax exemptions by law approved by two-thirds of the members of the General Assembly and a majority of the people voting in a referendum.
1. Provides a method of granting local homestead exemptions by local law subject to approval in a referendum.

No corresponding provision

Article VII, Section II, Para. II(a) (3)

1. Authorizes laws granting exemptions enacted pursuant to the methods provided in Paragraph II(a),(l) and (2' to originate in either the House or the Senate and prohibits a Governor's veto of those types of laws.

Nc responding provision

Article VII, Section II Para. II(a) (4)

1. Authorizes the codification or recodification of existing or subsequently enacted exemptions without the need for a referendum.

No corresponding provision

Article VII, Section II, Para. II(b)

1. Authorizes the General Assembly to prescribe conditions, limitations and administrative procedures for the grant of an exemption.

Article VII, Section II, Article VII, Section III,

Para. I

Para. I

1. The specific enumeration of purposes for which the power of taxation may be exercised were omitted from the Constitution.

CROSS REFERE~CE TABLE ARTICLE VII TAXATION Page 4

PI T PROVISION

PROPOSED PROVISION

CHANGES
2. The phrase "Except as otherwise provided in this Constitution", was added to insure that the gratuties prohibition would stand on its own.
3. The phrase "for the following purposes only.", was deleted and the phrase "for any purpose authorized by law.", was substituted in lieu thereof

Article VII, Section II, Para. I, subparagraphs one through thirteen

Article VII, Section III Para. I

1. The enumerated purposes of taxation were deleted to be provided by law and incorporated by reference to the date on which such purposes were valid.

Article VII, Section II, Article VII, Section III,

Para. II

P~ra. II(b)(l) and (2)

1. Substantial reduction in language to be provided for by statute.

Article VII, Section II, Article VII, Section III,

Para. III

Para. II(a)

1. Add the phrase, "Except as otherwise provided in this Constitution".
2. Require that interest earned on revenue collected be paid into the General Fund.
3. Delete the phrase, "and shall be appropriated therefrom... for thse purposes only."

Article VII, Section II, Pa' III, first UI'. ered subparagraph.

Article VII, Section III, Para. II(c)

1. Editorial revision of present provision. Recommended that this provision be placed at Article III, Section X, Paragraph VII(c).

Article VII, Section II, Article VII, Section III,

Para. IV

Para. III

1. Editorial revision of present provision.
2. Authorization to grant state funds to local governments rather than municipalities only.

Article VII, Section II, None Para. V

1. The provision on Industrial Development Commissions was omitted from the draft proposal.

.,

CROSS REFEREKCE TABLE

ARTICLl V;I T&XATION

!

Pag~ 5

PI

T PROVISION

PROPOSED PROVISION

Article VII, Section III Article VII, Section IV

Article VII, Section III, Article VII, Section IV,

Para. I

Para. I

Article VII, Section III, Article VII. Section II,

Para. I(a)

Para. I(a)

Article VII, Section III, Article VII, Section IV,

Para. I(b)

Para. I(b)

Article VII, Section III, Article VII, Section IV, Para. I(c). first three Para. I(c), Para. I(d), unnumbered subparagraphs Para. II, and Para. III
Paragraph I(c)

Paragraph I(d)

CHANGES
1. The major change in the provisions relative to State Debt is a structural revision to facilitate an easier reading of this Section.
1. This provision was restated in the positive rather than the negative. This facilitates the deletion of the introductory phrase, "The State may incur" in Paragraphs 1(a), (b) and (c) of Section IV.
1. Consistant with the change made in Section I, Paragraph II(a) of the draft proposal, the phrase "repelling invasions, suppressing insurrections" was deleted and the term "emergency" was substituted in lieu of the term "war ll
1. The phrase "as may exist" which modified the term "temporary deficit". was omitted.
2. The phrase "created by delay" in collecting taxes was substituted for, "because of necessary delay ...
1. This provision, added by amendment to the present Constitution in 1972, was
the subject of a substantial amount 0:
structural revision with a few major substantive changes.
1. Paragraph I(c) restates the current purposes for which General Obligation debt may be incurred and authorizes its incurrance.
2. The reference to an amendment adopted as a point in time was deleted. The date of that amendments' adoption was included.
1. Paragraph I(d) restates the current purposes for which Guaranteed Revenue debt may be incurred and authorizes its incurrance.
2. Paragraph I(d)(5) was substituted in lieu of the phrase, "to make or purchase, or lend or deposit against the security of loans."

CROSS REFERENCE TABLE ARTICLE VII TAXATION Page 6

PI

r PROVISION

PROPOSED PROVISION Paragraph II

Paragraph II(a) Paragraph II(b)

Paragraph II(b)(l)

Paragraph II(b)(2) Paragraph II(c) Paragraph II(d)

Paragraph III Paragraph III(a)(l)

CHANGES
1. This prov1s10n is a restatement of the current limitations on the incurrance of General Obligation and Guaranteed Revenue debt.
1. This provision is a restatement of the current definition of "annual debt service requirements" within the meaning of Para. II and Para. III.
1. This provision is a restatement ot the current fiscal limitations on the incurrance of either General Obligation or Guaranteed Revenue debt with two major substantive changes.
1. The highest aggregate annual debt service requirements for the current or any subsequent year, including the debt service requirement of the proposed debt and certain contractual obligations cannot exceed 10% of the total revenue receipts, less refunds in the Committee draft proposal whereas the current provision authorizes a lS% limitation.
1. The term of the debt is limited to 40 years whereas the current Constitution contains no such limitation.
1. This provision restates the cur~ent extra limitations"imposed when incurring Guaranteed Revenue debt for water or sewage facilities or systems.
1. This provision restates the current extra limitations imposed when incurring Guaranteed Revenue debt for educational loan purposes.
2. The phrase "to citizens of the State" which modified the term "loans" was omitted. The Committee proposal at Section IV, Paragraph I(d)(S) limited these educational loans "to citizens of the State".
1. This provision is a restatement of Sinking and Reserve fund requirements for the incurrance of debt.
1. This provision is a restatement of th, present conditions imposed on the enactment of legislation which authorizes the incurrance of General Obligation debt and the mandatory appropriation for service of such debt.

