Constitution of the state of Georgia ratified, August 7, 1945, proclaimed, August 13, 1945 [Jan. 1973]

CONSTITUTION
OF THE
STATE OF GEORGIA
[Com~iledJanuary, 197:
PROCLAIMED, AUGUST

Editorial Note: This compilation of the Georgia Constitution does not include amendments which are not general within the meaning of Paragraph I, Section I, Article XIII.
CONSTITUTION OF THE
STATE OF GEORGIA

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

ARTICLE ARTICLE ARTICLE ARTICLE
ARTICLE ARTICLE

I-Bill

of R i g h t s 17 ---- - - - ~.- - - ~ - -..--~ .---.---..

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

22

111-Legislative Department

.

.

24

IV-Power of General Assembly over Taxation 31 ............................

V-Executive VI-Judicia. r.y

Department 34 ....................

..............................................

46

ARTICLE VII-Finance, Taxation and

Public Debt

58

ARTICLE VIII-Education

98 .....................................

ARTICLE ARTICLE

IX-Homesteads and Exemptions 104 .----..-_.-..-

X-Mili.tia. .

............................................

105

ARTICLE XI-Counties and Municipal

Corporations ..................................

106

ARTICLE XII-The Laws of General Operations in Force in t h i s S t a t e ................. 108

ARTICLE XIII- Amendments to the Constitution ........ 108

ARTICLE XIV-Merit System ............................. 110

ARTICLE XV-Home Rule ...................................

-110

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

-114

ARTICLE XVII-Public Transportation of Passengers for Hire 114 .................

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.
Constitution 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 O F CONSTITUTION O F 1945
Amendment to Art. VII, Sec. I, Par. 11, sub-par. 1, so a s to authorize the General Assembly to provide f o r the payment of one hundred thousand dollars ($100,000.00) for bringing i n 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 f o r the appropriation of funds f o r highway purposes.
Amendment t o Art. VII, Sec. I, P a r . 11, Subsec. 3, so a s to change the levy of taxes permitted on property f o r a n y 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 ( % ) 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 f o r the taxation of national banking associations or corporations is enacted by the Gen. Assembly f o r 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 t h a t the Gen. Assembly may exercise the power of taxation f o r the purpose of making provision f o r the payment of pensions to ex-Confederate soldiers and to t h e widows of Confederate soldiers who a r e unmarried.
Amendment to Par. 4, Sec. I, Art. VII, authorizing the Gen. Assembly to exempt from taxation intangible personal property owned by a t r u s t forming a p a r t of a pension, profit sharing or stock bonus plan exempt from federal income t a x 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 i t s 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 for notice of intention to apply for local legislation to be advertised in the newspaper in the locality affected; to provide for the method of changing term of office or abolishing a n office during the tern1 for which a person has been elected; and to provide for the method of increasing the membership of any municipal or county governing authority.
Amendment to Art. 13, Sec. 1, Par. 1, providing for the subnlission of amendments to the Constitution t h a t affect only a county or counties, municipality or municipalities.
RATIFIED NOVEMBER 4, 1952.
***:**
Amendment to the Constitution so a s to authorize the General Assembly to provide for self-government of municipalities.
Amendment to Article 111, Section IV, Paragraphs I and I11 of the Constitution so a s to provide for annual sessions of the General Assembly not to exceed forty (40) days.
Amendment to Article VII, Section I, Paragraphs IV, of the Constitution of Georgia providing for the exemption of all property owned by religious groups for residential purposes and from which no income is derived.
Amendment to Article VIII of the Constitution adding a new section relating to education.
An~endmentto 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 tax levy for education.
RATIFIED NOVEMBER 2, 1954.
Amendment to Article V1, 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 f o r certain cities.
Amendment to the Constitution so as to authorize the General Assembly to consider business pending a t t h e adjournment of any 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 f o r the payment of $250,000.00 in connection with the bringing i n of t h e 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.
Ainendment 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 t o 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 t o provide for the appropriation of motor fuel taxes for highway construction and maintenance purposes in order to provide a n 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 t o 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 t o 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 a n 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 t h e purposes of the Commission.
Amendment to the Constitution so a s to provide for the pron~otion 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 a s 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 f o r 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 as 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 a s 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.
6

Amendment to Article VII, Section I11 of the Constitution so as t o 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 f o r 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 State 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 a s to authorize the General Assembly to provide for the payment of grants to counties under certain conditions.
Amendment to Article VII, Section I X 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 f o r 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 t o Article XVI of the Constitution so a s to allow counties to undertake and carry out a slum clearance and redevelopment 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.
* * * 0 *
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 t o 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 f o r the granting of scholarships t o students desiring to study courses in the paramedical, professional or educational fields.
Amendment to the Constitution so as to provide more democratic provisions for the merger, consolidation and division of counties.
7

Amendment to the Constitution so a s to authorize the General Assembly to provide by law f o r a program of guaranteed student loans and f o r the payment of interest on student loans f o r 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 a s to authorize the General Assembly t o enact legislation to insure continuity of S t a t e and local governmental operations i n periods of emergency resulting from disasters caused by enemy attack.
Amendment t o the Constitution so a s to authorize county boards of education t o expend educational funds f o r the purpose of providing Workmen's Compensation.
Amendment to the Constitution so a s 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 exen~ptionfor certain persons sixty-five (65) years of a g e or over.
Amendment to the Constitution so as 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 S t a t e Board of Corrections which i s applicable f o r the repayinent of medical loans or scholarships shall be retroactive.
Amendment to the Constitution so as 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 liriiits of a n y incorporated municipality.
An~endinentto the Constitution so a s to extend the hoinestead 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.

Amendment to the Constitution so a s t o provide for the payment for taking or damaging private property f o r public road and street purposes, i n order t o authorize t h e s t a t e t o require the removal of existi n g 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 t o prevent t h e loss of large sums of Federal money.
Amendn~entt o t h e Constitution so a s t o authorize t h e General Assembly to appropriate funds to any State department or other State agency f o r the purpose of being used t o obtain funds from t h e 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 t o the Constitution so a s t o require notice of candidacy for write-in candidates.
Amendment to the Constitution so as to provide a method whereby the manner of electing or appointing m e n ~ b e r sof county boards of education and county school superintendents, their t e r m 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 t o provide f o r the exemption from taxation of all facilities installed f o r the primary purpose of reducing a i r or w a t e r 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.
Amendn~entto t h e Constitution so a s t o provide home rule f o r counties.
Amendment to the Constitution so as to authorize the Department of Industry and Trade t o participate i n the operation of certain facilities f o r the promotion of tourism in t h e S t a t e 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 or 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 t o accept and dispense Federal f u n d s i n 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.
9

