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 10 Czl 11 l- ...oll< Q. Q-~'I ! 14 !i; % 15 .:. "ll< ;:) 16 .~.. oz 17 ::i 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. 25 2 3 4 5 6 7 8 9 10 z" 11 I- 9 ; ;.'oQ"... ! 14 lo-n :z: 15 Q "'":::> 16 ~... Q Z 17 ::; 18 19 20 21 22 23 24 25 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 Czl 11 j: .a'o."... 9-~1 l 14 I'-:"z: 15 .l) Cl :'>" 16 ~ Q z- 17 [; 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. 10 1:1 Z 11 ;:: @;;.oQ'.".. ! 14 lV:r> 15 .l) 1:1 '"::> 16 .~.. Q 17 gZ; 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 Czl 11 j: @1 .'oQ.".. ~12 j ! 14 lV> <{ J: 15 .:. Cl '"::> 16 ~... Q Z " 16 ~... Q Z 17 : 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 Czl 11 ~ handout on Article III? If you don't have one, will you .o0.... ~-_. I12 ~ hold your hand up? Anyone needing a copy of Article III, hold up your 14 ~ hand. I- '" :J: 15 ..:.>, '"::> 16 .~.. Q Z 17 : 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. CzI a..:I11 ~ .'o0."... GOVERNOR BUSBEE: Are you going to make the House and the Senate consistent, or are you just -- REPRESENTATIVE COLLINS: I'll second their motion 14 .~.. ut :' -< J: 15 .) CcrJ: ::> 16 .~.. Q Z -< 17 ~ 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 Czl 11 i= e;1...'o".. ! 14 lV! ::I: 15 ~ Cl '";:) 16 .~.. Q Z J: 15 ~ Cl :'>" 16 ~ Q z 17 ~ 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. 1z:1 11 t- o."o.<". @;~ 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 ! 14 tV> <:z: 15 1:1 0< :> 16 .~.. Q Z < 17 ~ 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 zCI 11 I- l.'o1"... 12 ~ @--I ! 14 lV> :r 15 ~ CI '::"> 16 .~.. Q Z 17 ~ 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 Czl 11 i= .'oQ"... @;i 14 ~ lV> :r 15 ~ Cl '"::l 16 .~.. Q Z 17 : 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. "z 11 j: ..'o."... @);~i 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> : 16 ~ Q z :~z: 15 .l) Cl :":>" 16 ~ Q z 17 ~ 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 .., z 11 ia.oa=..:.. @;i ! 14 ~ ':"r 15 ..:.>, a: ;:) 16 ~... Q Z 17 : 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 13 Z 11 i= .'oQ"... ~ 12 ~ ~r~ ! 14 .I.-. 13 '"::> 16 ~... c Z 16 .~.. Q Z J: 15 o!) CI '"::> 16 ~ Q z 17 : 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 .., z 11 j: IoX Q. w ~1 ~ 12 ~r~ 14 ~ lV'> < J: 15 ..:.>, IX :::l 16 ~ w Q Z < 17 ~ 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 "z 11 i= .'o.".... 9;:j 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- V> :I: 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 Qz 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 Czl 11 t- '.o0".... a~; 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 ! 14 t':z": 15 .:l Cl '"::l 16 ~... Czl 17 : 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 "z 11 j: o".a... ~;I ! 14 ... <:lr: 15 ~ ~ 0< :) 16 .~.. Q Z <:rl: 15 .:. CI '"::l 16 ~... Q Z ... e~~ ! 14 lo-n . @).':j ! 14 1;; : 16 ~... Cl Z :r 15 .:l ~ '";;;) 16 .~.. Q Z 17 :;; 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? Czl 11 ~ .oa... @--12 I~ Hearing none, it's unanimously adopted. Paragraph IX. A VOICE: Moved. 14 ~ lV! :I: 15 ~ Cl '"::> 16 ~... Q Z 17 : 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? zCI 11 i= ".oQ... @);i Hearing none, it's unanimously adopted. Paragraph IV. MR. HILL: No change from the present constitution. ! 14 A VOICE: Move its adoption. I- ':"z: 15 o!) A VOICE: Seconded. CI "::> 16 ~... GOVERNOR BUSBEE: Moved and seconded. Any Q 17 gZ discussion or objection? 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 \:I Z e~r~i11 i= ".oa."... 12 ! 14 t;; < :I: 15 .:. \:I :":>" 16 ~... cz < 17 : 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 z~ 11 ~ o~ ~ ~ @~I ! 14 ~ ~ < ~ 15 ~ ~ ~ ~ 16 ~ ~ Q Z 17 g< 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 III Z 11 I- ..'o".... @);j l 14 I':z": 15 .:> III '"::l 16 .~.. Q Z 17 : 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 zCI .. 11 5 Clerk and the Secretary to sign them now -- if you wanted to .o.. @);j put that in instead of the two presiding officers that would be an official act. ! 