CROSS REFERENCE TABLE ART~CLE V~I TAXATION Page 7

"

PR PROVISION

PROPOSED PROVISION
Paragraph III(a)(2)(A)
Paragraph III(a)(2)(B) Paragraph III(b)(l) Paragraph III(b) (2) (A) Paragraph III(b)(2)(B)

CHANGES
2. The prov~s~on mandating that the revenues raised by taxation annually for debt service requirements on General Obligation bonds be in addition to the amount required for payments under Article IX, Section VI. Paragraph I(a) contracts and to pay public expenses was deleted.
1. This provision is a restatement of thE current requirement for a General Obligation Debt Sinking Fund.
2. The reference to the "Director, Fiscal Division, Department of Administrative Services, or such othet officer as may be designated by law", was omitted. The term "appropriate State fiscal officer" was substituted in lieu thereof in reference to such officer's duty to cure any deficiency in the Sinking Fund by virtue of insufficient appropriation thereto.
1. This provision is a restatement of thE current mandate that the obligation to make sinking fund deposits for General Obligation debt shall be subordinate to the obligation to make sinking fund deposits for State payments under Article IX, Section VI, Paragraph I(a) contracts.
1. This provision is a restatement of th, present conditions imposed on the enactment of legislation which authorizes the incurrance of Guaranteed Revenue Debt and the mandatory appropriation for service of such debt.
1. This provision is a restatement of tho current requirement for a Guaranteed Revenue Debt Common Reserve Fund.
1. The reference to the "Director, Fisca: Division, Department of Administrativt Services or such other officers as may be designated by law", was omitted. The term "appropriate State fiscal officer", was substituted in lieu thereof in reference to such officers duty to cure any deficiency in the Reserve Fund by virtue of insufficient revenues to meet debt service obligations and payment from the fund.

CROSS REFERE~CE TABLE ARTICLe VII TAXATION Page 8

PF r PROVISION

PROPOSED PROVISION Paragraph III(b)(2)(C)

Paragraph III(c)

Article VII, Section III, Article VII, Section IV,

Par~. I(c), fourth

Para. IV

UT

ered subparagraph

Article VII, Section III, Article VII, Section IV,

Para. I(d)

Para. V

CHANGES
1. This provision is a restatement of the requirement that funds in excess of the amount required in the Reserve Fund at the end of any fiscal year shall be transferred.
2. Again, reference is made to the "appropriate State fiscal officer".
1. This provision is a restatement of the current investment restrictions for both the Sinking Fund and the Revenue Fund combined.
1. This provision is a restatement of th. current provision prohibitng contract~ by the State with Public Authorities, except contracts pertaining to (State) Guaranteed Revenue debt, after September 1, 1974. Since this date has already passed, specific reference to it was omitted.
2. The provision relative to the valid it: of certain contracts entered into prior to September 1, 1974 was omitted.
1. This prov1s10n is a restatement of current provisions on the refunding of debt.
2. Consistant with the change made in Section IV, Para. II(b)ll), the percentage limitation of previous years revenues was reduced from 15% to 10%.
3. The provision relative to a determination by the G.S.F.I.C. that refunding debt would be in the best interest of the State was omitted.
4. The term "obligation" was included with the term debt to describe the subject matter of any such refunding.
5. The provision which described the status of a G.S.F.I.C. refunding resolution as the same as an action taken by the General Assembly authorizing debt was omitted.

CKOSS REFERE~CE TABLE ARTICLi VII TAXATION Page 9

PF T PROVISION

PROPOSED PROVISION

~:

Article VII, Section III, Article VII, Section IV,

Para. II

Para. VI

Article VII, Section III, Article VII, Section IV,

Para. III

Para. VII

Article VII, Section III, Article VII, Section IV,

Para. IV

Para. VIII

Article VII, Section III, Article VII, Section IV,

Para. V
J \i

Para. IX

Article VII, Section III, Article VII, Section IV,

Para. VI

Para. X

Ar ~ VII, Section III, None Pa. VII

Article VII, Section III, None Para. VIII

Article VII, Section III, None Para. IX

Article VII, Section III None Para. X

None

Article VII, Section IV, Para. XI

CHANGES
1. This provision is a restatement of the present provision.
1. This prov~s~on is a restatement of the present provisions relative to the Georgia State Financing and Investment Commission (G.S.F.I.C.)
2. The provision relative to the record keeping and clerical functions of the Commission was omitted to be provided by law.
1. This is a restatement of the present provision.
1. This is a restatement of the present provision.
2. The phrase "a new and more", which modified the phrase "effective method of finance" was omitted.
1. An exception to the limitation contained in this provision is authorized by the introductory language whereby the State may assume local government debt under certain conditions ..
2. The provision relative to Coastal Highway District debt was omitted.
1. Omit ted.
l. Omitted.
1. Omitted.
1. Omitted.
1. This prov~s~on was added to insure th, validity of certain contracts and to insure the invalidity of any obli~ation previously declared void.

COMMENTARY ARTICLE VII TAXATION AND FINANCE Prepared by The Staff of the Select Committee on Constitutional Revision
The committee makes several recommendations in the area of taxation, the more important of which concern exemptions from ad valorem taxation, the authorization for counties to levy and collect business and occupational license fees and license taxes in the unincorporated areas of the counties, and the purposes for which the State may exercise the power of taxation. In the area of state debt, the committee's principal substantive proposals consist of placing a more restrictive limitation on the amount of debt the State may incur, limiting the term of state debt to forty years, and authorizing the State to assume the debts of local governments under certain circumstances.
The proposed revision of Article VII generally follows the organization of the present constitutional provision although there are some significant organizational changes. In addition, some of the current provis is ions have been rephrased to provide for more conciseness and greater clarity and to eliminate redundancies. One change in wording which appears throughout the proposed revision of Article VII is the use of the term "State" in place of the term "General Assembly" which is presently used. This change was made to reflect the fact that the General Assembly alone does not enact laws but that the General Assembly with the concurrence of the Governor does so.
SECTION I Power of Taxation Paragraph I. Taxation; limitations on grants of tax powers. The proposal rephrases this paragraph without making any substantive changes. The precatory language regarding the right of taxation has been eliminated. It appeared to the committee that such language is unnecessary since it purports to grant power to the State rather than to place a limitation on the exercise of that power. The second unnumbered subparagraph of the existing provision, which deals specifically with the power to tax corporations and corporate property, has also been eliminated as unnecessary since the limitations contained therein are made applicable to corporations and

corporate property by the general provision which restricts the state from suspending or irrevocably giving, granting, limiting, or restraining the right of taxation. That is, the limitations contained in the general provision are already applicable to corporations and corporate property, so the committee believes that it is redundant to include a provision directed specifically at corporations and corporate property.
Paragraph II. Taxing power limited. The proposal does not contain any substantive changes to the present Paragraph II. However, the two concepts expressed in the single sentence of the existing provision are set forth in two separate paragraphs.
In the first paragraph of the proposal, which continues the limitat ion on the annual levy of state ad valorem taxes, the word "tangible" has been inserted before property to make it clear that the millage limitation applies to tangible property only. The millage limitation is expressed in terms of the "assessed" value of property. This proposed change is cons istent with the interpretation of the term "value" as it now appears in this provision of the Constitution. Also, the exception to this limitation which presently reads "except to provide for repelling invasion, suppressing insurrections, or defending the state in time of war" (emphasis added) is changed to read "except defending the state in an emergency" (emphasis added). The present language became a part of the Constitution in 1904. The term "emergency" is proposed to give the State flexibility to defend itself in times of crisis other than in times of armed conflict. It is the intention of the committee to authorize the General Assembly to determine when an emergency exists against which the State must defend itself.
The proposal also carries forward the substance of the existing provision regarding the taxation of the shares of stock of banking corporations and other monied capital coming into competition with such banking corporations. The existing provision is modified, however, to reflect a change in the laws of the United States which now permit other methods of taxing national banking associations or corporations. The proposal permits the continuation of the method of taxation presently authorized by the reference to the "method of taxation in effect on December 31, 1980 The proposal also makes it clear that the rate referred to is an "annual"
-2-

