Constitution of the state of Georgia ratified, August 7, 1945, proclaimed, August 13, 1945 [Jan. 1971]

CONSTITUTION
OF THE
STATE OF GEORGIA
(Compiled January, 1971)
RATIFIED, AUGUST 7, 1 9 4 5 PROCLAIMED, AUGUST 13, 1 9 4 5

Editorial Note: This compilation of the Georgia Constitution does not include amendments which are not gen-
AerratliclweitXhIi1n1.the meaning of Paragraph I. Section I. CONSTITUTION OF THE
STATE OF GEORGIA

TABLE OF CONTENTS Page
LIST O F STATE CONSTITUTIONS .................................. 2

ARTICLE ARTICLE ARTICLE ARTICLE
ARTICLE

I-Bill of R i g h t s 15 ........................................

11-Elective Franchise 19 ................................

111-Legislative Department 21 ......................

IV-Power of General Assembly over Taxation 29 ............................ :.....

V-Executive Department .........................

31

ARTICLE

ARTICLE VII.Finance. Taxation and Public Debt 52 ........................................

ARTICLE

ARTICLE IX-Homesteads and Exemptions. .............. 91

ARTICLE

ARTICLE

XI-Counties and Municipal Corporations 92 ......................................

ARTICLE XII-The Laws of General Operations in Force in t h i s S t a t e 94 ......................

ARTICLE XIII-Amendments t o t h e Constitution 95 .......

ARTICLE XIV-Merit System 96 ........................................

ARTICLE XV-Home

Rule 97 ............................................

ARTICLE XVI-Slum Clearance and Redevelopment 100 ..................................

ARTICLE XVII-Pubslic Transportation of Passengers f o r Hire 100 ........................

CHRONOLOGICAL LIST OF ORGANIC ACTS AND STATE CONSTITUTIONS OF GEORGIA
Charter of the Colony of Georgia, 1732. Grant of George 11, King of Great Britain.
Constitution of 1777. Constitutional Convention, Oct. 1, 1776-Feb. 5, 1777.
Constitution of 1789. Constitutional Convention, Nov. 4-24, 1788; Jan. 4-20, 1789; May 4-6, 1789; May 16, 1795.
Constitution of 1798,
Constitutional Convention, May 8-(30 ?) , 1798,
Coristitution of 1861. Constitutional Convention, Jan. 16-March 23, 1861.
Constitution of 1865. Constitutional Convention, Oct. 25-Nov. 8, 1865.
Constitution of 1868. Constitutional Convention, Dec. 9, 1867-March 11, 1868.
Constitution of 1877. Constitutional Convention, July 11, 1877-August 25, 1877.
Constitution of 1945. Ratified General Election, August 7, 1945; Governor's Proclamation, August 13, 1945.
2

GENERAL CONSTITUTIONAL AMENDMENTS ADOPTED SINCE RATIFICATION OF CONSTITUTION OF 1945
Amendment to Art. VII, Sec. I, Par. 11, sub-par. 1, so a s to authorize the General Assembly to provide for the payment of one hundred thousand dollars ($100;000.00) for bringing in the first commerical oil wells in this State.
Amendment to Par. 4, Sec. 7, of Art. 7 to include therein county boards of education a s having authority t o obtain the loans provided in said paragraph.
RATIFIED NOVEMBER 7, 1950.
Amendment to Par. IV, Sec. IX of Art. VII to provide for the appropriation of funds for highway purposes.
Amendment to Art. VII, Sec. I, Par. 11, Subsec. 3, so as to change the levy of taxes permitted on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, from five (5) mills on each dollar of the value of the property taxable in the State, to one-fourth (lh)mill on each dollar of the value of the property taxable in the State; provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is enacted by the Gen. Assembly for the taxation of the shares of stock of banking corporations and other monied capital coming into competition with such banking corporations, such property may be taxed a t a rate not exceeding five (5) mills on each dollar of the value thereof.
Amendment to Art. VII, Sec. I, Par. 11, so a s to authorize the Gen. Assembly to provide for scholarships to medical students who agree to practice medicine in the State of Georgia, and to authorize the granting of scholarships to various schools and clinics to Physicians and other professional personnel employed a t the Milledgeville State Hospital.
Amendment to Art. V, Sec. I, Par. XV, providing for a period of thirty days after adjournment in which the Governor may approve bills passed by the Gen. Assembly.
Amendment to Art. VII, Sec. I, Par. I, Subpar. 5, so a s to provide that the Gen. Assembly may exercise the power of taxation for the purpose of making provision for the payment of pensions to ex-Confederate soldiers and t o the widows of Confederate soldiers who are unmarried.
Amendment to Par. 4, Sec. I, Art. VII, authorizing the Gen. Assembly to exempt from taxation intangible personal property owned by a trust forming a part of a pension, profit sharing or stock bonus plan exempt from federal income tax under Section 165 (a) of the Federal Internal Revenue Code.

Amendment to Art. VII, Sec. 11, Par. I, by adding a new paragraph so a s to extend to the employees of the State and its subdivisions protection accorded others by the Old Age and Survivors Insurance Program embodied under the Federal Social Security Act and the Federal Insurance Contributions Act.
Amendment striking Par. XV of Sec. VII of Art. I11 in its entirety, and inserting in lieu thereof a new paragraph providing f o r notice of intention to apply for local legislation to be advertised in the newspaper in the locality affected; t o provide for the method of changing term of office or abolishing a n office during the term f o r which a person h a s been elected; and to provide f o r the method of increasing the membership of a n y municipal or county governing authority.
Amendment to Art. 13, Sec. 1, Par. 1, providing for the submission of amendments to the Constitution t h a t affect only a county or counties, municipality or municipalities.
RATIFIED NOVEMBER 4, 1952.
* * * * *
Amendment t o the Constitution so a s to authorize the General Assembly to provide f o r self-government of municipalities.
Amendment t o Article 111, Section IV, Paragraphs I and I11 of the Constitution so a s to provide f o r annual sessions of the General Assembly not to exceed forty (40) days.
Amendment t o Article VII, Section I, Paragraphs IV, of the Constitution of Georgia providing for the exemption of all property owned by religious groups f o r residential purposes and from which no income is derived.
Amendment t o Article VIII of the Constitution adding a new section relating to education.
Amendment to Article VII, Section 11, of the 1945 Constitution of Georgia, so a s to provide that taxation may be exercised for the purpose of paying pensions under a firemen's pension system.
Amendment to the Constitution of the State of Georgia by adding a new Article to be designated Article SVI, Slum Clearance and Redevelopment.
Amendment to the Constitution so a s to provide for a procedure by which a county may remove or increase the limitation of the t a x levy for education.
RATIFIED NOVEMBER 2, 1954.
* * * * *
Amendment to Article VI, Section I1 of the Constitution of Georgia so a s to confer upon the Supreme Court and Court of Appeals Jurisdiction to review by writ of error all final judgments and adjudication rendered by Juvenile Courts.
Amendment to the Constitution so a s to change the method of amending the Constitution.
4

Amendment to Article VI, Section I of the Constitution, authorizing the General Assembly to create traffic courts in and for certain cities.
Aniendinent to the Constitution so as to authorize the General Assembly to consider business pending a t the adjournment of a n y regular sessions a t any later regular session.
Amendment to Article 111, Section XI, Paragraph I of the Constitution, changing certain wording.
Amendment to Article VI, Section XIII, of the Constitution of Georgia, providing t h a t Chief Justice Emeritus and Justices Emeritus of the Supreme Court and Judges Emeritus of the Superior Courts shall be eligible to preside over their respective courts.
Amendment to Article VI, Section 111, Paragraph I of the Constitution fixing the terms of office of the Judges of the Superior Court of the Atlanta Judicial Circuit.
Amendment to the Constitution so a s to provide for the payment of $250,000.00 in connection with the bringing in of the first commercial oil well in this State.
RATIFIED NOVEMBER 20, 1956.
Amendment to Article VII, Section I, Paragraph IV of the Constitution so a s to provide for homestead exemption for certain disabled veterans.
Amendment to Article VII, Section I, Paragraph I1 of the Constitution so a s to provide the Board of Regents of the University System of Georgia with the authority to g r a n t scholarships to qualified students lacking funds to pursue their education.
Amendment to Article VII, Section I, Paragraph I1 of the Constitution so as to authorize State departments and State agencies to disburse State funds to match Federal funds in order to provide qualified employees with graduate or post-graduate educational scholarships, and for use in other Federal Education Programs.
Amendment to Article VII, Section I, Paragraph I1 of the Constitution so a s to authorize the State Board of Education to g r a n t scholarships to citizens of Georgia to study to become teachers.
Amendment to Article VI, Section XIII, Paragraph I1 of the Constitution so as to provide that the Chief Justices Emeritus and Justices Emeritus of the Supreme Court, Justices Emeritus of the Court of Appeals and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court, the Court of Appeals and the Superior Courts.
RATIFIED NOVEMBER 4, 1958.
5

Amendment to the Constitution to provide for the appropriation of motor fuel taxes for highway construction and maintenance purposes in order to provide an adequate system of through highways, rural and post roads and bridges in this State.
Amendment to Article VII, Section VI, Paragraph I ( a ) of the Constitution to establish and clarify provisions for payment of contract obligations authorized by the State Constitution.
Amendment to the Constitution so a s to authorize the General Assembly to provide by law for the granting of State funds to municipalities.
Amendment to the Constitution so a s to change the provisions relating to the millage limitation for the tax levy for education.
Amendment to the Constitution so a s to provide that the General Assembly shall have the power to establish an Industrial Development Commission to make loans available to industrial development agencies to aid them in acquiring and constructing industrial and manufacturing plants and facilities within the State; and to provide that the General Assembly shall have the power to tax to carry out and implement the purposes of the Commission.
Amendment to the Constitution so as to provide for the promotion of agricultural products.
Amendment to the Constitution so as to provide for the payment for taking or damaging private property for public road and street purposes.
Amendment to the Constitution so as to empower the General Assembly to authorize counties to use public funds for school lunch purposes.
Amendment to the Constitution so a s to provide for repayment of medical loans and scholarships by service a t Milledgeville State Hospital.
Amendment to provide for the granting of scholarships to physicians and other personnel for specialized training in the field of mental health.
Amendment to the Constitution so as to authorize the establishment of area schools, including vocational trade schools.
Amendment to the Constitution so a s to authorize counties to purchase liability insurance.
Amendment to the Constitution so a s to authorize the creation of a Brunswick Ports Authority.
Amendment to the Constitution so as to provide for the discipline, including courts-martial and non-judicial punishment, procedures and rules of evidence therefor, for members of the Militia when not in Federal service.
RATIFIED NOVEMBER 8, 1960.

Amendment to Article VII, Section I11 of the Constitution so a s to preserve inviolate freedom from compulsory association a t all levels of public education and to require the General Assembly to provide funds f o r a n adequate education for the citizens of Georgia.
Amendment to Article 111, Section 11, Paragraph I of the Constitution so a s to provide for the composition of the Stake Senate, the manner of election of State Senators, the ratification of the apportionment of the Senate and the election of Senators.
Amendment to Article VII, Section I, Paragraph I of the Constitution so as to authorize the General Assembly to provide for the payment of g r a n t s to counties under certain conditions.
Amendment to Article VII, Section IX of the Constitution so a s to provide for improved appropriations control and to promote economy and efficiency in budget matters.
Amendment to Article V of the Constitution so a s to create the Department of Industry and Trade and to provide f o r a Board of Commissioners for said Department.
Amendment to Article 111, Section IV, Paragraph I11 of the Constitution so a s to furnish the people's elected representatives in the General Assembly sufficient time to study matters relating to the expenditure of public funds.
Amendment to Article VII, Section VII, Paragraph I of the Constitution so a s to allow any county or municipality in this State to borrow the necessary funds to defray the cost of property valuation and equalization programs for ad valorem tax purposes.
Amendment to Article VII, Section I, Paragraph I1 of the Constitution so a s to provide for repayment of medical loans and scholarships by service a t any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections.
Amendment to Article XVI of the Constitution so a s to allow counties to undertake and carry out a slum clearance and redevelo~ment program.
Amendment to Article V, Section I, Paragraph XV of the Constitution so a s to provide for the General Assembly enacting legislation over the Governor's veto.
RATIFIED NOVEMBER 6, 1962.
Amendment to the Constitution so a s to create a new State Highway Board and a Director of the State Highway Department.
Amendment to the Constitution so a s to authorize the General Assembly to provide by law f o r the creation of a State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses in the paramedical, professional or educational fields.
Amendment to the Constitution so a s to provide more democratic provisions f o r the merger, consolidation and division of counties.
7

Amendment to the Constitution so as to authorize the General Assembly to provide by law for a program of guaranteed student loans and for the payment of interest on student loans for higher education and to create a n entity for administering such program.
Amendment to the Constitution so a s to authorize the General Assembly to provide for loans or scholarships to dental students.
Amendment to the Constitution so as to authorize the General Assembly to enact legislation to insure continuity of State and local governmental operations in periods of emergency resulting from disasters caused by enemy attack.
Amendment to the Constitution so a s to authorize county boards of education to expend educational funds f o r the purpose of providing Workmen's Compensation.
Amendment to the Constitution so as to provide that the Legislature shall be authorized to enact legislation treating any and all motor vehicles including trailers, a s a separate class from other classes of tangible property for ad valorem property tax purposes, and to adopt different rates, methods or assessment dates f o r the taxation of such property, and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their f a i r share of ad valorem taxes on said motor vehicles.
Amendment to the Constitution so a s to provide for increased homestead exemption for certain persons sixty-five (65) years of age or over.
Amendment to the Constitution so a s to provide that credit for service a t Milledgeville State Hospital, or a t any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections which is applicable f o r the repayment of medical loans or scholarships shall be retroactive.
Amendment to the Constitution so a s to provide that the General Assembly may authorize the governing authorities of the counties of this State to assess and collect license fees and taxes upon businesses located in the county outside the limits of any incorporated municipality.
Amendment to the Constitution so a s to extend the homestead exemption for disabled veterans to those veterans suffering from paraplegia or permanent paralysis resulting from multiple sclerosis.
RATIFIED NOVEMBER 3, 1964.
Amendment to the Constitution so a s to authorize establishment of area schools and area school districts by local referendum including special schools such a s vocational trade schools, schools for exceptional children, and schools for adult education, and for their organization, management, financing; and to authorize contracts between boards of education and expenditure of school t a x funds f o r public education purposes; and to preserve special schools heretofore established.
8

Amendment to the Constitution so a s to provide for the payment for taking or damaging private property for public road and street purposes, in order to authorize the state to require the removal of existing outdoor advertising and the removal or screening of existing outdoor junk yards or other installations interfering with the natural beauty of the highway and surrounding landscape, so a s to prevent the loss of large sums of Federal money.
Amendment to the Constitution so a s to authorize the General Assembly to appropriate funds to any State department or other State agency f o r the purpose of being used to obtain funds from the Federal Government for educational scholarships, educational loans and other educational purposes and to authorize such State departments and other State agencies to use the funds so appropriated and the funds received from the Federal Government for the purposes authorized and directed by the Federal Government in making such funds available.
Amendment to the Constitution so a s to require notice of candidacy for write-in candidates.
Amendment to the Constitution so a s to provide a method whereby the manner of electing or appointing members of county boards of education and county school superintendents, their term of office, residence requirements, method of filling vacancies, and the number of members on county boards, may be changed by local or special law and local referendum thereon, and their qualifications, powers, duties and compensation be a s provided by law.
Amendment to the Constitution so a s to authorize the General Assembly to provide for the exemption from taxation of all facilities installed f o r the primary purpose of reducing air or water pollution.
Amendment to the Constitution so a s to allow the General Assembly to set different residence requirements for persons to be eligible to vote in national elections and State elections.
Amendment to the Constitution so a s to provide home rule for counties.
Amendment to the Constitution so as to authorize the Department of Industry and Trade to participate in the operation of certain facilities f o r the promotion of tourism i n the State of Georgia.
Amendment to the Constitution so a s to authorize the General Assembly to provide by law for the indemnification with respect to death, personal injury or property damage sustained in preventing the commission of a crime against the person o r property of another, in apprehending a criminal, or in materially assisting a peace officer in prevention of a crime or apprehension of a criminal.
Amendment to the Constitution so a s to authorize the State Board of Vocational Education to accept and dispense Federal funds in accordance with the terms of the g r a n t of such funds including disbursement thereof to non-profit corporations or associations engaged solely in vocational rehabilitation work.

Amendment to the Constitution so a s to declare public transportation of passengers f o r hire to be a n essential governmental function and a public purpose f o r which the power t o taxation of this State may be exercised and its public funds expended.
Amendment to the Constitution so a s t o provide t h a t service a t Gracewood State School and Hospital or a n y other facility operated by or under the jurisdiction of the State Department of Public Health shall be applicable service f o r t h e repayment of medical loans and scholarships and t h a t such service shall be retroactive.
Amendment t o the Constitution so a s to change the provisions relati n g t o the powers of county governments.
Amendment to the Constitution so a s to change the provisions relating to the powers of county governments.
Amendment to the Constitution so a s to provide t h a t superior court judges shall be elected only by the electors residing in the circuit in which the superior court judge is to serve.
Amendment to the Constitution so a s to provide t h a t solicitors general shall be elected only by the electors residing i n the circuit in which the solicitor general is to serve.
R A T I F I E D NOVEMBER 8, 1966.
*****
Amendment to the Constitution to provide t h a t the Lieutenant Governor-Elect shall succeed to t h e Governorship in the event of the death of the Governor-Elect.
Amendment to the Constitution to provide for a runoff election f o r Governor in the event no candidate received a majority of the votes cast in the general election.
Amendment t o the Constitution to provide f o r the apportionment of the Senate.
Amendment to the Constitution to authorize the expenditure of S t a t e funds f o r school lunch purposes.
Amendment to the Constitution to provide t h a t the Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor shall be elected in the same manner a s the Governor and the procedures relating t o the election of t h e Governor shall apply t o said officers and to provide t h a t in t h e event of the death or withdrawal of a n y person elected to a n y such office prior to his taking office the Governor shall be authorized to fill such office.
Amendment to the Constitution to change the name and designation of the office of solicitor general t o district attorney.
Amendment to the Constitution to authorize the General Assembly to provide by law for a program to grant scholarships or other assistance to the children of l a w enforcement officers, firemen and prison guards, who a r e permanently disabled or killed in the line of duty, to enable such children to acquire a n education beyond the twelfth grade, or to enable such children to attend a vocational-technical school.

Amendment to the Constitution to authorize the General Assembly to provide by law for the issuance of revenue bonds f o r the purpose of making direct loans to students in order to allow such students to acquire an education beyond the twelfth grade.
Amendment to the Constitution to extend the homestead exemption for disabled veterans to those veterans suffering from loss, or loss of use, of both lower extremities, such a s t o preclude locomotion without the aid of braces, crutches, canes o r a wheelchair.
Amendment to the Constitution to increase t h e amount of loans and scholarships for medical students and to change the provisions relative to the repayment of such loans and scholarships, the State Medical Education Board and the secretary of said Board.
Amendment to the Constitution to provide for a n exemption of $4,000.00 from all State and county ad valorem taxes on the homestead of owners sixty-five (65) years of age o r older whose net income a s defined by Georgia law for income tax purposes when added to that of his spouse does not exceed $4,000.00 f o r the immediately preceding taxable year.
Amendment to the Constitution to authorize the General Assembly to provide by law f o r reimbursing the employees of the Game and Fish Commission who received a retroactive pay raise in 1966 and were subsequently required to remit the amount of said raise to the State Treasurer.
Amendment to the Constitution to authorize t h e Department of Industry and Trade, in order to make Georgia competitive with other states in securing new business, industry and tourism, to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting a t the request of the Department to discuss the location or development of new business, industry o r tourism within the State and provide that all such expenditures shall be verified by vouchers showing the date, place, purpose and persons for whom such expenditures were made, and further provide that the State Auditor shall conduct a n audit of such expenditures a t least every six months.
Amendment to the Constitution to provide that the General Assembly may submit for ratification proposals to provide f o r a new Constitution as well as to submit proposed amendments to the Constitution and to provide that such proposals may not be vetoed by the Governor.
Amendment to the Constitution to authorize the General Assembly to provide t h a t programs for the promotion of agricultural products including provisions for quality and/or product control may be instituted, continued or terminated in accordance with the results of a referendum conducted among the producers of the product or products affected and to provide that the General Assembly may delegate to instrumentalities, public corporations, authorities and commissions created by it the right to impose, raise, lower or repeal assessments, fees or other charges upon the sale o r processing of affected products and to collect the same after approval by the producers of such products in a referendum.

Amendment to the Constitution to provide that the General Assembly may create Development Authorities or authorize any county or municipal corporation or combinations thereof to create Development Authorities and authorize such authorities to issue revenue obligations for the purpose of developing industry, trade and employment opportunities.
Amendment to the Constitution to remove the provisions freezing civil service preference f o r honorably discharged veterans of the State of Georgia as of a certain date, and to authorize the General Assembly to accord such veterans preference, point or otherwise, in any civil service program established in the state government or any political subdivision thereof.
Amendment to the Constitution to authorize the General Assembly to provide by law for the creation of a n actuarially sound, participation retirement system for all employees of public schools who are not covered by the Teachers' Retirement System, including, but not limited to, school bus drivers, school lunchroom personnel, school maintenance personnel and school custodial personnel, and for the expenditure of State funds and the funds of county and independent boards of education for the support of said retirement system.
Amendment to the Constitution to authorize the General Assembly, in its discretion, to create a new court or system of courts in and f o r each city of this State having a population of more than 300,000 according to the United States Decennial Census of 1960, and any future such United States Census; and to provide jurisdiction of such court o r system of courts.
R A T I F I E D NOVEMBER 5, 1968.
Amendment to the Constitution to provide that, unless otherwise provided by the amendment, a n amendment to the Constitution shall become effective on the first day of J a n u a r y following its ratification.
Amendment to the Constitution to authorize the General Assembly to provide by law that all personal clothing and effects, household furniture, furnishings, equipment, appliances and other personal property used within the home shall be exempt from all ad valorem taxation; and to further authorize the General Assembly to provide by law t h a t all tools and implements of trade of manual laborers and domestic animals shall be exempt from State, county, municipal and school district ad valorem taxes, in a n amount not to exceed $300.00 in actual value.
Amendment to the Constitution to increase the homestead exemption for disabled veterans who have been disabled a s a result of service in the armed forces, due to loss, or loss of use, of both lower extremities, such a s to preclude locomotion without the aid of braces, crutches, canes, or a wheel chair, or blindness in both eyes, having only light perception, plus loss or loss of use of one lower extremity, o r due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of

balance or propulsion a s to preclude locomotion without resort to a wheelchair.
Amendment to the Constitution to authorize the General Assembly to provide by law f o r g r a n t s or scholarships t o citizens of Georgia who a r e students attending colleges or universities which a r e not branches of the University System of Georgia, and t o authorize the General Assembly to provide the procedures for making such grants or scholarships and to provide appropriations for such purposes.
Amendment to the Constitution to provide that the exemptions granted to the homestead shall extend to and apply to those properties, the legal title to which is vested in one or more owners, an administrator, executor or trustee, if such exemptions a r e claimed by one or more owners, heirs or beneficiaries who reside on such property.
Amendment to the Constitution to authorize the General Assembly to provide by law, from time t o time, f o r t h e increase of retirement or pension benefits of retired persons who retired pursuant t o a n y retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law, and to authorize the General Assembly to appropriate funds for such purpose.
RATIFIED NOVEMBER 3, 1970.

Governor's No. 34 House Resolution No. 11
A RESOLUTION
Proposing ( a s one single amendment) to amend the Constitution of the State of Georgia of 1877 and all amendments thereof, by striking in their entirety Article I (Bill of Rights), Article I1 (Elective Franchise), Article 111 (Legislative Department), Article I V (Power of the General Assembly Over Taxation), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation, and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (Counties and County Officers), Article XI1 (The Laws of General Operation in Force in This State), Article XI11 (Amendments to the Constitution), and by inserting in lieu thereof, after the Preamble of the Constitution of the State of Georgia of 1877, new Articles a s follows: Article I (Bill of Rights), Article I1 (Elective Franchise), Article 111 (Legislative Department), Article IV (Public Utilities, Eminent Domain, Police Power, Insurance Companies, Contracts, etc.), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (Counties and Municipal Corporations), Article XI1 (The Laws of Georgia Operation in Force in This State), Article XI11 (Amendments to the Constitution), Article XIV (Merit System), and Article XV (Home Rule) : and t o provide f o r t h e submission of the Amendment so proposed a s one Amendment t o the qualified voters of t h e S t a t e of Georgia for ratification or rejection a t the General Election to be held in August, 1945.
WHEREAS, t h e purpose of this single amendment is to coordinate the proposed substantial principles of organic law into one subject matter of the Constitution: i t being: imvracticable otherwise t h a n in one subject matter and one amendment i o perfect the rearrangement sought; and to render unnecessary the evil consequences of a portion by portion adoption or rejection which would in case of adoption of some portions and rejection of others result in a Constitution lacking correlation.
NOW THEREFORE, BE I T RESOLVED BY T H E GENERAL ASSEMBLY OF GEORGIA:
Section One
T h a t the Constitution of the State of Georgia of 1877 and all Amendments thereof appearing after the Preamble, be and it is, hereby proposed to be amended as one single amendment by striking therefrom in their entirety Article I (Bill of Rights), Article I1 (Elective Franchise), Article 111 (Legislative Department), Article I V (Power of the General Assembly Over Taxation), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation, and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (Counties and Countv Officers). Article XI1 (The Laws of General operation in Force in This state), Article XIII (Amendments to the Constitution), and inserting in lieu thereof new Articles Numbers I through XV' inclusive, so tLat when so amended, the Constitution of the State of Georgia of 1877 shall read, beginning with the Preamble, as follows:

CONSTITUTION OF THE STATE OF GEORGIA
PREAMBLE
To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of liberty, we, the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.
ARTICLE I. BILLOF RIGHTS
Paragraph I. Origin and Foundation of Government. All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and a t all times, amenable to them.
Paragraph 11. Protection the D u t y of Government. Protection to person and property is the paramount duty of government, and shall be impartial and complete.
Paragraph 111. L i f e , Liberty, and Property. No person shall be deprived of life, liberty, or property, except by due process of law.
Paragraph IV. R i g h t t o the Courts. No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both.
Paragraph V. B e n e f i t of Counsel; Accusation; L i s t of W i t n e s s e s ; Compulsory Process; Trial by Jury. Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished, on demand, with a copy of the accusation, and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process to obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him; and shall have a public and speedy trial by an impartial jury.
Paragraph VI. Crimination of Self N o t Compelled. No person shall be compelled to g-ive testimony tendin-g in any manner to criminate himself:
Paragraph VII. Banishment and Whipping as Punishment for Crime. Neither banishment beyond the limits of the State, nor whipping, a s a punishment for crime, shall be allowed.
Paragraph VIII. Jeopardy of L i f e or Liberty More T h a n Once Forbidden. No person shall be put in jeopardy of life or liberty more than once for the same offense, save on his, or her own motion for a new trial after conviction, or in case of mistrial.