14 I:nz: 15 o!) CI :':"> 16 ~... zQ 17 ~ 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 l-' Z 11 ... oa: 0w @);j ! 14 ... ':"z: 15 ~ al-:' ;;) 16 ~ w zQ 17 ~ 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 .."z 11 j: o... @;j 14 ~ lv> :~z: ." 15 .:I => 16 ~... Q Z ~ 17 : 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 CzI 11 j: e ; ;o.'0".-. the regular session on line 25. REPRESENTATIVE LEE: Question. GOVERNOR BUSBEE: Representative Lee. ! 14 REPRESENTATIVE LEE: Does that allude to a term or I- 'x" 15 .:l a session? You know, that's not enforceable really in CI '"::l 16 .~.. practice because the Senate may do something and the House Q Z 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. "z .. 11 i= ...o : 16 ~ Q SENATOR BARNES: As a practical matter, if you want z CJ ~ '" 16 .~.. which is a rule of the House now as all the constitutional provisions are we enacted. REPRESENTATIVE ADAMS: You said you wouldn't Q Z 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 CzI ... 11 j: Ioll: that one. Q. 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 CI Ill: ;) 16 ~... is, they're going to have to redraft it in view of the Cl Z 16 ~ Q z 17 ~< (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. Czl 11 ~ .o'"."". @--I12 ~ 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- 14 ~ ~ ':. ~ 12 ~ ~r~ 14 ~ ~ '<"l :l: 15 ~ "a: :> 16 ~ Q z 15 01) aC:I ~ 16 ~... a Z -< 17 : 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 z~ 11 j: .'o"".". ~ 12 ~ ~J~ ! 14 .to.o. ::I: 15 .:l ~ '"::l 16 .~.. Q 17 gZ 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 "z 11 i= 9 ; ;..'o".... ! 14 I'I." Ca:I ::J 16 z.I.I.I Q Z : 16 .~.. Q Z :r .15 .:l CI ;;) 16 .~.. oz 17 : 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 "z 11 j: c.oa..:.. @);I ! 14 ~ :'z": 15 01) "c: ;;;) 16 ~... Q Z 17 : 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. @ zCl 11 t: iIo..X.... 12 @r~ 14 ~ ~ '<" J: 15 ~ Cl IX :> 16 .~.. Q Z 17 g<; 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. zCI 11 I- @;;..'o..".. 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: 15 ol) CI '"::> 16 ~ Cz- 17 : 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 ..CzI 11 j: further discussion? ..o.... @);~I If not, all those in favor of the amendment say aye. (Ayes. ) ! 14 I'" the present provision and the provision dealing with I- '" :z: . 15 .:l nonjudicial punishment was retained. Cl '";;) 16 ~... LT. GOVERNOR MILLER: Let's cut out the noise over azQ 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? "z 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? I- I:-zIcI: 15 Q MR. HARRIS: For the purpose of preserving and ~ :;) 16 .~.. protecting natural resources, the environment and vital areas Q 17 -Zc : 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 Z 11 i= ..'o".... 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 Ii; :z: 15 ~ this subparagraph which would state that except that 1.7 '";;;) 16 .~.. it would read as follows: az 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. ~ CzI 11 t- 'o" 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 '"" 16 .~.. Does everybody want to vote? Q Z 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 @;;11 i= o.l..i...t 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 '" 16 .~.. General Assembly or to local government officials or to az 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 ' 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: 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"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: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 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 () G Vickie S. Greenberg, Staff Attorney Oaths of Office of Elected Officers of Georgia February 5, 1980 ~ \ "" 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." \. i. \ , \. t 4'" .~; .';" ',; ;)l;;~ 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. VSG/mk ( i~ \ ..'.~ ." \. . " " ' PAGE 1 2 STATE OF GEORGIA 3 4 SELECT COMMITTEE 5 ON 6 CONSTITUTIONAL REVISION 7 8 9 10 I:J Z 11 j: e ~ I.o.Il..l..: MEETING OF 14 ! LEGISLATIVE OVERVIEW COMMITTEE l;; :I: 15 olI I:J Ill: ;:) 16 .