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 for which the power to taxation of this State may be exercised and its public funds expended.
Amendment to the Constitution so a s to 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 S t a t e Department of Public Health shall be applicable service f o r the repayment of medical loans and scholarships and t h a t such service shall be retroactive.
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 change the provisions relati n g t o 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 as to provide that solicitors general shall be elected only by the electors residing in the circuit in which the solicitor general is to serve.
RATIFIED 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 for Governor in the event no candidate received a majority of the votes cast in the general election.
Amendment to 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 to the election of the Governor shall apply t o said officers and t o provide t h a t in t h e event of the death or withdrawal of any 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 to 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 law 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 an 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 f o r the issuance of revenue bonds f o r the purpose of making direct loans to students in order to allow such students to acquire a n education beyond the twelfth grade.
Amendment to the Constitution to extend the homestead exemption for disabled veterans to those veterans suffering from loss, o r loss of use, of both lower extremities, such a s to preclude locomotion without the aid of braces, crutches, canes or 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 or older whose net income a s defined by Georgia law for income tax purposes when added to t h a t 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 o r development of new business, industry o r tourism within the State and provide t h a t 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 an 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 for a new Constitution as well a s 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 or 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 f o r 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 a s 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 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 lunchroom personnel, school maintenance personnel and school custodial personnel, and f o r 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.
RATIFIED 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 d a y 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 f o r 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 t h e 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 as to preclude locomotion without resort to a wheelchair.
Amendment to the Constitution to authorize the General Assembly to provide by law for grants o r scholarships to citizens of Georgia who are 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 o r more owners, heirs or beneficiaries who reside on such property.
Amendment to the Constitution to authorize the General Assembly t o 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 p u r s u a n t 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.
Amendment to the Constitution so as to provide for a Judicial Qualifications Commission; t o provide f o r the members of said Commission, their appointment or election, terms of office, duties, powers, and expenses; to provide for practice and procedures; to provide for removal, discipline, o r involuntary retirement of justices o r judges of any court of this S t a t e and t h e grounds therefor; t o provide f o r all matters relative thereto.
Amendment to the Constitution so a s t o change the name and composition of the S t a t e Game and Fish Commission to the Board of Natural Resources.
Amendment to the Constitution to change the name and designation of the Department of Industry and T r a d e to the Department of Coinmunity Development; t o change t h e name and designation of the Board of Commissioners of the Department of Industry and Trade t o the Board of Community Development.
Amendment to the Constitution so a s to change the name and designation of the S t a t e Highway Board to the S t a t e Transportation Board; to change t h e name and the designation of t h e Director t o Con~missioner;to change t h e reference and designation of the S t a t e Highway Department t o the Department of Transportation; to enable the S t a t e of Georgia and i t s Department of Transportation to comply with a n Act of Congress providing f o r t h e "Control of Outdoor Advertising" on the Interstate o r P r i m a r y Systems of Federal-Aid Highways; and to repeal a prior amendment dealing with highway beautification.
Amendment to the Constitution so a s to remove the Treasurer a s a n elected Constitutional Officer; to replace t h e name of the Treasurer
13

wherever it appears in the Constitution; to provide f o r the maintenance of t h e S t a t e Sinking Fund.
Amendment to the Constitution so a s to provide that the State Board of Pardons and Paroles shall be composed of not less than five or more t h a n seven members; to provide t h a t f u t u r e members of t h e Board shall serve f o r a period of seven years o r until removed by the concurrent action of t h e Governor, Lieutenant Governor and Attorney General.
Amendment to the Constitution so a s to authorize incurring public debt; t o provide f o r t h e payment of such debt; t o create the Georgia State Financing and Investment Commission.
Amendment to the Constitution so a s to make i t possible for the State and State agencies, a s well a s political subdivisions, public authorities, public corporations and others, to comply wilh a n Act of Congress known a s the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970."
Amendment to the Constitution so a s to provide that the General Assembly m a y exempt from ad valorem taxation property of nonprofit hospitals which is used in connection with the operation of the hospital.
Amendment t o the Constitution so a s t o authorize the General Assembly t o provide by law f o r a program o r programs of loans, scholarships and grants, and t h e insuring of loans and payment of interest on loans to citizens of this S t a t e f o r educational purposes.
Amendment to the Constitution so as to authorize State taxation t o pay t h e salaries of personnel and to pay f o r the utilization of school facilities, including school buses, f o r extracurricular and interscholastic activities, including literary events, music, and athletic programs within individual schools and between schools in the same or in different school systems when such activities a r e sponsored by local boards of education a s a n integral p a r t of the school program.
Amendment to the Constitution so a s to authorize t h e General Assembly t o provide by l a w f o r tuition g r a n t s to children of United States servicemen who were bona fide residents of this State a t the time of their e n t r y into t h e Armed Forces and who a r e missing in action or captured by a hostile force after 26 March 1964.
Amendment to the Constitution so a s to provide t h a t each disabled veteran who i s a citizen and resident of Georgia shall be granted an exemption from all ad valorem taxes on the vehicle he owns and on which he actually places t h e free HV vehicle license plates he receives from the State of Georgia.
Amendment to the Constitution so as to provide State departments
. and State agencies with the ssthority to disburse State funds to
match federal funds in order to ~ r o v i d eaualified emwlo.vees with
subprofessional, technical and professional (~clucationalscholarships and to establish the terms and conditions of educational scholarships.
Amendment to the Constitution so a s t o provide t h a t federal old-age, survivor or disability benefits shall not be included in income for the purpose of persons 65 years of age o r over qualifying f o r a homestead exemption of $4,000; to provide t h a t a f t e r a person once receives such exemption they need not apply for such exemption each year but

must notify the tax commissioner or tax receiver in the event he is no longer eligible f o r such exemption.
Amendment to the Constitution so a s to provide t h a t the homestead of each resident of each independent school district who i s 62 years of age or over and who h a s a n income f r o m all sources, including the income fro111 all sources of certain members of the family, not exceeding $6,000 per annum, m a y be granted a n exemption from all ad valorem taxation for educational purposes levied f o r and i n behalf of such system.
Amendment to the Constitution so a s to provide t h a t the homestead of each resident of each county school district who i s 62 years of age or over and who has a n income from all sources, including the income from all sources of certain members of the family, not exceeding $6,000 per annum, may be granted an exemption from all ad valorem taxation for educational purposes levied f o r and in behalf of such system.
Amendment to the Constitution so a s to confer upon counties and municipalities, or any combination thereof, or the General Assembly certain power and authority to provide services; and to provide for districts within which such services may be provided.
Amendment to the Constitution so a s to authorize the General Assembly to provide by law f o r the increase of retirement or other benef i t s of retired persons who have retired or in the f u t u r e retire pursuant to any retirement or similar system created by law when such law provided t h a t such system be funded wholly o r partly from fines and forfeitures.
Amendment to the Constitution so a s t o provide f o r concurrent jurisdiction over juvenile offenders in the Superior and Juvenile Courts.
Amendment to the Constitution so as to provide for annual appropriations.
Amendment to the Constitution to authorize the General Assembly to provide by law for durational residence requirements for elections.
RATIFIED NOVEMBER 7, 1972.