rate and that the value is the "assessed" value. It is the intention of the committee to continue in effect the authorization for the present method of taxation of shares of stock of banking corporations, but to update the language to reflect the easing of federal restrictions on the taxation of national banking associations and corporations.
Paragraph III. Uniformity; classification of property. Generally, the committee recommends no significant changes to the existing provisions of this paragraph. However, the substantive provisions are restated and organized differently and there is a major addition to this paragraph.
Subparagraph (a)(1) is the same as the first two sentences of the existing provision, except that the language requiring taxes to be levied and collected "for public purposes only" is eliminated to conform to a proposed change to the present Section II, which is discussed below. The committee considered rewording the uniformity provision, but decided to propose the retention of the eXisting language because it felt any change in the present wording of the uniformity provision might produce unwarranted confusion and uncertainty.
The committee determined that one source of numerous local constitutional amendments was the prohibition, by reason of the uniformity provision, against the levy and collection of business and occupational license fees and taxes by a county in the unincorporated area of the county only. The uniformity provision does not prevent a municipality from levying such a tax or fee within the territorial limits of the municipality because the tax or fee would be uniform within the entire taxing jurisdiction, i.e., the municipality. However, presently, a local constitutional amendment circumventing the uniformity provision must be enacted in order for a county governing authority to levy and collect business and occupational license fees and taxes in the areas of the county outside the limits of any incorporated municipality. Such an amendment is required because the territorial limits of a county necessarily include the areas within the incorporated municipalities, so that to levy a business tax in all areas of the county except municipalities would not be "uniform within the territorial limits of the authority [the county) levying the tax." The proposed provision would eliminate the necessity of obtaining the passage
-3-

of a local constitutional amendment in order for a county to levy and collect such a tax or fee. Under the proposal, counties may be authorized by general law or, in the absence of a general law, by local law to levy and collect these taxes or fees. The proposal also provides for the continuation in effect as statutory law of the existing local constitutional amendments authorizing these taxes or fees.
The proposal adopts the property classification scheme presently set forth in the Constitution, but rephrases some of the provisions and reorganizes them. Thus, the proposal provides that "classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money." This language is identical to that which presently appears in the Constitution. The major organizational change in this paragraph is to eliminate certain language which is repetitive. The committee does not intend by its proposal to change in any manner the current classification scheme, but to reword the existing provision to eliminate redundancies. The classes of property for taxation are, therefore, the same as those in the existing Constitution.
SECTION II Exemptions from Ad Valorem Taxation The provisions of the existing Constitution regarding exemptions from ad valorem taxation are contained in Paragraph IV of Section I. These provisions set forth in great detail the exemptions authorized and consequently are quite lengthy. The committee determined that none of the present exemptions from ad valorem taxation should be eliminated or even changed. It found, however, that the provisions which list the exemptions and describe them in such great detail are more appropriately the subject of statutory .law, and did not think it necessary to continue the unnecessary cluttering of the Constitution with lengthy provisions regarding exemptions. The committee thus sought to rid the Constitution of this great amount of detailed language while preserving the types of exemptions which are presently in effect. The committee also determined that exemptions from ad valorem taxation were the subjects of a large number of amendments to the Constitution and sought a means of permitting additional exemptions without having
-4-

to amend the Constitution by either general or local amendments. At the same time, it was concluded that the basic procedure for allowing additional exemptions should remain intact. By means of a new Section II, which deals solely with exemptions from ad valorem taxation, the committee believes that these objectives are accomplished.
Paragraph 1. Unauthorized tax exemptions void. This proposed paragraph, which makes void all laws exempting property from ad valorem taxation except as authorized in or pursuant to the Constitution, contains the same basic limitation on exemptions that is found in the last unnumbered subparagraph of Paragraph IV of,the present Constitution with one significant change. Presently, the property exempted from taxation must be enumerated in the Constitution. Additional exemptions from ad valorem taxation thus require a constitutional amendment. The proposal eliminates this enumeration requirement, and authorizes the exemption of property by laws enacted pursuant to the procedures set forth in Paragraph 11 of this Section.
Paragraph II. Exemptions from taxation of property. The second paragraph of the proposed Section II sets forth procedures for enacting laws exempting property pursuant to the Constitution. These new procedures for enacting laws are basically the same as the procedures which must be followed to amend the Constitution. The only significant difference is that a constitutional amendment must be voted on by the electorate at a general election while no such requirement is placed upon a law subject to a referendum under the proposed procedures. A law granting an exemption pursuant to the new procedures could be voted on at times other than a general election.
Under the procedures prescribed in the proposal, a law granting an exemption may originate in either the Senate or House of Representatives and must be approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote. In addition, such law must be approved by a majority of the qualified electors of the State voting in a referendum thereon. Finally, such a law is not subject to the Governor's veto. Under these proposed procedures, then, a law providing for an exemption must follow the same path that is presently required for amending the Constitution. None of the protections which are provided under the present Constitution would be lost.

-5-

61).

The committee found that a large number of local constitutional amendments related to Article VII concern homestead exemptions from ad valorem taxation levied by local taxing jurisdictions. Therefore, a specific provision, Paragraph II(a)(2), is included in the proposal to provide a means of enacting local laws granting these exemptions. The procedures for enacting such a local law would be basically the same, with the exceptions noted below, as those presently required for enacting a local constitutional amendment granting a homestead exemption. One change in the procedure would be that a local law granting such an exemption would be required to receive the approval of only a majority of the members of the legislature rather than a two-thirds vote which is required for a local constitutional amendment. The committee believes that since both local legislation and local constitutional amendments are approved by the legislature under the "local courtesy" custom, this does not constitute a significant change. Another change is that under the new procedure, the local law would have to be advertised in the manner prescribed in Article III. Such a law would still require the approval of a majority of the qualified electors residing within the limits of the local taxing jurisdiction voting in a referendum thereon. Also, such a law would not be subject to the Governor's veto.
A key provision in the proposal is subparagraph (b) of Paragraph II which prOVides that "the grant of any exemption from ad valorem taxation shall be subject to the conditions, limitations, and administrative procedures specified by law." By this provision, the committee intends that many details such as those presently found in the Constitution concerning exemptions would be prescribed by statutory law. This proposal would authorize the enactment of legislation, without the need for a referendum, to deal with and change, when necessary or desirable, administrative and procedural provisions related to an exemption where the grant of the exemption itself would not be affected. The committee intends that this provision would separate the administrative and procedural details regarding the exemption from the law granting the exemption pursuant to the procedures described above. As a result, it would not be necessary to enact a law pursuant to the provisions described above if such law would merely alter some administrative or procedural detail.
-f.-