~.. azQ 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 .CzJ 11 j: o.D.o. @;~ ! 14 !;; :I: 15 ~ ~ :) 16 .~.. oz 17 = 18 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. "z 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 $ :z: 15 oll for further consideration? ~ :;) 16 ~... Frank Edwards, do you have anything on Number I, zQ 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... @;I Is there any question, any discussion? Is there any objection to the adoption? Any ! 14 I- objection? 'z": 15 otI There is no objection, it's adopted. ~ ;) 16 ;f MR. HILL: Al Holloway, did you want to leave (a) z 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 "z j: about the Speaker Pro Tempore that this be put in the same .Io..I..I. @;i category just as a precuation. LT. GOVERNOR MILLER: Then a motion would be in 14 ~ order. !:;r; 15 oll "III ::;) 16 .~.. Q 17 gZ; 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 z~ 11 ~ o~ objection, it's adopted. w~ ~;~ 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. ~ % 15 ~ Acts signed. ~ ~ 16 ~ oz 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 .o..... @;i regular or special session, and otherwise it is the same as in the present constitution. 14 .~.. '<"l X 15 q "'";;) 16 .~.. o Z 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? :..=.. 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 Z 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 :z: 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 "z 11 j: Ol: motion. .2.. @);i counted. ! 14 t; ~:r 15 Q "Ol: ::;) 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 ':"r: 15 011 1:1 GOVERNOR BUSBEE: Is there discussion? The Chair '";;) 16 .~.. hears none . Q Z 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 5Z 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 ~:z: 15 olI GOVERNOR BUSBEE: There is objection. III Ill: :I 16 .~.. All right. All in favor of the election of the Publi~ Qz 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 "z 11 ;:: ...~ 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;; :" 16 .~.. from seven to four years and a technical change from July the Q Z 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. "z 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? $ :z: 15 011 A VOICE: Seconded. "'"::l 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.) "z 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 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. Czl 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 !;; :z: 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? CzI 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 !...... 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 z j: is not going to happen. I think I can say this is not going 0o: . ~;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 "z ~ '.2".. 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 ol) ~ a compromise. I'm just trying to have the boards to be :::l 16 ~... consistent across the state, not be inconsistent Q Z :J: 15 GOVERNOR BUSBEE: The motion is seconded. Ca:I ;;) 16 ~... All those in -- That's the recommendation of the Q 17 Z g 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 Z 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. I:l '"::l 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 ::I: ..15 ~ on your penciled copy of your handout on this article. ";:) 16 ~... You have this on your handout on Article V. Make Q % 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 . 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- " 16 .~.. would serve the other three years, then he would be eligible 13 Z 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- -:'z": 15 ~ 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;; :: IS oll GOVERNOR BUSBEE: Yes, this is all -- "'";;) 16 ~... REPRESENTATIVE PHILLIPS: I bring up the point in Q Z 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 @j;1"z 11 j: .'lo".l.. 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? '" :I: 15 oll "'";;;) All right. Hearing 16 .