Governor's No. 34 House Resolution No. 11
A RESOLUTION
Proposing (as one single amendment) to amend the Constitution of t h e State of Georgia of 1877 and all amendments thereof, by striking in their entirety Article I (Bill of Rights), Article I1 (Elective F r a n chise), Article I11 (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 i n This State), Article XI11 (Amendments t o the Constitution), and by inserting in lieu thereof, after t h e Preamble of the Constitution of t h e State of Georgia of 1877, new Articles a s follows: Article I (Bill of Rights), Article I1 (Elective Franchise), Article I11 (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 to provide f o r the submission of the Amendment so proposed a s one Amendment to the qualified voters of the State of Georgia for ratification or rejection a t the General Election t o 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 impracticable otherwise than in one subject matter and one amendment to perfect the rearrangement sought; and to render unnecessary t h e 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 ZV (Power of t h e 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 inserting in lieu thereof new Articles Numbers I through XV inclusive, so t h a t when so amended, t h e Constitution of the State of Georgia of 1877 shall read, beginning with the Preamble, as follows :
16

CONSTITUTION O F T H E 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. BILL OF 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 to the Courts. No person shall be deprived of the right to prosecute or defend his own cause in any of the courts of this State, in person, by attorney, or both.
Paragraph V. L'enefit of Counsel; Accusation; L i s t o f W i t n e s s e s ; Compulsory Process; T r i a l 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. Grimination of Self N o t Compelled. No person shall be compelled to give testimony tending in any manner to criminate himself.
Paragraph VII. Banishment and Whipping a s Punishment for Grime. Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed.
Paragraph VIII. Jeopardy of L i f e o r 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.
17

Art. 1, Sec. 1, P a r . 9
Paragraph IX. Bail; Fines; Pztnishment; Arrest, Abuse of Prisolzr ers. 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, o r i n prison.
Paragraph X. Costs. No person shall be compelled to pay costs except after conviction on final trial.
P a r a g r a p h XI. Habeas Corpus. The w r i t of Habeas Corpus shall not be suspended.
P a r a g r a p h XII. F r e e d o m of Co)lscience. All men have the n a t u r a l and inalienable right to worship God, each according to the dictates of his own conscience, and no human authority should, in a n y case, control or interfere with such r i g h t of conscience.
Paragraph XIII. Religious Opinions; Liberty of Conscience. No inhabitant of this S t a t e shall be molested in person or property, o r prohibited from holding a n y public office, or t r u s t , on account of his religious opinions; but the right of liberty of conscience shall not be so construed a s to excuse acts of licentiousness, or justify practices inconsistent with t h e peace and safety of t h e 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 a n y church, sect, or denomination of religionists, or of any sectarian institution.
Paragraph XV. Liberty of Speech or of the Press Guaranteed. No law shall ever be passed to curtail, or restrain t h e liberty of speech, or of t h e press; a n y person may speak, write and publish his sentiments, on all subjects, being responsible f o r the abuse of t h a t liberty.
Paragraph XVI. Searches, Seizures, and W a r r a l ~ 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 w a r r a n t 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 t o be seized.
Paragraph XVII. Slavery altd I~zvoluiitaryServitude. There shall be within the S t a t e of Georgia neither slavery nor involuntary servitude, save a s a punishment for crime after legal conviction thereof.
P a r a g r a p h XVIII. S t a t u s of the Citizen. The social status of t h e citizen shall never be t h e subject of legislation.
Paragraph XIX. Civil Authority Superior to Military. The civil authority shall be superior to the military, and no soldier shall, in time of peace, be quartered in a n y house without t.l..e consent of t h e owner, nor in time of w a r , except by the civil p a g i s t r a t e , i n such manner a s may be provided by law.
P a r a g r a p h XX. C o n t e m p t s . The power of the Courts to punish for contempt shall be limited by legislative acts.
18

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 Ezecutive 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: An amendment to this paragraph was added by an amendment ratified November 8, 1966 and removed by an amendment ratified November 7, 1972.1
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, Effect 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.

Art. 1, Sec. 3, P a r . 1
SECTIO1N11.
Paragraph I. Private W a y s ; Just Compensation; Relocation Assistance; Land Acquisition Policies, Practices and Expenses. 1. I n case of necessity, private ways may be granted upon just compensation being f i r s t paid by the applicant. Private property shall not be taken, o r 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 t h e municipalities of the State, j u s t and adequate compensation therefor need not be paid until the same h a s been finally fixed and determined a s provided by law, but such just and adequate compensation shall then be paid in preference to all other obligations except bonded indebtcdness. The General Assembly may by law require the condemnor to make prepayment against adequate compensation a s a condition precedent t o t h e evercise of the r i g h t of eminent domain and provide f o r the disbursement of t h e same t o t h e end t h a t the rights and equities of t h e property owner, lein holders, and t h e State and its subdivisions may be protected.
2. Nothwithstanding a n y other provisions of this Constitution, t h e General Assembly of the S t a t e of Georgia may be law require the State and State agencies and institutions, and counties, municipalities, school districts, political subdivisions, public authorities, public agencies, public corporations and public instrumentalities created under this Constitution or t h e laws of this S t a t e : ( i ) to provide relocation assistance and payments to persons displaced by public projects or programs undertaken or sponsored by the foregoing public entities, including without limitation, all of those relocation assistances and payments a s are, by Section 210 of t h a t certain Act of Congress of the United States of America known a s the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Pubhc Law 91-646, 91st Congress, approved J a n u a r y 2, 1971), required t o be made or furnished to such displaced persons by such public entities in order t h a t federal financial assistance can be made available to such public entities with respect to the public projects or programs causing such displacements, and (ii) to establish and implement acquisition policies and practices and provide for the payment or reimbursement of necessary expenses of persons whose properties a r e acquired in connection with the acqu~kition of real property f o r public projects or programs, such policies, practices, payments and reimbursements to include, without limitation, those real property acquisition policies, practices, payments and reimbursements which Section 305 of said Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 requires t h a t the foregoing public entities establish and implement or pay anti reimburse, a s the case may be, in acquiring real property f o r a public project or program i n order t h a t federal financial assistance can be made available to such public entities with respect to such projects or programs. The providing of all of such relocation assistances and payments and, in connection with t h e acquisition of real property f o r public projects o r programs, the establishing of all of such policies and practices and the paying or reimbursing of all of such necessary expenses, a r e declared to be necessary, among other reasons, in order to avoid the loss of large sums of money which will otherwise be made available to the foregoing public entities a s financial as-
20

Art. 1, Sec. 3, Par. 1
sistance by the United States of America and shall constitute governmental functions undertaken for public purposes, and the powers of taxation may be exercised and public funds expended in furtherance thereof. ,
[Editorial note: The title of Paragraph I was amended and subparagraph 2 added by an amendment ratified November 7, 1972.1
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 T a x Exemptions. All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void.
SECTIONIV.
Paragraph I. General L a w s ; U n i f o r m 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. W h a t A c t s 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 N o t Denial of Others. The enumeration of rights herein contained as a p a r t of this Constitution 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.