The proposal makes it clear that the above described procedures for granting an exemption do not apply to a law which merely codifies or recodifies an existing exemption.
Paragraph III. Exemptions which may be authorized locally. This paragraph of the proposed new Section II is a restatement of the so-called "freeport amendment" which is provided for in the existing Constitution. It is not intended to change the substance of the existing provision in any manner. The proposal reflects a great deal of editorial revision, however, since the committee determined that much of the present language could be relegated to statutory law without changing the substance of the exemptions.
The procedures presently set forth in the Constitution for implementing and administering the grant of such exemptions would, under the proposal, be provided for by statute. In order to continue those procedures which are provided for in the existing constitutional provisions, the proposal provides that "until otherwise provided by law, the grant of the exemptions shall be subject to the conditions, limitations, definitions, and procedures provided for the grant of such exemption in the Constitution of 1976 on June 3D, 1983." Upon the adoption of this proposal, then, the "freeport amendment" would still be available and the procedures prescribed in the present Constitution would still have to be followed, unless a law were enacted which changed such procedures.
Paragraph IV. Current property tax exemptions preserved. The committee decided that the exemptions authorized at the date of adoption of the new Constitution should continue to be authorized so that no exemption then existing would be eliminated upon the approval of the new Constitution. It was decided, however, that these exemptions should not be retained as constitutional provisions but should have the same status as exemptions allowed pursuant to the proposed procedures in Paragraph II of this section. This intention would be effected by this paragraph. All existing exemptions set forth in the constitution would thus be preserved. However, these exemptions, like exemptions granted pursuant to the new procedures, would be subject to repeal by regular statutory law.
Other changes. The proposal regarding exemptions eliminates a provision which the committee determined was ineffective and thus unnecessary. Paragraph V of the present Constitution provides that "all exemptions

-7-

@

from taxation heretofore granted in corporate charters are declared to be henceforth null and void." This provision was included in the Constitution of 1945 in an attempt to repeal tax exemptions granted in certain corporate charters granted prior to 1877. This proved to be ineffective since the Georgia Supreme Court has held that this provision is void and of no effect. Thompson v. Atlantic Coast Line Railroad, 200 Ga. 856 (1946).
SECTION III Purposes and Methods of State Taxation Paragraph I. Taxation; purposes for which powers may be exercised. In the present Constitution, the powers of taxation may be exercised for thirteen enumerated purposes. The committee found that these enumerated purposes did not inhibit the State's ability to levy and collect a tax but only limited the purposes for which tax revenues could be spent. The committee determined that these limitations do not serve any useful purpose but reflect an attitude toward state taxation that dates back to the time of the enactment of the Constitution of 1877. The committee believes that the State's discretion in appropriating tax revenues should not be constrained by the present provisions but, to the contrary, that the State should have the flexibility to react to the needs of the people of the State. The committee considered a proposal limiting the exercise of the power of taxation "for public purposes only." This proposal was rejected in favor of giving the State unlimited authority in this area. The ~ommittee's proposal deletes the existing list of purposes and substitutes therefor a provision which permits the exercise of the power of taxation for any purpose authorized by law. The proposal is intended to eliminate any restrictions on the power of taxation that may presently result from Paragraph I of Section II of the present Constitution. In order to alleviate any concern that the change may in some manner preclude the spending of tax revenues for a purpose presently authorized, the proposal specifically provides that the purposes listed in the existing Constitution shall continue to be purposes for which the taxation powers may be exercised.
-8-

Paragraph II. Revenue to be paid into General Fund. This paragraph of the proposal is essentially the same as Paragraph II of the existing Constitution, although some editorial changes have been made. The term "revenue" has been substituted for the term "money." The requirement that all interest earned on state revenue be paid into the General Fund of the State Treasury is explicitly stated in the proposal to reflect the present practice. Also, to conform to the proposed Paragraph I, the requirement in the eXisting Constitution that money be appropriated from the State Treasury only for the purposes set out in the section and for those purposes only has been eliminated.
Subparagraph (b) of the proposal is an editorial revision of Paragraph II of the existing provision, which concerns the promotion of agricultural and other products. The proposal adopts the substance of the existing provision and thus provides that fees, assessments and other charges collected from the sale or processing of certain agricultural products are not required to be paid into the General Fund of the State Treasury. The proposal also contains the provision found in the eXisting Paragraph II, which provides that the uniformity requirement shall be satisfied by the application of the program upon the affected products, in order to overcome an earlier Georgia Supreme Court decision which held that the uniformity provisIon was violated where the agricultural program operated only on a few but not all agricultural products. Agricultural Commodity Authority v. Balkcom, 215 Ga. 107 (1959). The existing provision contains several statements regarding what the General Assembly may do to effect the purposes of the provision. The committee determined that the purposes of the provision were to overcome (1) the uniformity requirement decribed above and (2) the requirement that all revenue be paid into the General Fund. Therefore, all other provisions not directed to these objectives have been eliminated.
The second unnumbered subparagraph of Paragraph III of the existing Constitution authorizes the General Assembly to provide for the assessment of additional penalties in certain court cases and further provides that the proceeds from these additional penalties may be allocated for training law enforcement officers and prosecuting officials of the State. The
-9-

1
committee decided that, organizationally, this provision should be included in Article III, Section X, Paragraph VII of the existing Constitution since it is not an exception to the requirement that revenues be paid into the General Fund, but is an exception to the constitutional requirement that "no appropriation shall allocate to any object the proceeds of any particular tax or fund." The committee adopted a resolution suggesting that this provision should be set forth as described above, but decided to retain the provision in its proposal in order to ensure its inclusion in the new Constitution. The proposed Paragraph II includes this provision as subparagraph (c). There have been some very minor editorial changes which do not change the substance of the provision.
Paragraph III. Grants to municipalities and counties. Presently, only municipalities of Georgia are authorized to receive grants of State funds under Paragraph IV of the present section. The committee determined that there is no basis for restricting eligibility for such grants to municipalities. Paragraph IV of the present Constitution has therefore been expanded to include counties as well as municipalities.
Other changes. After investigation, the committee found that the provision of the current Constitution authorizing the General Assembly to create an industrial development commission has never been implemented and was no longer needed. Paragraph V of the present Constitution has thus been deleted.
SECTION IV State Debt The proposed Section IV of Article VII regarding state debt incorporates, with some exceptions noted below, the provisions which are set forth in Section III of Article VII of the present Coqstitution. The committee found that the bonds issued by the State of Georgia have the highest rating possible and that this may be due in part to the provisions in the Constitution relating to state debt. Thus, the committee carefully considered suggested changes and concluded that no major revisions of the substantive provisions of the present Constitution are needed. The decision was made, though, that the present organization could be improved considerably and therefore a revision which restructures the present prOVisions is proposed.
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(QIl, .