~.. just a minute . Q Z 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 1:1 Z 11 .jo~...:.. draft it is what I'm saying. @);~ 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 ~ ::::l 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 "z i= a second? 'o..".... @;~ A VOICE: Seconded. GOVERNOR BUSBEE: It's seconded. Is there objection? ! 14 Hearing none, it's adopted. The staff has that direction~ t; :I: 15 ~ MR. HILL: Paragraph IX relating to rejected '"";;;) 16 ~... appointments by the Governor is similar to the provisions in Q Z 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 "z 11 j: ...oIll: 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: :) 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~ '~:"z: 15 tion, it's not identical. It extends the Governor's authority "~ ;;) 16 .~.. to require information in writing to all other officers and a % 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 "z ~ discussion? 'o..".... If not, is there objection? @j;j adopted. Hearing none, it's 14 ~ SPEAKER BURPHY: wait a minute. You all are carrying ~ '-"< :I: 15 me ol) a little fast here. "'";:) 16 .~.. GOVERNOR BUSBEE: We'll reconsider . Q Z -< 17 ::; 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 .., z 11 j: ..'o".... 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 . az 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 "z 11 i= ..'o.".... 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 Z 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- '" :I: 15 ~ the State School Superintendent, the Comptroller Generel and "'";;) 16 ~... the DA's . Q Z 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 CzI 11 ~ o~ ...... article? @;~ REPRESENTATIVE SNOW: Yes. GOVERNOR BUSBEE: All right. And you say the ! 14 ... Attorney General wants to be in the judicial article? ':~"z: 15 ol) REPRESENTATIVE SNOW: Yes. In other words CI ~ ::l 16 ~... GOVERNOR BUSBEE: The motion is that on Paragraph I, cz ~ 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 CzI j: 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 l- :'z": 15 .:I continue to be funded over under the judicial budget because CI '"::2 16 ~... that's the only place anybody could see the whole picture Q 17 Z ::; 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 Z 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 Z 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. Cl e< ;;;) 16 ~... All right. There is a second. Now discussion Q Z ~ 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 "z ;: <..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 " 16 ~... JUDGE SMITH: First with the School Superintendent Q Z 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 zCJ 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 16 .~.. REPRESENTATIVE LEE: As constitutional officers zc 16 .~.. GOVERNOR BUSBEE: Discussion? Is there objection to Q Z 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 Z-c 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 "z 11 i= .'o.".... @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) \ ....: 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 \ ..... ..: '., ': :,' . 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 \' 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 /'Zi\ 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 - '3 - -- ...,..---.--'---_ -- _- - - ' - . - - . ,.-.-_.'-_.--_.-.,---_._-~ -~'-'--.-.-, .. -::-' ;..:;::.~~~,'-'-."~ - -.. .. -. -:~- ' -,-:-- _.,.-.'- 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 - 6- !~ 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. - I- II - - - - - - - 0 a:> 0- - ~ In '0 ..... OJ 0 -N I"l ~ N N N N N In -0 NN OJ 0NN N 1'"\ .". I{'\ I"l f'" f" 1'"\ '0 ..... OJ 1'"\ I"l t") 0- 0 I"l ~ .". .(--- 11 iJ II' I( :i P Il ,iJ"~ l",; ii! il !I 11!"i:. Ii: ~I1'1 ,"; 1 !! it ,~. rliitt'l ,ii ;".I 'I )1 i;ll 'I 11. il !,j~ III ...... > .U..J. .u........ a: a>:- .<.... U..... Cl ~ -, < . .... a<: x :UzJ :z UJ 0 .....~ .... >- U UJ UazJ: ~ If) < . j .' ... cI> Ql .cI: ~ l' III ... ~ . t !q1 If) .... It, ,- .. ..V..I ..c.. ~ .... 0 i ! 1 "" , .... I dl . fl It I. t ~ III I... Ql ~C ~ 1 i I' OJ 0 t ~ t >- : .i Ql ~ C I It ~ I... 0 j ...... tt ; iI9 " , ., < c I ! I!' III ltl 4 , M Ql .0 I t . '" , .. ..... 