Art. 1, Sec. 1, Par. 9
Paragraph IX. Bail; F i n e s ; P u n i s h m e n t ; A r r e s t , Abuse of Prisoners. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison.
Paragraph X. Costs. No person shall be compelled to pay costs except after conviction on final trial.
Paragraph XI. Habeas Corpus. The writ of Habeas Corpus shall not be suspended.
Paragraph XII. Freedom of Conscience. All men have the natural and inalienable right to worship God, each according to the dictates of his own conscience, and no human authority should, in any case, control or interfere with such right of conscience.
Paragraph XIII. Religious Opinions; Liberty o f Conscience. No inhabitant of this State shall be molested in person or property, or prohibited from holding any public office, or trust, on account of his religious opinions; but the right of liberty of conscience shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State.
Paragraph XIV. Appropriations to Churches, Sects, Etc., Forbidden. No money shall ever be taken from the public Treasury, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution.
Paragraph XV. Liberty o f Speech or o f the Press Guaranteed. No law shall ever be passed to curtail, or restrain the liberty of speech, or of the press; any person may speak, write and publish his sentiments, on all subjects, being responsible for the abuse of that liberty.
Paragraph XVI. Searches, Seizures, and W a r r a n t s . The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath, or affirmation, particularly describing the place, or places, to be searched, and the persons or things to be seized.
Paragraph XVII. Slavery and Involuntary Servitude. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof.
Paragraph XVIII. S t a t u s of t h e Citizen. The social status of the citizen shall never be the subject of legislation.
Paragraph XIX. Civil A u t h o r i t y Superior to Military. The civil authority shall be superior to the military, and no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except by the civil magistrate, in such manner as may be provided by law.
Paragraph XX. Contempts. The power of the Courts to punish for contempt shall be limited by legislative acts.
16

Art. 1, Sec. 1, Par. 21
Paragraph XXI. Imprisonment for Debt. There shall be no imprisonment for debt.
Paragraph XXII. Arms, Right to Keep and Bear. The right of the people to keep and bear arms, shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.
Paragraph XXIII. Legislative, Judicial, and Executive Powers, Separate. The legislative, judicial, and executive powers shall forever remain separate and distinct, and no person discharging the duties of one, shall, a t the same time, exercise the functions of either of the others, except as herein provided.
Paragraph XXIV. Right to Assemble and Petition. The people have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance.
Paragraph XXV. Citizens, Protection of. All citizens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges and immunities due to such citizenship.
Paragraph I. Libel; Jury in Criminal Cases; New Trials. In all prosecutions or indictments for libel the truth may be given in evidence; and the jury in all criminal cases, shall be the judges of the law and the facts. The power of the judges to grant new trials in case of conviction is preserved.
[Editorial note: See Art. VII, Sec. 11, for amendment on highway beautification.]
Paragraph 11. Treason. Treason against the State of Georgia, shall consist in levying war against her; adhering to her enemies; giving them aid and comfort. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or confession in open court.
Paragraph 111. Conviction, E f f e c t of. No conviction shall work corruption of blood, or forfeiture of estate.
Paragraph IV. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws.
Paragraph V. Lobbying; Penalties. Lobbying is declared to be a crime, and the General Assembly shall enforce this provision by suitable penalties.
Paragraph VI. Fraud; Concealment of Property. The General Assembly shall have the power to provide for the punishment of fraud; and, shall provide by law, for reaching property of the debtor concealed from the creditor.
17

Art. 1, Sec. 3, Par. 1
SECTION111.
Paragraph I. Private Ways; Just Compensation. In case of necessity, private ways may be granted upon just compensation being first paid by the applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid, except that when private property is taken or damaged for public road and street purposes by the State and the counties and the municipalities of the State, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law, but such just and adequate compensation shall then be paid in preference to all other obligations except bonded indebtedness. The General Assembly may by law require the condemnor to make prepayment against adequate compensation as a condition precedent to the evercise of the right of eminent domain and provide for the disbursement of the same to the end that the rights and equities of the property owner, lein holders, and the State and its subdivisions may be protected.
Paragraph 11. Attainder; E x Post Facto and Retroaction Laws, Etc. No bill of attainder, ex post facto law, retroactive law, or law impairing the obligation of contracts, or making irrevocable grant of special privileges or immunities, shall be passed.
Paragraph 111. Revocation of Tax Exemptions. All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void.
SECTIONIV.
Paragraph I. General Laws; Uniform Operation; How Varied. Laws of a general nature shall have uniform operation throughout the State, and no special law shall be enacted in any case for which provision has been made by an existing general law. No general law affecting private rights, shall be varied in any particular case, by special legislation, except with the free consent, in writing, of all persons to be affected thereby; and no person under legal disability to contract, is capable of such consent.
[Editorial note: That portion of Paragraph I beginning with the word "except" and continuing to the end of the paragraph was added by an amendment ratified on November 8. 1960.1
Paragraph 11. What Acts Void. Legislative acts in violation of this Constitution, or the Constitution of the United States, are void, and the Judiciary shall so declare them.
Paragraph I. State Rights. The people of this State have the inherent, sole and exclusive right to regulating their internal government, and the police thereof, and of altering and abolishing their Constitution whenever it may be necessary to their safety and happiness.
Paragraph 11. Enumeration of Rights Not Denial of Others. The enumeration of rights herein contained a s a part of this Con-

Art. 1. Sec. 5. Par. 2
stitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed.
SECTIONVI.
Paragraph I. Tidewater Titles Confirmed. The Act of the General Assembly approved December 16, 1902, which extends the title of ownership of lands abutting on tidal water to low water mark is hereby ratified and confirmed.
ARTICLE 11. ELECTIVEFRANCHISE
SECTIONI.
Paragraph I. Elections b g Ballot; Registration of Voters. Elections by the people shall be by ballot, and only those persons shall be allowed to vote who have been first registered in accordance with the requirements of law.
Paragraph 11. Who Shall Be An Elector Entitled to Register and I'ote. Every citizen of this State who is a citizen of the United States, eighteen years old or upwards, not laboring under any of the disabilities named in this Article, and possessing the qualifications provided by it, shall be an elector and entitled to register and vote a t any election by the people: Provided, that no soldier, sailor or marine in the n~ilitaryor naval services of the United States shall acquire the rights of an elector by reason of being stationed on duty in this State.
Paragraph 111. Who Entitled to Register and Vote. To entitle a l>erson to register and vote a t any election by the people, he shall have resided in the State a t least one year immediately preceding the election in which he seeks to vote and in the county in which he offers to vote in such election a t least six (6) months immediately preceding such election, except that the General Assembly may provide, by general law, shorter periods of State and county residence for persons to register and vote for presidential and vice-presidential electors when such persons are not eligible to vote for them elsewhere, and may provide, by general law, shorter periods of county residence for persons to register and vote for Governor and Lieutenant Governor when such persons are not eligible to vote for them elsewhere.
[Editorial note: Paragraph 111 was altered by an amendment ratified Nov. 8 ,
1066.1
Paragraph IV. Qualifications of Electors. Every citizen of this State shall be entitled to register a s an elector, and to vote in all elections in said State, who is not disqualified under the provisions of Section I1 of Article I1 of this Constitution, and who possesses the qualifications prescribed in Paragraphs I1 and I11 of this Section or who will possess them a t the date of the election occurring next after his registration, and who in addition thereto comes within either of the classes provided for in the two following subdivisions of this paragraph.

Art. 2, Sec. 1, P a r . 4
1. All persons who a r e of good character and understand the duties and obligations of citizenship under a republican form of government; 01,
2. All persons who can correctly read in the English language a n y paragraph of the Constitution of the United States o r of this State and correctly write the same in the English language when read to them by any of the registrars, and all persons who solely because of physical disability are unable to comply with the above requirements but who can understand and give a reasonable interpretation of any paragraph of the Constitution of the United States o r of this State t h a t may be read to them by any of the registrars.
Paragraph V. Appeal From Decision of Registrars. Any person to whom the right of registration is denied by the registrars upon the ground that he lacks the qualifications set forth in the two subdivisions of Paragraph I V shall have the right to take an appeal, and any citizen may enter an appeal from the decision of the registrars allowing any person to register under said subdivisions. All appeals must be filed in writing with the registrars within ten days from the date of the decision complained of and shall be returned by the registrars to the office of the clerk of t h e superior court to be tried as other appeals.
Paragraph VI. Judgment of Force Pending Appeal. Pending a n appeal and until the final decision of the case, the judgment of the registrars shall remain in full force.
Paragraph I. Registration of Electors; Who Disfranchised. The General Assembly may provide, from time to time, for the registration of all electors, but t h e following classes of persons shall not be permitted to register, vote or hold any office, or appointment of honor, or trust in this State, to-wit: 1st. Those who shall have been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malfeasance in office, bribery or larceny, or of a n y crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, unless such persons shall have been pardoned. 2nd. Idiots and insane persons.
Paragraph I. Privilege of Electors from Arrest. Electors shall, in all cases, except f o r treason, felony, larceny, and breach of t h e peace, be privileged from a r r e s t during their attendance on elections, and in going to and returning from the same.
Paragraph I. Holder of Public Funds. No person who is t h e holder of any public money, contrary to law, shall be eligible to a n y office in this State until the same is accounted for and paid into the Treasury.

Art. 2, Sec. 5, Par. 1
Paragraph I. Sale of Liquors on Ebction Days. The General Assembly shall by law forbid the sale of intoxicating drinks in this State or any political subdivision thereof on all. days for the holding of any election in the area in which such election is held and prescribe punishment for any violation of the same.
SECTIONVI.
Paragraph I. Returns Made to Whom. Returns of election for all civil officers elected by the people, who are to be commissioned by the Governor, and also for members of the General Assembly, shall be made to the Secretary of State, unless otherwise provided by law.
SECTIONVII.
Paragraph I. Write-In Votes. No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of candidacy was given twenty or more days prior to the election by the person to be a write-in candidate, or by some other person or group of persons qualified to vote in the subject election, a s follows: In a state general election, to the Secretary of State and by publication in a paper of general circulation in the state; in a general election of county officers, to the ordinary of the county in which he is to be a candidate and by publication in the official organ of the same county; in a municipal general election, to the mayor or similar officer thereof and by publication in the official gazette of the municipality holding the election. The General Assembly may enact other reasonable regulations and require compliance therewith as a condition of eligibility to hold office in this State.
[Editorial note: Section VII was added by an amendment ratified Nov. 8, 1966.1
ARTICLE 111. LEGISLATIVDE EPARTMENT
Paragraph I. Power Vested in General Assembly. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and House of Representatives.
Paragraph I. Apportionment of Senate. The Senate shall consist of not less than fifty-four and not more than fifty-six members. Each Senator shall be elected from and represent one Senatorial District. The General Assembly may create, rearrange and change Senatorial Districts as it deems proper, except that each Senatorial District shall be composed of one or more counties, or may be composed of a portion of one county, but not otherwise. The apportionment of the

Art. 3, Sec. 2, Par. 1
Senate shall be changed by the General Assembly, if necessary, after each United States decennial census becomes official.
[Editorial note: This paragraph was amended in 1962 and 1968.1
Paragraph I. Number of Representatives. The House of Representatives shall consist of representatives apportioned among the several counties of the State a s follows: To the eight counties having the largest population, three representatives each; to the thirty counties having the next largest population, two representatives each; and to the remaining counties, one representative each.
[Editorial note: This paragraph was amended t o read as quoted here by an amendment ratified Nov. 2, 1954.1
Paragraph 11. Apportionment Changed, How. The above apportionment shall be changed by the General Assembly a t its first session after each census taken by the United States Government in accordance with the provisions of Paragraph I of Section I1 of this article.
SECTIONIV.
Paragraph I. Term of Members. The members of the General Assembly shall be elected for two years, and shall serve until the time fixed by law for the convening of the General Assembly in the year following the second year of such member's term of office.
[Editorial note: This paragraph was changed by an amendment ratified on Nov. 6, 1962.1
Paragraph 11. Election, When. The first election for members of the General Assembly, under this Constitution shall take place on Tuesday after the first Monday in November, 1946, and subsequent elections biennially, on that day, until the day of election in changed by law.
Paragraph 111. Meeting; time limit; adjournment. The General Assembly shall meet in regular session on the second Monday in January, 1963, and every odd-numbered year thereafter, for no longer than twelve days to organize, to receive the proposed General Appropriations Bill, and to attend to other matters, and reconvene on the second Monday in February of each odd-numbered year for no longer than thirty-three days. The General Assembly shall meet in regular session on the second Monday in January, 1964, and in every even-numbered year thereafter. By concurrent resolution adopted by a majority of members elected to both Houses of the General Assembly, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session, but shall remain in regular session no longer than forty-five days in the aggregate in odd-numbered years, and no longer than forty days, in the aggregate in even-numbered years during the terms for which members were elected. All business pending in the Senate or House a t the adjournment of any regular session may be considered a t any
22

Art. 3, Sec. 4, Par. 3
regular session of the same General Assembly, as if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene.the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected to the Senate and the House of Representatives a s provided in Article V, Section I, Paragraph XI1 of this Constitution. If any impeachment trial is pending a t the end of any regular or extraordinary session, the Senate may continue in session until such trial is com~leted.
[Editorial note: This paragraph was changed by amendments ratified on Nov. 6 . 1 9 5 6 , and Nov. 6. 1962.1
Paragraph IV. Quorum. A majority of each House shall constitute a quorum to transact business; but a smaller number may adjourn from day to day and compel the presence of its absent members, as each House may provide.
Paragraph V. Oath of Members. Each Senator and Representative, before t2king his seat shall take the following oath, or affirmation, to-wit: I 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."
Paragraph VI. Eligibility; Appointments Forbidden. No person holding a military commission, or other appointment, or office, having any emolument, or compensation annexed thereto, under this State, or the United States, or either of them except Justices of the Peace and officers of the militia, nor any defaulter for public money, or for any legal taxes required of him shall have a seat in either house; nor shall any Senator, or Representative, after his qualification as such, be elected by the General Assembly, or appointed by the Governor, either with or without the advice and consent of the Senate, to any office or appointment having any emolument annexed thereto, during the time for which he shall have been elected, unless he shall first resign his seat, provided, however, that during the term for which he was elected no Senator or Representative shall be appointed to any civil office which has been created during such term.
Paragraph VII. Removal From District or County, Effect of. The seat of a member of either house shall be vacated on his removal from the district or county from which he was elected.
Paragraph I. Qualifications of Senators. The Senators shall be citizens of the United States, who have attained the age of twentyfive years, and who shall have been citizens of this State for four years, and for one year residents of the district from which elected.
Paragraph 11. President. The presiding officer of the Senate shall be styled the President of the Senate. A President Pro Tempore shall be elected viva voce from the Senators and shall act in case of

Art. 3, Sec. 5, Par. 2
the deaths, resignation or disability of the President, or in the event of his succession to the executive power.
Paragraph 111. Impeachments. The Senate shall have the sole power to try impeachments.
Paragraph IV. Trial of Impeachments. When sitting for that purpose, the members shall be on oath, or affirmation, and shall be presided over by the Chief Justice or the Presiding Justice of the Supreme Court. Should the Chief Justice be disqualified, the Senate shall select a Justice of the Supreme Court to preside. No person shall be convicted without concurrence of two-thirds of the members present.
Paragraph V. J u d g m e n t s in Impeachments. Judgments, in cases of impeachment, shall not extend further than removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, within this State; but the party convicted shall nevertheless, be liable, and subject, to indictment, trial, judgment, and punishment, according to law.
SECTIONVI.
Paragraph I. Qualifications o f Representatives. The Representatives shall be citizens of the United States who have attained the age of twenty-one years and who shall have been citizens of this State for two years, and for one year residents of the counties from which elected.
Paragraph 11. Speaker. The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected viva voce from the body.
Paragraph 111. Power to Impeach. The House of Representatives shall have the sole power to vote impeachment charges against all persons who shall have been or may be in office.
SECTIONVII.
Paragraph I. Election, Returns, Etc.; Disorderly Conduct. Each House shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of two-thirds of the House to which he belongs.
Paragraph 11. Contempts, H o w Punished. Each House may punish by imprisonment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt, by any disorderly behavior in its presence, or who shall rescue, or attempt to rescue, any person arrested by order of either House.
Paragraph 111. Privilege of Members. The members of both Houses shall be free from arrest during their attendance on the General Assembly, and in going thereto, or returning therefrom, except for treason, felony, larceny, or breach of the peace; and no

Art. 3, Sec. 7, Par. 3
member shall be liable to answer in any other place for anything spoken in debate in either House.
Paragraph IV. Journals and Acts. Each House shall keep a journal of its proceedings, and publish i t immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed by each session.
Paragraph V. Where Journals Kept. The original journal shall be preserved after publication, in the office of the Secretary of State, but there shall be no other record thereof.
Paragraph VI. Yeas and Nays, When Taken. The yeas and nays on any question shall, a t the desire of one-fifth of the members present, be entered on the Journal.
Paragraph VII. Bills to Be Read. Every bill, before i t shall pass, shall be read three times, and on three separate days, in each House, unless in cases of actual invasion, or insurrection, but the first and second reading of each local bill, shall consist of the reading of the title only, unless said bill is ordered to be engrossed.
Paragraph VIII. One Subject Matter Expressed. No law shall pass which refers to more than one subject matter, or contains matter different from what is expressed in the title thereof.
Paragraph IX. General Appropriation Bill. The General appropriation bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject.
Paragraph X. Bills For Revenue. All bills for raising revenue, or appropriating money, shall originate in the House of Representatives, but the Senate may propose, or concur in amendments, as in other bills.
Paragraph XI. Public Money, How Drawn. No money shall be drawn from the Treasury except by appropriation made by law.
Paragraph XII. Bills Appropriating Money. No bill or resolution appropriating money shall become a law unless, upon its passage, the yeas and nays in each house, are recorded.
Paragraph XIII. Acts Signed; Rejected Bills. All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives, and no bill or resolution, intended to have the effect of a law, which shall have been rejected by either house, shall be again proposed during the same session, under the same or any other title, without the consent of two-thirds of the House by which the same was rejected.
Paragraph XIV. Majority of Members to Pass Bill. No bill shall become a law unless it shall receive a majority of the votes of all the members elected to each House of the General Assembly, and i t shall, in every instance, so appear on the Journal.
25

Art. 3, Sec. 7, Par. 15
Paragraph XV. Notice of Intention to Ask Local Legislation Necessary. No local or special bill shall be passed, unless notice of the intention to apply therefor shall have been published in the newspaper in which the Sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. No local or special bill shall become law unless there is attached to and made a part of said bill a copy of said notice certified by the publisher, or accompanied by an affidavit of the author, to the effect that said notice has been published as provided by law. No office to which a person has been elected shall be abolished, nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question. Where any local law shall add any member or members to any municipal or county governing authority, the members of which are elected by the people, such local law must provide that the member or members so added must be elected by the qualified voters of the political subdivision affected under such rules as the General Assembly may in said law provide.
Paragraph XVI. Statutes and Sections of Code, How Amended. No law, or section of the code, shall be amended or repealed by mere reference to its title, or to the number of the section of the Code, but the amending, or repealing act, shall distinctly describe the law to be amended or repealed, as well as the alteration to be made.
Paragraph XVII. Corporate Powers, How Granted. The General Assembly shall have no power to grant corporate powers and privileges to private companies, to make or change election precincts, nor to establish bridges or ferries, nor t o change names of legitimate children; but i t shall prescribe by law the manner in which such powers shall be exercised by the courts; i t may confer this authority to grant corporate powers and privileges to private companies to the judges of the superior courts of this State in vacation. All corporate powers and privileges to banking, trust, insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and if in any event the Secretary of State should be disqualified to act in any case, then in that event the legislature shall provide by general laws by what person such charter shall be granted.
Paragraph XVIII. Recognizances. The General Assembly shall have no power to relieve principals or securities upon forfeited recognizances, from the payment thereof, either before or after judgment thereon, unless the principal in the rcognizance shall have been apprehended and placed in the custody of the proper officers.
Paragraph XIX. Yeas and Nays to Be Entered, When. Whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of an act or resolution, the yeas and nays on the passage thereof shall be entered on the Journal.
Paragraph XX. Powers of the General Assembly. The General Assembly shall have the power to make all laws consistent with this
26

Art. 3, Sec. 7, Par. 20
Constitution, and not repugnant to the Constitution of t h e United States, which they shall deem necessary and proper for the welfare of the State.
Paragraph XXI. Signature of Governor. No provision i n this Constitution f o r a two-thirds vote of both houses of the General Assembly shall be construed to waive the necessity f o r the signature of t h e Governor a s in any other case, except i n the case of t h e two-thirds vote required to override the veto, to submit constitutional amendments, and in case of prolongation of a session of t h e General Assembly.
Paragraph XXII. Adjourn?newt. Neither House shall adjourn f o r more than three days, or to any other place, without t h e consent of the other, and in case of disagreement between the two Houses on a question of adjournment, the Governor may adjourn either, o r both of them.
Paragraph XXIII. Zonixg a?ld Planning Laws. The General Assembly of the State shall have authority to g r a n t t h e governing authorities of the municipalities and counties authority t o pass zoning and planning laws whereby such cities or counties may be zoned or districted for various uses and other or different uses prohibited therein, and regulating the use for which said zones or districts may be set apart, and regulating the plans f o r development and improvements on real estate therein.
Paragraph XXIV. Veterans Preference. Any veteran who has served a s a member of the armed forces of t h e United States during the period of a w a r o r armed conflict in which a n y branch of t h e armed forces of the United States engaged, whether under United States command or otherwise, and was honorably discharged therefrom, shall be given such veterans preference in any civil service program established in the state government or any political subdivision thereof a s may be determined by appropriate action of the General Assembly.
Provided, however, notwithstanding any such action by the General Assembly, a n y veteran who h a s served a s a member of t h e armed forces of the United States during the period of a n y w a r o r t h e Korean Conflict and who was honorably discharged therefrom shall be entitled to and shall receive the following preference in taking a competitive examination for employment with the state government or any political subdivision thereof:
(a) Such veteran who h a s a t least a ten per centum service connected disability as rated and certified by the Veterans Administration shall be entitled to and shall have ten points added to his passing score on such examination; and
(b) Any other such veteran shall be entitled to and shall have five points added to his passing score on such examination.
[Editorial note: Paragraph XXIV was amended in 1968.1
Paragraph XXV. Street Railways. The General Assembly shall not authorize the construction of any street passenger railway, within
27

Art. 3, Sec. 7, P a r . 25
the limits of any incorporate town or city, without the consent of the Corporate Authorities.
Paragraph XXVI. The General Assembly, in order to insure continuity of State and local governmental operations i n periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty:
(1) To provide for prompt and temporary succession to the powers and d u t ~ e sof persons holding office in the Executive, Judicial and Legislative branches of State and local government whether filled by election or appointment, t h e incumbents of which may become unavailable f o r carrying on the powers and duties of such offices during such emergency; and
(2) To adopt such other measures as may be necessary and proper f o r insuring the continuity of governmental operations during such emergency, including but not limited to the suspension of a n y o r all constitutional legislative rule.
Any legislation herefore adopted by the General Assembly which would have been invalid except f o r the provisions of this Paragraph is hereby ratified a s p a r t of the statute laws of the State of Georgia.
[Editorial note: Paragraph XXVI was added by an amendment ratified on Nov. 3, 1964.1
SECTIONVIII.
Paragraph I. Officers of the T w o Houses. The offficers of the two houses, other than the President of the Senate and Speaker of the House, shall be a President P r o Tempore and Secretary of the Senate and Speaker P r o Tempore and Clerk of the House of Representatives, and such assistants a s each House may provide for.
SECTIONIX.
Paragraph I. Compensation, E x p e n s e and Mileage. The per diem of members of the General Assembly shall be $10.00 per d a y plus the additional sum of $5.00 per day for maintenance expense; and the mileage shall not exceed 10 cents for each mile traveled by the nearest practical route in going to and returning from the Capitol; but the President P r o Tem of the Senate, when serving a s presiding officer thereof, and the Speaker of t h e House of Representatives, shall each receive $15.00 per day a s per diem plus the additional sum of $5.00 per day f o r maintenance expense.
Paragraph I. V i v a V o c e V o t e ; Place o f Meeting. All elections by the General Assembly shall be viva voce, and the vote shall appear on the Journal of the House of Representatives. When the Senate and House of Representatives unite f o r t h e purpose of election, they shall meet in the Representative Hall, and the President of the Senate shall, in such cases, preside and declare the results.

Art. 3, Sec. 11, Par. 1
SECTIONXI.
Paragraph I. Salaries o f Elective Officials; How Changed, The General Assembly may, a t any time, by a majority vote of both branches prescribe other and different salaries for all of the elective officers provided for in this Constitution, but no such change shall diminish the amount of any salary set forth in the Constitution.
[Editorial note: This paragraph was altered to read as quoted by an amendment ratified Nov. 6. 1 9 5 6 . The last clause originally read. "but no such change shall affect the officers then in commission."]
ARTICLE IV. PUBLIC UTILITIES, EMINENT DOMAIN, POLICE POWER, INSURANCE COMPANIES, CONTRACTS, ETC.
SECTIONI.
Paragraph I. Public Utility T a r i f f s and Charges. The power and authority of regulating railroad freight and passenger tariffs and of charges of public utilities for their services, of preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs and of charges of public utilities, are hereby conferred upon the General Assembly, whose duty i t shall be t o pass laws from time to time, to regulate such tariffs and charges, to prohibit unjust discriminations by the various railroad and public utilities of this State, and to prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the same by adequate penalties, provided, nevertheless, that such power and authority shall never be exercised in any way to regulate or fix charges of such public utilities as are or may be owned or operated by any county or municipality of this State; except as provided in this Constitution.
Paragraph 11. Rebates. No public utility company shall give, or pay, any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public as to the real rates charged or received for freight or passage or services furnished, any such payments shall be illegal and void; and these prohibitions shall be enforced by suitable penalties.
Paragraph I. Right o f Eminent Domain. The exercise of the right of eminent domain shall never be abridged, nor so construed a s to prevent the General Assembly from taking property and franchises, and subjecting them to public use.
Paragraph 11. Police Power. The exercise of the police power of the state shall never be abridged, nor so construed as to permit the conduct of business in such manner as to infringe the equal rights of others, or the general well-being of the State.
Paragraph I. Charters Revived or Amended Subject t o Constitution. The General Assembly shall not remit the forfeiture of the

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Art. 4, Sec. 3, Par. 1

charter of any corporation now existing, nor alter o r amend the same,
nor pass a n y other general or special law, f o r the benefit of said corporation, except upon the condition that such corporation shall
thereafter hold its charter subject to the provisions of this Constitution; and every amendment of any charter of any corporation i n this
State, or any special law for its benefit, accepted thereby, shall
operate as a novation of said charter and shall bring t h e same under the provision of this Constitution.

SECTIONIV.
Paragraph I. Contracts to Defeat Competition. All contracts and agreements, which may have the effect, or be intended to have the effect, to defeat or lessen competition, or to encourage monopoly, shall be illegal and void. The General Assembly of this State shall have no power to authorize any such contract or agreement.
Paragraph 11. General Assembly to Enforce Article. The General Assembly shall enforce the provisions of this Article by appropriate legislation.
Paragraph 111. Public Service Comrnission as Constitutional Officers. There shall be a Public Service Commission for the regulation of utilities, vested with the jurisdiction, powers and duties now provided by law or that may hereafter be prescribed by the General Assembly, not inconsistent with other provisions of this Constitution. Such Commission shall consist of five members, who shall be elected by the people. A Chairman shall be selected by the members of t h e Commission from its membership. The first Commission under this amendment shall consist of the commissioners in office a t the time of the adoption of this constitutional amendment and they shall serve until December 31 after the general election a t which the successor of each member is elected. Thereafter all succeeding terms of members shall be for six years. The qualifications, compensations, filling of vacancies, manner and time of election, power and duties of members of the Commission, including the chairman, shall be such as are now or may hereafter be provided by the General Assembly.