A r t . 2, Sec. 1, Par. 1
A R T I C L E 11. ELECTIVEFRANCHISE
P a r a g r a p h I. Elections by 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.
P a r a g r a p h 11. Who S h a l l Be A n Elector Entitled to Register a d Vote. Every citizen of this S t a t e who is a citizen of t h e United States, eighteen years old o r upwards, not laboring under any of t h e disabilities named in this Article, and possessing the qualifications provided by it, shall be a n elector and entitled t o register and vote a t any election by the people: Provided, t h a t no soldier, sailor or marine in the military or naval services of the United States shall acquire t h e rights of a n elector by reason of being stationed on duty in this State.
P a r a g r a p h 111. Resiclence Reqztireme?/ts to Register u17tl Vote. The General Assembly shall provide by law for the durational residence requirements necessary to register and vote a t any election by the people except t h a t no person shall be entitled to register and vote unless he shall have resided in the State a t least thirty (30) days immediately preceding the election a t which he seeks to vote.
[Editorial n o t e : P a r a a r a g h 111 w a s altered by arnentlrnrnts ratified Novc>mber 8, 19G6 a n d N o v e m b e r 7 , 1972.1
P a r a g r a p h IV. Qualifications of Electors. Every citizen of this State shall be entitled to register a s a n elector, and to vote in all elections in said State, who is not disqualified under the provisions of Section I1 of Article I 1 of this Constitution, and who possesses the qualifications prescribed in P a r a g r a p h s I1 and I11 of this Section or who will possess them a t t h e date of t h e election occurring next after his registration, and who in addition thereto comes within either of t h e classes provided f o r in t h e two following subdivisions of this paragraph.
1. All persons who a r e of good character and understand t h e duties and obligations of citizenship under a republican f o r m of government; or,
2. All persons who can correctly read in the English language any paragraph of t h e Constitution of t h e United States or of this S t a t e and correctly write the same in the English language when read to them by a n y of the registrars, and all persons who solely because of physical disability a r e unable to comply with the above requirements but who can understand and give a reasonable interpretation of a n y paragraph of the Constitution of t h e United States or of this S t a t e t h a t may be read t o them by a n y of the registrars.
P a r a g r a p h V. Appeal F r o m Decision of Registrars. Any person to whom t h e right of registration is denied by t h e registrars upon the ground that he lacks the qualifications set forth in the two subdivisions of P a r a g r a p h I V shall have the r i g h t t o t a k e a n appeal, and any citizen may enter a n appeal from the decision of the registrars

Art. 2, Sec. 1, P a r . 5
allowing any person to register under said subdivisions. All appeals must be filed in writing with the registrars within ten days from t h e date of t h e decision complained of and shall be returned by t h e registrars t o t h e office of t h e clerk of t h e superior court t o be tried as other appeals.
Paragraph VI. Judgment of Force Pending Appeal. Pending an appeal and until t h e final decision of the case, t h e judgment of t h e registrars shall remain in full force.
SECTIO1N1.
Paragraph I. Registration of Electors; W h o 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 a n y office, or appointment of honor, or trust in this State, to-wit: 1st. Those who shall have been convicted in a n y court of competent jurisdiction of treason against t h e State, of embezzlement of public funds, malfeasance i n office, bribery o r 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.
SECTION111.
Paragraph I. Privilege of Electors f r o m 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 d u r i n g their attendance on elections, and in going to and returning from the same.
SECTIONIV.
Paragraph I. Holder o f Public Funds. No person who is the holder of any public money, contrary t o law, shall be eligible t o a n y office in this State until the same is accounted for and paid into the Treasury.
Paragraph I. Sale of Liquors o n Election Days. The General Assembly shall by law forbid t h e sale of intoxicating drinks i n this State or any political subdivision thereof on all days for the holding of a n y election in the a r e a i n which such election is held and prescribe punishment f o r any violation of t h e same.
SECTIONVI.
Paragraph I. R e t u r n s Made t o Whovz. Returns of election f o r all civil officers elected by t h e people; who a r e t o be commissioned by the Governor, and also f o r members of t h e General Assembly, shall be made to the Secretary of State, unless otherwise provided by law.
SECTIONVII.
Paragraph I. W r i t e - I n V o t e s . No person elected on a write-in vote shall be eligible t o hold office unless notice of his intention of
23

Art. 2, Sec. 7, Par. 1
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: I n a s t a t e general election, to t h e Secretary of S t a t e and by publication in a paper of general circulation in t h e s t a t e ; in a general election of county officers, to t h e ordinary of the county in which he i s t o 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 t h e official gazette of t h e municipality holding the election. The General Assembly may enact other reasonable regulations and require compliance therewith a s a condition of eligibility to hold office in this State.
[Editorial n o t e : Section VII was added by a n amendment ratified Nov. 8, 1966.1
ARTICLE 111. LEGISLATIVDEEPARTMENT
Paragraph I. Power V e s t e d in General Assembly. The legislative power of the S t a t e shall be vested i n 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 t h a n fifty-four and not more t h a n 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 m a y be composed of a portion of one county, but not otherwise. The apportionment of the 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. N u m b e r o f Representatives. The House of Representatives shall consist of representatives apportioned among the several counties of the S t a t e 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 to read as quoted here by an amendment ratified Nov. 2, 1954.1
Paragraph 11. A p p o r t i o n m e n t Changed, H o w . 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.

Art. 3, Sec. 4, Par. 1
SECTIONIV.
Paragraph I. Term of Members. The members of t h e General Assembly shall be elected for two years, and shall serve until the time fixed by law f o r the convening of t h e General Assembly i n t h e year following the second year of such member's t e r m of office.
[Editorial note: This paragraph was changed by an amendment ratified on Nov. 6, 1962.1
Paragraph 11. Election, When. The first election f o r 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 t h a t day, until t h e day of election i n changed by law.
Paragraph 111. Meeting; time limit; adjournment. The General Assembly shall meet in regular session on the second Monday i n January, 1963, and every odd-numbered year thereafter, f o r no longer than twelve days to organize, to receive the proposed General Appropriations Bill, and to attend t o other matters, and reconvene on the second Monday i n February of each odd-numbered year f o r n o 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 t o both Houses of t h e 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 t h e adjournment of a n y regular session may be considered a t a n y regular session of the same General Assembly, a s if there had been no adjournment. Nothing herein shall be construed to affect the power of the Governor to convoke the General Assembly i n extraordinary session, or the duty of t h e Governor t o convene t h e General Assembly in extraordinary session upon t h e certificate of three-fifths of t h e members elected to the Senate and the House of Representatives a s provided in Article V, Section I, Paragraph XI1 of this Constitution. If a n y impeachment t r i a l is pending a t the end of a n y regular o r extraordinary session, the Senate may continue in session until such trial is completed.
[Editorial note: This paragraph was changed by amendments ratified on Nov. 6. 1956, 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 t h e presence of i t s absent members, as each House may provide.
Paragraph V. Oath of Members. Each Senator and Representative, before taking his seat shall take the following oath, or affirmation, to-wit: "I will support the Constitution of this State and of t h e United States, and on all questions and measures which may come before me, I will so conduct myself, a s will, in my judgment, be most conducive to the interests and prosperity of this State."