1 ~ .nc ........ .IcII VI .IJ I cb .cI: .a> A: t . .t 10 OJ I I... I... "til ., .... T f 0' 10 .Qcl I... d> . ~ .... a10. J) I .!. f ];I III .wdJ .' c1 i I I t j i ~ j f: ttl 0: ~ :Si :iii ..I.. t: I J. t I t f :tl ." ~ 1 of.o ~ 'tl v- I III cI> f.I .IJ J. ..I.. dl '1 " A: t . r...,. 1 ..f... I I .J. I "I" I 21 III dJ ~ 1 I .w ~ II =t: j I I ~ 1i .!. ... ~ l!I ell r~ I- ' f til C1. I )., /.I.:. ...(.....).. :t III ~ d' f ~ If .',r...... f I ..4..J. d; ('J; t ..I.. II: ~ cI> I. .'~ ,II.. j I .,~ .a> I: l I. ~ 4> It .... tI .1l .t..;. I I 1 "f .Jt tfl I 1I t I ~... *...'. :J. t4J "" (J) I I *t' L : !1 l"I" f,' ., 1, t J; . t' ..... :Il ct .t I ....' I II: .f. *'ttl :f. f t t). :II oil ..l....',, ~ t ell til I /I: A: "" t ..t> t II.. dJ ., ~ ~ f .1 .11: ..I.. f "tl 4J I. of.o 1;- t.,, f ~ .,re.ll .I, ,t.,ttl I 4> cI> .. d> :$ f i r, f' I. ..f.>. .,I. t III ... fl. l.J) it , ffi .t ~ :>l:: :z ~ 1 ~ .... 1+ (J) ~ a: (J) I..t.. 01 ~" 't' of.o ~l ..C..J. 'tl j , :J :IJ T> I -t ell l' I ~ lCl f1 t ~ j., l n I. Jl ~ "f" 1, J.t .,"I"I... .., . , I ...... I tt { I I .I.I.I. Ir til d> f .J.... C1. j r t i 1+ .... t II: ttl V ,ttl ~ I T .J... t"'"' ~ l' .L i :Ie til -J. I .,rI- l- -II> I .."*'."."t'. ,.1. t ~ t .w~ "":Il t "C"> 1 f .L f, t ,f I 4J .. 1; .f) t II: .t t.a> )0. .f) I I 1 ,.. f 'tl .d..). It 4> f1 t4>. ill. I J. () I I .t>.. .t :tI. t~ tt 1I l' .t .a> I I :l>.. j., ~ tl -t.>: I .t!. ~ cI> (J) I I I t ""f: :I< , l' :"t I flII: 1"" 111 t f I t ~ L 1> ...!... ttl i t ~ .IJ I IC> j ~ I I 1 "" vt C> .a> I .l..'. () Ii. ..I... t .,, 1 '" ., ., t :tl "" I t 4> 4> ".", .... 1..+l: . .IIl I I I **'' t I t Il. .a> ." I t -f cI> E I II.. of t J< I: I tIJ 'tl I , r. I I I ~, t II: fl ...... 41 ttl I I I -II> .a> "Il. .a> '"II: t ., ,. 1> I .E "" .. :Il '" J! .,Jt ~ i I , 1 r, ~ I t ~ ... i , .... j; t r. :t I ...L.. w 4> 4> -II> 4> *' () t 4J I t~ t f; 1 t cI> :ctrl .~ I I t "4'"J t dl t I ..I.I.. ~ t il ttl ..l: i tJ tJ 1, .... ttl til () Ii :tl vf) I I l- !.r... I I- f I f ....t. III f t I I. :$ dJ ~ ,., 1-, ttl :IJ II: d' "1> I ..I.. f ~ l' 1..:. t"'"' 1!' .a> I ""*Ir"":' t ~ f l, j l"I" ..t> I /I: l fl. ttl 1 II: .t ... *' II: ....t.. III .av> V v I "" .cI: ~. of , l' f ~ ..... IV II t l- 41 .".f.". ~ $ .a:s>., f 41 :I- ..,It I ~ It tt A: :J. II 1 It ....f.. Ih 4> I 4> tb 1 ..I..t.. .a> I ...III cI> .cI: t l' tE fl ., I ~ .I.... I tI. Jl i l' 'lIo 1lI ttl rfl 1: ln " ij 11. -N I"l ~ - - - - - - - - ,... ..... In -0 OJ 0- 0 ...; N 1'1 ~ tn -0 OJ -0- 0 N N N N I"l N ~ N In N -0 N ..... OJ 0- N .N N 0 1'1 - I"l N I"l I"l I"l i"~ H. 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 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, 'z" 11 j: '2" and there is a second. 1M 12 ~ Is there any discussion on it? @rl 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 c:I '"::;) 16 ~... have any objection . We'll start off with the open meetings. zQ 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; fw ~--- I12 ~ in the Senate the ayes are 18, the nays are zero, and the motion to reconsider is lost. ! 14 SENATOR BARNES: ~ ~ 15 ~ ~ understood that. What is our position? I never have ~ ~ ~ 16 ~ GOVERNOR BUSBEE: I think what you have really is a zQ 17 ~ : 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 ::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 :;) 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- ': term of two years, three years, one year or whatever it might ~ :;) 16 ~... be, is that counted as his time in office, or can he run Q :z 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 "z j: '.2".. 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 . azQ 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. '" :I: 15 : MR. HILL: Is there a conference committee chairman r:r: ;:) 16 ~ that wanted to make the report? Senator Starr? zQ 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. ":I:C 16 ~... GOVERNOR BUSBEE: There's no change. This is the Czl 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. "'";:) 16 .~.. That's on page 67 and 68 . zQ 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 @;;11 j: o..'