Paragraph I. Purposes for which debt may be incurred. One of the exceptions presently provided to the limitations on the incurrence of public debt is to "repel invasion, suppress insurrection and defend the state in time of war. Consistent with the change which has been proposed to the exception to the restrictions on the levy of state ad valorem taxes, this has been changed to permit the incurrence of public debt without limit to defend the state in an emergency.
Paragraph II. State general obligation debt and guaranteed revenue debt; limitations. Presently, the state may incur new debt if the annual payment to service such debt (principal and interest) plus the current debt service payment and certain lease payments do not exceed 15 percent of the total revenue receipts less refunds of the immediately preceding year. The committee found that this limitation has never been approached and that the current debt service requirements are considerably less than 10 percent of the total revenue receipts. The committee decided that the current limitat ion was not sufficiently restrictive and that, particularly in view of the reported experience, the percentage should be reduced to 10 percent.
The committee also decided to recommend the imposition of a restriction on the term of the debt and proposes that the term of the debt shall not be in excess of forty years.
Paragraph III. State general obligation debt and" guaranteed revenue debt; conditions upon issuance; sinking funds and reserve funds. This paragraph is the same as the second and third unnumbered paragraphs of subparagraph (c) of Paragraph I of the present Constitution with some minor changes.
The statement that the revenues raised annually by taxation to pay debt service requirements on general obligations bonds shall be in addition to the sum necessary to make payments under certain contracts and to pay public expenses has been deleted. The committee determined that this recitation is unnecessary. Paragraph I(a), Section VI, Article IX of the Constitution requires the appropriation of sums sufficient to satisfy payments required to be made each year under such contracts. The requirement that the fiscal officers of the State make such appropriations is incorporated by reference in subparagraph (a)(2)(B)
-11-
@.

of this proposed Paragraph. Furthermore, Paragraph Xl of the proposal ensures the validity of these contracts and the State's obligations thereunder. The committee concluded that the reference to the payment of public expenses was superfluous.
The phrase "appropriate state fiscal officer" has been substituted for the phrase "Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law" which is used in the present Constitution. The committee believes that this is a more concise description of the officer who is presently specified in the Constitution. Also, the restrictions on the investment of funds in the general obligation debt sinking fund and the guaranteed revenue debt and reserve fund were consolidated and set forth at the end of the paragraph.
Paragraph IV. Certain contracts prohibited. This paragraph is the same as the last unnumbered paragraph of subparagraph (c) of Paragraph I of the present Constitution with two changes. First, the reference to "from and after September 1, 1974" in the prohibition against the appropriation or expenditure of funds for the payment of any obligation under prohibited contracts has been deleted since that date has passed. Second, the last clause of the first sentence and the second sentence of the existing provision, which guarantee the effectiveness of contracts entered into
before September 1, 1974, have been deleted. The committee decided that
the benefits of this provision would be ensured by Paragraph Xl of the proposal, so that the language deleted is not required.
Paragraph V. Refunding of debt. This paragraph is substantially the same as subparagraph (d) of Paragraph I of the present provision. Consistent with the reduction of the percentage limitation on the incurrence of new debt, the 15 percent limitation which appears in the present provision has been reduced to 10 percent. Also, the committee believes that the Georgia State Financing and Investment Commission will act in the best interests of State and that a statement in the Constitution requiring the Commission to so act is not required. Such language has thus been eliminated.
Paragraph VI. Faith and credit of state pledged' debt may be validated. This paragraph is the same as Paragraph II of the present state debt provision.
-12-

Paragraph VII. Georgia State Financing and Investment Commission; duties. This paragraph is the same as Paragraph III of the present state debt provision, except that the provision requiring the Commission to be "responsible for its own recordkeeping, reporting and related administrative and clerical functions" has been omitted. The committee decided that such requirements should be the subject of statutory law.
Paragraph VIII. State aid forbidden. This paragraph is the same as Paragraph IV of the present state debt provision.
Paragraph IX. Construction. This paragraph of the proposal is the same as Paragraph V of the present state debt provision except that the language was changed to reflect the fact that it has been eight years since the state has been constitutionally authorized to incur a debt in the manner set forth in Paragraphs II through V of the proposed Section IV. The present provision describes this method of debt incurrence as "new and more effective" while the proposal describes this method of debt incurrence as "effective."
Paragraph X. Assumption of debts forbidden; exceptions. Under the current state debt provisions, the State is prohibited from assuming the debt of any county, municipality or political subdivision of the State except in time of war. The committee found that the default by any local government on its obligation may affect the credit rating of other local governments and determined that in extraordinary circumstances the State should be authorized to assume the debt of local governmental units. The committee further decided that at least two-thirds of the members of each house of the General Assembly should consider the situation serious enough for the State to assume the debt, so that a general law enacted to assume such debt must receive the vote of two-thirds of the members elected to each house of the General Assembly.
The committee also found that the remaining language of the current Paragraph VI was obsolete so it has been deleted. Moreover, any obligations the State may have under the present Paragraph VI would remain in effect because Paragraph XI of the proposal provides that the new Constitution shall not be construed to impair any obligations in effect on the date of adoption of the new Constitution.
-13-

Paragraph XI. Section not to unlawfully impair contracts or revive obligations previously voided. This is a new provision which ensures that contracts entered into pursuant to the Constitution of 1976 in connection with the incurrence of debt shall not be impaired and that the obligations declared void by Section III, Paragraph VIII of the Constitution of 1976 (Civil War bonds) would not subsequently be revived by the new Constitution.
Other changes. The committee determined that the following paragraphs of the current state debt provision are outdated or otherwise unnecessary and should be deleted from the Constitution:
(1) Paragraph VII, Profit on public money; (2) Paragraph VIII, Certain bonds not to be paid; (3) Paragraph IX, Sale of state property to pay bonded debt; (4) Paragraph X, State sinking fund.
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COMMITTEE TO REVISE ARTICLE VII (TAXATION AND STATE DEBT)
OTHER RECOMMENDATIONS
Recommendation I. 1. The new constitution should contain a provision to provide in effect as follows: (a) Except as otherwise provided in the Constitution, all existing local constitutional amendments should be continued as local statutory law for a period of four years from the date of the enactment of the new Constitution. At the end of the four-year period, they should be automatically repealed. However, specific provisions may be continued in effect by general statutory law or local statutory law. 2. The staff of the Select Committee on Constitutional Revision and the Office of Legislative Counsel at an early date should begin to contact local authorities and local delegations; provide them, to the extent possible, with copies of the local amendments affecting their governmental units; and ask them to determine which existing local constitutional amendments should be continued as local statutory law beyond the fouryear period.
Recommendation II. Article X, Section I, Paragraph IV, Firemans' 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 (and the Revised Article X) with appropriate statutory changes. Recommendation III.
The provision at Article VII, Section III, Paragraph II(c) of the Committee proposal relating to the assessment of additional fines and penalties to provide for law enforcement and prosecutorial officers training,


insofar as this provision is not an exception to the "General Fund" requirement at Article VII, Section III, Paragraph II of the proposal but is an exception to the prohibition of the earmarking of funds at Article III, Section X, Paragraph VII, should be transferred and included as Article III, Section X, Paragraph VII, subparagraph (c). In the event that this recommendation is not accepted by the Select Committee on Constitutional Revision, then that provision should be retained at Article VII, Section III, Paragraph II(c) of the Committee proposal. Recommendation IV.
The provision at Article VII, Section III, Paragraph III, Grants to Municipalities and Counties, of the Committee proposal, insofar as this provision is an exception to the prohibition of the granting of donations or gratuities at Article III, Section VIII, Paragraph XII, should be transferred and included as Article III, Section VIII, Paragraph XII, subparagraph (10). In the event that this recommendation is not accepted by the Select Committee on Constitutional Revision, then that provision should be retained at Article VII, Section III, Paragraph III of the Committee proposal.
-2-