Art. 3, Sec. 4, Par. 6
Paragraph VI. Eligibility; Appoininzents 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 F r o m District or County, E f f e c t 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 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 t r y 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, tl-ust, 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 of Representatives. The Representatives shall be citizens of the United States who have attained the age
26

Art. 3, Sec. 6, Par. 1
of twenty-one years and who shall have been citizens of this S t a t e f o r two years, and f o r one year residents of the counties f r o m which elected.
Paragraph 11. Speaker. The presiding officer of t h e House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected viva voce f r o m 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. Electiox, R e t u r n s , Etc.; Disorderly Conduct. Each House shall be t h e judge of t h e election, returns, and qualifications of its members and shall have power t o punish them f o r 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. Conteqnpts, N 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 a n y 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 f o r treason, felony, larceny, o r breach of the peace; and no 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 a f t e r i t s adjournment. The General Assembly shall provide for the publication of t h e laws passed by each session.
Paragraph V. W h e r e Journals K e p t . The original journal shall be preserved a f t e r publication, i n t h e office of t h e Secretary of State, but there shall be no other record thereof.
Paragraph VI. Yeas and Nays, W h e n Taken. The yeas and nays on any question shall, a t t h e desire of one-fifth of the members present, be entered on t h e Journal.
Paragraph VII. Bills to B e 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, b u t t h e f i r s t and second reading of each local bill, shall consist of t h e reading of t h e 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.
27

Art. 3, Sec. 7, Par. 9
Paragraph IX. General Appropm'ation 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.
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 a s 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,
28

Art. 3, Sec. 7, Par. 16
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, t o make or change election precincts, nor to establish bridges or ferries, nor to change names of legitimate children; but it shall prescribe by law the manner in which such powers shall be exercised by the courts; 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 a s 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. Recogxixances. 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 a n 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 Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State.
Paragraph XXI. Signature of Governov. 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 in the case of the two-thirds vote required to override the veto, to submit constitutional amendments, and in case of prolongation of a session of the General Assembly.
Paragraph XXII. Adjournnzent. Neither House shall adjourn for more than three days, or to any other place, without the consent of the other, and in case of disagreement between the two Houses on a question of adjournment, the Governor may adjourn either, or both of them.
Paragraph XXIII. Zoning and Planning Laws. The General Assembly of the State shall have authority to g r a n t the 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
29

Art. 3, Sec. 7, Par. 23
be set apart, and regulating the plans for development and improvements on real estate therein.
Paragraph XXIV. Veterans Preference. Any veteran who has served as a member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and was honorably discharged therefrom, shall be given such veterans preference in any civil service program established in the state government or any political subdivision thereof as may be determined by appropriate action of the General Assembly.
Provided, however, notwithstanding any such action by the General Assembly, any veteran who has served a s a member of the armed forces of the United States during the period of any war or the 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 has 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 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 in periods of emergency resulting from disasters caused by enemy attack, shall have the power and the immediate duty:
(1) TQ provide for prompt and temporary succession to the powers
and duties of persons holding office in the Executive, Judicial and Legislative branches of State and local government whether filled by election or appointment, the incumbents of which may become unavailable for 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 for insuring the continuity of governmental operations during such emergency, including but not limited to the suspension of any or all constitutional legislative rule.
Any legislation herefore adopted by the General Assembly which would have been invalid except for the provisions of this Paragraph is hereby ratified as part of the statute laws of the State of Georgia.
[Editorial note: Paragraph XXVI was added by an amendment ratified on Nov. 3, 1964.1

Art. 3, Sec. 8, Par. 3
SECTIONVIII.
Paragraph I. Officers of the Two Houses. The offficers of t h e
two houses, other than the President of the Senate and Speaker of the House, shall be a President Pro Tempore and Secretary of the Senate and Speaker P r o Tempore and Clerk of the House of Representatives, and such assistants as each House may provide for.
SECTIONIX.
Paragraph I. Comnpensation, Expense 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 f o r 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 Tern of the Senate, when serving a s presiding officer thereof, and the Speaker of the 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. Viva Voce Vote; Place of 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.
SECTIONXI. Paragraph I. Salaries of Elective O f f i c i a l s ; How Changed. The General Assembly may, a t any time, by a majority vote of both branches prescribe other and different salaries f o r all of the elective officers provided for in this Constitution, but no such change shall diminish the amount of any salary set forth i n the Constitution.
[Editorial note: This paragraph was altered to read as quoted by an amendment ratified Nov. 6 , 1956. 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.
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 f o r their services, of preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs and of charges of public utilities, a r e hereby conferred upon the General Assembly, whose duty i t shall be to pass laws from time to time, to regulate such tariffs and charges, to

Art. 4, Sec. 1, P a r . 1
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 t o regulate o r fix charges of such public utilities a s a r e o r 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, o r pay, any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public a s 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 t h e state shall never be abridged, nor so construed a s to permit the conduct of business in such manner a s to infringe the equal rights of others, o r the general well-being of the State.
Paragraph I. Charters Revived or Amended Subject to Constitution. 'ihe General Assembly shall not remit the forfeiture of the charter of any corporation now existing, nor alter or 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 corporatio_n i n this State, or any special law for its benefit, accepted thereby, shall operate a s a novation of said chnrter and shall bring the 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 Commission as Constitutional Officers. There shall be a Public Service Commission for the regulation
32