Paragraph I. Wife's Separate Estate. All property of t h e wife a t the time of her marriage, and all property given to, inherited o r acquired by her, shall remain her separate property, and not be liable f o r the debts of her husband.
SECTIONVI.
Paragraph I. Nonresident Insura7~ceContpanies. All life insurance companies now doing business in this State, or which may desire to establish agencies and do business in the State of Georgia, chartered by other States of the Union, or foreign States, shall show t h a t they have deposited with the Comptroller General of the State in which they a r e chartered, or of this State, the Insurance Commissioner,

Art. 4, Sec. 6, Par. 1
or such other officer a s may be authorized to receive it, not less t h a n one hundred thousand dollars, in such securities as may be deemed by such officer equivalent to cash, subject to his order, as a guarantee fund for the security of policy-holders.
Paragraph 11. License by Comptroller General. When such showing is made to the Comptroller General of the State of Georgia by a proper certificate from t h e State officials having charge of the funds so deposited, the Comptroller General of the State of Georgia is authorized to issue to the company making such showing, a license t o do business in the State, upon paying the fees required by law.
Paragraph 111. Resident I n s u ~ a n c eCompanies; Guarantee Fund. All life insurance companies chartered by the State of Georgia, or which may hereafter be chartered by the State, shall, before doing business, deposit with the Comptroller General of the State of Georgia, or with some strong corporation, which may be approved by said Comptroller General, one hundred thousand dollars, in such securities as may be deemed by him equivalent to cash, to be subject to his order, as a guarantee fund for the security of the policy-holders of the company making such deposit, all interest and dividends from such securities to be paid, when due, to the company so depositing. Any such securities as may be ceeded or desired by the company may be taken from said department a t any time by replacing them with other securities equally acceptable to the Comptroller General, whose certificate for the same shall be furnished to the company.
Paragraph IV. General Asseqnbly to Enact Laws for People's Protection, Etc. The General Assembly shall, from time to time enact laws to compel all fire insurance companies, doing business in this State, whether chartered by this State, or otherwise, to deposit reasonable securities with the Treasurer of this State, to secure the people against loss by the operations of said companies.
Paragraph V. Reports B y Insurance Companies. The General Assembly shall compel all insurance companies in this State, or doing business therein, under proper penalties, to make annual reports to the Comptroller General, and print the same a t their own expense, f o r the information and protection of the people.
ARTICLE V. EXECUTIVE DEPARTMENT'
Paragraph I. Gowevnor; T e r m of Office; Salary, Etc. The executive power shall be vested in a Governor, who shall hold his office during the term of four years, and until his successor shall be chosen and qualified. The Governor serving a t the time of the adoption of this Constitution and f u t u r e 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 his term of office. He shall have a salary of seven thousand five hundred dollars per annum until January 1, 1947. The salary of the Governor f o r each

Art. 5, Sec. 1,Par. 1
year thereafter shall be twelve thousand dollars per annum until otherwise provided by a law passed by a majority vote of both branches of the General Assembly, which shall not be increased o r diminished during the period for which he shall have been elected; nor shall he receive, within t h a t time, any other emolument from the United States, o r either of them, or f r o m a n y foreign power. The State officers, required by this Constitution t o be elected a t the same time, f o r t h e same term, and i n t h e same manner a s t h e Governor shall also hold office for four years.
Paragraph 11. Election f o r Governor. The f i r s t election f o r Governor, under this Constitution, shall be held on Tuesday after the f i r s t Monday i n November of 1946, and t h e Governor-elect shall be installed i n office a t the next session of t h e General Assembly. A n election shall take place quadrennially thereafter, on said date, until another date be fixed by the General Assembly. Said election shall be held a t t h e places of holding general elections i n t h e several counties of this State, i n t h e manner prescribed f o r t h e election of members of t h e General Assembly, and t h e electors shall be t h e same.
P a r a g r a p h 111. T r a n s m i s s i o n , C a n v a s s i n g a n d Publishing E l e c t i o n R e t u r n s . The returns of each election district in a gubernatorial election shall be sealed up by the superintendent thereof separately from other returns and shall be transmitted to the Secretary of State. On the Tuesday next following the general election, unless the date therefor shall be changed by law, the Secretary of S t a t e shall transmit said returns to a Constitutional Officers Election Board which shall be composed of the Speaker and Clerk of the House of Representatives, the President Pro Tempore and the Secretary of t h e Senate, and the chairman of all standing committees of t h e General Assembly. Such Board shall open and publish the returns, and the person having the majority of the whole number of votes shall be declared duly elected Governor of this State. Each candidate f o r Governor shall be entitled to designate one person to be present a t the opening of the returns.
[Editorial note: This paragraph was altered by an amendment ratified in 1968.1
Paragraph IV. Run-off Election. I n the event no gubernatorial candidate receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall continue the gubernatorial election by immediately calling a run-off election and designate a s candidates therein the two persons who received the highest number of votes, who continue i n life and have not declined to continue as a gubernatorial candidate. This run-off election shall be held on the third Tuesday immediately following the general election unless the date thereof shall be changed by the General Assembly. 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 two persons designated shall be counted in the tabulation and canvass of the votes cast. The provisions relating t o the transmission of the returns in the general election, the opening of t h e returns, their tabulation, canvassing and publication shall apply to the run-off election. On the Tuesday next following the runoff election, the Constitutional Officers Election Board shall convene,
32

Art. 5, Sec. 1, Par. 4
open, canvass, tabulate and publish the returns of the run-off election. The person having the highest number of votes entitled t o be counted in the run-off election shall be declared the duly elected Governor of this State.
[Editorial note: This paragraph was altered by an amendment ratified in 1968.1
Paragraph V. Geneva1 Assembly m a y Provide Additional Procedures. The General Assembly may provide by law for any additional procedures or requirements connected with any subject matter embraced within P a r a g r a p h s I11 and IV and in connection with a n y contested election, provided such laws are not inconsistent with the provisions therein.
[Editorial note: This paragraph was altered by an amendment ratified in 1968.1
Paragraph VI. Qualifications of Governor. No person shall be eligible to the office of Governor, who shall not have been a citizen of the United States fifteen years, and a citizen of the State six years, and who shall not have attained the age of t h i r t y years.
Paragraph VII. Lieutenant Governor. Succession to Executive Powev. There shall be a Lieutenant Governor, who shall be elected a t the same time, for the same term, and in the same manner as the Governor. He shall be President of the Senate, and shall receive the sum of $2,000.00 per annum. I n case of the death, resignation, or disability of t h e Governor, the Lieutenant Governor, and i n case of the death or resignation of the Governor-Elect, the Lieutenant Governor-Elect, who shall be deemed to be the Governor's successor, upon becoming the Lieutenant Governor, shall exercise the executive power and receive the compensation of the Governor until the next general election f o r members of the General Assembly, a t which a successor to the Governor shall be elected f o r the unexpired t e r m ; but if such death, resignation, or disability shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor f o r the unexpired term. If the Lieutenant Governor shall become a candidate for the unexpired term of the Governor, he shall thereby resign his office a s Lieutenant Governor, effective upon the qualification of the Governor elected f o r the unexpired term, and his successor for the unexpired term shall be elected a t such election. I n case of the death, resignation, or disability of both the Governor and the Lieutenant Governor, t h e Speaker of the House of Representatives shall exercise the executive power until the removal of the disability or the election and qualification of a Governor a t a special election, which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power. A Lieutenant Governor shall be elected a t the general election in 1946 and shall qualify a t the same time a s the Governor. Until the qualification of a Lieutenant Governor the provisions of Article V, Section I, Paragraph VIII of the Constitution of Georgia of 1877 shall remain of full force and effect.
[Editorial note: Paragraph VII was amended in 1968.1
Paragraph VIII. Unexpired Terms, Filling of. The General As-
33

Art. 5, Sec. 1,P a r . 8
sembly shall have power to provide by law, for filling unexpired terms by special elections, except a s provided in this Constitution.
Paragraph IX. Oath of Office.The Governor shall, before he enters
on the duties of his office, take the following oath or affirmation: "I do solemnly swear (or affirm, a s the case may be) t h a t I will faithfully execute the office of Governor of t h e S t a t e of Georgia, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof, and t h e Constitution of the United States of America."
Paragraph X. Comnza?zder-in-Chief. The Governor shall be commander-in-chief of the a r m y and navy of this State, and of t h e militia thereof.
Paragraph XI. Reprieves and Pardons; State Board of Pardons and Paroles. The Governor shall have power to suspend the execution of a sentence of death, a f t e r conviction, f o r offenses against t h e State, until the S t a t e Board of Pardons and Paroles, hereinafter provided, shall have a n opportunity of hearing the application of t h e convicted person f o r a n y relief within the power of such Board, or f o r a n y other purpose which may be deemed necessary b y t h e Governor. Upon conviction for treason the Governor may only suspend the execution of the sentence and report the case to the General Assembly a t the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a f u r t h e r reprieve. The Governor shall, a t each session of t h e General Assembly, communicate to t h a t body each case of suspension of sentence, s t a t i n g the name of t h e convict, the offense f o r which he was convicted, the sentence and i t s date, the date of t h e reprieve or suspension, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. There shall be a State Board of Pardons and Paroles composed of three members, who shall be appointed by the Governor and confirmed by the Senate. Appointments made a t times when the Senate is not in session shall be effective ad interim. The first members shall be appointed f o r terms of three, five, and seven years, respectively, to be designated by t h e Governor, and all subsequent appointments shall be f o r a period of seven years, except i n case of a n unexpired term. T h e Governor shall not be a member of t h e S t a t e Board of Pardons and Paroles. The members of the S t a t e Board of Pardons and Paroles shall each receive a n annual salary of $5,000.00, payable monthly. The State Board of Pardons and Paroles shall have power to grant reprieves, pardons and paroles, to commute penalties, remove disabilities imposed by law, and may remit a n y p a r t of a sentence f o r a n y offense against the State, a f t e r conviction except in cases of treason or impeachment, and except in cases in which the Governor refuses to suspend a sentence of death. Provided t h a t such board shall a c t on all applications within 90 days from the filing of same, and in all cases a majority shall decide t h e action of t h e Board. Except if a n y member f o r a n y cause is unable to serve in any case involving capital punishment, the Governor shall act a s the third member of said Board and t h e action so taken in such instance shall be by unanimous vote. The State Board of Pardons and Paroles shall a t each session of t h e General
34

Art. 5, Sec. 1, P a r . 11
Assembly communicate to t h a t body in full detail each case of pardon, parole, commutation, removal of disabilities o r remission of sentences granted, s t a t i n g the name of t h e convict, the offense f o r which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regulations a s may be authorized by law. The f i r s t Board of Pardons and Paroles under this provision may be those in t h e office under a n a c t of the General Assembly creating such a Board existing a t the time of the adoption of this amendment, which, if so existing shall be in lieu of such a Board to be created by t h e General Assembly subsequent to the adoption of this amendment, and which Board shall have all the rights, privileges, powers, and duties the same a s if i t was so subsequently created, and the terms of members of such Board shall date from the time specified in the existing Act of t h e General Assembly. The General Assembly may enact laws in aid of, but not inconsistent with, this amendment.
Paragraph XII. Writs of Election; Called Sessions of the Geneval Assewtblg. The Governor shall issue writs of election to fill all vacancies t h a t may happen in the Senate and the House of Representatives, and shall give the General Assembly, from time to time, information of the S t a t e of the Commonwealth, and recommend t o their consideration such measures a s he may deem necessary or expedient. The Governor shall have power to convoke the General Assembly on extraordinary occasions, but no law shall be enacted a t called sessions of the General Assembly, except such a s shall relate t o the object stated in his proclamation convening them; providing that such called sessions of the General Assembly shall not exceed 70 days in length, unless a t the expiration of said period there shall be pending a n impeachment trial of some officer of the State Government in which event the General Assembly will be authorized to remain in session until such trial shall have been completed.
Provided, however, t h a t when three-fifths of the members elected to the House of Representatives and three-fifths of the members elected to the Senate shall have certified t o the Governor of the State of Georgia t h a t i n their opinion a n emergency exists i n t h e a f f a i r s of the State of Georgia, i t shall thereupon be t h e d u t y of said Governor and mandatory upon him, within five days from the receipt of such certificate or certificates, to convene said General Assembly in extraordinary session for all purposes; and in the event said Governor shall, within said time, Sundays excluded, fail or refuse to convene said General Assembly as aforesaid, then and in that event said General Assembly may convene itself in extraordinary session, a s if convened in regular session, f o r all purposes, provided that such extraordinary, self convened session shall be limited to a period of 30 days, unless a t the expiration of said period, there shall be pending a n impeachment trial of some officer of t h e State Government, in which event the General Assembly shall be authorized to remain in session until such trial shall have been completed.
35

Art. 5, Sec. 1, Par. 12
The members of the General Assembly shall receive the same per diem and mileage during such extraordinary session a s is now or may be hereafter provided.
Paragraph XIII. Filling Vacancies. When any office shall become vacant, by death, resignation, or otherwise, the Governor shall have power to fill such vacancy, unless otherwise provided by law; and persons so appointed shall continue in office until a successor is commissioned, agreeably to the mode pointed out by this Constitution, or by law in pursuance thereof.
Paragraph XIV. Appointments Rejected. A person once rejected by the Senate, shall not be reappointed by the Governor to t h e same office during the same session, or the recess thereafter.
Paragraph XV. G o v e r n o ~ ' v~eto. The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws, but two-thirds of each House may pass a law notwithstanding his veto; and if any bill should not be returned by the Governor within five days (Sundays excepted) after it has been presented to him, the same shall be a law; unless the General Assembly, by their adjournment, shall prevent its return, in which event the Governor shall have thirty days (Sundays excepted) from the date of adjournment in which to approve the same, and if not approved within t h a t time, the same shall become a law. H e may approve any appropriation, and veto any other appropriation, in the same bill, and the latter shall not be effectual unless passed by two-thirds of each House.
Whenever such bill has been vetoed by t h e governor,^ i t shall be the duty of the Governor to transmit such bill to the presiding officer of the Branch of the General Assembly i n which i t originated, together with a list of reasons, if any, f o r such veto. Such transmission shall be made within thirty-five days (Sundays excepted) f r o m the date of the adjournment of the Session of the General Assembly a t which such bill was passed. Such bill may be considered by the Branch of the General Assembly in which it originated a t a n y time within the f i r s t ten days of the next regular Session of t h e General Assembly f o r the purpose of overriding the action of the Governor. I n t h e event the action of the Governor is overriden by two-thirds of the votes of such Branch of the General Assembly the same shall be immediately transmitted by the Secretary of or t h e Clerk of such Branch of t h e General Assembly t o the other Rranch of the General Assembly. It shall be the duty of the presiding officer of such other Branch of t h e General Assembly 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 f o r the purpose of overriding the action of the Governor. I n the event the action of the Governor is overriden by two-thirds of the votes of such Branch of the General Assembly such Bill shall become law. I n the event either Branch of t h e General Assembly should fail to override the Governor's action on a Bill, such Bill shall not again be presented to t h e General Assembly of Georgia f o r the purpose of overriding the action of t h e Governor. I n the event a n y bill is enacted into law p u r s u a n t t o t h e terms of this paragraph, t h e
36

Art. 5, Sec. I, Par. 15
effective date of such bill shall be on the date t h a t such bill was acted upon by the Branch of the General Assembly last acting upon such bill.
Provided, however, that any bills that are vetoed by the Governor after the adjournment of the regular session of the General Assembly immediately preceding the general election in which the Governor is elected, shall not be subject to be overridden by the next regular session of the General Assembly.
[Editorial note: This paragraph was changed by amendments ratified on Nov. 4, 1962, and Nov. 6. 1962.1
Paragraph XVI. Governor to Approve Resolutions. Etc. Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except on a question of election or adjournment, shall be presented to the Governor, and before it shall take effect be approved by him, or, being disapproved, shall be repassed by two-thirds of each house, provided, however, that nothing contained in this Article shall be construed to confer on the Governor the right to veto o r enter his disapproval of any proposal made by t h e General Assembly to amend this Constitution.
Paragraph XVII. Information From Officers and Ernplogees; Suspension of Officers. The Governor may require information i n writing from Constitutional officers, department heads, and all State employees, on a n y subject relating to the duties of their respective offices or employment. The General Assembly shall have authority to provide by law f o r the suspension of a n y Constitutional officer or department head from the discharge of the duties of his office, and also for the appointment of a suitable person to discharge the duties of the same.
Paragraph I. Executive O f f i c e r s , H o w Elected. The Secretary of State, Attorney General, State School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and the Commissioner of Labor shall be elected by the persons qualified to vote for members of the General Assembly a t the same time, and i n the same manner a s the Governor. The provisions of the Constitution a s to the transmission, tabulation and canvassing of the returns of the election, runoff elections, contested elections, and declaration of the results of the election, applicable to the election of Governor, shall apply to the election of the above-named executive officers; and they shall by commissioned by the Governor and hold their offices for the same time a s the Governor. I n case of the death o r withdrawal of a person having received a majority of the whole number of votes cast in a n election f o r any of the above-named offices, t h e Governor elected a t such election, upon becoming Governor, shall have the power to fill such office by appointing, subject to the confirmation of t h e Senate, and individual to serve until the next
37

Art. 5, Sec. 2, P a r . 1
general election, a t which time a successor shall be elected to serve out the unexpired term of office.
[Editorial note: This paragraph was amended in 1968.1
Paragraph 11. Duties, Authority, and Salaries of Other Executive Officers. The General Assembly shall have power to prescribe the duties, authority, and salaries of the executive officers, and t o provide help and expenses necessary f o r the operation of the department of each.
Paragraph 111. P r o f i t F r o m U s e o f Public Money. No State official shall be allowed, directly or indirectly, to receive any fee, interest, or reward from any person, bank, or corporation, for the deposit, or use, i n a n y manner, of t h e public funds, and t h e General Assembly shall enforce this provision by suitable penalties.
Paragraph IV. Qualifications. No person shall be eligible to the office of the Secretary of State, Attorney General, S t a t e School Superintendent, Comptroller General, Treasurer, Commissioner of Agriculture, and Commissioner of Labor, unless he shall have been a citizen of the United States f o r ten years, and shall have resided in this State for six years next preceding his election, and shall be twenty-five years of age when elected. All of said officers shall give bond and security, under regulation to be prescribed by law, f o r the faithful discharge of their duties.
Paragraph V. Fees and Perquisites Denied. No S t a t e official named in P a r a g r a p h I of this Section shall be allowed a n y fee, perquisite or compensation other than their salaries as prescribed by law, except their necessary expenses when absent from the seat of government on business f o r t h e State.
Paragraph I. Great Seal; W h a t Constitutes; Custody; W h e n A f fixed to Instruments. The great seal of the State shall be deposited in the office of the Secretary of State and shall not be affixed t o a n y instrument of writing except by order of the Governor or General Assembly, and t h a t now in use shall be the g r e a t seal of t h e S t a t e until otherwise provided by law.
SECTIONI V .
Paragraph I. Game and Fish Commission. There is hereby created a State Game and Fish Commission. Said Commission shall consist of one member from each Congressional District in this State, and one additional member f r o m one of the following named counties, to-wit: Chatham, Bryan, Liberty, McIntosh, Glynn, or Camden. The f i r s t members of the Commission shall consist of those i n office a t the time this Constitution is adopted, with terms provided by law. Thereafter, all succeeding appointments shall be made by t h e Governor and confirmed by the Senate f o r a term of seven years from the expiration of t h e previous terms. All members of the Commission shall hold office until their successors a r e appointed and qualified.

Art. 5, Sec. 4, P a r . 1
Vacancies in office shall be filled by appointment of the Governor and submitted to the Senate f o r confirmation a t the next session of the General Assembly a f t e r the making of the appointment.
The Commission shall have such powers, authority, duties, and shall receive such compensation and expenses a s may be delegated or provided for by the General Assembly.
Paragraph I. State Board of Corrections; How Composed, Director. There shall be a State Board of Corrections composed of five members i n charge of the S t a t e Penal System. The Board shall have such jurisdiction, powers, duties and control of the S t a t e Penal System and the inmates thereof a s shall be provided by law. The Board shall elect a Director of Corrections who shall be the executive officer of the Board. The Board of Corrections shall be appointed by t h e Governor with the consent of the Senate. The f i r s t appointment shall be f o r terms of one, two, three, f o u r and five years and their successors shall be appointed f o r terms of five years each. The compensation of the Director and members of the Board shall be fixed by law.
SECTIONV I . STATEDEPARTMENOTF VETERANSSERVICE
Paragraph I. Veterans Service Board; How Composed; Director. There shall be a S t a t e Department of Veterans Service and Veterans Service Board composed of seven members, who shall have such control, duties, powers and jurisdiction of t h e S t a t e Department of Veterans Service a s shall be provided by law. Said Board shall appoint a director who shall be t h e executive officer of the Department. Members of the Board shall be appointed by t h e Governor with t h e advice and consent of the Senate and all members of t h e Board and t h e Director shall be veterans of some w a r in which the United States h a s engaged.
The f i r s t appointments shall be f o r terms of one, two, three, four, five, six and seven years. Thereafter all terms and appointments, except i n case of vacancy, shall be f o r seven years. Vacancies shall be filled by appointment of t h e Governor.
SECTIONSVII, VIII, AND IX.
[Editorial note: These sections create industrial development authorities for Bacon, Banks. Barrow, Berrien, Candler, and 97 other counties or cities. They cover some 400 pages, and are omitted here. For citations to the Georgia Laws where the detailed provisions on these authorities can be found, see the Table of Amendments t o the 1945 Constitution of Georgia published in 1967 by the Institute of Law and Government, University of Georgia, Athens, Georgia.]

Art. 5, Sec. 10, Par. 1
SECTIONX.
DEPARTMENOTF INDUSTRY AND TRADE
Paragraph I. There is hereby created the Department of Industry and Trade in lieu of and as successor to the Department of Commerce. There is hereby created a Board of Commissioners of the Department of Industry and Trade to be composed of twenty members, two from each Congressional District in the State, but no two from the same county. The Board shall be the policy determining body of the Department and shall have such duties, powers, authority and jurisdiction relating to the Department a s shall be provided by law. The first ten members of the Board shall be appointed by the Governor serving a t the time of the ratification of this amendment, and their terms of office shall begin on April 1, 1963. He shall appoint one member from each Congressional District in the State and shall designate their terms of office as follows: Five members shall be appointed for three year terms; five members for six year terms. The other ten members of the Board shall be appointed by the Governor who takes office in January, 1963, and he shall appoint one member from each Congressional District, but not from the same county as any other member already appointed. He shall designate their terms of office a s follows: Five members shall be appointed for three year terms; five members for six year terms. Thereafter, all terms of all successors, except in case of an appointment to fill a vacancy, shall be for six years dating from April 1st of the beginning year of such term. The Governor shall appoint all successors. In the event a vacancy occurs on the Board, the Governor shall appoint a person to serve the unexpired term. The Board shall appoint a Director who shall be the executive officer and administrative head of the Department. In the event of the ratification of this amendment, the appointments to the Board shall be made as provided herein, but the provisions of law relative to the Department of Commerce, the Director of the Department of Commerce and the Advisory Board of the Department of Commerce shall remain as presently existing until April 1, 1963.
[Editorial note: Section X was added by an amendment ratified Nov. 6, 1962.1
Paragraph 11. In addition t o such powers and duties a s may from time to time be conferred upon the Board of Commissioners and the Department of Industry and Trade, the Board of Commissioners shall be authorized to participate with any county, municipality, non-profit organization, or any combination thereof, in the operation of any of the facilities operated by such agcncies for the purpose of encouraging and promoting tourism in this state, notwithstanding any other provisions of this Constitution to the contrary.
[Editorial note: Paragraph I1 was added by an amendment ratified Nov. 8.
1966.1
SECTIONXI.
Paragraph I. State Highway Board created. There shall be a State Highway 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 from the coun-

Art. 6, Sec. 11, Par. 1
ties and Senatorial Districts embraced or partIy embraced within such Congressional District, meeting in caucus. All members shall be elected for terms of five years each and until their successors are duly elected and qualified. Nothing herein shall affect the terms of office of members of the State Highway Board now in office, and such members shall serve out the remainder of their respective terms and until their successors are duly elected and qualified a s hereunder provided. The successors to such members, as their respective terms expire, shall be elected by the General Assembly a s provided herein and pursuant t o the provisions of law enacted or as may hereafter be enacted to implement this Paragraph. The Board shall elect a Director of the State Highway Department who shall be the Chief Executive Officer of the State H i ~ h w a yDepartment, except that the Director of the State Highway Department in office a t the time of approval hereof shall not be affected, and such Director shall serve out the remainder of his term as now provided by law. The General Assembly shall define by law the powers, duties, qualifications and compensation of the Board and of the Director, and shall by law prescribe the manner, time and procedure for the election of members of the Board, and the manner of filling vacancies therein.
[Editorial note: Section XI was added by an amendment ratified Nov. 3, 1964.1
ARTICLE VI. JUDICIARY
Paragraph I. Courts Enumerated. The judicial powers of this State shall be vested in a Supreme Court, a Court of A p ~ e a l s ,S u ~ s r i o r Courts, Courts of Ordinary, Justices of the Peace, Notaries Public who are ex-officio Justices of the Peace, and such other Courts a s have been or may be established by law.
[Editorial note: For local amendments affecting the courts of Chatham. Clayton. DeKalb, Fulton (or any county with a population of 300,000). Muscogee, Richmond, and Rockdale counties, see the "Cumulative Supplement" to Book I of the Code of Georgia Annotated.]
SECTIO1N1.
Paragraph I. Supreme Court Justices; Quorum. The Supreme Court shall consist of seven associate justices, who shall from time t o time a s they may deem proper, elect one of their members as Chief Justice, and one as Presiding Justice; the office of Chief Justice a s i t has heretofore existed under this Constitution being hereby converted into the office of an associate justice, with the same right of incumbency and the same succession as to terms, a s applied to the former office. The Chief Justice so elected by the other Justices shall be the chief presiding and administrative officer of the court, and the Presiding Justice, elected in like manner, shall perform all the duties devolving upon the Chief Justice, when he is absent or disqualified. A majority of the court shall constitute a quorum.
Paragraph 11. Court to Designate Judges to Preside, When. When one or more of the Justices of the Supreme Court are disqualified from deciding any case by interest or otherwise, the qualified Justices
41

Art. 6, Sec. 2, Par. 2
shall designate a judge or judqes of the Superior Court to preside i n said case, provided, that if all t h e justices a r e disqualified, they or a majority of them shall, despite their disqualification, select seven judges of the Superior Court to preside in t h e cause, b u t they shall make such selections by lot and in open court from not less than twelve names of such Superior Court judges.
Paragraph 111. Terms of Office. The Justices aforesaid shall hold their offices for six years, and until their successors are qualified. They shall be elected by the people a t the same time and in the same manner a s members of the General Assembly; provided, t h a t the successors to the two incumbents whose terms will expire on December 31, 1946, shall be elected for the succeeding terms a t the time of electing members of the General Assembly during t h a t year; successors to the two incumbents whose terms will expire on December 31, 1948, shall be elected in like manner during that year; successors to the two incumbents whose terms will expire on December 31, 1950, shall be elected in like manner during that year and provided further that a n additional or seventh Justice shall be immediately appointed by the Governor, his tenure under such appointment to expire on December 31, 1946, and his successor for the ensuing regular term of six years t o be elected a t t h e time and in the manner aforesaid a t such general election to be held during that year; and all terms (except unexpired terms) shall be f o r six years. I n case of any vacancy which causes an unexpired term, the same shall be filled by executive appointment, and the person appointed by the Governor shall hold his office until the next regular election, and until his successor f o r the balance of t h e unexpired term shall have been elected and qualified. The returns of such elections shall be made to the Secretary of State, who shall certify the result to the Governor, and commission shall issue accordingly.
Paragraph IV. Jurisdiction of Supreme Court. The Supreme Court shall have no original jurisdiction but shall be a court alone for the trial and correction of errors of law from t h e superior courts and the city courts of Atlanta and Savannah, a s existed on August 16, 1916, and such other like courts as have been or may hereafter be established in other cities, in all cases t h a t involve the construction of the Constitution of t h e S t a t e of Georgia or of the United States, or of treaties between the United States and foreign governments; in all cases in which the constitutionality of any law of t h e State of Georgia or of the United States is drawn in question; and, until otherwise provided by law, in all cases respecting title to land; in all equity cases; in all cases which involve the validity of, or the construction of wills; in all cases of conviction of a capital felony; in all habeas corpus cases; in all cases involving extraordinary remedies; in all divorce and alimony cases, and in all cases certified to i t by the Court of Appeals for its determination. I t shall also be competent for the Supreme Court to require by certiorari or otherwise any case t o be certified to the Supreme Court from the Court of Appeals f o r review and determination with the same power and authority a s if the case had been carried by writ of error to the Supreme Court. Any case carried to the Supreme Court o r to the Court of Appeals, which belongs to the class of which the other court has jurisdiction, shall, until otherwise provided by law, be transferred to the other court
42