CO"",MI"T[t MEJ..\BERS
GEORGE B~SBEE '
GOVfRNOR CHAIRMAN
2CLL MILLER LIEUTENANT GOVERNOR
THOMAS. B MURPHY SPEAKER. HOUSE OF REPRESENTATIVES
ROBERT H, JORDAN CHIEF'" JUSTICE., SUPREME COURT
J, KELLEy QUILLIAN CHIEF JUOGE. COURT OF APPEALS
ARTHUR K, BOLTON ATTORNEY GENERAL
MARCUS e. CALHOUN
S.ENlOR JUDGE, SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITy AVENUE ATLANTA. GEORGIA 30334
404/6567158

COMMITTEES M[MI;JE.RS
AL HOLLOWAY SENATE PR[SIDENT PRO TEMPORE
JAC", CONNeLL 5P[A"'(R PRO TlMPOR(
ROY [ BARNES CHAIRMAN SENATe JUDICIARY COMMITTEE:
WAYNE SNOW. JR CHAIRMAN, HOUSE JUDICIARY COMMITTEE
FRANK'H, EDWARDS SPECIAL COUNSEL
J. ROBIN HARRIS EXECUTIvE DIRECTOR
MELVIN e. HILL. JR
ASSISTAN' EXECUTIVE DIRECTOR

TO: FRCM: SUBJEcr:
DATE:

SELECT COMMITTEE ON CONSTITUTIONAL REVISION
Michael J. Henry, Staff Attorney
Staff Recommendations for Changes in Article VII (Taxation and Finance)
June 23, 1981

Since the date of the completion of the proposal to revise Article VII by the Committee, the staff has been in the process of reviewing that proposal in relation to the proposals submitted by the other Article Committees. The staff has the following suggestions to make regarding the proposed Article VII.
1. The staff recommends that the prov1s10ns at Article VII, Section I, Paragraph III(a)(2) relative to county taxation of businesses only in the unincorporated areas be moved to Article IX, Section IV, Paragraph I, Taxation power of county and municipal governments, for inclusion there. 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 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 authorityof 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

.@.

1
SELECT COMMITTEE June 23, 1981 Page 2
(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 of a 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."
The Article VII proposal also provides that local constitutional amendments authorizing counties to levy such a tax be continued in effect as valid statutory law. In light of the Committee's earlier decision on how to deal with all existing local constitutional amendments, it is unnecessary that these specific types of local amendments be carried forward in this manner at this place in the
Constitu~ion.
2. Article VII, Section I, Paragraph III(b)(l) needs to be modified to clarify a citation as follows: "Except as otherwise provided in this subparagraph
i l l... " (addition underlined)
3. Article VII, Section II, Paragraph II(a)(3) needs to be modified to clarify a citation as follows:
"Laws subject to the requirement of a referendum as provided in this subparagraph ~ " (addition underlined)
.~.

SELECT COMMITTEE
LEGISLATIVE OVERVIEW COMMITTEE June 23, 1981 Page 3

Article VII, Section II, Paragraph II(a)(4) needs to be modified to clarify a citation as follows:
"The requirement of this subparagraph M shall
not apply .. " (addition underlined)

5. Article VII, Section II, Paragraph III(a)(2) needs to be modified to clarify a citation as follows:

"Exemptions granted pursuant to this subparagraph
M may only be revoked . " (addition underlined)

6. Article VII, Section II, Paragraph III (b) needs to be modified to clarify a citation as follows:

"This subparagraph (b) is repealed . " (addition

underlined)

---

7. Article VII, Section III, Paragraph II(b)(2) needs to be modified to clarify a citation as follows:
"~ used in this subparagraph (b), agricultural products ... " (addition underiiti~d)

8. Article VII, Section III, Paragraph II(c) provides for the earmarking of fines and bond forfeitures for law enfocement and prosecutorial officers training. The Article VII Committee recommends that this provision be placed at Article III, Section IX, Paragraph VII, new subparagraph (d).

9. Article VII, Section IV, Paragraph I(b) needs to be modified to reflect the fact that debt incurred, if any, under the Constitution of 1976 to supply a temporary deficit 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 i~ the last sentence of that provision:

"No such debt may be incurred in any fiscal year under the provisions of this subparagraph (b) if there is then outstanding unpaid debt from any previous fiscal year which was incu.red to supply a temporary deficit in the State Treasury." (changes underlined)

SELECT CO~~lTTEE LEGISLATIVE OVERVIEW C~~ITTEE June 23. 1981 Page 4
10. Article VII. Section IV, Paragraph II(b)(l) needs to be modified to clarify which intergovernmental contract payments are property to be included for purposes of determining the highest aggregate annual debt service requirement. The staff recommends the provision be modified as follows:
"And the highest Rggregate Rnnual payments for the then current year or any subsequent fiscRl year of the State under all contacts then in force to which provisions of the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of 1976 are applicable ... "
11. Article VII, Section IV, Paragraph III(a)(l) needs to be modified in order to insure that the deletion of the present "second paragraph of Paragraph 1(a). Section VI, Article IX", from the proposed Constitution will have no adverse effe~ts on bonds issued. the security of which is dependent on state lease rental agreement payments mandated by Paragraph I(a). The staff recommends the last sentence of the provision be modified as follows:
"The General Assembly shall raise by taxation and appropriate in each fiscal year. in addition to-the sum necessary to make all payments required under contracts entitled to the protection of the second paragraph of Paragraph I(a), Section VI. Article IX of the Constitution of 1976, such amounts as are necessary to pay debt service requirements in such fiscal year on all general obligation debt incurred pursuant to this Section." (addition underlined)
In this manner. the mandatory appropriation for payment under these lease rental agreements will be preserved, the obligations to which these mandatory appropriations attach will be identifiable by reference to Paragraph I(a) of the Constitution of 1976. and the fiscal officers' duty to make these payments in the event the General Assembly does not so appropriate will be retained at Article VII, Section IV. Paragraphs III(a)(2)(B) and III(b)(2)(B). With the three essential elements of Paragraph I(a) intact. the paragraph can be omitted as per the Article IX Committee recommendations.
12. Article VII, Section IV, Paragraph III(a)(2)(B) needs to be modified to clarify a citation as follows:
"The obligation to make sinking fund deposits as provided 1n subparagraph (a)(2)(A) shall be . " (clarification underlined)