Art. 4, Sec. 4. P a r . 3
of utilities, vested with t h e 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 i n office a t t h e 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 f o r six years. The qualifications, compensations, filling of vacancies, manner and time of election, power and duties of members of t h e Commission, including t h e chairman, shall be such a s a r e now or may hereafter be provided by the General Assembly.
Paragraph I. Wife's Separate Estate. All property of the wife a t the time of h e r marriage, and all property given to, inherited o r acquired by her, shall remain her separate property, and not be liable f o r t h e debts of her husband.
SECTIONVI.
Paragraph I. Nonreside?zt Ilrsurance Companies. All life insurance companies now doing business in this State, or which may desire to establish agencies and do business i n t h e S t a t e of Georgia, chartered by other States of the Union, or foreign States, shall show t h a t they have deposited with t h e Comptroller General of t h e S t a t e i n which they a r e chartered, or of this State, t h e Insurance Commissioner, or such other officer a s may be authorized to receive it, not less than one hundred thousand dollars, in such securities a s may be deemed by such officer equivalent to cash, subject to his order, a s a guarantee fund f o r t h e security of policy-holders.
P a r a g r a p h 11. License by Comptroller General. When such showing is made t o t h e Comptroller General of t h e S t a t e of Georgia by a proper certificate from t h e S t a t e officials having charge of t h e funds so deposited, the Comptroller General of the State of Georgia is authorized to issue to the company making such showing, a license to do business in the State, upon paying the fees required by law.
Paragraph 111. Resident Insur~nce Companies; Guarantee Fund. All life insurance companies chartered by t h e S t a t e of Georgia, o r which may hereafter be chartered by t h e State, shall, before doing business, deposit with the Comptroller General of t h e S t a t e of Georgia, or with some strong corporation, which may be approved by said Comptroller General, one hundred thousand dollars, in such securities a s may be deemed by him equivalent to cash, to be subject t o his order, a s a guarantee fund f o r the security of t h e policy-holders of the company making such deposit, all interest and dividends f r o m such securities to be paid, when due, to t h e company so depositing. Any such securities a s may be needed or desired by the company may be taken from said department a t any time by replacing them
33

Art. 4, Sec. 6, P a r . 3
with other securities equally acceptable to the Comptroller General, whose certificate for the same shall be furnished to the company.
Paragraph IV. General Assembly 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, t o 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, o r doing business therein, under proper penalties, to make annual reports to the Comptroller General, and print the same a t their own expense, for the information and protection of the people.
ARTICLE V. EXECUTIVE DEPARTMENT
SECTIONI.
Paragraph I. Governor; T e r m of O f f i c e ; Salary, E t c . The executive power shall be vested in a Governor, who shall hold his office during the term of f o u r years, and until his successor shall be chosen and qualified. The Governor serving a t the time of t h e adoption of this Constitution and f u t u r e Governors shall not be eligible t o succeed themselves and shall not be eligible to hold the office until a f t e r 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 J a n u a r y 1, 1947. The salary of t h e Governor f o r each 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 that time, any other emolument from the United States, or either of them, or from any foreign power. The State officers, required by this Constitution to be elected a t the same time, for the same term, and in the same manner as the Governor shall also hold office for four years.
Paragraph 11. E l e c t i o l ~j o , Governor. The first election f o r Governor, under this Constitution, shall be held on Tuesday after the f i r s t Monday in November of 1946, and the Governor-elect shall be installed in office a t the next session of the General Assembly. An 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 the places of holding general elections in 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 the General Assembly, and t h e electors shall be the same.
Paragraph 111. Transmission, Canvassing and Publishing Election 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 f r o m other returns and shall be transmitted to the Secretary of State.
34

Art. 5, Sec. 1, P a r . 3
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 t h e Speaker and Clerk of t h e House of Representatives, the President Pro Tempore and the Secretary of the Senate, and t h e chairman of all standing committees of t h e General Assembly. Such Board shall open and publish the returns, and t h e person having the majority of the whole number of votes shall be declared duly elected Governor of this State. Each candidate for Governor shall be entitled to designate one person to be present a t the opening of t h e returns.
[Editorial note: This paragraph was altered by an amendment ratified in 1968.1
Paragraph IV. Run-off Election. In the event no gubernatorial candidate receives a majority of t h e 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 t h e highest number of votes, who continue in life and have not declined to continue a s 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 t h e 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, 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 paraaraph was altered by an amendment ratified in 1968 ]
Paragraph V. General Assembly ?nay 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.
[Ed~torialnote: 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. Liczttenant Governor. Sziccession to Executive Pozoer. 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

Art. 5. Sec. 1. P a r . 7
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 in case of the death o r 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 t h e next general election f o r members of t h e General Assembly, a t which a successor to the Governor shall be elected for the unexpired term; 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 for the unexpired term. If the Lieutenant Governor shall become a candidate f o r t h e unexpired t e r m of t h e Governor, he shall thereby resign his office as Lieutenant Governor, effective upon the qualification of the Governor elected f o r the unexpired term, and his successor f o r 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, the 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 t h e 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 , P a r a g r a p h VIII of the Constitution of Georgia of 1877 shall remain of full force and effect.
[Editorial note: Paragraph VII was amended in 1968.1
P a r a g r a p h VIII. U ~ ~ e x p i r eTde r m s , Filling o f . The General Assembly 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, as the case may be) t h a t I will faithfully execute the office of Governor of the State 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. Corn?~ta?zder-in-Chief.The Governor shall be commander-in-chief of the a r m y and navy of this State, and of the militia thereof.
P a r a g r a p h XI. Reprieves and P a r d o n s ; S t a t e Board of P a r d o ~ l sawd 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 the State, until t h e S t a t e Board of Pardons and Paroles, hereinafter provided, shall have a n opportunity of hearing the application of the convicted person f o r a n y relief within t h e power of such Board, or for a n y other purpose which may be deemed necessary by the Governor. Upon conviction f o r 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, com-

Art. 5, Sec. 1, P a r . 11
mute the sentence, direct its execution or grant a further 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, stating the name of the convict, the offense f o r which h e was convicted, t h e sentence and its date, t h e 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 t h e peace throughout the State. There shall be a State Board of Pardons and Paroles to be composed of not less than five or more than seven members, the number to be determined by t h e General Assembly. Until changed by the General Assembly, the Board shall consist of three members. The additional members of the Board, if added by the General Assembly, and the successors to the present members and all members of t h e Board who are subsequently appointed to fill vacancies shall continue to serve on the Board for a period of seven years o r until they shall be removed from office f o r cause by the unanimous action of the Governor, Lieutenant Governor and Attorney General or by the judgment of the Senate in a trial of impeachment. All appointments to the Board shall be made by the Governor and shall be subject to the confirmation of the Senate. The present members of the Board shall serve out the terms to which they were appointed. The Governor shall not be a member of the State Board of Pardons and Paroles. The General Assembly shall fix t h e compensation of the members of the Board, but until changed by the General Assembly, the members shall continue to receive that compensation which the present members a r e receiving. 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 for any offense against the State, after conviction except in cases of treason o r impeachment, and except in cases in which the Governor refuses to suspend a sentence of death. Provided t h a t such board shall act on all applications within 90 days from the filing of same, and in all cases a majority shall decide the action of the Board. If any member for any cause is unable to serve in any ease involving capital punishment when the Board shall consist of three members, the Governor shall act a s the third member of said Board and the action so taken in such instance shall be by unanimous vote. The S t a t e Board of Pardons and Paroles shall a t each session of the General Assembly communicate to that body in full detail each case of pardon, parole, commutation, removal of the convict, the offense for 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 as may be authorized by law. Each year the Board shall elect one of its members to serve a s Chairman of the Board f o r the ensuing year. The General Assembly may enact laws in aid of, but not inconsistent with, this Paragraph.
[Editorial note: Paragraph XI was alteied an amendment ratified November 7, 1972.1
P a r a g r a p h XII. Writs of Election; Called S e s s i o n s o f the General Assembly. 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, informa-
3 7