Art. 6, Sec. 2, Par. 4
under such rules a s the Supreme Court may prescribe, and the cases so transferred shall be heard and determined by the court which has jurisdiction thereof. The General Assembly may provide for carrying cases or certain classes of cases to the Supreme Court and the Court of Appeals from the trial courts otherwise than by writ of error, and may prescribe conditions as to the right of a party litigant t o have his case reviewed by the Supreme Court or Court of Appeals. The Supreme Court shall also have jurisdiction of and shall decide cases transferred to i t by the Court of Appeals because of an equal division between the judges of that Court when sitting a s a body for the determination of cases.
Paragraph V. Cases, How Disposed O f . The Supreme Court and the Court of Appeals shall dispose of every case a t the term for which it is entered on the court's docket for hearing, as provided by Paragraph VIII of this Article and Section, or a t the next term. If the plaintiff in error shall not be prepared to prosecute the case a t the term for which it is so entered for hearing, unless prevented by providential cause, i t shall be stricken from the docket and the judgment below shall stand affirmed. No write of error shall be dismissed because of delay in transmission of the bill of exceptions and the copy of the record, or either of them, resulting from the default of the clerk or other cause, unless i t shall appear that the plaintiff in error or his counsel caused such delay. Nothing herein shall be construed to excuse the clerk for any omission of duty or to relieve him of any liability resulting therefrom,
Paragraph VI. Judgments ~ V a By e Withheld. In any case the Court may in its discretion withhold its judgment until the next term after the same is argued.
Paragraph VII. The Supreme Court; How Cases T o Be Heard and D e t e ~ m i x e d .The Supreme Court shall have power to hear and determine cases when sitting in a body, under such regulations as may be prescribed by it.
Paragraph VIII. Court of Appeals. The Court of Appeals shall consist of the Judges provided therefor by law a t the time of the ratification of this amendment, and of such additional Judges a s the General Assembly shall from time to time prescribe. All terms of the Judges of the Court of Appeals after the expiration of the terms of the Judges provided for by law a t the time of the ratification of this amendment, except unexpired terms, shall continue six years and until their successors are qualified. The times and manner of electing Judges, and the mode of filling a vacancy which causes a n unexpired term, shall be the same a s are or may be provided for by the laws relating to the election and appointment of Justices of the Supreme Court. The Court of Appeals shall have jurisdiction for the trial and correction of errors of law from the superior courts and from the City Courts of Atlanta and Savannah, as they existed on August 19, 1916, and such other like courts as have been or may hereafter be established in other cities, in all cases in which such jurisdiction has not been conferred by this Constitution upon the Supreme Court, and in such other cases as may hereafter be prescribed by law; except that where a case is pending in the Court of Appeals and the Court of Appeals desires instruction from the Supreme
43

Art. 6, Sec. 2, Par. 8
Court, it may certify the same to the Supreme Court, and thereupon a transcript of the record shall be transmitted to the Supreme Court, which, a f t e r having- afforded to the parties a n opportunity to be heard thereon, shall instruct t h e Court of Avpeals on the question so certified, and t h e Court of Appeals shall be bound by t h e instruction so given. But if by reason of equal division of opinion among the Justices of the Supreme Court no such instruction is given, the Court of Appeals may decide the question. The manner of certifying questions t o t h e Supreme Court by t h e Court of Appeals, and the subsequent proceedings in regard t o the same in the Supreme Court, shall be as the Supreme Court shall by its rules prescribe, until otherwise provided by law. No affirmance of the judgment of the court below i n cases pending in t h e Court of Appeals shall result from delay in disposing of questions o r cases certified from the Court of Appeals to the Supreme Court, o r a s t o which such certificate has been required by the Supreme Court a s hereinbefore provided. All writs of error in t h e Supreme Court o r t h e Court of Appeals, when received by its clerk during a term of t h e Court and before t h e docket of the term is by order of t h e Court closed, shall be entered thereon, and when received a t any other time, shall be entered on the docket of the next term; and they shall stand for hearing a t the term for which they are so entered, under such rules as the Court may prescribe, until otherwise provided by law. The Court of Appeals shall appoint a clerk and a sheriff of the court. The reporter of the Supreme Court shall be reporter of the Court of Appeals until otherwise provided by law. The laws relating to the Supreme Court a s t o qualifications and salaries of Judges, the designation of other Judges t o preside when members of t h e Court are disqualified, the powers, duties, salaries, fees and terms of officers, the mode of carrying cases to the Court, the powers, practice, procedure, times of sitting, and costs of the Court, t h e publication of reports of cases decided therein, and in all other respects, except a s otherwise provided in this Constitution or by the laws a s to the Court of Appeals a t the time of the ratification of this amendment, and until otherwise provided by law, shall apply t o the Court of Appeals so f a r a s they can be made to apply. The decisions of the Supreme Court shall bind t h e Court of Appeals a s precedents. The Court of Appeals shall have power to hear and determine cases when sitting in a body, except a s may be otherwise provided by the General Assembly.
I n the event of a n equal division of judges on a n y case when t h e Court is sitting a s a body, the case shall be immediately transferred to the Supreme Court.
Paragraph IX. The Supreme Court and Court of Appeals shall have jurisdiction to review by direct writ of error, and without the necessity of a motion f o r new trial having been made, all final judgments, orders, decrees and adjudications rendered by any juvenile court created o r referred t o in a n Act of the General Assembly approved February 19, 1951 (Ga. Laws 1951, p. 291), a s amended, and any other juvenile court that may be hereafter established, and, i t shall further be t h e duty of t h e District Attorney of the judicial circuit within which juvenile court or courts are located to represent the juvenile court on such appeals. The time for filing such bill of

Art. 6, Sec. 2, Par. 9
exceptions, and the procedure governing same, shaII be a s now provided by law for appeals, or as may hereafter be provided by law, but in any case, the Juvenile Judge may be order grant extensions of time for the filing of such bill of exceptions so a s to afford opportunity for preparation of a brief or transcript of evidence, in cases where such is required.
[Editorial note: Paragraph IX was added by an amendment in 1956 and amended in 1968.1
SECTIO1N11. SUPERIOCROURTS
Paragraph I. Terms, Etc., of Superior Court Judges. There shall be a judge of the Superior Courts for each judicial circuit, whose term of office shall be for four years, and until his successor is qualified. He may act in other circuits when authorized by law. The legislature shall have authority to add one or more additional judges of the superior court for any judicial circuit in this State, and shall have authority to regulate the manner in which the judges of such circuits shall dispose of the business thereof, and shall fix the time a t which the term or terms of office of such additional judge or judges shall begin, and the manner of his appointment or election, and shall have authority from time to time to add to the number of such judges in any judicial circuit; or to reduce the number of judges in any judicial circuit; provided that a t all times there shall be a t least one judge in every judicial circuit of this State.
Paragraph 11. Elections, When to Be Held. The successors to the present and subsequent incumbents shall be elected by the electors of the circuit wherein the superior court judge is to serve, who are entitled to vote for members of the General Assembly, a t the general election held for such members, next preceding the expiration of their respective terms.
[Editorial note: Paragraph I1 was altered by an amendment ratified Nov. 8, 1966.1
Paragraph 111. Terms Begin, When. The terms of the judges t o be elected under the Constitution, except to fill vacancies, shall begin on the first day of January after their elections. Every vacancy occasioned by death, resignation, or other causes shall be filled by appointments of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, a t which election a successor for the unexpired term shall be elected.
Paragraph I. Exclusive Jurisdiction. The Superior Courts shall have exclusive jurisdiction in cases of divorce; in criminal cases where the offender is subjected to loss of life, or confinement in the penitentiary, in cases respecting titles to land, and equity cases.
Paragraph 11. Equity May Be Merged in Common Law Courts. The General Assembly may confer upon the Courts of Common Law all the powers heretofore exercised by Courts of Equity in this State.

Art. 6. Sec. 4. P a r . 3
P a r a g r a p h 111. General Jurisdiction. Said Courts shall have jurisdiction in all civil cases, except a s hereinafter provided.
Paragraph IV. Appellate Jurisdiction. They shall have appellate jurisdiction in all such cases a s may be provided by law.
Paragraph V. Certiorari, Mandamus, Ete. They shall have power t o correct errors in inferior judicatories by w r i t of certiorari, which shall only issue on t h e sanction of t h e Judge, and said Courts, and t h e judges thereof shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs that may be necessary for carrying their powers fully into effect, and shall have such other powers a s are, or may be conferred on them by law.
Paragraph VI. N e w T ~ i a l s .The Superior and City Courts may grant new trials on legal grounds.
Paragraph VII. Judgment of the Court. The Court shall render judgment without the verdict of a j u r y in all civil cases, except actions ex delicto, where no issuable defense is filed except a s otherwise provided i n this Constitution, and subject t o t h e r i g h t of t r i a l by a jury on written demand of either party.
Paragraph VIII. Sessions. The Superior courts shall sit in each county not less than twice in each year, a t such times a s have been, or may be appointed by law. The judges of said courts may, on reasonable notice to the parties, a t any time, in vacation, a t chambers, hear and determine, by interlocutory or final judgment, any matter or issue, where a jury verdict is not required, or may be waived.
Paragraph IX. Presiding Judge Disqualified. The General Assembly may provide by law f o r the appointment of some proper person t o preside in cases where the presiding judge is from any cause disqualified.
P a r a g r a p h I. J u d g e s of S u p e r i o r and C i t y C o u r t s M a y A l t e r n a t e , When. I n any county within which there is, o r hereafter may be, a City Court t h e Judge of said Court, and of t h e Superior Court may preside i n t h e Courts of each other in cases where t h e judge of either Court is disqualified to preside.
SECTIONVI.
Paragraph I. Appeals F r o m Ordinary. The powers of a Court of Ordinary and of Probate shall be vested i n a n Ordinary f o r each county, from whose decisions there may be a n appeal, or by consent of parties, without a decision t o t h e Superior Court under regulations prescribed by law.
Paragraph 11. Powers. The Courts of Ordinary shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes and other county matters as may be conferred on them by law.

Art. 6. Sec. 6. Par. 2
The Court of Ordinary shall have jurisdiction to issue w a r r a n t s , try cases, and impose sentences thereon in all misdemeanor cases arisinq under the Act known as the Georgia State Highway Patrol Act of 1937, and other t r a f f i c laws, and i n all cases arising under t h e Compulsory School Attendance law in all counties of this S t a t e in which there is no city or county court, provided the defendant waives a jury trial. Like jurisdiction is also conferred upon the judges of t h e police courts of incorporated cities and municipal court judges for offense arising under the act known a s the Georgia State Highway Patrol Act of 1937, and other t r a f f i c laws of t h e S t a t e within their respective jurisdiction.
Paragraph 111. T e r m of Office. The Ordinary shall hold his office f o r t h e term of f o u r years and until his successor is elected and qualified.
SECTIONVII.
JUSTICOEFSTHE PEACE
Paragraph I. N u m b e r and T e r m o f o f f i c e . There shall be in each militia district one justice of t h e peace, whose official term, except when elected to fill a n unexpired term, shall be for four years: Provided, however, t h a t the General Assembly may, in its discretion, abolish justice courts and t h e office of justice of t h e peace and of notary public ex-officio justice of t h e peace i n a n y city of this S t a t e having a population of over twenty thousand, and establish i n lieu thereof such court or courts o r system of courts a s t h e General Assembly may, in its discretion, deem necessary, conferring upon such new court or courts or system of courts, when so established, the jurisdiction as to subject matter now exercised by justice courts and by justices of t h e peace and notaries public ex-officio justices of the peace together with such additional jurisdiction, either a s t o amount or sub-matter, a s may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together with such provision as to rules and procedure in such courts, and a s t o new trials and the correction of e r r o r s i n and by said courts, and with such f u r t h e r provision f o r t h e correction of errors by t h e Superior Court, or Court of Appeals, o r t h e Supreme Court, a s t h e General Assembly may, from time to time, in its discretion, provide or authorize. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia: Provided, however, t h a t t h e General Assembly may, in its discretion, abolish justice courts and the office of justice of t h e peace and notary public ex-officio justice of t h e peace in any county in this State having within its borders a city having a population of over twenty thousand, and a s well i n the County of Glynn, and establish in lieu thereof such court o r courts or system of courts a s t h e General Assembly may, i n i t s discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction a s t o subject m a t t e r now exercised by justice courts and by justices of t h e peace and notaries public ex-officio justices of t h e peace; together with such additional jurisdiction, either as to amount or to subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this
47

Art. 6, Sec. 7, Par. 1
Constitution; together also with such provisions as to rules and procedure in such courts and a s to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by t h e Superior Court o r the Court of Appeals or the Supreme Court as the General Assembly may, from time to time, in its discretion, provide o r authorize. The civil court of Fulton County shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with, o r supplemental to, or i n lieu of justice courts, a s may be now or hereafter provided b y law. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section IX of Article V I of the Constitution of Georgia.
Paragraph 11. Jurisdiction. Justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage to and conversion of personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly a t fixed times and places but in all cases there may be a n appeal to a jury in said court, or an appeal to the Superior Court under such regulations as may be prescribed by law.
Paragraph 111. Elections and Comnzissions. Justices of the peace shall be elected by the legal voters in their respective districts, and shall be commissioned by the Governor. They shall be removable on conviction for malpractice in office.
SECTIONVIII. NOTARIESPUBLIC
Paragraph I. Appointment; Number; Term; Removal. Commissioned notaries public, not to exceed one for each militia district, may be appointed by the judges of the superior courts in their respective circuits, upon recommendation of the grand juries of the several counties. They shall be commissioned by the Governor for the term of four years and shall be ex-officio justices of the peace, and shall be removable on conviction for malpractice in office.
SECTIONIX. UNIFORMITYOF COURTS
Paragraph I. Uniforntity Provided For. Except as otherwise provided in this Constitution, the jurisdiction, powers, proceedings and practice of all courts o r officers invested with judicial powers (except City Courts) of t h e same grade o r class, so f a r a s regulated by law, and the force and effect of the process, judgment and decree, by such courts, severally, shall be uniform. This uniformity must be established by the General Assembly, and in case of City Courts, may be established by the General Assembly.
Paragraph I. Election; Term of Office. There shall be an Attorney General of this State, who shall be elected by the people a t the
48

Art. 6, Sec. 10, Par. 1
same time, for the same term and in the same manner as the Governor.
Paragraph 11. Duties. I t shall be the duty of the Attorney General to act a s the legal advisor of t h e Executive Department, t o represent the State in the Supreme Court in all capital felonies; and in all civil and criminal cases in any court when required by the Governor and to perform such other services a s shall be required of him by law.
SECTIONXI. DISTRICT ATTORNEY
Paragraph I. Number; term of office; vacancies. There shall be a district attorney for each judicial circuit, whose official term (except to fill a vacancy) shall be four years. The successors of present and subsequent incumbents shall be elected by the electors of t h e circuit wherein the district attorney is to serve, who are qualified to vote for members of t h e General Assembly, a t the general election held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation, or other cause shall be filled by appointment of the Governor, until the f i r s t day of J a n u a r y after the general election held next after t h e expiration of 30 days from the time such vacancy occurs, a t which election a successor for the unexpired term shall be elected.
[Editorial note: Paragraph I was altered by amendments ratified in 1966 and 1968.1
Paragraph 11. I t shall be the duty of the district attorney t o represent t h e State in all cases in the superior court of his circuit and in all cases taken up from the superior courts of his circuit t o the Supreme Court, and Court of Appeals and to perform such other services a s shall be required of him by law.
[Editorial note: Paragraph I1 was altered by an amendment ratified in 1968.1
Paragraph 111. Wherever the words "solicitor general" a r e used in any statute they shall be held and taken to mean the district attorney.
[Editorial note: Paragraph 111 was altered by an amendment ratified in 1968.1
SECTIONX I I . SALARIEOSF JUSTICESJ, UDGEANSD DISTRICTATTORNEYS
Paragraph I. Salaries of Justices, Judges and Dist?.ict Attorneys. The Justices of the Supreme Court each shall have out of the treasury of the State salaries of not less than $8,000 per annum; the Judges of the Court of Appeals each shall have out of the treasury of the State salaries of not less t h a n $8,000 per annum; the Judges of the Superior Courts each shall have out of the treasury of the State salaries of not less than $6,000 per annum and the District Attorneys shall each have out of the treasury of the State a salary of not less t h a n $250.00 per annum with the right of the General Assembly t o authorize any county t o supplement the salary of a judge of the Superior Court and District Attorney of the Judicial Circuit in which such county lies out of county funds: Provided, however, where such
49

Art. 6, Sec. 12, Par. 1
salary is, a t the time of the adoption of this Constitution, being supplemented out of county funds under existing laws, such laws shall remain in force until altered by the General Assembly; Provided, further, t h a t the Board of County Commissioners of Richmond County, or the Ordinary, or such other board or person as may from time to time have charge of the fiscal affairs of said county, shall without further legislative action continue to supplement from said County's treasury not less than the salary of t h e Judge of Superior Court of the circuit of which the said County of Richmond is a part, by the sum of Two Thousand ($2,000) Dollars per annum, which shall be in addition to t h e amount received by said judge out of the State treasury; and such payments a r e declared to be a p a r t of the court expenses of said County, and such payment shall be made to the judge now in office during his present or subsequent terms, as well as to his successors, with the authority in the General Assembly to increase such salary from the County treasury as above provided.
[Editorial note: This paragraph was altered by an amendment ratified in 1968.1
Paragraph 11. Power to Abolish or Reinstate Fees of District A t torney. The General Assembly shall have power, a t any time, by a majority vote of each branch, to abolish the fees a t present accruing to the office of district attorney in a n y particular judicial circuit, and in lieu thereof to prescribe a salary for such office, without regard to the uniformity of such salaries in the various circuits; and shall have the further power to determine what disposition shall be made of the fines, forfeitures and fees accruing to the office of district attorney in any such judicial circuit where the fees are abolished; and likewise shall have the further power, if i t so desires, to abolish such salary and reestablish such fees; but in either event, when so changed, the change shall not become effective until the end of the term to which the district attorney was elected.
[Editorial note: This paragraph was altered by an amendment ratified in 1968.1
SECTIONX I I I . QUALIFICATIONOSF JUSTICEJUS,DGEEST,C.
Paragraph I. A g e ; Citizenship; Practice of Law. No person shall be Justice of the Supreme Court, Court of Appeals, Judge of Superior Courts, or District Attorney, unless, a t the time of his election, he shall have attained the age of thirty years, and shall have been a citizen of the State three years, and have practiced law for seven years; and no person shall be hereafter elected district attorney, unless a t the time of his election he shall have attained twenty-five years of age, shall have been a citizen of the State f o r three years, and shall have practiced law for three years next preceding his election.
[Editorial n o t e : T h i s paragraph was altered by an amendment ratified i n 1968.1
P a r a g r a p h 11. Chief Justices Emeritus and Justices Emeritus of t h e Supreme Court; Judges Emeritus of the Court of Appeals; and Judges Emeritus of the Superior Courts shall be eligible to preside in or over the Supreme Court of Georgia, the Court of Appeals of Georgia and the Superior Courts of this State. The General Assembly shall
50

Art. 6, Sec. 13, Par. 2
prescribe the method or manner in which they may be called upon for temporary service.
[Editorial note: Paragraph I1 was added by an amendment ratified Nov. 6, 1956. The wording was changed to read as quoted by an amendment ratified on Nov. 4, 1958.1
SECTIONXIV. VENUE
Paragraph I. Divorce Case. Divorce cases shall be brought in the county where the defendant resides, if a resident of this s t a t e ; if t h e defendant be not a resident of this state, then i n t h e county in which the pIaintiff resides, provided, t h a t any person who has been a resident of a n y United States Army Post or military reservation within t h e S t a t e of Georgia f o r one year next preceding t h e filing of t h e petition may bring a n action f o r divorce in a n y county adjacent to said United States Army Post or military reservation.
Paragraph 11. Laitd Titles. Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, i n which case t h e Superior Court of either county shall have jurisdiction.
Paragraph 111. E q u i t y Cases. Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.
Paragraph IV. Suits Against Joint Obligors, Co-pavtners, Etc. Suits against joint obligors, joint promissors, co-partners, or joint trespassers, residing i n different counties, may be tried i n either county.
Paragraph V. Suits Against Maker, Endorser, Etc. Suits against the maker and endorser of promissory notes, or drawer, acceptor and endorser of foreign o r inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides.
Paragraph VI. All Other Cases. All other civil cases shall be tried in the county where the defendant resides, and all criminal cases shall be tried in the county where the crime was committed, except cases in the Superior Courts where the Judge is satisfied that an impartial jury cannot be obtained in such county.
SECTIONXV.
CHANGEOF VENUE
Paragraph I. Power to Change V e n u e . The power to change the venue in civil and criminal cases shall be vested in the Superior Courts t o be exercised i n such manner a s h a s been, or shall be, provided by law.

Art. 6, Sec. 16, Par. 1
SECTIONXVI. JURYTRIAL
Paragraph I. Right of Trial By Jury. The right of trial by jury, except where i t is otherwise provided in this Constitution, shall remain inviolate, but the General Assembly may prescribe any number, not less than five, to constitute a trial, or traverse jury, except in the superior court.
Paragraph 11. Selection of Jurors. The General Assembly shall provide by law for the selection of the most experienced, intelligent and upright men to serve as grand jurors, and intelligent and upright men to serve as traverse jurors. Nevertheless, the grand jurors shall be competent to serve as traverse jurors. The General Assembly shall have the power to require jury service of women also, under such regulations as the General Assembly may prescribe.
Paragraph 111. Compensation of Jurors. I t shall be the duty of the General Assembly by general laws to prescribe the manner of fixing compensation of jurors in all counties in this State.
SECTIONXVII. COUNTYCOMMISSIONERS
Paragraph I. Power to Create County Commissioners. The General Assembly shall have power to provide for the creation of county commissioners in such counties as may require them, and to define their duties.
SECTIONXVIII.
WHATCOURTSMAY BE ABOLISHED
Paragraph I. Power to Abolisl~ Courts. All courts not specially mentioned by name in the first section of this Article may be abolished in any county a t the discretion of the General Assembly.
Paragraph 11. Supreme Court Cost; Pauper Oath. The cost in the Supreme Court and Court of Appeals shall not exceed $15.00 until otherwise provided by law. Plaintiffs in error shall not be required to pay costs in said courts when the usual pauper oath is filed in the court below.
ARTICLE VII. FINANCE, TAXATION AND PUBLIC DEBT
Paragraph I. Taxation, a Sovereign Right. The right of taxation is a sovereign right-inalienable, indestructible-is the life of the State, and rightfully belongs to the people in all republican governments, and neither the General Assembly, nor any, nor all other departments of the Government established by this Constitution, shall ever have the authority to irrevocably give, grant, limit, or restrain this right;

Art. 7, Sec. 1, Par. 1
and all laws, grants, contracts, and all other acts, whatsoever, by said government, or any department thereof, to affect any of these purposes, shall be, and are hereby, declared to be null and void, for every purpose whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant or contract, whatsoever, by the General Assembly.
The power to t a x corporations and corporate property, shall not be surrendered or suspended by any contract, or grant to which the State shall be a party.
The General Assembly is hereby authorized to provide by law for the granting of funds to a county in which is located land belonging to the State consisting of a t least 20,000 acres from which such county receives no taxes. The General Assembly is authorized to provide in such law the procedure for determining the amount of funds and all other matters relative to any such grant.
[Editorial note: The last paragraph in Paragraph I was added by an amendment ratified Nov. 6, 1962.1
Paragraph 11. Taxing Power Limited.
1. The General Assembly shall not by vote, resolution, or order, grant any donation or gratuity in favor of any person, corporation or association.
The General Assembly is authorized to provide by law for the payment of two hundred and fifty thousand dollars ($250,000.00) to the first person, firm or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this State. Such well must produce a t least 100 barrels of oil per day, and the determination a s t o whether such well is producing this amount is hereby vested in the Director of the State Department of Mines, Mining and Geology. Said law shall provide for the distribution of said amount a s the General Assembly may by statute provide between the company or individual who drills or causes to be drilled said well, the contractor who furnishes the equipment, among such workmen and employees actually engaged in the job, and to the mineral and/or property owner where the well is drilled. The General Assembly shall provide for the method of payment by the Governor.
[Editorial note: The provisions authorizing a bounty for the first commercial oil well were added by a n amendment ratified Nov. 6, 1956.1
Notwithstanding any other provision of this Constitution, whenever the State Board of Vocational Education may be entitled to receive Federal funds made available under the Vocational Rehabilitation Act, 29 United States Code, Chapter 4, or any amendment thereto, said Board shall be authorized to receive and administer such funds in accordance with the terms of the grant, and where the grant so provides, may disburse said funds to non-profit corporations or associations which are engaged solely in the vocational rehabilitation of disabled persons, provided, however, that nothing in this paragraph shall be construed t o authorize the expenditure of any State funds until the same shall have been appropriated by the General Assembly.
[Editorial note: This paragraph was added in 1966.1

Art. 7, Sec. 1, Par. 2
2. The General Assembly shall not g r a n t or authorize extra compensation to any public officer, agent or contractor after the service has been rendered or the contract entered into.
The General Assembly is hereby authorized to provide by law f o r reimbursing t h e employees of the Game and Fish Commission who received a retroactive pay raise in 1966 and were subsequently required to remit the amount of said raise to t h e S t a t e Treasurer.
[Editorial note: The last sentence above was added in 1968.1
3. The levy of taxes on property f o r a n y one year by t h e General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, o r defending t h e S t a t e in time of war, shall not exceed one-fourth ( % ) mill on each dollar of the value of t h e property taxable in the State, provided, however, that until some other method permitted by t h e laws of t h e United States f o r the taxation of national banking associations or corporations i s enacted by the General Assembly f o r t h e taxation of t h e shares of stock of banking corporations and other monied capital coming into competition with such banking corporations, such property may be taxed a t a r a t e exceeding five ( 5 ) mills on each dollar of the value thereof.
[Editorial note: This sub-paragraph originally read as follows: "The levy of taxes on property for any one year by the General Assembly for all purposes. except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed f i v e ( 5 ) mills on each dollar of the value of the property taxable in the State."]
4. No poll t a x shall be levied to exceed one dollar annually upon each poll.
5. There i s hereby created a board t o be known a s t h e S t a t e Medical Education Board t o consist of five members, one of whom shall be the President of t h e Medical Association of Georgia, one of whom shall be t h e immediate past President of the Medical Association of Georgia, and three members t o be appointed b y t h e Governor, who shall be qualified electors of t h e S t a t e of Georgia. The members of the board shall hold office f o r a term of four years beginning on t h e f i r s t day of April, 1953, and every f o u r years therea f t e r t h e Governor shall appoint three members f o r a term of f o u r years, and shall appoint the President and the immediate past President of the Medical Association of Georgia pursuant to their position and office in those respective capacities. Vacancies shall be filled by appointment of t h e Governor f o r the unexpired term.
LEditorial note: This paragraph was altered by an amendment ratified in 1968.1
The members of the Board shall serve without pay but shall be allowed $20.00 per d a y expenses and traveling expenses of ten cents ( l o t ) per mile f o r attending meetings of t h e board or i n traveling elsewhere in t h e discharge of their duties requiring their absence f r o m their respective places of abode, same to be paid upon t h e approval of t h e Chairman or Vice-Chairman of the Board, out of any funds made available to said Board.
[Editorial note: This paragraph was altered by an amendment ratified in 1968.1
The secretary of the Board shall be whomsoever is serving a s t h e secretary of t h e Board of Regents, who shall keep t h e records and minutes of the proceedings of the Board and who shall also keep
54