SELECT COMMITTEE LEGISLATIVE OVERVIEW COMMITTEE June 23, 1981 Page 5
13. Article VII, Section IV, Paragraph III(b)(2)(B) needs to be modified at the last sentence to clarify a citation as follows:
"The appropriate State fiscal officer may be required to apply such funds as provided in this subparagraph (b) (2)(B) at the suit. .. " (clarification underlined)
14. Article VII, Section IV, Paragraph IV, Certain contracts prohibited needs to be modified as a matter of style. This provision contains a parenthetical statement at lines 17 through 18, page 13. The staff recommends that this statement be set off by commas rather than parentheses, as follows:
"and agencies of the State are prohibited from entering into any contract, except contracts pertaining to guaranteed revenue debt, with any public agency... "
IS. Article VII, Section IV, Paragraph V needs to be chan~ed to omit the beginning proviso as unnecessary and confusing and to correct a citation. The staff recommends that the provision be modified as follows:
"[Subject to the limitation contained in subparagraph II(b) of this Section]. The State may incur .. " (suggested language to be omitted in brackets)
This language adds nothing to the provision and may be a source of confusion. The second sentence of the provision mandates that the 10 percent limitation found in Paragraph II shall be applicable to the refunding issue. To make the refunding issue subject to the limitations of Paragraph II(b) would include the limitation contained in Paragraph II(b)(2) as well, which limits the term of the debt to 40 years. Paragraph V, by its own terms, limits the refunding issue term to that term of the origina.l debt being refunded.
Furthermore, by stating in the opening proviso that the limitations contained in Paragraph II(b) shall apply to the refunding issue and then, in the second sentence specify that only one of those limitations (amount) shall apply may be a source of confusion.
The second sentence needs to be modified to clarify two citations as follows:
"The issuance of any such debt for the purpose of said funding or refunding shall be subject to the 10 percent limitation in Paragraph II(b)(l) of this Section to the same extent as debt incurred under Paragraph I of this Section; provided ... " (clarification underlined)

SELECT CO}~ITTEE LEGISLATIVE OVERVIEW COMMITTEE June 23, 1981 Page 6
The first clarification specifies the provision in which the limitation referenced is contained. The second clarification specifies the proper paragraph under which debt is incurred. It is apparent that debt is not incurred under Paragraph II since Paragraph II(b) states that "no debt mav be incurred under ... Paragraph 1 of this Section or Paragraph V " In any event, Paragraph II provides limitations on the incurrance of debt but does not, by its terms, authorize its incurrance. Paragraph I authorizes the incurrance of debt by the state.
Also, Paragraph V contains a parenthetical statement at line 25, page 14 through line 3, page 15. The staff recommends that this statement be set off by commas rather than parenthesis. Within the parenthetical statement, there needs to be a citation included to the proper provision of the Constitution of 1982. The staff recommends the following changes:
"and the continuing appropriations required to be made under Paragraph lII(a)(l) of this Section shall immediately attach and inure to the benefit ... " (change underlined)
Note that in recommendation number 10 above, it is recommended that continuing appropriations for Paragraph l(a) contracts be inserted.
MJH/mk

. . CO""''''IT'T I: C +-'\ ..... D[ "5:
C.':OHGI: hU!:oUI:C COv[.uNOH CHAIHMAN
%CLL MILLeR LICUTCNANT COVCRNOR
THOMAS B. MURPHY SPE;.Alo<EH, House Of' REt-RCSENTATIVCS
H.C. NICHOLS CHIE" .JUSTice. suPREME COURT
DRASWCLL D. DEEN, JR. CHIEf" JUDCE. counT OF A"PEALS
ARTHUR K, DOLTON ATTORNEY cENeRAL
MARCUS B. CALHOUN SENIOR JUoe.:. SUPCRIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM :Z3H '., THINITV ,.,VENUE ATLAN'TA. GO'''CIA 30334
,,04/,,-:'C,'71 SB

CO ...... ""'I'T'T[C ..... 1: MUCHS:
AL HOLLOWAV !.lNA'TC 'UC!.IOCN'T ""0 T[Mt'onc
.lAC,", CONNeLL ~"L,.."'EJ. "1.0 T[~fO'''[.
HOWARD T. ovcnDV CMAI."MAN. :"C"'ATC JUDICIAHY COM .... I'T'TCr
WAYN[ SNOW, JR. CHAIHMAN. HOU50E JUDICIARY COMMI'TTt.(
FRANK H. EDWARDS S.'I:CfAL COUNSEL
J. RODIN HAHHIS EXECUTive OIRCC.'TOR
MCLVIN D. HILL. JR. AS~ISTANT C)l,ECUTIVE: OlnEC'TO

November 5, 1980

The Honorable George Busbee State Capitol Atlanta, Georgia 30334
!'
Re: Recommendation of Article VII Committee Regarding Local Constitutional Amendments
Dear Governor Busbee:
I expect the Article VII Committee to complete its work when we meet on November 13 to consider final approval of the revision of Article VII, the commentary prepared by staff on the reco~ended changes, and a recommendation regarding local constitutional amendments. The report will be forwarded to the Select Committee on Constitutional Revision following its formal adoption by' the committee.
I understand, however, that a meeting of the Select Committee may be called for the purpose of considering the problem presented by local constitutional amendments before our final report is delivered to the Select Committee. Since the members of the Artjcle VII Committee believe that its recommendation concerning local constitutional amendments should be available to the Select Committee for consideration at its next meeting, I thought it appropriate to present to the Select Committee the recommendation of the Article VII Committee on this subject before the final report of the Article VII Committee is ready for presentation.
The recommended revision of Article VII resolves the problem posed by these types of amendments in part by including two provisions which deal with the bulk of the local amendments which now relate to Article VII. The first will be f9und in Paragraph III(a)(2) of Section I of our revision, pursuant to which counties may be authorized by general or local law to levy and collect business and occupational license fees and license taxes in the unincorporated areas of the counties. This same prOVision will continue in effect as statutory law all existing local constitutional amendmf'nts which authorize counties to levy and collect these taxes. The second provision, which will be found in Section II, reclassifies as statutory law the large number of existing local constitutional amendments dealing with

The 1I0norabl e Geoq;e Bu~bee November 5, 1980 Page Two
exemptions from ad valorem taxation. It also pr~vides for new procedures for granting exemptions from ad valorem taxation. Under thes~ new procedures, future exemptions may be enacted without amending the constitution, and those types of exemptions currently in effect are continued as statutory law.
There would remain, hOl,ever, a number of local constitutional amendments to Article VII which are unaffected by these two new provisions. Our committee is aIJare that the local constitutional amendment problem is one which is not restricted to Article VII, but, indeed, affects several of the other articles of the Georgia Constitution. The Article VII Committee therefore suggests that the new constitution should include a provision which would be applicable to all articles, including Article VII, and which would apply to all local constitutional amendments which are not otherwise provided for in the new constitution. This would be in addition to the two provisions I have noted above.
/"
The Article VIr Committee thus makes the following recommendation to the Select Committee on-Constitutional Revision:
:}. The new constitution should contain a provision to provide in effect as follows:
(a) Except as otherwise provided in the constitution, all existing local constitutional amendments should be continued as local statutory law for a period of four years from the date of the enactment of the new constitution. At the end of the four-year period, they should be automatically repealed. However, specific provisions may be continued in effect by general statutory law or local statutory law.
(b) In addition, future local constitutional amendments should be prohibited.
2. The staff of the Select Committee on Constitutional Revision and the Office of Legislative Counsel at an early date should begin to contact local authorities and local delegations; provide them, to the extent possible. with copies of the local amendments affecting their governmental units; and ask them to determine which existing local constitutional amendments should be continued as local statutory law beyond the fouryear period.
It is believed that the effect of this recommendation would be to remov~ existing and future local constitutional amendments from the
. ,<g).