Art. 5, Sec. 1, Par. 12
tion of the State 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 t h e object stated in his proclamation convening them; providing that such called sessions of the General Assembly shall not exceed 70 d a y s i n length, unless a t the expiration of said period there shall be pending a n impeachment trial of some officer of the S t a t e Government i n 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 to the Governor of the S t a t e of Georgia t h a t i n their opinion a n emergency exists in the a f f a i r s of t h e State of Georgia, i t shall thereupon be the duty of said Governor and mandatory upon him, within five days from the receipt of such certificate o r 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 a s aforesaid, then and in t h a t event said General Assembly may convene itself in extraordinary session, a s if convened in regular session, f o r all purposes, provided t h a t 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 the State Government, i n which event the General Assembly shall be authorized to remain in session until such trial shall have been completed.
The members of the General Assembly shall receive t h e same per diem and mileage during such extraordinary session a s is now or may be hereafter provided.
Paragraph XIII. Filling Vacancies. When a n y 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. Appointlnents Rejected. A person once rejected by the Senate, shall not be reappointed by the Governor to the same office during the same session, or the recess thereafter.
Paragraph XV. Governor's veto. 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 t h e Governor within five days (Sundays excepted) after i t h a s 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 i n which t o approve the same, and if not

Art. 5, Sec. 1, Par. 15
approved within t h a t time, the same shall become a law. He 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 the Governor, it shall be the duty of the Governor to transmit such bill to the presiding officer of the Branch of the General Assembly in which i t 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) from the date of the adjournment of the Session of the General Assembly at 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 the General Assembly for 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 the same shall be immediately transmitted by t h e Secretary of o r the Clerk of such Branch of the General Assembly to the other Branch of the General Assembly. It shall be the duty of the presiding officer of such other Branch of the 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 the General Assembly should fail to override the Governor's action on a Bill, such Bill shall not again be presented to the General Assembly of Georgia f o r the purpose of overriding the action of the Governor. I n the event a n y bill is enacted into law pursuant to the terms of this paragraph, t h e 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 , 1 9 5 2 , and Nov. 6, 1962.1
Paragraph XVI. Governor to Approve Resolutions. Etc. Every vote, resolution, o r order, to which the concurrence of both houses mag 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 or enter his disapproval of any proposal made by t h e General Assembly to amend this Constitution.
Paragraph XVII. Information From Officers and Employees; Stispension of O f f i c e r s . The Governor may require information in writing from Constitutional officers, department heads, and all

Art. 5. Sec. 1, P a r . 1 7
State employees, on a n y subject relating to the duties of their respective offices or employment. The General Assembly shall have authority t o provide by law f o r t h e suspension of a n y Constitutional officer or department head from t h e discharge of t h e duties of his office, and also f o r the appointment of a suitable person t o discharge the duties of the same.
Paragraph I. Executive Officers, How Elected. The Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, and t h e Commissioner of Labor shall be elected by the persons qualified to vote for members of t h e General Assembly a t the same time, and in the same manner a s the Governor. The provisions of t h e 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 t h e election of the above-named executive officers; and they shall be commissioned by the Governor and hold their offices for the same time as t h e Governor. I n case of t h e death or withdrawal of a person having received a majority of the whole number of votes cast in a n election f o r a n y of the above-named offices, the Governor elected a t such election, upon becoming Governor, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, and individual to serve until the next general election a t which time a successor shall be elected to serve out the unexpired t e r m of office.
[Editorial note: This paragraph was amended in 1968. "Treasurer" was removed by a n amendment ratified November 7 , 1972.1
Paragravh 11. Duties, Authority, aud Salaries of Other Executive Officers. The General Assembly shall have power to prescribe the duties, authority, and salaries of the executive officers, and to provide help and expenses necessary f o r the operation of t h e department of each.
Paragraph 111. Profit F ~ o mUse of Pztblic Money. No State pfficial 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 any 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, State School Superintendent, Comptroller General, Commissioner of Agriculture, and Commissioner of Labor, unless he shall have been a citizen of the United States for 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, for the faithful discharge of their duties.
[Editorial note: "Treasurer" was removed from paragraph IV by an amendment r a t ~ f l e dNovember 7 , 1972.1
40

Art. 5, Sec. 2, P a r . 5
Paragraph V. Fees and Perquisites Denied. No S t a t e official named in Paragraph 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; What Constitutes; Custody; When A f fixed to Znstrzcments. The g r e a t 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 o r General Assembly, and t h a t now in use shall be the great seal of the S t a t e until otherwise provided by law.
SECTIONIV.
Paragraph I. Creation; Membership; Appointment; Terms of O f f i c e ; Powers and Duties; Compensation. There is hereby created a Board of N a t u r a l Resources. Said Board of N a t u r a l Resources shall consist of one member from each Congressional District in this State, and one additional member from one of the following named counties, to-wit: Chatham, Bryan, Liberty, McIntosh, Glynn, or Camden; and four members from .the State a t Large. The f i r s t members of t h e Board of Natural Resources shall consist of those members of t h e S t a t e Game and Fish Commission in office a t the time this paragraph is adopted, with terms provided by law. The four members from the State a t Large shall be appointed by the Governor and confirmed by t h e Senate; initially their appointments shall be f o r terms of one, three, five and seven years respectively, to be designated by the Governor. Thereafter, all succeeding appointments of members of the Board of Natural Resources shall be made by t h e Governor and confirmed by the Senate f o r a t e r m of seven years from t h e expiration of t h e previous term, except in case of a n unexpired term. Insofar a s i t is practicable, the members of t h e Board shall be representative of all areas and functions encompassed within the Department of Natural Resources. All members of t h e Board of N a t u r a l Resources shall hold office until their successors a r e appointed and qualified. Vacancies in office shall be filled by appointment of t h e Governor and submitted to the Senate f o r confirmation a t t h e next session of the General Assembly after the making of the appointment.
The Board of Natural Resources 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.
[Editorial note: Paragraph I was altered by an amendment ratified November 7, 1972.1

'