Art. 7, Sec. 1,P a r . 2
the books, records and accounts of the Board, and whose compensation a s secretary of this Board shall be fixed by the Board. The secretary shall prepare and countersign all checks, vouchers and warrants drawn upon the funds of the Board, and the same shall be signed by the Chairman of the Board. The secretary shall also be the treasurer of the Board and shall keep a n account f o r all the funds of the Board, and shall execute and file with the Board a surety bond in the sum of $10,000.00, payable to t h e State of Georgia, and conditioned upon the faithful performance of his duties and t h a t he shall properly account for all funds coming into his hands as such secretary, the premium on such bond t o be paid out of the funds of the Board.
[Editorial note: This paragraph was altered by an amendment ratified in 1968.1
The board may employ clerical assistance a s is required and needed.
The board shall elect a chairman and also a vice-chairman to serve i n the absence or inability of the chairman. The board shall maintain a n office a t the Medical College of Georgia, and shall meet a t the said office or elsewhere a t least once each quarter a t such time as may be fixed by the board. Special meetings shall be held upon call of the chairman. Three members of the board shall constitute a quorum for the transaction of business, and the board shall keep full, complete and permanent minutes and records of all its proceedings and actions.
It shall be the duty of t h e board to receive and pass upon, allow or disallow all applications for loans or scholarships made by students who a r e bona fide citizens and residents of the State of Georgia and who desire to become doctors of medicine and who a r e acceptable for enrollment i n a qualified four-year medical school. The purpose of such loans shall be to enable such applicants to obtain a standard fouryear medical education which will qualify them to become licensed, practicing physicians within the State of Georgia. It shall be the duty of the board t o make a careful and full investigation of t h e ability, character and qualifications of each applicant and determine his fitness to become the recipient of such loan or scholarship, and for that purpose the board may propound such examination to each applicant which i t deems proper, and the said board may prescribe such rules and regulations as it deems necessary and proper to carry out the purpose and intention of this bill. The investigation of the applicant shall include a n investigation of the ability of the applicant, or of the parents of such applicant, to pay his own tuition a t such a medical school and the board in granting such loans and scholarships shall give preference to qualified applicants who, or whose parents, are unable to pay the applicant's tuition a t such a medical school.
The said board shall have authority to grant to each applicant deemed by the board to be qualified to receive the same, a loan or scholarship f o r the purpose of acquiring a medical education a s herein provided for, upon such terms and conditions to be imposed by the board a s provided f o r in this bill.
Applicants who are granted loans or scholarships by the Board shall receive a loan or scholarship not to exceed $10,000.00 to any one applicant to be paid a t such time and in such manner a s may be determined by the Board with which to defray the tuition and other expenses of any such applicant in any responsible, accepted and ac-
55

Art. 7, Sec. 1,Par. 2
credited four-year medical college or school in the United States. The loans and scholarship herein provided shall not exceed the sums herein stated, but they may be prorated in such manner a s to pay to the medical college or school t o which any applicant is admitted and such funds a s are required by t h a t college or school, and the balance to be paid direct to the applicant; all of which shall be under such terms and conditions a s may be provided under rules and regulations of the Board. The said loans or scholarships to be granted to each applicant shall be based upon the condition t h a t the full amount thereof shall be repaid to the State of Georgia in cash in full with 4% interest from the date of each payment by the State on such loan o r scholarship, same to be payable annually, the first annual payment to be due on or before one year from the date the applicant completes his internship, or same may be repaid to the S t a t e of Georgia in services to be rendered by the applicant by practicing his profession a t some place within the State of Georgia to be approved by t h e board. One-fifth of t h e loan or scholarship, together with interest thereon, shall be credited to the applicant for each year of practicing his profession in a community of 10,000 population or less, according to the United States Decennial Census of 1960 or any f u t u r e such decennial census, or a t Milledgeville State Hospital, Gracewood State School and Hospital, or a t any facility operated by or under the jurisdiction of the State Department of Public Health or a t any prison or detention camp or work camp operated under the jurisdiction of t h e State Board of Corrections, and no annual interest on the scholarship loan shall be paid during such practice or service. Credit for practice a t Milledgeville State Hospital, Gracewood State School and Hospital, or a t any facility operated by o r under the jurisdiction of the State Department of Public Health or a t any of the above facilities of the State Board of Corrections, shall be retroactive and shall apply to any applicants engaging in such practice a t any time. I n the event a n applicant has repaid any part of such loan o r scholarship f o r which he would otherwise have received credit for service, he shall be repaid whatever sum is necessary to take into consideration the credit he would have received. After the third full year of practice or services within this State a s herein provided, but not before, the said applicant shall be privileged, entirely a t the discretion of the Board, to pay off the balance of the scholarship o r loan, together with accrued interest thereon, and upon such payment shall be relieved from further obligations under his contract for loan or scholarship.
[Editorial note: This paragraph was altered by an amendment ratified in 1968.1
Each applicant before being granted a loan or scholarship shall enter into a contract with the State of Georgia, agreeing t o the terms and conditions upon which the loan or scholarship shall be granted to him, which said contract shall include such terms and provisions a s will carry out the full purpose and intent of this Act, and the form thereof shall be prepared and approved by the Attorney-General of this State, and shall be signed by t h e chairman of the board, countersigned by the secretary and shall be signed by the applicant. For the purposes of this Act the disabilities of minority of all applicants granted loans o r scholarships hereunder shall be and the same a r e hereby removed and t h e said applicants a r e declared to be of full lawful age f o r the purpose of entering into the contract hereinabove provided for, and such contract so executed by a n applicant is hereby declared to be

Art. 7, Sec. 1,Par. 2
a valid and binding contract the same as though the said applicant were of the full age of 21 years and upward. The board is hereby vested with full and complete authority and power to sue in its own name any applicant for any balance due the board on any such contract.
I t shall be the duty of the board to contact and make inquiry of such of the four-year medical colleges and schools a s herein provided as i t deems proper, and make such arrangements and enter into such contracts, within the limitations as to cost as herein provided, for the admission of students granted loans or scholarships by the board, such contracts to be approved by the Attorney-General of this State, and the money obligations of such contract as made by the board with any such colleges shall be paid for out of funds to be provided by law for such purposes, and all students granted loans or scholarships shall attend a medical school with which the board has entered into a contract, or any accredited four-year medical school or college in which said applicant may obtain admission, and which is approved by the board.
The board shall have authority to cancel any contract made between it and any applicant for loans or scholarships upon cause deemed sufficient by the board. And the board shall have authority to cancel such contracts which it may lawfully cancel made with any of the colleges or schools as herein provided.
All payments of funds for loans or scholarships hereunder shall be made by requisition of the board signed by the chairman and the secretary directed to the auditor of public accounts, who shall thereupon issue a warrant on the treasury of the State of Georgia for the amount fixed in the requisition and payable to the person designated thereon, which said warrant upon presentation shall be paid by the treasurer out of any funds appropriated by the legislature for the purposes provided for under this Act.
All funds made available to the board by Act of the legislature for the purpose of defraying expenses of the board and the salaries of its secretary and employees shall be paid over and received by the treasurer of this board and by him deposited in some solvent bank within the State of Georgia, selected by the board, and such funds may be drawn and expended by check or warrant signed by the chairman and attested by the secretary.
The board shall make a biennial report to the legislature a t each session thereof of its activities, loans or scholarships granted, names of persons to whom granted and the institutions attended by those receiving the same, the location of the applicants who have received their education and become licensed physicians and surgeons within this State as a result of the said loans and/or scholarships, and where they are practicing, and shall make a full report of all its expenditures for salaries and expenses incurred hereunder.
It is the purpose and intent of this bill to bring about an adequate* supply of doctors of medicine in the more sparsely populated areas of the State of Georgia by increasing the number of medical students from Georgia in the various medical schools, and inducing a sufficient number of the graduates from medical sChools to return to Georgia
57

Art. 7, Sec. 1,P a r . 2
and practice their profession, thus affording adequate medical care t o the people of Georgia.
Section 1-A. The Director of t h e Department of Public Health, with the approval of t h e S t a t e Board of Health, is hereby authorized t o extend scholarships to physicians and other personnel to take post graduate courses in the various schools and clinics in the United States so a s to enable them to be better qualified in the diagnosis, care and treatment of mental illness. A s a prerequisite to t h e g r a n t of such scholarship, t h e recipient thereof must agree t o actively engage i n the practice of his profession i n a hospital operated by t h e S t a t e of Georgia, under t h e supervision of t h e S t a t e of Georgia, or a t some place approved by the authority granting the scholarship, on the basis of one year of service f o r each year of training received. The remedies f o r the enforcing of service required shall be t h e same a s provided for medical grants and scholarships and such other remedies a s may be provided by law.
[Editorial note: Subparagraph 5 relating to the State Medical Education Board was added by an amendment ratified on November 4. 1952. This subparagraph was amended in 1960, 1962, 1964, and 1966.1
6. The Board of Regents of t h e University System of Georgia shall have the authority to grant to qualified students, who are citizens and bona fide residents of the S t a t e of Georgia and who would not otherwise have available the funds necessary to obtain an education, such scholarships a s a r e necessary f o r them to complete programs of study offered by institutions of t h e University System of Georgia, with t h e exception of the program leading t o t h e degree of Doctor of Medicine. The terms and conditions thereof shall be prescribed and regulated by the Board of Regents b u t shall include t h e condition t h a t recipients of such scholarships shall, upon t h e completion of their programs of study, reside i n t h e S t a t e of Georgia and engage i n activities f o r which they were prepared through t h e scholarships f o r a period of one year f o r each $1,000 received. The General Assembly shall appropriate such funds t o t h e Board of Regents of t h e University System of Georgia a s i t sees f i t i n order to c a r r y out t h e purposes of this provision.
I t shall be t h e duty of t h e Board of Regents to receive and pass upon, allow or disallow, all applications for scholarships; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate, and control all funds appropriated for this purpose.
[Editorial note: Subparagraph 6 was added by an amendment ratified on November 4, 1958.1
7. State Departments and Agencies of the State Government of Georgia shall have the authority to disburse State funds to match Federal funds in order to provide qualified employees with graduate or post graduate educational scholarships and for use in other Federal Education Programs. The terms and conditions thereof shall be prescribed and regulated by the various departments and agencies granting the scholarships but shall include the condition that personnel to whom these scholarships a r e extended must, a s a prerequisite thereto agree to work for the department or agency granting the scholarships for a t least two years for each year spent in study or refund the money received for said scholarships pro rata. Provided further t h a t no additional appropriation shall be made by the Gen-
58

Art. 7, See. 1,Par. 2
era1 Assembly t o finance such scholarships, b u t t h e same shall be financed from the regular appropriations to the various State departments and State agencies. It shall be t h e duty of the various State departments and State agencies to receive and pass upon, allow or disallow all applications for scholarships in accordance with rules and regulations prescribed by them; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate and control all funds used for this purpose.
[Editorial note: Subparagraph 7 was added by an amendment ratified on Nov. 4, 1958.1
8. The S t a t e Board of Education shall have t h e authority to g r a n t to citizens who are interested in becoming teachers and who are bona fide residents of t h e S t a t e of Georgia such scholarships a s a r e necessary f o r them to complete programs of study in preparation for teaching. The terms and conditions thereof shall be prescribed and regulated by t h e S t a t e Board of Education but shall include the condition t h a t recipients of such scholarships shall, upon t h e completion of their programs of study, teach in t h e public schools of Georgia f o r a period of one year f o r each $1,000 received, and include the further provision that any person using any such scholarship shall teach i n t h e public schools of Georgia f o r a t least three years in any event.
The General Assembly shall have the authority to appropriate such funds to t h e S t a t e Board of Education a s i t deems wise and proper to c a r r y out the purposes of this provision.
I t shall be t h e duty of the S t a t e Board of Education to receive and pass upon, allow or disallow all applications for scholarships for teachers, to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate and control all funds appropriated for this purpose.
[Editorial note: Subparagraph 8 was added by an amendment ratified on Nov. 4. 1958.1
9. There shall be a S t a t e Dental Education Board of Georgia, which is authorized to grant loans or scholarships to students who a r e citizens and residents of t h e S t a t e of Georgia, and who desire to become dentists. The appointment of members of said S t a t e Dental Education Board of Georgia, their qualifications, t e r m s of office, powers, duties, functions and authority; and t h e provision of funds to carry out the purposes provided for herein shall be a s enacted and appropriated by t h e General Assembly of t h e S t a t e of Georgia.
[Editorial note: Subparagraph 9 was added by an amendment ratified Nov. 8 , 1964.1
The General Assembly is hereby authorized to provide by law a State Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program to provide for the granting of scholarships to students desiring to study courses i n t h e para-medical, professional or educational fields. The General Assembly is hereby authorized to provide for the duties, powers, authority, jurisdiction and composition of a n y such commission and i s authorized to provide for all other matters relative to the purposes provided for herein.
The General Assembly is hereby authorized to provide by law for
59

Art. 7,Sec. 1.Par. 2
a program to grant scholarships or other assistance to the children of law enforcement officers, firemen and prison guards, who are permanently disabled or killed in the line of duty, to enable such children to acquire an education beyond the 12th grade, or to enable such children to attend a vocational-technical school. The General Assembly shall be further authorized to provide by law for the terms and conditions for granting such scholarships or other assistance and shall provide that the program established in pursuance of this amendment shall be administered by the State Scholarship Commission or the Higher Education Assistance Corporation, a s the General Assembly shall determine. The General Assembly is hereby further authorized to appropriate any funds i t deems necessary for the purpose of carrying out the provisions of this amendment.
The General Assembly is hereby authorized and empowered to appropriate any amount of funds i t deems necessary for the purposes of implementing any Act which becomes law a s authorized by this provision.
[Editorial note: The last three paragraphs were added in 1964 and 1968.1
The General Assembly is hereby authorized to appropriate funds to any State department or other State agency for the purpose of being used to obtain funds from the Federal Government for educational scholarships, educational loans and other educational purposes and all such State departments and other State agencies shall be authorized to use the funds so appropriated and the funds received from the Federal Government for the purposes authorized and directed by the Federal Government in making such funds available.
[Editorial note: The paragraph relating to the appropriation of funds to obtain federal funds was added by an amendment ratified Nov. 8. 1966.1
The General Assembly is hereby authorized to provide by law for a program of guaranteed student loans and for the payment of interest on such loans, which loans shall be used for the purpose of acquiring an education beyond the twelfth (12th) grade. The General Assembly is authorized to create an authority, a corporation or other entity for the purpose of administering any such law. Such law shall provide the agencies which may participate in any such loan program which may include commercial banks, savings banks, savings and loan associations, life insurance companies, credit unions, and retirement and pension systems. Such law shall provide a maximum rate of interest which may be charged for such loans and shall provide a portion of such interest which will be paid by the State. State funds may be expended for such purposes and the General Assembly is hereby authorized to appropriate money therefor. The General Assembly is also authorized to provide that contributions for the purposes provided herein shall be deductible for State income tax purposes. The General Assembly is also authorized to provide for such tax exemptions a s shall be deemed advisable in connection with such program. The General Assembly is hereby authorized to provide for all other matters relative to the purposes provided for herein.
[Editorial note: The provisions relating to guaranteed student loans was added by an amendment of Nov. 3, 1964.1
The General Assembly is hereby authorized to provide by law for the issuance of revenue bonds for the purpose of making direct loans
60

Art. 7, Sec. 1, Par. 2
to students in order to allow such students to acquire an education beyond the 12th grade. The amount of such revenue bonds that may be outstanding a t any one time, the interest rates, terms and conditions associated with the issuance of such bonds and all other matters relating to the issuance of such bonds shall be a s the General Assembly shall provide by law. Such bonds shall be retired by the proceeds derived from the repayment of such student loans plus the interest, which may be such rate or rates as the General Assembly shall determine, on such loans in such manner and under such terms and conditions as the General Assembly shall determine. To the extent necessary to secure the issuance and sale of such bonds, such bonds may be retired from State funds in such manner as the General Assembly shall determine, any other provisions of this Constitution to the contrary notwithstanding.
[Editorial note: This paragraph was added in 1068.1
Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the indemnification with respect to death, personal injury or property damage sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in assisting a peace officer in prevention of a crime or apprehension of a criminal. Such law may provide for the method of payment of such indemnification and all other matters relative to the purposes herein provided. The General Assembly is hereby authorized to appropriate State funds for the payment of such indemnification and for the purpose of implementing any law as authorized by this paragraph.
[Editorial note: The last paragraph, which deals with idemnification, was added by an amendment ratified Nov. 8, 1966.1
Notwithstanding any other provisions of this Constitution, whenever the State Board of Vocational Education may be entitled to receive Federal funds made available under the Vocational Rehabilitation Act, 29 United States Code, Chapter 4, or any amendment thereto, said Board shall be authorized to receive and administer such funds in accordance with the terms of the grant, and where the grant so provides, may disburse said funds to non-profit corporations or associations which are engaged solely in the vocational rehabilitation of disabled persons provided, however, that nothing in this paragraph shall be construed to authorize the expenditure of any State funds until the same shall have been appropriated by the General Assembly.
[Editorial note: The last paragraph, which deals with vocational rehabilitation, was added by an amendment of Nov. 8. 1966.1
Notwithstanding - any other provisions of this Constitution, The D e ~ a r t m e n tof Industry and Trade, in order to make Georgia compe6itive with other states in securing new business, industry and tourism, is hereby authorized to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting a t the request of the Department to discuss the location or development of new business, industry or tourism within the State. All such expenditures shall be verified by vouchers showing the date, place, purpose and persons for whom such expenditures were made. The State Auditor

Art. 7, Sec. 1, P a r . 2
shall conduct a n audit of such expenditures a t least every six months.
[Editorial note: This paragraph was added in 1968.1
The General Assembly is authorized to provide by law for grants or scholarships t o citizens of Georgia who a r e students attending colleges or universities i n this S t a t e which a r e not branches of t h e University System of Georgia. The General Assembly shall provide the procedures under which such grants or scholarships shall be made and is authorized to provide appropriations for such purposes.
[Editorial note: This paragraph was added in 1970.1
Any other provisions of t h i s Constitution to t h e contrary notwithstanding, the General Assembly is hereby authorized to provide by law, from time to time, f o r t h e increase of retirement or pension benefits of retired persons who retired pursuant to a n y retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law to which the General Assembly appropriates funds. The General Assembly shall be authorized to appropriate f u n d s f o r t h e purpose of increasing t h e retirement o r pension benefits of such retired persons.
[Editorial note: This paragraph was added in 1970.1
Paragraph 111. U n i f o r m i t y ; Classification of Property. All taxes shall be levied and collected under general laws and f o r public purposes only. All taxation shall be uniform upon t h e same class of subjects within the territorial limits of t h e authority levying t h e tax. Classes of subjects f o r taxation of property shall consist of tangible property and one or more classes of intangible personal property including money. The General Assembly shall have the power to classify property including money for taxation, and to adopt different rates and different methods f o r different classes of such property.
Notwithstanding anything to the contrary contained in this paragraph, the General Assembly shall be authorized to enact legislation treating any and all motor vehicles, including trailers, a s a separate class from other classes of tangible property f o r ad valorem property tax purposes, and to adopt different rates, methods or assessment dates f o r t h e taxation of such property, and t o enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their f a i r share of ad valorem taxes on said motor vehicles.
[Editorial note: The last sentence in Paragraph 111 was added by an amendment ratlfled on Nov. 3, 1964.1
Paragraph IV. E x e m p t i o n s F r o m Taxation. The General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial and all property owned by religious groups used only f o r residential purposes and from which no income is derived ; all institutions of purely public charity; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of religious, educational and charitable institutions, no p a r t of the net profit from the operation of which can inure to t h e benefit of a n y private person; all buildings erected f o r and used a s a college, incorporated academy or other seminary of learning, and also all funds or property held or used a s endowment by such colleges, incorporated academies or seminaries of learning, provided t h e
62

Art. 7, Sec. 1, P a r . 4
same is not invested in real estate; and provided, further, that said exemptions shall only apply to such colleges, incorporated academies or other seminaries of learning a s a r e open t o t h e general public; provided further, that all endowments to institutions established for white people, shall be limited to white people, and all endowments to institutions established f o r colored people, shall be limited to colored people; t h e real and personal estate of any public library, and t h a t of a n y other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and s t a t u a r y of any company or association, kept i n a public hall and not held a s merchandise or f o r purposes of sale or g a i n ; provided the property so exempted be not used f o r t h e purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or t o other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, o r f o r either one or more of such purposes and f o r the purpose of maintaining and operating such institution; this exemption shall not apply to real estate or buildings other than those used f o r the operation of such institution and which is rented, leased or otherwise used f o r t h e primary purpose of securing a n income thereon; and also provided t h a t such donations of property shall not be predicated upon a n agreement, contract or otherwise t h a t the donor or donors shall receive or retain any part of the net o r gross income of t h e property. The General Assembly shall further have power to exempt from taxation farm products, including baled cotton grown in this State and remaining in the hands of t h e producer, but not longer t h a n f o r t h e year next a f t e r their production.
[Editorial note: The phrase "and all property owned by religious groups and used only for residential purposes and from which no income is derived" was added b y an amendment ratified on Nov. 2, 1954.1
The General Assembly is hereby authorized to provide by law that all personal clothing and effects, household furniture, furnishings, equipment, appliances and other personal property used within the home, if not held for sale, rental o r other conmercial use, shall be exempt from all ad valorem taxation. The General Assembly i s further authorized to provide by law t h a t all tools and implements of t r a d e of manual laborers and domestic animals shall be exempt from State, county, municipal and school district ad valorem taxes, in a n amount not to exceed $300.00 in actual value.
[Editorial note: This paragraph was amended in 1910.1
The homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long a s actually occupied by the owner primarily a s such, but not to exceed $2,000.00 of i t s value, is hereby exempted f r o m all ad valorem taxation f o r State, County and school purposes, except taxes levied by municipalities for school purposes and except to pay interest on and retire bonded indebtedness, provided, however, should t h e owner of a dwelling house on a farm, who is already entitled to homestead exemption, participate in the program of r u r a l housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption a s allowed before making such contract. The General Assembly may from time to time lower said exemption to not less than $1,250.00. The value of all prop-
63

Art. 7, Sec. 1,Par. 4
erty in excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly. The exemption herein provided for shall not apply to taxes levied by municipalities.
All cooperative, non-profit, membership corporations organized under the laws of this State for the purpose of engaging in rural electrification, as defined in sub-section 1 of Section 3 of the Act approved March 30, 1937, providing for their incorporation, and all of the real and personal property owned or held by such corporations for such purpose, are hereby exempted from all taxation, state, county, municipal, school district and political or territorial subdivisions of the State having the authority to levy taxes. The exemption herein provided for shall expire December 31, 1961.
There shall be exempt from all ad valorem intangible taxes in this State, the common voting stock of a subsidiary corporation not doing business in this State, if a t least ninety per cent of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or is held for the purpose of enabling the parent company to carry on some part of its established line of business through such subsidiary.
All laws exempting property from taxation, other than the propert y herein enumerated, shall be void.
The legislature may exempt from taxation intangible personal property owned by a trust forming a p a r t of a pension, profit sharing or stock bonus plan if such trust is exempt from Federal income tax under Section 165( a ) of.the Federal Internal Revenue Code. Existing laws exempting such property from taxation are hereby ratified.
[Editorial note: This paragraph was added by an amendment of 1952.1
Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $12,500.00 on his homestead, which he owns and which he actually occupies a s a residence and homestead, such exemption being from all ad valorem taxation for State, county, municipal and school purposes. The value of all property in excess of the above exempted amount shall remain subject to taxation. The term "disabled veteran," a s used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled, as a result of such service in the armed forces, due to loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheel chair, or blindness in both eyes, having only light perception, plus loss or loss of use of one lower extremity, or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion a s to preclude locomotion without resort to a wheelchair.
[Editorial note: The paragraph on disabled veterans, added in 1968, was amended in 1964. 1968, and 1970.1
Each person who is 65 years of age or over is hereby g r a n t 4 an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him as a residence
64

Art. 7, Sec. 1, Par. 4
if his net income, together with the net income of his spouse who also occupies and resides a t such homestead, a s net income is defined by Georgia law, from all sources, including any federal old-age, survivor or disability insurance benefits or benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, does not exceed $4,000.00 for the immediately preceding taxable year for income tax purposes. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files an affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the latest taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption a s will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, a s the same now exists or may hereafter be amended, shall apply thereto. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1968.
[Editorial note: This paragraph was added in 1964 and amended in 1968.1
The General Assembly shall have the authority to provide for the exemption from any and all taxation any facilities which shall be installed or constructed for the primary purpose of eliminating or reducing air or water pollution. The General Assembly is further authorized to provide for the manner in which such exemptions shall be granted and to prescribe the prerequisites which shall be required to be met before any such exemption shall be granted, including the designation of any appropriate state agency or organization to which the General Assembly shall be authorized to delegate any and all powers necessary and appropriate to carry out the purposes and responsibilities of this paragraph.
[Editorial note: This last paragraph, which deals with facilities to reduce air or water pollution. was added by an amendment ratified Nov. 8, 1966.1
The exemptions granted to the homestead within this Paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners a s a residence. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall claim the exemptions granted by this Paragraph in the manner herein provided.
[Editorial note: This paragraph was added in 1970.1
Paragraph V. Exemptions of Certain Industries Continued. Existing
66

Art. 7, Sec. 1, P a r . 5
exemptions under the amendment to the Constitution providing for the exemption of certain industries from taxation appearing i n Acts of the General Assembly of 1923, e x t r a session, page 67, ratified November 4, 1924, shall continue of force until t h e expiration of t h e term for which granted.
SECTION11.
Purposes and Method of Taxation
Paragraph I. Taxation, How and For W h a t Purposes Exercised. The powers of taxation over t h e whole S t a t e shall be exercised by the General Assembly for the following purposes only:
1. F o r the support of the S t a t e Government and the public institutions.
2. For educational purposes.
3. To pay the principal and the interest on the public debt, and to provide a sinking fund therefor.
4. To suppress insurrection, t o repel invasion, and defend t h e S t a t e in time of war.
5. To make provision f o r t h e payment of pensions to ex-Confederate soldiers and to t h e widows of Confederate soldiers who a r e unmarried.
6. To construct and maintain S t a t e buildings and a system of S t a t e highways, airports, and docks.
7. To make provision f o r t h e payment of old-age assistance to aged persons in need, and f o r t h e payment of assistance t o t h e needy blind, and to dependent children and other welfare benefits; provided that no person shall be entitled to the assistance herein authorized, who does not qualify for such provisions in every respect, in accordance with enactments of the General Assembly, which may be in force and effect, prescribing the qualifications for beneficiaries hereunder: Provided no indebtedness against the State shall ever be created f o r the purpose herein stated, in excess of the taxes lawfully levied each fiscal year under Acts of t h e General Assembly authorized hereunder for such purposes.
7-A. In order to extend t o the employees of t h e State, a n y department of the State, a n y S t a t e institution or political subdivisions of the State, and to the dependents and survivors of such employees, the basic protection accorded others by the old age and survivors insurance program embodied under the Social Security Act. (Act of Congress approved August 14, 1935, 49 Stat. 620, officially cited a s the "Social Security Act," a s such Act has been and may from time to time be amended), and the Federal Insurance Contributions Act (as set forth i n sub-chapter A of Chapter 9 of t h e Federal Internal Revenue Code, a s such Code has been and may from time to time be amended), the General Assembly is authorized to enact such legislation a s may be necessary t o insure the coverage to employees of t h e State, a n y department of t h e State, a n y S t a t e institution or political subdivisions of t h e State, and t h e dependents and survivors of such employees under said Social Security Act a s the same has been or may be amended and t h e Federal Insurance Contributions Act a s the same h a s been or may be amended; and a n y provisions of this Constitution
66