J

[

The Honorable George Bu!;bee

November 5, 1980

Page Three

constitution, while maintaining the status quo by enacting the existing local constitutional amendments as local statutory law for a period of at least four years. During this four-year period, all local constitutional amendments could be subjected to critical review for the elimination of those which are outdated or otherwise unnecessary.
It is our very strong feeling that the people of Georgia would welcome the elimination from the ballot of local constitutional amendments. I hope that you will find our recommendation on this helpful to the Select Committee in trying to resolve this difficult problem.
Sincerely yours,

.' /dw

1
!

COtJIMIT..T[[ "",[MBERS
GEORGE Sl!5SEC GOVERNOR CHAIRMAN
lELL MILLER LllUl E N"N"T GOVERNOR
THOMAS B MURPHY' SPEAKER. HOUSE OF REPRESENTATIVES
ROBERT H. JORDAN CHIEF JUSTICE. SUPREME CouRT
J. KELLEY QUILLIAN CHIEF JUDGE.. COURT OF APPEALS
ARTH VR K. BOLTON ATTORNEV GENERAL
MARCUS B CALHOUN SENIOR JUOGE. SUPERIOR COURTS

SELECT COMMITTEE ON
CONSTITUTIONAL REVISION
ROOM 23H 47 TRINITy AVENUE ATLANTA. GEORGIA 30334
404/656-7158

COMMITTEES MEMBERS
AL HOLLOW ..... y SlNA1[ PRlSIDEN" PRO lEMPORe
JACK CONNELL SPlAK(R PWO TrMPORE
ROY E BARNES CHAIRMAN. SENATE. JUDICIARY COMMITTEE
WAYNE SNOW. JR CHAIHMAN. 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, LEGISLATIVE OVERVIEW COMMITTEE ON CONSTITUTIONAL REVISION AND SELECT COMMITTEE
Michael J. Henry, Staff Attorney
Incorporation of General Amendments Ratified at 1980 General Election Into the Article VII Committee Proposal
June 24, 1981

There were nine general amendments to the Constitution ratified at the general election of 1980, three of which ambnded Article VII. Since the Article VII 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 these three general amendments into the Committee proposal.
1. Article VII, Section I, Paragraph III was amended by adding at the end thereof a new paragraph reading as follows:
"Notwithstanding anything to the contrary contained in this Paragraph or any other proviSion of this Constitution, the General Assembly may provide by law for the taxation of life insurance companies on the basis of gross direct premiums received within the unincorporated areas of counties. The tax authorized herein may be imposed by the state or by counties or by the state for county purposes as may be provided by law. The General Assembly may further provide by law for the reduction, only upon taxable property within the unincorporated areas of counties, of the ad valorem tax millage rate for county or county school district purposes or for a reduction of such ad valorem tax millage rate for both such purposes in connection with imposing or authorizing the imposition of the tax authorized herein or in connection with prOViding for the distribution of the proceeds derived from the tax authorized herein."

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This amendment authorizes the General Assembly to levy a tax on life insurance companies on the basis of gross direct premiums received within the unincorporated areas of counties. This tax may be a state tax, a county tax or a state tax for county purposes. The General Assembly is authorized to provide for an ad valorem tax millage rate roll back only on taxable property within the unincorporated areas of the county.
The levy of a life insurance premiums tax on insurance companies based on premiums received within the unincorporated area could be accomplished under the proposal. The authority to provide for an ad valorem tax roll back only in the unincorporated areas, however, could not be accomplished under the proposal. Thus, the entirety of this amendment should be placed at Paragraph III(a), subparagraph (3) of Section I of the Article VII Committee proposal.
2. Article VII, Section I, Paragraph IV of the Constitution was amended by striking in their entirety the seventh, fourteenth, and fifteenth unnumbered paragraphs thereof and substituting in lieu thereof new seventh, fourteenth, and fifteenth unnumbered paragraphs, respectively, reading as follows:
"Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $8,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess 'of such maximum amount shall be included a.s net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as
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to whether such owner is entited to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1980.
The homestead of each resident of each independent school district who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $8,000.00 per annum, may be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the governing authority of his city, or with a person designated by the governing authority of his city, giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph a~ will enable the governing authority of such city, or the person designated by the governing authority of such city, to make a determination as towhether such owner is entitled to said exemption. The governing authority of the city, or the person designated by the said governing authority, shall prOVide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners
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actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemptions provided for herein shall apply to all taxable years beginning after December 31, 1980.
The homestead of each resident of each county school district who is 62 years of age or over and who does not have an income from all sources, including the income of all members of the family residing within said homestead, exceeding $8,000.00 per annum, may be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Receiver or Tax Commissioner of his county giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph will enable the Tax Receiver or Tax Commissioner to make a determination as to whether such owner is entitled to said exemption. The Tax Receiver or Tax Commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead vtthin this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1980."
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The incorporation of this amendment would be inconsistent with the Article VII Committee proposal at Article VII, Section II, Paragraph II, Exemptions from taxation of property, which authorizes the General Assembly to exempt property from ad valorem taxation by general law approved by two-thirds of the General Assembly and by a majority of the qualified electors of the State voting in a referendum. Section II, Paragraph IV, Current property tax exemptions preserved, of that proposal continues in effect as statutory law those types of exemptions from ad valorem taxation in effect on June 30, 1983. Therefore, the provisions of this amendment would be carried forward as statutory law under the proposed Constitution. 3. Article VII, Section III, Paragraph I, subparagraph (c) of the
Constitution was amended so as to add immediately following the first paragraph of subparagraph (c) a new paragraph to read as follows:
"In addition to the authority to incur general obligation debt provided for in the foregoing paragraph, general obligation debt may be incurred to provide educational facilities for county and independent school systems and, when the construction of such educational facilities has been completed, the title to such educational facilities shall be vested in the respective local boards of education for which such facilities were constructed."
This amendment could be editorially revised and incorporated in the proposed draft of Article VII at Section IV, Paragraph I, SUbparagraph (d) (page 7); the present subparagraph (d) could be enumerated as subparagraph (e). The staff recommends the following:
Paragraph I(d) "General Obligation debt to provided educational facilities for county and independent school systems and, when the construction of such educational facilities has been completed, the title to such educational facilities shall be vested in the respective local boards of education for which such facilities were constructed.
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