."... 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 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; :.'. 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( :r 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. 0 - 0 Pages 0 - 0 Pages Pages @-@ Pages @-@ Pages @-@ Pages @-@ Pages @-@ Pages @-@ @ Page @ Page @ Pages Pages @-@ Page @ Page Page @-@ @ Page .. 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." MBH/mk .. 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 ..o.... ~ 12~ ~r ~ MEETING OF SELECT COMMITTEE AND ~ 14 LEGISLATIVE OVERVIEW COMMITTEE :II: 15 olI "Ill: ;:) 16 ~... az 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 ~"z 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 "z 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. "z 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 ::I 16 ~... you were here, Mr. Lee, when we did that . lz:l 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. 1z:1 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. :z: 15 : This provision provides that the State may not '":;) 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 "z ir=r: present 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 "C % 15 011 to taxation for public purposes only. That's Paragraph "rr: ~ 16 ~... III(a)(l) . azQ 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 I:J 11 Z j: 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 !;; 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 - !;; 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 :;; : 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; : LT. GOVERNOR MILLER: I put Mr. Barnes, Mr. 16 .~.. az Holloway and Senator Howard . - what the present provision is. t:z;: 15 ~ REPRESENTATIVE BURRUSS: The local governing III Ill: :;) 16 ~ authority cannot exempt the quarter mill. zQ 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 "z 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 "z j: a: a referendum of the people. @;:if... GOVERNOR BUSBEE: Is there a motion? REPRESENTATIVE LEE: Hoved. ~ 14! GOVERNOR BUSBEE: Second? t-c; :I: 15 olI A VOICE: Seconded. "a: ::l 16 .~.. GOVERNOR BUSBEE: Discussion? If not, is there Qz 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 "z 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 . zQ 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 j: ...oIll: 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 . ':z": 15 0:1 GOVERNOR BUSBEE: The motion is made by Representativ~ I-' Ill: ;;) 16 .~.. Pinkston. Is there a second? azQ 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( :I: 15 .:> SENATOR HOLLOWAY: The recommendation was that this c.'J ~ ::> 16 .~.. paragraph (c) I think it is be put over in -- where is it? zQ 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. Czl 11 j: .'o".. 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. Cl :':"> 16 ~ lU MR. HENRY: Probably the state debt provision would zQ 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 "z 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 '" 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? !;; : 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: ::;) 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 "cr: ::3 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. 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 '"<.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[lli 4 (iI l) l'~IeL<' > b t A.-.1I4:~ iI~IIIb-I<>:0I'l>~ :l l~ b ,A~1V..nC~IIIjI ..:;. -l"0:"." .l:c&I'4t.Ir1l I>b<">,:"ll t.,'.4 "1 I.IIb>:I:I:.11ftA.~.~:ttf~III IIbl<" :l;l ltI 1'""Il E tElCt~b IIt>".l.l1CI.E ld l,o-~I.4fdl+II1jI>>i[l;tll:'4C !.A~ ->tffiII1,t.Ill:" l' .'A"I.4 4e :4 d~~I'11II1"><,:. >>>t~"~ .~.~d I&d.I'11III>>>It4 "I.0..1Il> ~11<.t~.1111tC :,)l" ""....f~.IdlI''.I1I"l<,I:.\fh e")~ " "~C'~''- I I""" .i1 s'.l.t..:fCtII.b:l,,l.;':.lI< ".'.4C<.iIIJ b">l.l. .4 ..r-".ICc.fiI11.IId r~.+I.c4~1ft~, I1rt>; I IlI..I,"".....CC& f4&.I't1I1.".,>lll.,:>.t~~. >e.:)tt1,1II'>>l-<-,0l L II.,II.CI 4>'11. 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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-