Art. 7, Sec. 2, Par. 1
notwithstanding t h e S t a t e f o r and on behalf of itself, i t s departments, institutions or political subdivisions is hereby authorized to enter into agreements with the Federal Security Administrator or other appropriate official of t h e United States Government under t h e provisions of said Social Security Act a s the same h a s been o r may hereafter be amended in the manner a s provided therein and as provided by the General Assembly. The Teacher Retirement System of Georgia and t h e Employees Retirement System of Georgia shall have the powers and duties as provided by law existing a t the time of the adoption of this provision of t h e S t a t e Constitution together with such further powers and duties as may be hereafter provided by law.
[Editorial note: Subparagraph 7-A, above, was added by an amendment of 1952.1
8. To advertise and promote the agricultural, industrial, historic, recreational and n a t u r a l resources of t h e State of Georgia.
9. F o r public health purposes.
10. Public transportation of passengers f o r hire is a n essential governmental function and a public purpose f o r which t h e power of taxation by the State may be exercised and its public funds expended, provided, however, t h a t t h e S t a t e of Georgia shall not provide more t h a n 10 per cent of t h e total cost, either directly or indirectly. The General Aseembly is authorized t o provide f o r t h e implementation of this provision including t h e g r a n t i n g of public funds t o any public corporation or Authority established by the General Assembly for the performance of t h e aforesaid function and purpose, or contracting, through appropriate departments o r instrumentalities of S t a t e government, with any such public corporation or Authority established by t h e General Assembly f o r performance of t h e aforesaid function and purpose.
[Editorial note: Subparagraph 10 was added in 1966.1
10-A. F o r school lunch purposes.
[Editorial note: Subparagraph 10-A was added in 1968.1
P a r a g r a p h I-A. P r o m o t i o n of agricultural and o t h e r products; f i n a n c i n g ; disposition of f u n d s . Any other provision of this Constitution to the contrary notwithstanding, the General Assembly may provide f o r t h e promotion of the production, marketing, sale, use and utilization, processing and improvement of any one or all of t h e agricultural products including, but not limited to, registered livestock and livestock products, poultry and poultry products, timber and timber products, fish and sea food, and the products of t h e f a r m s and forests of this State. The General Assembly may provide f o r t h e promotion of such products individually, collectively, or i n any combination thereof. The General Assembly may provide that such a program including provisions for quality and/or product control may be instituted, continued or terminated by a specified vote of the producers of the product or products affected participating in a referendum submitting such proposal for their approval. The General Assembly may create instrumentalities, public corporations, authorities and commissions, to administer such programs and may provide a means of financing any such promotion by authorizing such bodies to impose, raise, lower or repeal assessments, fees or other charges upon t h e sale or processing of the affected products,
67

Art. 7, Sec. 2, Par. 1-A
and to collect the same, after approval by a specified vote of the producers of the affected product in a referendum, and may authorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program without the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General Assembly may provide for the supervision of any such program by the Department of Agriculture. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected products.
[Editorial note: Paragraph I-A was added in 1960 and amended in 1968.1
Paragraph I-A [A]. In order to fully comply with that certain Act of the Congress of the United States, known as Public Law 89-285, 89th Congress, S.2084, approved October 22, 1965, and which said Public Law amended Section 131 of Title 23, United States Code, and revised the same so a s to provide for the "Control of Outdoor Advertising" on the Interstate or Primary Systems of Federal-Aid Highways; provided for bonus payments to the States complying with such public law, and also provided penalties for non-compliance; and which said described Public Law further amended Chapter 1 of Title 23 of said United States Code by adding thereto a new Section to provide for the "Control o f J u n k Yards," on such Interstate and Primary Systems of Federal-Aid Highways, and provided that Federal funds available to the States for highway purposes should be reduced by 20 percent for failure to comply with such provisions; and which said Public Law further amended and revised Section 319 of Title 23 of said United States Code so as to provide for a "Landscaping avtd Scenic Enhancement", and which amendment and revision of said Section provided for a bonus of 3 percent of Federal funds, otherwise available to the State, as an incentive for compliance with said provision of said Public Law; and, in order to promote the reasonable, orderly, and effective display of Outdoor Advertising, in accordance with the provisions of said described Act of Congress of the United States, and consistent with the purposes of this provision of the Constitution, the State of Georgia, acting by and through the State Highway Department of Georgia, is hereby authorized to acquire, either by negotiation or through the exercise of the Power of Eminent Domain, upon the payment of just and adequate compensation, easements or other interests in private property, for the purpose of acquiring the title to and the right to remove, or require removal, of any billboards or other outdoor advertising which may exist upon such property a t the time of the ratification of this amendment, and within a distance of 660 feet of the nearest edge of the right-of-way line of any State-Aid highway, which is a part of the Interstate or Primary System of Federal-Aid Highways,-provided, however, that, as to any such advertising sign, display, or device, lawfully in existence upon any of such described highways on September 1, 1965, the owner of such advertising sign, display, or device
shall not be required to remove the same until July 1, 1970; and, as to such described sign, the provision of this amendment shall not
become effective until said date of July 1, 1970, except that the State may acquire the right to remove the same by voluntary negotiation
with the owner thereof.
68

Art. 7, Sec. 2, Par. l-A ( A )
The State, acting by and through the State Highway Department of Georgia, shall be further authorized to acquire, either by negotiation or through the exercise of the Power of Eminent Domain, upon payment of just and adequate compensation, easements or other interest in land within a distance of 1,000 feet of the nearest edge of the right-of-way line of any State-Aid road, which is a p a r t of t h e Federal Interstate or Primary Systems of Highways, for the purpose of requiring the owners of junk yards existing upon such property to remove the same, or to screen them from public view, in accordance with regulations which the State Highway Board of Georgia is hereby authorized to make and publish in such respect, which regulations shall conform to and comply with such described Public Law;-provided, however, that any junk yard, which was in existence on the date of the approval of said described Public Law, on October 22, 1965, and which the Director of the State Highway Department finds as a practical matter cannot be screened, and which finding is approved by the Secretary of Commerce, acting by and through the United States Bureau of Public Roads, in accordance with sub-paragraph (h) of Title I1 of said Public Laws, t h e owner of such described ,junk yard shall not be required to remove the same until July 1, 1970; and the provisions of this amendment, under such described circumstances, shall not be applicable except that the State Highway Department shall be authorized to acquire the right to remove said junk yard, or to screen the same in accordance with the requirements of said Public Law by voluntary negotiation; and with the further exception t h a t where the Secretary of Commerce, acting by and through the United States Bureau of Public Roads, refuses to approve the continued maintenance of such junk yard until July 1, 1970, the provisions of this Act shall become immediately applicable upon a proper certificate being made and entered by the Director of the State Highway Department, showing the fact of such refusal.
The necessity for such acquisition, as set forth in the preceding paragraphs of this Section, a s a p a r t of t h a t portion of the StateAid System of Public Roads, which a r e also a p a r t of the Federal Interstate or Primary System, is hereby declared, in order to avoid the loss of large sums of money which would be otherwise granted to the State in the construction and maintenance of such Road System by the United States Government.
The General Assembly shall have full authority to zone property within a distance of 1,000 feet of the nearest edge of the right-of-way line of a n y State-Aid Road, which is also a p a r t of the Federal Interstate System or Primary System, for commercial or industrial purposes; and in respect thereto, to also zone such property in respect to the location of advertising signs, displays, or devices; or in respect to the establishment, removal, or control of junk yards; and to provide for rules and regulations governing both advertising and junk yards; all in conformance to and in compliance with the provisions of said Public Law of the United States Congress.
The General Assembly shall have full authority to enact such legislation a s will enable this State, acting by and through the State Highway Department of Georgia, to fully comply with Title I11 of said described Public Law, and in respect to "Lamlscaping and
69

Art. 7, Sec. 2, Par. 1-A (A)
Scenic Enhancement"; and in such manner as to enable this State to take advantage of t h e bonus payment to the S t a t e from t h e Federal Government, as provided for in said Title.
[Editorial note: Subparagraph A [A] dealing with highway beautification was added by an amendment ratified Nov. 8, 1966.1
Paragraph 11. Teacher Retirement System-Taxation For. The powers of taxation may be exercised by t h e S t a t e through the General Assembly and by counties and municipalities, f o r the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems; provided no indebtedness against the State shall ever be created f o r the purpose herein stated i n excess of the taxes lawfully levied each fiscal year under Acts of t h e General Assembly authorized hereunder.
P a r a g r a p h 11-A. The General Assembly i s hereby authorized t o provide by law f o r the creation of a n actuarially sound, participating retirement system f o r all employees of public schools who a r e not covered by the Teachers' Retirement System including, but not limited to, school bus drivers, school lunch-room personnel, school maintenance personnel and school custodial personnel. The General Assembly is further authorized to provide in said Act creating such retirement system, or in a n y amendatory Acts thereto, f o r the expenditure of S t a t e funds and the funds of county and independent boards of education in support of said retirement system, in such manner a s the General Assembly shall determine.
[Editorial note: Paragraph 11-A was added in 1968.1
Paragraph 111. Reweme to Be Paid Into General Fund. All money collected from taxes, fees and assessments for State purposes, a s authorized by revenue measures enacted by the General Assembly, shall be paid into t h e General F u n d of t h e S t a t e Treasury and shall be appropriated therefrom, a s required by this Constitution, f o r t h e purposes set out in this Section and f o r these purposes only.
Paragraph IV. T a x Returns of Public Utilities. The General Assenibly may provide f o r a different method and time of returns, assessments, payment and collection of ad valorem taxes, of public utilities, but not a greater basis of value or a t a higher r a t e of t a x a tion than other properties.
Paragraph V. The powers of taxation may be exercised by the State through the General Assembly, and the counties and municipalities, for t h e purpose of paying pensions and other benefits and costs under a firemen's pension system or systems. The taxes so levied may be collected by such firemen's pension system or systems and disbursed therefrom by authority of t h e General Assembly f o r t h e purp0s.s herein authorized.
[Editorial note: Paragraph V was added by an amendment ratified on November 2, 1954.1
Paragraph VI. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law f o r the granting of S t a t e funds to the municipalities of Georgia, in such manner and form and under such procedure a s the General Assembly may prescribe. The General Assembly is also authorized but not directed, to provide the purpose or purposes for

Art. 7, Sec. 2, Par. 6
which such funds may be expended by the municipalities. The General Assembly is hereby authorized to exercise the power of taxation over the entire State in order to carry out the provisions of this Paragraph.
[Editorial note: Paragraph VI was added by an amendment ratified on November 8, 1960.1
Paragraph V I [A]. The General Assembly shall have the power to create an Industrial Development Commission to make loans, to be secured by second mortgages, to such industrial development agencies as the Industrial Development Commission may select: Provided, that said agencies shall have raised sufficient capital and secured commitments for additional financing, which, in addition to the loan to be extended by said Commission, will adequately insure the completion of said project. The powers of taxation may be exercised through the General Assembly in order to implement and carry out the purposes for which said Commission is to be created.
[Editorial note: Paragraph VI [A] was added by an amendment ratified on November 8 , 1960.1
SECTION111. STATEDEBT
Paragraph I. Purposes F o r W h i c h C o ~ ~ t r a c t e dN.o debt shall be contracted by, or on behalf of, the State, except to supply such temporary deficit as may exist in the treasury in any year for necessary delay in collecting the taxes of t h a t year, to repel invasion, suppress insurrection and defend the State in time of war, o r to pay the existing public debt; but the debt created to supply deficiencies in revenue shall not exceed, in the aggregate, five hundred thousand dollars, and any loan made f o r this purpose shall be repaid out of the taxes levied for the year in which the loan is made. However, said debt may be increased in the sum of three million, five hundred thousand dollars for the payment of the public school teachers of the State only. The principal amount borrowed for payment of teachers shall be repaid each year out of the common school appropriation, and the interest paid thereon shall be paid each year out of the general funds of the State.
Paragraph 11. Bonded Debt Increased, W h e n . The bonded debt of the State shall never be increased, except to repel invasion, suppress insurrection or defend the State in time of war.
Paragraph 111. F o r m of L a w s to Borrow Money. All laws authorizing the borrowing of money by or on behalf of the State shall specify the purpose f o r which the money is to be used and the money so obtained shall be used for the purpose specified and for no other.
Paragraph IV. S t a t e A i d Forbidden. The credit of the State shall not be pledged or loaned to any individual, company, corporation or association and the State shall not become a joint owner or stockholder in or with, any individual, company, association or corporation.
Paragraph V. Assunzption of Debts Forbidden. The State shall not assume the debt, nor a n y p a r t thereof, of any county, municipal
71

Art. 7, Sec. 3, P a r . 5
corporation o r political subdivision of t h e State, unless such debt be contracted to enable the State to repel invasion, suppress insurrection or defend itself in time of w a r : Provided, however, t h a t t h e amendment to the Constitution proposed by the General Assembly and set forth in the published Acts of the General Assembly of t h e year 1931 a t page 97, which amendment was ratified on November 8, 1932, and which amendment provided f o r t h e assumption by the State, of indebtedness of the several counties of t h e State, a s well a s t h a t of the Coastal Highway District, and the assessments made against the counties of said district f o r t h e construction and paving of t h e public roads or highways, including bridges, of t h e State, under certain conditions and f o r the issuance of certificates of indebtedness f o r such indebtedness so assumed, is continued of full force and effect until such indebtedness assumed by the State is paid and such certificates of indebtedness retired.
Paragraph VI. Profit on Public Money. The receiving, directly or indirectly, by a n y officer of State or county, or member or officer of t h e General Assembly of a n y interest, profits or perquisites, arising from the use or loan of public funds in his hands or moneys t o be raised through his agency for State or county purposes, shall be deemed a felony, and punishable a s may be prescribed by law, a part of which punishment shall be a disqualification from holding office.
Paragraph VII. Certain Bonds N o t to Be Paid. The General Assembly shall have no authority to appropriate money either directly or indirectly, to pay t h e whole, or a n y p a r t , of t h e principal or interest of the bonds, or other obligations which have been pronounced illegal, null and void by the General Assembly and the Constitutional amendments ratified by a vote of t h e people on t h e f i r s t day of May, 1877; nor shall t h e General Assembly have authority t o pay a n y of the obligations created by the State under laws passed during the late W a r Between the States, nor a n y of the bonds, notes or obligations made and entered into during t h e existence of said w a r , t h e time f o r t h e payment of which w a s fixed a f t e r the ratification of a treaty of peace between the United States and t h e Confederate States; nor shall the General Assembly pass any law, or the Governor or any other State official, enter into any contract or agreement whereby the State shall be made a p a r t y t o a n y suit in any court of this State, or of t h e United States instituted to test the validity of a n y such bonds, or obligations.
Paragraph VIII. Sale of State's Property to P a y Bonded Debt. The proceeds of t h e sale of t h e Western and Atlantic Railroad, and a n y other property owned by the State, whenever the General Assembly may authorize the sale of t h e whole or a n y p a r t thereof, shall be applied to the payment of the bonded debt of the State, and shall not be used f o r any other purpose whatsoever, so long a s t h e S t a t e h a s a n y existing bonded debt; provided t h a t t h e proceeds of t h e sale of the Western and Atlantic Railroad shall be applied to the payment of the bonds f o r which said railroad h a s been mortgaged, i n preference to all other bonds.
Paragraph IX. State Sinking Fund. The General Assembly shall raise by taxation each year, in addition to the sum required to pay the public expenses, such amounts a s a r e necessary to pay the interest
72

Art. 7, Sec. 3, Par. 9
on t h e public debt and t h e principal of t h e public debt m a t u r i n g i n such year and to provide a sinking fund to pay off and retire the bonds of t h e S t a t e which have not been matured. The amount of such annual levy shall be determined a f t e r consideration of t h e amount then held in the sinking fund. The taxes levied for such purposes and the said sinking fund, shall be applied to no other purpose whatever. The funds in the said sinking f u n d may be invested i n t h e bonds of the State, and also in bonds and securities issued by the Federal Government and subsidiaries of the Federal Government, fully guaranteed by that government. If the said bonds are not available for purchase, the funds i n the sinking f u n d may be loaned by the Treasurer of the State, with t h e approval of t h e Governor, upon terms to be fixed by such officials and when amply secured by bonds of t h e State or Federal Government.
SECTIONIV. Paragraph I. Power of County Government. The General Assembly may authorize a n y county to exercise t h e power of taxation for any public purpose a s authorized by general law or by this Constitution, and unless otherwise provided by this Constitution or by law, no levy need state the particular purposes for which the same was made nor shall a n y taxes collected be allocated f o r any particular purpose, unless expressly so provided by the General Assembly or this Constitution.
Paragraph 11. Purposes of Taxation. I n addition to such other powers and authority a s may be conferred upon any county by this Constitution or by the General Assembly, counties are hereby authorized to exercise the power of taxation f o r the following purposes which are hereby declared to be public purposes, and expend funds raised by t h e exercise of said powers f o r said purposes and such other public purposes as may be authorized by the General Assembly:
1. P a y the expenses of administration of t h e county government.
2. Acquire, construct, maintain, improve, or aid in the acquisition, construction. maintenance. o r imnrovement of nublic buildings. bridges, parks, recreation areas a n d facilities, libraGies, streets, siaewalks, roads, airports, docks, facilities for mass transit system for the transportation of passengers f o r hire, and other properties f o r public use; and to acquire any real property or any interest therein in connection with the foregoing.
3. Provide f o r the operation of t h e courts, t h e maintenance and support of prisoners, and t h e handling of litigation affecting t h e county.
4. Establish and conduct public health and sanitation programs and provide for the collection and preservation of records and vital statistics.
5. Establish and maintain a county police department.
6. Provide medical or other care and hospitalization f o r the indigent sick and to support paupers.
7. P a y county agricultural and home demonstration agents and conduct programs utilizing t h e services of such agents.

Art. 7. Sec. 4. Par. 2
8. Establish and conduct programs of welfare benefits and public assistance a s may be provided by law.
9. Provide fire protection f o r forest lands and conserve natural resources.
10. Provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmens' compensation benefits for its officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors: Provided that all such payments for public school teachers and personnel, their dependents and survivors, shall be paid from education funds.
11. Establish and maintain a recreation system.
12. To provide f o r paying the principal and interest of a n y debt of t h e county and to provide a sinking f u n d therefor.
13. To provide for reasonable reserves for public improvements a s may be fixed by law.
14. To provide f o r t h e support and maintenance of public schools, public education, and activities necessary and incidental thereto, including school lunches, a s provided in Article V I I I of this Constitution, upon t h e assessed value of all taxable property within t h e county, exclusive of a n y independent school system therein.
Paragraph 111. Establishment o f T a x i n g Districts. Except under the authority of a general or local law, a county governing authority may not district a county to provide water, sewerage, garbage, electricity, gas, or fire protection services. Such services shall be authorized only by a n act of t h e General Assembly establishing, o r authorizing the establishment of, a special district or districts therefor, and authorizing such county to levy a tax only upon the taxable property in such districts f o r the purpose of constructing and maintaining facilities therefor, conditioned upon t h e assent of a majority of t h e qualified voters of a n y such proposed district voting in a n election for t h a t purpose held a s provided by law.
P a r a g l ~ a p hIV. E m i n e n t Domain. Any county is hereby authorized to exercise the power of eminent domain f o r any public purpose.
Paragraph V. Nothing herein shall be construed to repeal or modify the provisions of Article VIII, Section XII, Paragraph I of the Constitution of Georgia of 1945, a s amended.
Parnqraph VI. The powers and authority granted by this amendment ?hall be cumulative of all powers and authority heretofore granted to counties and shall not operate to repeal any existing local constitutional amendments.
[ E d ~ t o r i a lnote: Section IV was altered b y an amendment ratified Nov. 8, 1966.1
Paragraph I. T a x i n g P o w e r and Contributions of Counties, Cities and Political Division Restricted. The General Assembly shall not authorize any county, municipal corporation o r political division of

Art. 7, Sec. 5, Par. 1
this State, through taxation, contribution o r otherwise, to become a stockholder in any company, corporation or association, or to appropriate money for, or to loan its credit to any corporation, company, association, institution or individual except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits.
SECTIONVI.
Paragraph I. Cor~tractsF o r Use of Public Facilities. ( a ) The State, s t a t e institutions, a n y city, town, municipality or county of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation or authority now or hereafter created for the use by such subdivisions or the residents thereof of a n y facilities or services of t h e State, state institutions, any city, town, municipality, county, public agency, public corporation or authority, provided such contracts shall deal with such activities and transactions as such subdivisions are by law authorized to undertake.
Notwithstanding a n y other provision of a n y other section of a n y other article of this Constitution, the General Assembly shall include in each General Appropriations Act in the appropriation payable to each department, agency, or institution of the State, i n addition t o such other items a s may be included in such appropriation, and whether or not any other items a r e included, ,urns sufficient to satisfy t h e payments required to be made i n each year under lease contracts now or hereafter entered into pursuant to this Paragraph I ( a ) by and between such department, agency, or institution of t h e State and any State authority which has been created and activated a t the time of the effective date of this amendment which said lease contracts ccnstitute security for bonds or any other obligations heretofore or hereafter issued by any such authority. In the event for any reason any such appropriation is not made, then the fiscal officers of the S t a t e a r e hereby authorized and directed t o set up on their appropriation accounts in each fiscal year as an appropriation the respective amounts required by each such department, agency, or institution of t h e S t a t e to pay t h e obligations called f o r under a n y such lease contract. The amount of the appropriation in each fiscal year to meet such lease contract obligations as authorized hereunder shall be due and payable to each such department, agency, or institution of the S t a t e in each fiscal year t o be expended f o r t h e purpose of paying the lease contract obligation required under t h e terms and conditions of such lease contracts and said appropriation shall have the same legal status a s if the General Assembly had included the amount of the appropriation in a General Appropriations Act.
[Editorial note: The last paragraph above was added by an amendment ratified on November 8, 1960.1
(b) Any city, town, municipality or county of this S t a t e i s empowered, in connection with any contracts authorized, by the preceding paragraph, to convey to any public agency, public corporation or authority now or hereafter created, existing facilities operated by such city, town, municipality or county f o r the benefit of residents of such subdivisions, provided the land, buildings and equipment so
75

Art. 7, Sec. 6, Par. 1
conveyed shall not be mortgaged or pledged t o secure obligations of any such public agency, public corporation or authority and provided such facilities a r e to be maintained and operated by such public agency, public corporation or authority for the same purposes for which such facilities were operated by such city, town, municipality or county. Nothing in this section shall restrict the pledging of revenues of such facilities by a n y public agency, public corporation or authority.
(c) Any city, town, municipality o r county of this State, or a n y combination of t h e same, may contract with a n y public agency, public corporation o r authority f o r t h e care, maintenance and hospitalization of its indigent sick, and may a s a p a r t of such contract oblig a t e itself t o pay f o r t h e cost of acquisition, construction, modernization or repairs of necessary buildings and facilities by such public agency, public corporation or authority, and provide for the payment of such services and t h e cost t o such public agency, public corporations or authority of acquisition, construction, modernization or repair of buildings and facilities from revenues realized by such city, town, municipality or county from any taxes authorized by the Constitution of this S t a t e or revenues derived from a n y other sources.
(d) Special School; Creation; T a x e s and Bonds. The board of education of a n y county, a r e a school district or independent school system, or any combination thereof, may establish, pursuant to local law enacted by the General Assembly, one or more area schools, including special schools such a s vocational trade schools, schools for exceptional children, and schools for adult education, in one or more of such political subdivisions; provided, however, t h a t t h e establishment and operation of such schools p u r s u a n t t o such local law, and any subsequent amendments thereof, shall be first approved by a majority of the voters voting thereon in each of t h e school districts or systems affected thereby in separate referendums held in the manner provided by law. The government, powers and duties of boards of education participating i n t h e establishment o r operation of such schools and respecting such schools shall be defined in the local law authorizing the same, and such participating political subdivision shall be authorized to incur bonded indebtedness to require the levy of school t a x funds required f o r the establishment and operation of such schools in such amount and manner a s shall be provided in such local law. Schools established p u r s u a n t t o provisions of this Section shall be operated in conformance with regulations promulgated by t h e S t a t e Board of Education p u r s u a n t t o provisions of law. The State is hereby authorized to expend funds for the support and maintenance of such schools in such amount and manner a s may be provided by law. Special schools, including vocational t r a d e schools, established prior to t h e adoption of this amendment under former Subparagraph (d) of Article VII, Section VI, P a r a g r a p h I of the Constitution shall not be affected by this amendment; any political subdivision which established such a school is hereby authorized to levy taxes f o r t h e support of such school regardless of whether i t is located within t h e territorial limits of such subdivision and a n y such political subdivision is hereby authorized to incur bonded indebtedness f o r t h e support of, or acquisition and construction of facilities f o r such school. Any such bonded indebtedness shall be incurred pur-
76

Art. 7, Sec. 6, Par. 2
suant to provisions of Article VII, Section V I I of this Constitution and the laws of this State relative to incurring other bonded indebtedness. The State is hereby authorized to expend funds for the support of such established schools in such amount and manner a s may be provided by law.
[Editorial note: Subparagraph ( d ) was added by an amendment ratified on November 8, 1960. It was changed by an amendment ratified on Nov. 8, 1966.1
[Editorial note: This amendment was proposed by Acts 1960. The provision was
officially designated as "Paragraph 111" of Art. VII, Section VI, though there does not appear to be any Paragraph I1 of this Section. Ratified in 1960.1
Paragraph 111. The governing authority of each county is hereby authorized in its discretion to purchase liability insurance to cover damages on account of bodily i n j u r y or death to a n y person or damage to property of a n y person arising by reason of ownership, maintenance, operation or use of a n y motor vehicle by such county, whethe r a s a result of a governmental undertaking or not, and t o pay premiums therefor. The governing authority is hereby authorized to levy a t a x f o r such purpose. I n t h e event of purchasing such insurance, t h e governmental immunity of the county shall be waived t o the extent of t h e amount of insurance so purchased. Neither the county nor the insurer shall be entitled to plead governmental immunity a s 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 t h e trial of a n y action brought against t h e county t o suggest the existence of a n y insurance which covers i n whole or i n part, a n y judgment or award which may be rendered i n favor of the plaintiff. If the verdict rendered by the jury exceeds the limitation of the insurance, t h e court shall reduce t h e amount t o a sum equal t o the applicable limitations stated in the policy.
[Editorial n o t e : Paragraph I11 was added by an amendment ratified on Novem-
ber 8, 1960.1
SECTIONV I I .
LIMITATIONON COUNTYAND MUNICIPALDEBTS
Paragraph I. Debts of Counties and Cities. The debt hereafter incurred by a n y county, municipal corporation o r political division of this State except as in this Constitution provided for, shall never exceed seven per centum of the assessed value of all t h e taxable property therein, and no such county, municipality or division shall incur any new debt except for a temporary loan or loans, to supply casual deficiencies of revenue, not t o exceed one-fifth of one per centum of t h e assessed value of the taxable property therein, without t h e asset of a majority of the qualified voters of t h e county, municipality or other political subdivision voting in a n election for that purpose to be held a s prescribed by law; and provided further that all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of t h e voters of counties, municipal corporations and other political divisions of this S t a t e to pass upon the issuance of bonds by such counties, municipal corporations and other political divisions a r e hereby declared to be null and void; and the General Assembly shall hereafter have no power to pass or enact any law providing for such special

Art. 7. Sec. 7. P a r . 1
registration, but t h e validity of a n y and all bond issues by such counties, municipal corporations or other political divisions made prior to J a n u a r y 1, 1945, shall not be affected hereby; provided, t h a t a n y county or municipality of this S t a t e may accept and use funds granted by the Federal Government, or any agency thereof, to aid in financing t h e cost of achitectural engineering, economic investigations, studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to the construction of public works, and where the funds so used f o r the purposes specified a r e to be repaid within a period of ten years.
Every county i s hereby empowered t o create debt, by way of borrowing from private individuals, firms, corporations, or partnerships, a s well a s f r o m t h e State, f o r the purpose of paying the whole or p a r t of the cost of property valuation and equalization programs f o r ad valorem tax purposes; to contract for the repayment thereof and to issue notes or other like instruments a s evidence of t h e obligation to repay the debt so contracted without being subject to a n y limit a s to amount of such debt so created and without t h e necessity of approval thereof by t h e qualified voters of t h a t county; provided nevertheless t h a t the debt shall be payable in one or more equal installments, one of which shall fall due a t least each year, but which may fall due each month, t h e last of which shall m a t u r e not more t h a n seven years from t h e date of creation and shall not bear interest in excess of five per cent per annum on unpaid principal; and a t a x shall be levied on t h e taxable property of the county a s may be needed to repay such debt so created; provided, however, that no county shall be empowered t o create debt under t h e provisions of this paragraph f o r t h e purposes of a property valuation and equalization program until such program and all contracts to be entered into pursuant thereto shall have been approved by the State Revenue Commissioner, and until such county shall have entered into an agreement with the State Revenue Commissioner t h a t such program shall be carried out in accordance with such rules and regulations pertaining to such programs a s may be promulgated by the Commissioner.
[Editorial note: The second paragraph of Parnrraph I was added by an amendment ratified Nov. 6, 1962.1
Paragraph 11. L e v y of Taxes t o P a y Bonds. Any county, municipal corporation or political division of this S t a t e which shall incur a n y bonded indebtedness under t h e provisions of this Constitution, shall a t or before the time of so doing, provide f o r t h e assessment and collection of a n annual t a x sufficient in amount to pay t h e principal and interest of said debt, within t h i r t y years from t h e d a t e of t h e incurring of said indebtedness.
Paragraph 111. Additional Debt Autl~orized, When. I n addition to the debt authorized in Paragraph I of this section, to be created by a n y county, municipal corporation o r political subdivision of this State, a debt may be incurred by any county, municipal corporation or political subdivision of this State, in excess of seven per centum of the assessed value of all t h e taxable property therein, upon t h e following conditions: Such additional debt, whether incurred a t one or more times, shall not exceed in t h e aggregate, three per centum of t h e assessed value of all the taxable property i n such county, municipality, or political subdivision; such additional debt shall be payable in
78

Art. 7, Sec. 7, Par. 3
equal installments within the five years next succeeding the issuance of t h e evidences of such debt; there shall be levied by t h e governing authorities of such county, municipality o r political subdivision prior to the issuance of such additional debt, a t a x upon all of t h e taxable property within such county, municipality or political subdivision collectable annually, sufficient to pay in full the principal and interest of such additional debt when a s due; such t a x shall be in addition t o and separate from all other taxes levied by such taxing authorities, and the collections from such tax shall be kept separate and shall be held, used and applied solely f o r t h e payment of t h e principal and interest of such additional indebtedness; authority t o create such additional indebtedness shall first have been authorized by the General Assembly; t h e creation of such additional indebtedness shall have been f i r s t authorized by a vote of t h e registered voters of such county, municipality or political subdivision a t a n election held for such purpose, pursuant t o and in accordance with the provisions of this Constitution and of t h e then existing laws f o r t h e creation of a debt by counties, municipal corporations, and political subdivisions of this State, all of which provisions, including those f o r calling, advertising, holding and determining the result of, such election and the votes necessary to authorize t h e creation of a n indebtedness, a r e hereby made applicable to a n election held f o r the purpose of authorizing such additional indebtedness.
Paragraph IV. Temporary Loans Authorized; Co?tditions. I n addition to the obligations hereinbefore allowed, each county, municipality, political subdivision of the S t a t e authorized to levy taxes, and county board of education, is given t h e authority to make temporary loans between January 1st and December 31st in each year to pay expenses for such year, upon the following conditions: The aggregate amount of all such loans of such county, municipality, political subdivision o r county Board of Education outstanding a t a n y one time shall not exceed 7570 of the total gross income of such county, municipality, political subdivision or county Board of Education, from taxes collected by such county, municipality, political subdivision or county Board of Education in the last preceding year. Such loans shall be payable on or before December 31st of t h e calendar year i n which such loan is made. No loan may be made i n a n y year under t h e provisions of this paragraph when there is a loan then unpaid which was made in a prior year under the provisions of this paragraph. Each such loan shall be f i r s t authorized by resolution fixing t h e terms of such loan adopted by a majority vote of t h e governing body of such county, city, political subdivision or county Board of Education, a t a ineeting legally held, and such resolution shall appear upon the minutes of such meeting. No such county, municipality, subdivision or county Board of Education shall incur in a n y one calendar year, a n aggregate of such temporary loans and other contracts or obligations for current expenses in excess of t h e total anticipated revenue of such county, municipality, subdivision, or county Board of Education f o r such calendar year, or issue in one calendar year notes, warrants or other evidences of such indebtedness in a total amount in excess of such a n t i c i ~ a t e drevenue f o r such vear.
[Editorial note: T h i s snbparaaraph was changed by a n amendment of 1950. It originally read a s follows: "In arldition to the obliaations hereinbefore allowed, each county, municipality and political subdivision of t h e S t a t e authorized t o levy taxes, is ziven the authority to make temporary loans between January 1st and
79

Art. 7, Sec. 7, Par. 4
December 31st in each year t o pay expenses for such year, upon the following conditions: The aggregate a m o u n t of all such loans of s n c h county, municipality or political subdivision outstanding a t any one time, shall not exceed seventy-five per centum of t h e total gross income of s u c h county, municipality o r political subdivision, from taxes collected by such county, municipality or political subdivision in the last precedng year. Each such loan shall be payable on or before D'ecemher 31st of t h e calendar year in which such loan is made. No loan may be made in any year under the provisions of this paragraph when there is a loan then unpaid which w a s made in a prior year under the provisions of t h i s paragraph. Each such loan shall be first authorized by resolution fixing the t e r m s of such loan, adopted by a majority vote of the governing body of s n c h county, city or political subdivision, a t a meeting legally held, and such resolution shall appear upon t h e minutes of such meeting. No such county, municipality o r subdivision shall incur in any one calendar year, a n aggregate of s u c h temporary loans and other contracts o r obligations f o r current expenses in excess of t h e total anticipated revenue of such county, municipality o r subdivision f o r such calendar year, or issue in one calendar y e a r notes, w a r r a n t s or other evidences of such indebtedness in a total amount in excess of s u c h anticipated revenue f o r such year."]
P a r a g r a p h V. Revenue Anticipation Obligations. Revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State, t o provide funds f o r t h e purchase or construction, in whole o r in p a r t , of a n y revenue-producing facility which such county, municipal corporation or political subdivision is authorized by t h e Act of t h e General Assembly approved March 31, 1937, known a s "The Revenue Certificate Laws of 1937," as amended by the Act approved March 14, 1939, to construct and operate, or to provide funds to extend, repair or improve any such existing facility, and to buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtences thereof. Such revenue anticipation obligations shall be payable, a s to principal and interest, only from revenue produced by revenue-producing facilities of the issuing political subdivisions, and shall not be deemed debts of, or to create debts against, t h e issuing political subdivisions within t h e meaning of this p a r a g r a p h or a n y other of this Constitution. This authority shall apply only t o revenue anticipation obligations issued to provide funds for the purchase, construction, extension, repair o r improvement of such facilities and undertakings as are specifically authorized and enumerated by said Act of 1937, a s amended by said Act of 1939; and t o buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof; provided further any revenue certificates issued to buy, construct, extend, operate and maintain gas or electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting a t a n election held f o r t h e purpose i n t h e county, municipal corporation or political subdivision affected, and provided f u r t h e r t h a t a majority of t h e registered voters of such county, municipal corporation or political subdivision affected shall vote in said election, the election for such to be held in the same manner a s is used i n issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided f o r by officers in charge of t h e fiscal a f f a i r s of said county, municipal corporation or political subdivision affected; and no such issuing political subdivision of the S t a t e shall exercise t h e power of taxation f o r t h e purpose of paying the principal o r interest of a n y such revenue anticipation obligations or any part thereof.
Provided t h a t after a favorable election has been held a s set forth
80

Art. 7, Sec. 7, Par. 5
above, if municipalities, counties or other political subdivisions shall purchase, construct, or operate such electric or gas utility plants from the proceeds of said revenue certificates, and extend their services beyond t h e limits of t h e county i n which t h e municipality o r political subdivision is located, then its services rendered and property located outside said county shall be subject to taxation and regulation as are privately owned and operated utilities.
The General Assembly is authorized to create an instrumentality and department of t h e S t a t e of Georgia t o be known a s t h e Brunswick Ports Authority, and to provide for its powers and functions. Act number 314 of t h e Acts of t h e General Assembly of 1945 (Ga. L. 1945, p. 1023) a s amended by House Bill number 1053 of t h e General Assembly of 1958 (Ga. L. 1958, p. 82) i s hereby ratified and confirmed, so t h a t the said Acts shall have the same force and effect a s if they had been enacted subsequent to the ratification of this amendment to the Constitution; provided, however, that nothing herein shall prevent the General Assembly from amending said Acts, so a s t o add and enlarge powers of t h e Authority.
[Editorial note: The sentence dealing with the Brunswick Ports Authority was added by an amendment ratified on November 8, 1960.1
Paragraph V-A. Revenue Obligations Authorized. The development of trade, commerce, industry and employment opportunities i s hereby declared to be a public purpose vital to the welfare of t h e people of this State. The General Assembly may create Development Authorities to promote and further such purposes or may authorize the creation of such Authority by a n y county or municipal corporation or combinations thereof under such uniform terms and conditions a s it may deem necessary. The General Assembly may exempt from taxation Development Authority obligations, properties, activities or incollie and may authorize the issuance of Revenue Obligations by such Authorities which shall not constitute a n indebtedness of t h e State within the meaning of Section V I I of this Article.
The General Assembly may provide f o r t h e validation of a n y Revenue Obligations authorized, and t h a t such validation shall thereafter be incontestable and conclusive.
[Editorial note: Paragraph V-A was added in 1968.1
Paragraph VI. R e f u n d i n g Bonds. The General Assembly is hereby authorized to create a commission and to vest such commission with the power to secure all necessary information and to approve or disapprove t h e issuance of bonds f o r t h e purpose of refunding a n y bonded indebtedness of a n y county, municipality o r political subdivision of this State issued prior to the adoption of this Constitution, including the authority to approve or disapprove the amount and terms of such refunding bonds, together with such other powers a s to the General Assembly may seem proper, but not in conflict with the provisions of the Constitution. Such refunding bonds shall be authorized only where such county, municipality or political subdivision h a s not t h e funds available to meet t h e payment of outstanding bonded indebtedness through failure to levy and collect the required taxes, or through failure to maintain the required sinking fund for such bonds. The General Assembly may approve the issuance of the said refunding bonds under the conditions stated. Such refunding
81

Art. 7, Sec. 9, P a r . 6
bonds shall not, together with all other outstanding bonded indebtedness, exceed the limits fixed by this Constitution f o r the maximum amount of bonded indebtedness which may be issued by such county, municipality or political subdivision and shall be otherwise governed by all of the terms and provisions of this Constitution. No bonds shall be issued under this paragraph to refund any bonds issued after the adoption of this Constitution.
Paragraph VII. Refunding Bonds to Reduce Bonded Indebtedness. The General Assembly is further authorized to give to the said Commission the power and authority to approve or disapprove the issuance of bonds to refund a n y outstanding bonded indebtedness of any county, municipality or political subdivision now or hereafter issued, f o r the purpose of reducing t h e amount payable, principal or interest, on such bonded indebtedness, and upon t h e condition that, the issuance of such refunding bonds will reduce the amounts payable upon such outstanding bonds, principal or interest. Such refunding bonds shall replace such outstanding bonded indebtedness. The said Commission shall have the authority to approve or disapprove the terms of a n y such proposed refunding bonds. The General Assembly may authorize the issuance of such refunding bonds issued f o r the said purpose, when approved by the said Commission and authorized by the governing authority of such county, municipality or subdivision, without an election by the qualified voters a s otherwise required, but in all other respects such refunding bonds shall comply with the provisions of this Constitution.
SECTIONV I I I .
Paragraph I. Sinking Funds F o r Bonds. All amounts collected from a n y source f o r the purpose of paying t h e principal and interest of a n y bonded indebtedness of a n y county, municipality or subdivision and to provide f o r the retirement of such bonded indebtedness, above the amount needed to pay the principal and interest on such bonded indebtedness due in t h e year of such collection, shall be placed in a sinking fund to be held and used to pay off the principal and interest of such bonded indebtedness thereafter maturing.
The funds in such sinking fund shall be kept separate and apart from all other moneys of such county, municipality o r subdivision, and shall be used for no purpose other than t h a t above stated. The moneys in such sinking fund may be invested and reinvested by the governing authorities of such county, municipality or subdivision or by such other authority a s has been created to hold and manage such sinking fund, in the bonds of such county, municipality o r subdivision, and in bonds or obligations of t h e S t a t e of Georgia, of the counties and cities thereof and of t h e government of t h e United States, of subsidiary corporations of t h e Federal Government fully guaranteed by such government, and no other. Any person or persons violating the above provisions shall be guilty of malpractice i n office and shall also be guilty of misdemeanor, and shall be punished, when convicted, a s prescribed by law f o r t h e punishment of misdemeanors, until the General Assembly shall make other provisions for the violation of the terms of this paragraph.
82

Art. 7, Sec. 9, P a r . I
SECTIONIX. APPROPRIATIOCNONTROL
Paragraph I. Preparation, submission and enactments o f General A p p r o p r i a t i o ? ~B~ill. ( a ) The Governor shall submit t o the General Assembly within five days after its convening i n January, 1963, and every two years thereafter, a budget message and a budget report, accompanied by a d r a f t of a General Appropriations Bill, i n such form and manner a s may be prescribed by statute, which shall provide f o r t h e appropriation of t h e funds necessary t o operate all t h e various departments and agencies, and to meet t h e current expenses of t h e S t a t e f o r each of the next two ensuing fiscal years.
(b) The General Assembly shall biennially appropriate the funds necessary to operate all the various departments and agencies, and meet t h e current expenses of t h e S t a t e f o r each of t h e next two fiscal years. The fiscal year of the State shall commence on the f i r s t d a y of July of each year and terminate on t h e thirtieth of J u n e following.
(c) The General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the State.
Paragraph 11. General Appropriation A c t . (a) Each General Appropriation Act, now of force or hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next two ensuing fiscal years after adoption and it shall then expire except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of Federal grants.
(b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected to have accrued i n t h e S t a t e Treasury a t the beginning of t h e fiscal year, together with a n amount not greater than the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto. Supplementary appropriations, if any, shall be made in the manner provided in Article VII, Section IX, Paragraph I11 of this Constitution, but in no event shall a supplementary appropriations Act continue in force and effect beyond t h e expiration of t h e General Appropriations Act in effect when such supplementary appropriations Act was adopted and approved.
(c) All appropriated funds, except for the mandatory appropriations required by this Constitution, remaining unexpended and not contractually obligated a t the expiration of such General Appropriations Act, shall lapse.
( d ) A11 federal funds received by t h e S t a t e of Georgia a r e hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the Federal Government in making the grant.

Art. 7, Sec. 9, Par. 2
(e) The State, S t a t e institutions, departments and agencies of t h e State are hereby prohibited from entering into any contract with any public agency, public corporation or authority pursuant to the provisions of Article VII, Section VI, P a r a g r a p h I ( a ) , which such contract constitutes security for bonds or other obligations issued by any such public agency, public corporation or authority and the appropriation or expenditure of a n y funds f o r the payment of obligations under any such contract, is likewise prohibited a t any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into, exceed 15% of the total revenue receipts, less refunds, of the S t a t e Treasury in the fiscal year immediately preceding the making and entering into of a n y such contract; provided, however, this provision shall not affect contracts validly entered into prior to its adoption or which conform to this provision a t the time the same are hereafter executed. The execution of a n y such contract is f u r t h e r prohibited until the General Assembly has specifically provided funds in an Appropriations Act f o r t h e payment of a t least one year's rental under such contract.
[Editorial note: Paragraphe I and I1 were reworded by an amendment ratified Nov. 6 , 1962.1
Paragraph 111. Other or S u p p l e m e n t a r y Appropriations. I n addition to the appropriations made by the General Appropriation Act and amendments thereto, the General Assembly may make additional appropriations by Acts, which shall be known as supplementary appropriation Acts, provided no such supplementary appropriation shall be available unless there is a n u n a p ~ r o p r i ; ~ t esdurplus in the S t a t e Treasury or the revenue necessaryAio 6ay such appropriation shall have been provided by a t a x laid f o r such purpose and collected into the General F u n d of t h e S t a t e Treasury. Neither House shall pass a Supplementary Appropriation Bill until the General Appropriation Act shall have been finally adopted by both Houses and approved by the Governor.
Paragraph IV. Appropriations to be for Specific Sums. (a) Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency or institution for which appropriation is made shall be f o r a specific sum of money, and no appropriation shall allocate to a n y object, t h e proceeds of a n y particular t a x or fund or a p a r t of percentage thereof.
(b) An amount equal to all money derived from motor fuel taxes received by t h e S t a t e Treasurer in each of t h e immediately preceding fiscal years, less the amount of refunds, rebates and collection costs authorized by law, is hereby appropriated for the fiscal year beginning J u l y 1, of each year following, f o r all activities incident t o providing and maintaining a n adequate system of public roads and bridges in this State, as authorized by laws enacted by the General Assembly of Georgia; and f o r g r a n t s to counties by law authorizing road construction and maintenance, as provided by law authorizing the State Treasurer to make such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether t h e General Assembly enacts a General Appropriations Act and said sum need not be specifically stated in any Gen-

Art. 7. Sec. 9, Par. 4
era1 Appropriations Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject t o all the rules, regulations and restrictions imposed on the expenditure of appropriations by provisions of t h e Constitution and laws of this State, unless such provisions a r e i n conflict with the provisions of this paragraph. And provided, however, t h a t t h e proceeds of t h e t a x hereby appropriated shall not be subject to budgetary reduction. I n t h e event of invasion of this State by land, sea or air, or in case of a major catastrophe, so proclaimed by the Governor, said funds may be utilized f o r defense or relief purposes on the Executive Order of t h e Governor. The provisions of this amendment shall become effective J u l y 1, 1961.
[Editorial note: Paragraph IV was changed to read as quoted above by an amendment ratified on November 8 , 1960.1
Paragraph V. Appropriations Void, W h e n . Any appropriation made in conflict with either of the foregoing provisions shall be void.
SECTIONX.
Paragraph I. Existing Ametzdments Continued of Force. Amendments to the Constitution of t h e State of Georgia of 1877 i n effect a t t h e date of the ratification by the voters of the State, of this Constitution, shall continue of full force and effect a f t e r the ratification of this Constitution, where such amendments a r e of merely local, and not, general application, including the amendments pertaining to the Coastal Highway District of this State. There is also continued under this provision in force and effect, amendments to the Constitution of 1877 applicable to counties and cities having a population i n excess of a number stated i n such amendments, amendments applicable to counties having a city wholly or partly therein with a population in excess of, or not less than a number stated in such amendment, and amendments applicable to cities lying in two counties, where such amendments a r e i n force and effect a t t h e time of t h e ratification of this Constitution. Provided the amendment of P a r a graph I of Section I1 of Article X I of the Constitution of 1877 proposed by Georgia Laws, 1943, page 53, and ratified August 3, 1943, authorizing election by the people of t h e County Board of Education of Spalding County; prescribing rules of eligibility of members of t h e Board; providing f o r election by t h e Board of t h e County Superintendent of Schools shall not be continued of force.
ARTICLE VIII. EDUCATION
Paragraph I. S y s t e m of Common S c l ~ o o l s ;Free Tuition, Separation o f Races. The provision of an adequate education f o r the citizens shall be a primary obligation of t h e S t a t e of Georgia, t h e expense of which shall be provided f o r by taxation. Separate schools shall be provided for the white and colored races.

Art. 8, Sec. 2, Par. 1
SECTION11.
Paragraph I. S t a t e Board of Education; Method of Appointment. There shall be a S t a t e Board of Education, composed of one member from each Congressional District in the State, who shall be appointed by the Governor, by and with the advice and consent of t h e Senate. The Governor shall not be a member of t h e State Board of Education. The f i r s t S t a t e Board of Education under this Constitution shall consist of those in office a t the time this Constitution is adopted, with the terms provided by law. Thereafter, all succeeding appointments shall be f o r seven year terms f r o m t h e expiration of t h e previous term. Vacancies upon said Board caused by expiration of t e r m of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resignation, o r f r o m a n y other cause other t h a n the expiration of such members' t e r m of office, the Board shall by secret ballot elect his successor, who shall hold office until t h e end of the next session of t h e General Assembly, or if the General Assembly be then in session to t h e end of t h a t session. During such session of t h e General Assembly t h e Governor shall appoint the successor member of the Board f o r t h e unexpired t e r m and shall submit his name to the Senate for confirmation. All members of the Board shall hold office until their successors a r e appointed and qualified. The members of t h e S t a t e Board of Education shall be citizens of this S t a t e who shall have resided i n Georgia continuously for a t least five years preceding their appointment. No person employed in a professional capacity by a private or public education institution, or by the S t a t e Department of Education, shall be eligible f o r appointment o r to serve on said Board. No person who is or h a s been connected with or employed by a school book publishing concern shall be eligible to membership on the Board, and if any person shall be so connected or employed a f t e r becoming a member of t h e Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties a s provided by law and existing a t the time of the adoption of this Constitution, together with such further powers and duties as may be hereafter provided by law.
SECTION111.
Paragraph I. State School Superintendent; Election, Term, Etc. There shall be a State School Superintendent, who shall be the executive officer of t h e S t a t e Board of Education, elected a t t h e same time and in the same manner and f o r t h e same term a s t h a t of t h e Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation a s may be fixed by law. No member of said Board shall be eligible f o r election a s S t a t e School Superintendent during the time for which he shall have been appointed.
SECTIONIV.
Paragraph I. University S ~ j s t e mof Georgia; Board of Regents. There shall be a Board of Regents of t h e University System of Georgia, and t h e government, control, and management of t h e University System of Georgia and all of i t s institutions i n said system

Art. 8, Sec. 4, P a r . 1
shall be vested in said Board of Regents of t h e University System of Georgia. Said Board of Regents of t h e University System of Georgia shall consist of one member from each Congressional District in t h e State, and five additional members from the State-at-large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of t h e said Board. The f i r s t Board of Regents under this Constitution shall consist of those in office a t t h e time this Constitution is adopted, with the terms provided by law. Thereafter all succeeding appointments shall be for seven year terms from the expiration of t h e previous term. Vacancies upon said Board caused by expiration of t e r m of office shall be similarly filled by appointment and confirmation. I n case of a vacancy on said Board by death, resignation of a member, or from a n y other cause other t h a n t h e expiration of such member's t e r m of office, t h e Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if t h e General Assembly be then in session t o t h e end of t h a t session. During such session of the General Assembly the Governor shall appoint t h e successor member of t h e Board f o r t h e unexpired t e r m and shall submit his name to the Senate f o r confirmation. All members of t h e Board of Regents shall hold office until their successors a r e appointed. The said Board of Regents of t h e University System of Georgia shall have the powers and duties a s provided by l a w existing a t t h e time of t h e adoption of this Constitution, together with such f u r t h e r powers and duties a s may be hereafter provided by law.
SECTIONV.
Paragraph I. County S y s t e m ; Board o f Education; Election, T e r m , Etc. Authority is granted to counties to establish and maintain public schools within their limits. Each county, exclusive of any independent school system now in existence in a county, shall compose one school district and shall be confined t o the control and management of a County Board of Education. The Grand J u r y of each county shall select from t h e citizens of their respective counties five freeholders, who shall constitute the County Board of Education. Said members shall be elected f o r the term of five years except t h a t t h e f i r s t election of Board members under this Constitution shall be f o r such terms t h a t will provide f o r the expiration of the t e r m of one member of the County Board of Education each year. In case of a vacancy on said Board by death, resignation of a member, o r from any other cause other t h a n t h e expiration of such member's t e r m of office, the Board shall by secret ballot elect his successor, who shall hold office until the next Grand J u r y convenes a t which time said Grand J u r y shall appoint the successor member of the Board f o r the unexpired term. The members of t h e County Board of Education of such county shall be selected from t h a t portion of t h e county not embraced within t h e territory of a n independent school district.
The General Assembly shall have authority to make provision for local trustees of each school in a county system and confer authority upon them to make recommendations as to budgets and employment of teachers and other authorized employees.
Paragraph 11. Boards of Education; change by referendum-Not-
87

Art. 8. Sec. 5. P a r . 2
withstanding provisions contained in Article VIII, Section V, Paragraph I of this Constitution, or in any local constitutional amendment applicable to a n y county school district, t h e number of members of a county board of education, their term of office, residence requirements, compensation, manner of election or appointment, and t h e method for filling vacancies occurring on said boards, may hereafter be changed by local or special law conditioned upon approval by a majority of t h e qualified voters of t h e county school district voting in a referendum thereon. Members of county boards of education shall have such powers and duties and such further qualifications a s may be provided by law.
[Editorial note: Paragraph I1 w a s added by an amendment ratified Nov. 8, 1966.1
SECTIONVI.
Paragraph I. County School Superintendent; Election, Term, Etc. There shall be a County School Superintendent, who shall be the executive officer of the County Board of Education. He shall be elected by t h e people and his term of office shall be f o r four years and run concurrently with other county officers. The qualifications and the salary of t h e County School Superintendent shall be fixed by law.
Paragraph 11. County school superintendents; cha~zgeby referendum.-Notwithstanding provisions contained in Article VIII, Section VI, Paragraph I of this Constitution, or in any local constitutional amendment applicable to any county school superintendent, the term of office of County school superintendents, their residence requirements and the method of their election or appointment may hereafter be changed by local or special laws conditioned upon approval by a majority of t h e qualified voters of t h e county school district voting in a referendum thereon. County school superintendents shall have such qualifications, powers, duties and compensation a s may be provided by law.
[Editorial note: Paragraph I1 w a s added by a n amendment ratified Nov. 8 , 1966.1
SECTIONVII.
Paragraph I. Independent Systems Cotztinued; New Systems Prohibited. Authority is hereby granted to municipal corporations to maintain existing independent school systems, and support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established.
SECTIONVIII.
Paragraph I. Meetings of Boards of Education. A11 official meetings of County Boards of Education shall be open t o t h e public.
SECTION1X.
Paragraph I. Area School Districts; A r e a Boards of Education; A r e a School Superi~ztendents-The boards of education of a n y two

Art. 8, Sec. 9, P a r . 1
or more counties, or independent school systems, or a n y combination thereof, may, by special or local law, provide for consolidation and merger of a n y two or more county school districts, independent school systems, or any portion or combination thereof, into a single a r e a school district under t h e control and management of a n a r e a board of education. No such consolidation o r merger shall become effective until approved by a majority of t h e voters voting i n each of t h e school districts or school systems affected in a referendum held thereon in each school district or school system being consolidated or merged, provided 51% of the registered voters in each district or system concerned shall vote in such election and provided a majority of said voters voting shall vote in the affirmative. Any a r e a school district so established shall constitute a separate political subdivision of this State, and the school districts o r school systems o r portions thereof incorporated therein shall stand abolished, and title to all school properties and assets therein shall vest in the area board of education. The number of members of a n a r e a board of education, their manner of election or appointment, their terms, residence requirements, qualifications, powers, duties and the method for filling vacancies on said boards shall be as provided by law. There shall be a n area school superintendent in each area school district, who shall be t h e executive officer of the a r e a board of education. The manner of his election or appointment, and his qualifications, t e r m of office, residence requirements, powers, duties and compensation shall be as provided by law. Subsequent t o the creation of a n a r e a school district, the number and manner of election or appointment of members of the a r e a board of education and method f o r filling vacancies occurring on said boards, and their terms of office and residence requirements, and t h e manner of election or appointment of t h e a r e a school superintendent, and his tenure, and residence requirements, may be changed by local or special law, conditioned upon approval by a majority of the qualified voters in each of the original political subdivisions of t h e a r e a school district voting in a referendum thereon. Members of a r e a boards of education and a r e a school superintendents shall have such powers, duties, and further qualifications as provided by law.
Paragraph 11. Power of Boards to Contract W i t h Each Other. Any two or more county boards of education, independent school systems, or a r e a boards of education, or a n y combination thereof, may contract with each other for the care, education, and transportation of pupils and f o r such other activities a s they may be authorized by law to perform.
[Editorial note: Section IX was altered by an amendment ratified Nov. 8, 1966.1
Paragraph I. Certain Systems Protected. Public school systems established prior to the adoption of t h e Constitution of 1877 shall not be affected by this Constitution.
SECTIONXI.
Paragraph I. Grants, Bequests and Donations Permitted. The S t a t e Board of Education and t h e Regents of the University System

Art. 8, Sec. 11, P a r . 1
of Georgia may accept bequests, donations and g r a n t s of land, or other property, f o r t h e use of their respective systems of education.
P a r a g r a p h 11. Grants, Bequests and Donations to County Boards of Education and Independent School Systems. County Boards of Education and independent school systems may accept bequests, donations and g r a n t s of land, or other property, f o r t h e use of their respective systems of education.
SECTIONXII.
P a r a g r a p h I. Local Taxation for Education. The fiscal authority of each county shall annually levy a school t a x f o r t h e support and maintenance of education, not greater t h a n twenty mills per dollar a s certified to i t by the county board of education, upon t h e assessed value of all taxable property within t h e county located outside a n y independent school system or area school district therein. The independent school system of Chatham County and t h e City of Savannah being co-extensive with said county, t h e levy of said t a x shall be on all property in said county a s recommended by the governing body of said system. The certification t o be made by a n Area Board of Education t o the fiscal authorities of the territories comprising a n a r e a school district shall be in such amount and within such limits a s may be prescribed by local law applicable thereto, and upon such certification being made i t shall be t h e duty of such fiscal authorities t o levy such tax in accordance with such certification, but such levy shall not be greater than twenty mills per dollar upon the assessed value of t h e taxable property therein. School t a x funds shall be expended only f o r the support and maintenance of public schools, public education, and activities necessary or incidental thereto, including school lunch purposes.
P a r a g r a p h 11. Increasing or Removing T a x Rate.-The twenty mill limitation provided in Paragraph I above may be removed or increased in a county and in territories comprising a n area school district under the procedure set out hereinafter. The county or area board of education, in order t o instigate t h e procedure, must pass a resolution recommending t h a t the limitation be removed and upon presentation of such resolution t o the ordinary or t o t h e proper authorities of territories comprising a n a r e a school district, a s t h e case may be, i t shall be their duty, within ten days of receipt of t h e resolution to issue the call of a n electior! to determine whether such limitation shall be removed. The election shall be set to be held on a d a t e not less t h a n twenty nor more t h a n t h i r t y days f r o m t h e d a t e of the issuance of t h e call and shall have t h e date and purpose of t h e election published in the official organ of t h e county once a week f o r two weeks preceding t h e date of the election. If a majority of t h e electors qualified to vote f o r members of t h e General Assembly voting in such election vote in favor of such proposal, there shall be no limitation in such county or in such territories comprising the area school district and the county or a r e a board of election may recommend a n y number of mills f o r the purposes set out in P a r a g r a p h I above. In lieu of recommending t h a t the limitation be removed entirely, the county or a r e a board of education may recommend t h a t it be increased and shall specify the amount in t h e resolution. The election provisions for increase shall be the same as for removal and if
90

Art. 8, Sec. 12, Par. 2
the proposal is favorably voted upon the county or area board may recommend up to the specified amount. It shall be t h e duty of t h e ordinary or the proper authorities, a s the case may be, to hold the election, to canvass the returns and declare the results. It shall also be their duty to certify the results to the Secretary of State. The expense of the election shall be borne by t h e county or by t h e territories comprising a n a r e a school district, a s t h e case may be.
[Editorial note: Section XI1 was altered by an amendment ratified Nov. 8, 1966.1
Paragraph I. Grants for Education. Notwithstanding any other provision of this Constitution, the General Assembly m a y by l a w provide f o r g r a n t s of State, county o r municipal funds t o citizens of the S t a t e f o r educational purposes, in discharge of all obligation of t h e State to provide adequate education f o r i t s citizens.
Paragraph 11. Freedom of Association. Freedom from compulsory association a t all levels of public education shall be preserved inviolate. The General Assembly shall by taxation provide funds f o r a n adequate education f o r t h e citizens of Georgia.
[Editorial note: Section XI11 was added by amendments ratified on Nov. 2, 1954 and Nov. 6 , 1962.1
ARTICLE IX. HOMESTEADS AND EXEMPTIONS
SECTIONI.
Paragraph I. Amount of Homestead and Exemptions. There is hereby exempt f r o m levy and sale, by virtue of a n y process whatever under t h e laws of this State, t h e property of every head of a family, or guardian, or trustee of a family of minor children, or every aged or infirm person, or person having t h e care and support of dependent females of a n y age, who i s not t h e head of a family, realty o r personality, o r both, t o the value in t h e aggregate of sixteen hundred dollars; and the General Assembly shall have authority to provide the manner of exempting said property, the sale, alienation and encumbrance thereof, and to provide f o r t h e waiver of said exemption by the debtor.
Paragraph 11. Honzestead and Exemption Laws Continued. The laws now of force with respect t o homestead and exemptions shall remain in full force until changed by law.
ARTICLE X. MILITIA
Paragraph I. Organization of Militia. A well regulated militia being essential to t h e peace and security of t h e State, t h e General Assembly shall have authority to provide by law how the militia of this State shall be organized, officered, trained, armed and equipped; and of whom i t shall consist.

Art. 10. Sec. 1. P a r . 2
Paragraph 11. Volunteers. The General Assmbly shall have power to authorize t h e formation of volunteer companies, and to provide for their organization into battalions, regiments, brigades, divisions, and corps, with such restrictions a s may be prescribed by law, and shall have authority to arm and equip the same.
Paragraph 111. P a y of Militia and Volunteers. The officers and men of the militia and volunteer forces shall not be entitled t o receive any pay, rations, or emoluments, when not in active service by authority of the State.
P a r a g r a p h IV. Discipline of the Militia. When not in Federal service the discipline of members of t h e Militia shall be i n accordance with t h e applicable provisions of t h e Constitution and laws of t h e United States, Acts of t h e General Assembly, and directives of the Governor i n his capacity a s Commander-in-Chief of t h e Militia. Notwithstanding a n y other provisions of this Constitution, the General Assembly shall have the authority to provide for trial by courts-martial and non-judicial punishment of members of the Militia, f o r the initiation of charges and subsequent procedures thereon, rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well regulated and disciplined Militia.
[Editorial note: Paragraph IV was added by an amendment ratified on November 8. 1960.1
ARTICLE XI. COUNTIES AND MUNICIPAL CORPORATIONS
Paragraph I. Counties a Corporate Body; Boundaries. Each count y shall be a body corporate with such powers and limitations a s may be prescribed by law. All suits by or against a county shall be in the name thereof; and t h e metes and bounds of t h e several counties shall remain a s now prescribed by law, unless changed a s hereinafter provided.
Paragraph 11. Number Limited. There shall not be more than one hundred and fifty-nine counties in this State.
Paragraph 111. New Counties Permitted, Whepz. No new county shall be created except by the consolidation or merger of existing counties.
Paragraph IV. The General Assembly shall have power, with the concurrence of a majority of the qualified voters voting thereon in each of the counties affected, to provide f o r the consolidation of two or more counties into one, or the merger of one or more counties into another, or the division of a county, and the merger of portions thereof into other counties; provided, however, upon the filing with the ordinary of a n y county of a petition signed by not less t h a n twenty per centunl ( 2 0 % ) of the duly qualified voters of such county, seeking such merger, consolidation or division, it shall be the duty of such ordinary to transmit a certified copy of such petition to each ordinary of all other counties affected thereby, and i t shall be t h e duty of the latter to provide f o r t h e publication of such petition, omit-

Art. 11,Sec. 1,P a r . 4
ting therefrom the names affixed to such petition, in the newspaper in which the sheriff's advertisements a r e published, once a week f o r a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the ordinary or ordinaries of the other county or counties affected, expressing favor or approval of t h e original petition, signed by not less t h a n twenty per centum
( 2 0 % ) of t h e duly qualified voters voting therein, i t shall thereupon be the duty of the ordinaries of all such counties affected by such petitions, to certify t h e f a c t of such petitions to t h e Governor, whose duty i t shall then be to call immediately a n election on the same day in each such county, to be held not later than sixty (60) days, and not sooner t h a n t h i r t y (30) days, a f t e r t h e filing of t h e last petition, publishing notice thereof once a week f o r two weeks in the newspaper in each county in which sheriff's advertisements are published. Provided, however, t h a t only one such election shall be called by the Governor within any twelve-month period. The ordinaries of each county shall conduct the election, canvass the returns, and certify the results thereof to the Governor, who shall issue his proclamation thereon, and such results shall become effective a t such time as may be prescribed by law, but not later than two (2) years following the date of such election, a s hereinafter referred to. Provided, however, any election held pursuant to the call of t h e Governor hereunder shall be null and void unless 51% of t h e registered voters of the portion or portions of t h e counties affected shall have voted in said election. The members of the General Assembly from all such counties shall serve out t h e remainder of their terms f o r which elected, and a t the Session of t h e General Assembly next following such election, the county site shall be changed by law, without regard to the provisions of P a r a g r a p h IX hereof, and t h e General Assembly shall likewise provide by law f o r t h e effective date of such merger, consolidation or division, a s the case may be, subject to the above limitation of two years, and shall provide f o r t h e election of county officials, where required. The General Assembly shall have power to further implement this paragraph by law.
[Editorial note: An amendment ratified on Nov. 3, 1964, repealed Paragraph IV and V and substituted in lieu thereof Paragraph IV a s quoted above.]
Paragraph VI. Coulzty Government Uniform; Exceptions. Whatever tribunal, or officers, may be created by the General Assembly for the transaction of county matters, shall be uniform throughout t h e State, and of the same name, jurisdiction, and remedies, except t h a t the General Assembly may provide f o r Commissioners of Roads and Revenues in a n y county, may abolish t h e office of County Treasurer in any county, may fix t h e compensation of County Treasurers, and may consolidate the offices of T a x Receiver and T a x Collector in t h e office of T a x Commissioner, and may f i x his compensation, without respect to uniformity.
Paragraph VII. Consolirlation o f Govervments; Submission to Voters. The General Assembly may provide by general law optional systems of consolidated county and municipal government, providing f o r the organization and the powers and duties of its officers. Such optional systems shall become effective when submitted to the qualified voters of such county and approved by a majority of those voting.

Art. 11, Sec. 1, Par. 8
Paragraph VIII. County Lines. County lines shall not be changed, unless under the operation of a general law for t h a t purpose.
Paragraph IX. County Sites Changed; Method. No county site shall be changed o r removed, except by a two-thirds vote of the qualified voters of the county, voting a t a n election held f o r t h a t purpose and by a majority vote of the General Assembly.
Paragraph I. County Officers; Election; Term; Removal; Eligibility. The county officers shall be elected by the qualified voters of their respective counties or districts, and shall hold their office for four years. They shall be removed upon conviction for malpractice in office; and no person shall be eligible f o r a n y of the offices referred t o in this paragraph unless he shall have been a resident of the county for two years and is a qualified voter.
Paragraph 11. Compensation of County Officers. County officers may be on a fee basis, salary basis, or fee basis supplemented by salary, in such manner a s may be directed by law.
ARTICLE XII. T H E L A W S OF GENERAL OPERATION IN FORCE
IN THIS S T A T E
SECTIONI.
Paragraph I. Supreme Law. The laws of general operation in this State are, f i r s t : As the Supreme law: The Constitution of the United States, the laws of the United States in pursuance thereof and all treaties made under the authority of the United States.
Paragraph 11. Second in Authority. Second: As next in authority thereto : This Constitution.
Paragraph 111. Third in Authority. Third: I n subordination to the foregoing: All laws now of force in this State, not inconsistent with this Constitution shall remain of force until the same a r e modified or repealed by the General Assembly.
Paragraph IV. Local and Private Acts. Local and private acts passed f o r the benefit of counties, cities, towns, corporations and private persons, not inconsistent with the Supreme law, nor with this Constitution and which have not expired nor been repealed, shall have the force of Statute law, subject to judicial decision a s to their validity when passed, and to any limitations imposed by their own terms.
Paragraph V. Proceedings of Courts Confirmed. All judgments, decrees, orders, and other proceedings, of the several courts of this State, heretofore made within the limits of their several jurisdictions, are hereby ratified and affirmed, subject only to reversal by motion for a new trial, appeal, bill of review o r other proceedings, in conformity with the law of force when they were made.
94

Art. 12, Sec. 1, P a r . 6
Paragraph VI. E x i s t i n g O f f i c e r s . The officers of the Government now existing shall continue in the exercise of their several functions until their successors are duly elected or appointed and qualified. But nothing herein is to apply to any officer, whose office may be abolished by this Constitution.
ARTICLE XIII.
AMENDMENTS TO T H E CONSTITUTION
SECTIONI .
Paragraph I. Proposals t o a m e n d t h e Constitution; n e w Constitution; submission to people. A new Constitution may be proposed by the General Assembly or by a constitutional convention. The proposal by the General Assembly to provide for a new Constitution or to amend this Constitution shall originate as a resolution in either the Senate or the House of Representatives and, if approved by twothirds of the members elected to each branch of t h e General Assembly in a roll call vote, such proposal shall be entered on t h e Journals of each branch with the "Ayes" and "Nays" taken thereon. Any proposal to amend this Constitution or any proposal for a new Constitution may be amended or repealed by the same General Assembly which adopted such proposal by t h e affirmative vote of two-thirds of t h e members elected t o each branch of the General Assembly i n a roll call vote entered on their respective Journals, if such action is taken a t least two months prior to the date of the election a t which such proposal is to be submitted.
The Governor, the Attorney General, and the Secretary of S t a t e shall meet and determine whether a proposed amendment is general, and if not general, shall determine what political subdivision or subdivisions are directly affected by such proposed amendment. If a proposed amendment is general, i t shall be published, a s provided by law i n full, once each week for three consecutive weeks immediately preceding the date of the election a t which such proposed amendment i s to be submitted, in one newspaper of general circulation in each Congressional District of t h e State. If such proposed amendment i s not general, it shall be published, a s provided by law, in full, once each week f o r three consecutive weeks immediately preceding the date of the election a t which such proposed amendment is to be submitted, in one newspaper of general circulation in each county in which the directly affected political subdivision or subdivisions are located. I n the event no such newspaper is located in such county, a newspaper in a n adjoining county shall be used. -4 proposal f o r a new Constitution shall be published in the same manner a s proposed general amendments.
Any proposed amendment which is general or a proposal f o r a new Constitution shall be submitted to t h e people of t h e entire S t a t e a t t h e next general election which is held in the even-numbered years, and if ratified by a majority of t h e electors qualified to vote f o r members of the General Assembly voting thereon, such amendment shall become a p a r t of this Constitution or shall become t h e new Constitution, a s t h e case may be. A proposed amendment which is not general shall be

Art. 13, Sec. 1,P a r . 1

submitted a t the next general election which is held in the even-numbered years, but shall only be submitted t o the people of the political subdivision or subdivisions directly affected. The votes of the electors in each political subdivision affected shall be counted separately in determining whether such proposed amendment is ratified, and it must be ratified by a majority of t h e electors qualified to vote f o r members of t h e General Assembly voting thereon i n each such political subdivision before i t shall become a p a r t of this Constitution. The General Assembly, in the resolution, shall state the language to be used in submitting the proposed amendment or proposal for a new Constitution. When more than one amendment is submitted a t the same time, they shall be so submitted a s to enable the electors to vote on each amendment separately, but this shall not apply to a proposal for a new Constitution.
[Editorial note: Paragraph I was altered by amendments of 1956 and 1968.1

P a r a g r a p h 11. Convention, H o w Called. No convention of t h e people shall be called by the General Assembly to revise, amend or change this Constitution, unless by t h e concurrence of two-thirds of all members of each house of the General Assembly. The representation in said convention shall be based on population a s near a s practicable. This Constitution shall not be revised, amended, o r changed by the Convention until the proposed revision, amendment, or change has
been submitted and ratified by the people in the manner provided for submission and ratification of amendments proposed by the General
Assembly.

P a r a g r a p h 111. V e t o N o t Pernzitted. The Governor shall not have the right to veto any proposal by the General Assembly to provide a new Constitution or to amend this Constitution.

Paragraph IV. Effective date of an~endments. Unless the amend-

ment itself shall provide otherwise, an amendment to this Constitu-

tion shall become effective on t h e f i r s t day of J a n u a r y following i t s

ratification.

[Editorial note: Paragraph IV was added in 1970.1

,

ARTICLE XIV. MERIT SYSTEM

Paragraph I. State Pel-sonnel Board. A non-salaried State Personnel Board comprised of three citizens of this State, of known interest i n t h e improvement of public administration, shall administer
a State Merit System under which state personnel shall be selected on a basis of merit, fitness, and efficiency according t o law. The members of the State Personnel Board shall be appointed by t h e Governor with the advice of the Senate. The f i r s t members shall be
appointed f o r terms of three, five and seven years, respectively, the terms to be designated by the Governor. All subsequent appointments shall be f o r a period of seven years, except unexpired terms. No S t a t e official or employee shall be a member of the S t a t e Personnel Board.

Art. 14, Sec. 1, P a r . 2
P a r a g r a p h 11. Retirement S ~ s t e mA. ppropriation. The General Assembly is authorized to establish a n actuarially sound retirement system for employees under a merit system. Adequate appropriations shall be provided f o r the operation of a merit system and t h e S t a t e Personnel Board.
ARTICLE XV HOMERULE
Paragraph I. The General Assembly is authorized to provide by law f o r t h e self-government of municipalities and to t h a t end is hereby expressly given the authority to delegate its powers so t h a t matters pertaining to municipalities upon which, prior to the ratification of this amendment, it was necessary for the General Assembly to act, may be dealt with without t h e necessity of action by the General Assembly. Any powers granted a s provided herein shall be exercised subject only to statutes of general application pertaining to municipalities.
[Editorial note: By an amendment ratified on November 2, 1954, the original home rule provision of t h e Constitution was stircken in i t s entirety a n d replaced by the above provision.]
Paragraph I. Home Rule for Cour~ties. (a) The governing authority of each county shall have legislative power t o adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which is not inconsistent with this Constitution, or any local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in Subparagraph ( b ) . This, however, shall not restrict the authority of the General Assembly by general law t o further define this power or to broaden, limit or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify or supersede any action taken by a county governing authority under this Section except as authorized under Subparagraph (c) hereof.
(b) Except as provided in Subparagraph (c), a county may, a s a n incident of its home rule power, ammend or repeal the local acts applicable t o its governing authority by following either of the procedures hereinafter set forth :
1. Such local acts may be amended or repealed by a resolution or ordinance duly adopted a t two regular consecutive meetings of the county governing authority not less than seven nor more than sixty days apart. A notice containing a synopsis of the proposed amendment of repeal shall be published in the official county organ once a week f o r three weeks within a period of sixty days immediately preceding its final adoption. Such notice shall state t h a t a copy of the proposed amendment or repeal is on file in l.he office of the clerk of t h e superior court of the county f o r the purpose of examination and inspection by the public. The Clerk of the Superior Court shall furnish

Art. 15, Sec. 2, P a r . 1
anyone, upon written request, a copy of t h e proposed amendment or repeal. No amendment or repeal hereunder shall be valid to change o r repeal an amendment adopted pursuant to a referendum as provided i n 2. of this Subparagraph or to chanee or repeal a local act of t h e General Assembly ratified in a referendum by the electors of such county unless a t least twelve months have elapsed after such referendum. No amendment hereunder shall be valid if inconsistent with a n y provision of this Constitution or if provision h a s been made therefore by general law.
2. Amendments t o or repeals of such local acts or ordinances, resolutions or regulations adopted pursuant to Subparagraph (a) hereof may be initiated by a petition filed with the ordinary of the county containing, i n cases of counties with a population of five thousand or less, t h e signatures of a t least twenty-five per centum of the electors registered to vote in the l a s t general election; in cases of counties with a population of more t h a n five thousand b u t not more t h a n f i f t y thousand, a t least twenty per centum of the electors registered to vote i n t h e l a s t general election; and in cases of a county with a population of more t h a n f i f t y thousand, a t least ten per centum of the electors registered t o vote in the last general election, which petition shall specifically set forth the exact language of the proposed amendment or repeal. The ordinary shall determine the validity of such petition within 60 days of its being filed with the ordinary. I n the event the ordinary determines that such petition is valid, i t shall be his duty to issue t h e call f o r a n election f o r the purpose of submitting such amendment or repeal to the registered electors of t h e county for their approval or rejection. Such call shall be issued not less t h a n ten nor more t h a n sixty days a f t e r the date of the filing of t h e petition. He shall set the date of such election f o r a day not less t h a n sixty nor more t h a n ninety days a f t e r the date of such filing. The ordinary shall cause a notice of t h e date of said election t o be published in the official organ of t h e county once a week f o r three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state t h a t a copy thereof is on file i n the office of the ordinary of the county f o r the purpose of examination and inspection by the public. The ordinary shall furnish anyone, upon written request, a copy of t h e proposed amendment or repeal. If more t h a n one-half of t h e votes cast on such question a r e for approval of the amendment o r repeal, i t shall become of full force and effect, otherwise i t shall be void and of no force and effect. The expense of such election shall be borne by t h e county and i t shall be t h e duty of the ordinary to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except a s otherwise provided herein. I t shall be t h e duty of t h e ordinary t o canvass the returns and declare and certify the result of the election. I t shall be his further duty to certify t h e result thereof to t h e Secretary of S t a t e i n accordance with the provisions of P a r a g r a p h 4 of this Section. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with a n y provision of this Constitution or if provision has been made therefor by general law.
I n the event that the ordinary determines that such petition was not
98

Art. 15, Sec. 2, Par. 1
valid, he shall cause to be published in explicit detail the reasons why such petition is not valid: Provided, however, that in any proceeding in which the validity of the petition is a t issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county in the week immediately following the date on which such petition is declared to be not valid.
(c) The power granted to counties in Subparagraphs ( a ) and (b) above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution:
1. Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the county governing authority.
2. Action affecting the composition, form, procedure for election or appointment, compensation and expenses and allowances in the nature of compensation, of the county governing authority.
3. Action defining any criminal offense or providing for criminal punishment.
4. Action adopting any form of taxation beyond that authorized by law or by this Constitution.
5. Action expending the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by local or general law or by this Constitution.
6. Action affecting the exercise of the power of eminent domain.
7. Action affecting any court or the personnel thereof.
8. Action affecting any public school system.
(d) The power granted in Subparagraphs ( a ) and (b) of this Paragraph shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except a s is incident to the exercise of an independent governmental power.
( e ) Nothing in this Paragraph shall affect the provisions of Paragraphs 2 and 3 of this Section.
Paragraph 11. Salary o f County Ewzployees; How Fixed. The governing authority of each county is authorized to fix the salary, compensation and expenses of those employed by such governing authority and to establish and maintain retirement or pension systems, insurance, workmen's compensation, and hospitalization benefits for said employees.
Paragraph 111. County Planning and Zoning. The governing au-
99

Art. 15, Sec. 1, P a r . 3
thority of each county is empowered to enact f o r unincorporated areas of the county appropriate planning and zoning ordinances f o r public safety, historic, health, business, residential, and recreational purposes. Such governing authority is hereby authorized to establish planning and zoning commissions separately or in conjunction with any combination of other counties and municipalities of this state and adjoining states. The General Assembly is hereby authorized to provide by law f o r such joint planninq and zoning con~missionsand provide the powers and duties thereof. Such governing authority is h ~ r e b yauthorized to participate in the costs of such planning commission.
Paragraph IV. Filing and Publication of Laws. No amendment or revision of a n y local a c t made pursuant to P a r a g r a p h 1 of this Section shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and a n affidavit of a duly authorized representative of the newspaper in which such notice w a s published to the effect that said notice has been published a s provided i n said Paragraphs, has been filed with the Secretary of State. The Secretary of S t a t e shall provide f o r t h e publication and distribution of all such amendments and revisions a t least annually.
P a r a g r a p h V. The powers granted by this amendment shall be cumulative of all powers heretofore granted to counties by the Constitution of Georgia of 1945 and amendments thereto and this amendment shall not operate to repeal any existing local constitutional amendments.
[Editorial note: All of Section I1 was added by an amendment ratified Nov. 8,
1966.1
ARTICLE XVI. SLUMCLEARANCAEND REDEVELOPMENT
The General Assembly may provide by law t h a t any city or town, or any housing authority now or hereafter established, or any county may undertake and carry out slum clearance and redevelopment work, including t h e acquisition and clearance of areas which a r e predominantly slum or blighted areas, t h e preparation of such areas f o r reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof.
[Editorial note: This article was added by an amendment ratified on November
2, 1954.1
ARTICLE SVII. PUBLIC TRANSPORTATION OF PASSENGERS FOR HIRE
SECTIONI. Public Transportation of Passengers f o r H i r e
i n the Metropolitan Area of Atlanta.
P a r a g r a p h I. The acquisition, establishment, operation, o r admin-

Art. 17, Sec. 1, P a r . 1
istration of a system of Public transportation of passengers f o r hire within t h e metropolitan a r e a of the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett, is a n essential governmental function and a public purpose f o r which t h e powers of taxation and eminent domain may be exercised and public funds of said counties and municipality expended.
P a r a g r a p h 11. The General Assembly may create a public corporation or authority a s a n instrumentality of t h e City of Atlanta and t h e Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett, o r a n y one or any combination thereof, to perform the aforesaid function, to have the power of eminent domain, the power t o borrow money and issue obligations payable from its revenues, and such other powers as may be necessary or convenient f o r t h e accomplishment of the aforesaid function and purpose.
P a r a g r a p h 111. The General Assembly may provide t h a t such public corporation or authority, a s a n instrumentality of t h e participating counties and municipality, its property, acts, activities, income and obligations and the interest thereon, shall be exempt from any tax obligations and from regulation by a n y agency or commission of the State.
Paragraph IV. The General Assembly may authorize the City of Atlanta, and t h e Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett to contract with such public corporation or authority for the performance of the aforesaid function and purpose; to pay f o r the public transportation services and facilities contracted for, including t h e payment of t h e principal and interest on a n y obligations issued by such public corporation o r authority in order t o acquire the necessary facilities and property therefor and in connection therewith to establish and maintain reasonable reserves; to levy taxes to the extent necessary to fulfill the obligation incurred in such contracts; and to convey to such public corporation or authority property or facilities, or render services, which may be useful to the establishment, operation or administration of a public transportation system within the aforesaid metropolitan area; provided that no county shall have the power to levy a n y t a x on a n y subject of taxation situated within t h e territorial limits of a n y incorporated municipality which h a s a contract with said public corporation or authority and is itself levying a tax for that purpose.
Paragraph V. The provisions of this article shall be liberally construed to effectuate its purpose and shall not be limited or restricted by a n y existing provision of or amendment to this Constitution, or any general or special law heretofore enacted, and the authority granted by this Article to the General Assembly may be exercised by general, special or local laws without regard to uniformity.
[Editorial note: Article XVII w a s added in 1964.1

Table of Amendments

TABLE OF AMENDMENTS

Year
1946 1948 1950 1952 1954 1956 1958 1960 1962 1964 1966 1968 1970

Number Proposed Generaf Special

1

0

0

17

4

33

10

36

7

40

12

46

16

56

19

68

16

121

14

103

19

93

23

106

15

46

Number Ratified Number Rejected General Special General Special

0

0

1

0

0

15

0

2

2

26

2

7

9

31

1

5

7

28

0

12

12

36

0

10

5

38

11

18

14

50

5

18

10

99

6

23

12

76

2

27

17

63

2

30

19

88

4

18

6

28

9

17

Total

156

765

113

578

43

187

Total number of amendments to 1970 -691.

NOTE: For a brief analysis of these amendments in chronological order, see Local Aqnendnzents to the Constitutions of 1877 and 1945. Atlanta: Office' of Legislative Counsel, 1961. See also "Constitutional Amendments," Georgia S t a t e B a r Journal,
February, 1969, pp. 331-345.