Paragraph I. State Board of Corrections; How Composed, Director. There shall be a State Board of Corrections composed of five mem-

bers i n charge of t h e S t a t e Penal System. The Board shall have

41

Art. 5. Sec. 5. Par. 1
such jurisdiction, powers, duties and control of the State 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 the Governor with the consent of the Senate. The first appointment shall be for terms of one, two, three, four and five years and their successors shall be appointed for terms of five years each. The compensation of the Director and members of the Board shall be fixed by law.
Paragraph I. Veterans Service Board; How Composed; Director. There shall be a State Department of Veterans Service and Veterans Service Board composed of seven members, who shall have such control, duties, powers and jurisdiction of the State Department of Veterans Service as shall be provided by law. Said Board shall appoint a director who shall be the executive officer of the Department. Members of the Board shall be appointed by the Governor with the advice and consent of the Senate and all members of the Board and the Director shall be veterans of some war in which the United States has engaged.
The first appointments shall be for terms of one, two, three, four, five, six and seven years. Thereafter all terms and appointments, except in case of vacancy, shall be for seven years. Vacancies shall be filled by appointment of the Governor.
SECTIONVSII, 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, s e e the Table of Amendments t o the 1945 Constitution of Georgia published by the Institute o i Law and Government, University of Geurgia. Athens, Georgia.]
Paragraph I. There is hereby created the Department of Community Development in lieu of and as succe:;or to the Department of Industry and Trade. Wherever the words Department of Industry and Trade" are used in any statute they shall be held and taken to mean the Department of Community Development. There is hereby created a Board of Community Development in lieu of and as successor to the Board of Commissioners of the Department of Industry and Trade. Wherever the words "Board of Commissioners of the Department of Industry and Trade" are used in any statute they shall be held and taken to mean the Board of Community Development. The Board shall be composed of twenty members, two from each Congres-

Art. 5, Sec. 10, P a r . 1
sional District in the State. The Board shall be the policy determining body of the Department and shall have such duties, powers, authority and jurisdiction relating to the Department as shall be provided by law. Nothing herein shall affect t h e terms of office of members of t h e Board of Commissioners now in office, and such members shall serve out the remainder of their respective terms and until their successors are duly elected and qualified as hereunder provided. The successors to such members, except in case of a n appointment to fill a vacancy, shall be for six years dating from April 1 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. In making appointments to the Board, the Governor shall insure that there is representation from local governments and area planning and development commissions as provided by law. The Board shall appoint a Commissioner who shall be the Executive Officer and Administrative Head of the Department.
[Editorial note: Section X. Paragraph I was added by an amendment ratified November 6. 1962 and altered by an amendment ratified November 7, 1972.1
Paragraph 11. I n addition to such powers and duties as may from time to time be conferred upon the Board of Community Development and the Department of Community Development, t h e Board of Community Development 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 agencies f o r the purpose of encouraging and promoting tourism in this state, notwithstanding a n y other provisions of this Constitution to the contrary.
[Editorial note: Paragraph 11 was added by an amendment ratified November 8 , 1966 and altered by an amendment ratified November 7 , 1972.1
SECTIONXI.
Paragraph I. State Transportation Board Created. There shall be a State Transportation Board, composed of a s many members a s there a r e Congressional Districts in t h e 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 counties and Senatorial Districts embraced or partly embraced within such Congressional District, meeting in caucus. All members shall be elected f o r terms of five years each and until their successors a r e duly elected and qualified. Nothing herein shall affect t h e 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 a s members of t h e State Transportation Board, and until their successors are duly elected and qualified as hereunder provided. The successors to such members, as their respective terms expire, shall be elected by the General Assembly as provided herein and pursuant to the provisions of law enacted o r as may hereafter be enacted to implement this Paragraph. The State Transportation Board shall elect a Commissioner of the Department of Transportation, who shall be the Chief Executive Officer of t h e Department of Transportation, except that the Director of the State Highway Department in office a t the time of approval hereof shall not be affected, except
43

Art. 5, Sec. 11, P a r . 1
t h a t his title shall be changed f r o m Director of t h e S t a t e Highway Department t o Commissioner of t h e Department of Transportation, and such Commissioner shall serve out the remainder of his t e r m a s Director of t h e S t a t e Highway Department a s now provided by law. The General Assembly shall define by law the powers, duties, qualifications and compensation of t h e Board and of t h e Commissioner, and shall by law prescribe the manner, time and procedure f o r t h e election of members of the Board, and t h e manner of filling vacancies therein.
Paragraph 11. In order to fully comply with t h a t certain Act of t h e Congress of the United States, known a s 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 t h e same so a s to provide f o r the "Control of Outdoor Advertising" on t h e Interstate or P r i m a r y 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 f u r t h e r amended Chapter 1 of Title 23 of said United States Code by adding thereto a new Section to provide f o r the "Control of J u n k Yards", on such Interstate and P r i m a r y Systems of Federal-Aid Highways, and provided t h a t 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 a s to provide f o r a "Landscaping and Scenic Enhancement", and which amendment and revision of said Section provided f o r a bonus of 3 percent of Federal funds, otherwise available to the State, as an incentive for compliance with said provision of said Public L a w ; and, in order to promote the reaeonable, orderly, and effec$ive display of Outdoor Advertising, in accordance with t h e provisions of said described Act of Congress of the United States, and consistent with t h e purposes of this provision of t h e Constitution, the S t a t e of Georgia, acting by and thro-ugh t h e Department of Transportation, is hereby authorized to acquire, either by negotiation or through the exercise of t h e Power of Eminent Domain, upon t h e payment of j u s t and adequate compensation, easements or other interests in private property, f o r t h e purpose of acquiring t h e title to and t h e 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 t h e nearest edge of t h e right-of-way line of a n y State-Aid highway, which i s a p a r t of t h e Interstate or Primary System of Federal-Aid Highways,-provided, however, t h a t , as to any such advertising sign, display, or device, lawfully in existence upon a n y of such described highways on September 1, 1965, the owner of such advertising sign, display, o r device shall not be required to remove the same until July 1, 1970; and, a s to such described sign, t h e provision of this amendment shall not become effective until said d a t e of J u l y 1, 1970, except t h a t t h e S t a t e may acquire t h e right t o remove the same by voluntary negotiation with the owner thereof.
The State, acting by and through t h e Department of Transportation, shall be f u r t h e r authorized to acquire, either by negotiation or through t h e exercise of the Power of Eminent Domain, upon payment
44

Art. 6, Sec. 11, P a r . 2
of just and adequate compensation, easements or other interest i n land within a distance of 1,000 feet of t h e nearest edge of the rightof-way line of a n y State-Aid road, which is a p a r t of t h e Federal Interstate o r Primary Systems of Highways, f o r t h e purpose of requiring t h e owners of junk yards existing upon such property t o remove the same, or to screen them from public view, in accordance with regulations which the State Transportation Board is hereby authorized to make and publish in such respect, which regulations shall conform to and comply with such described Public Law;-provided, however, t h a t a n y junk yard, which was in existence on the date of the approval of said described Public Law, on October 22, 1965, and which the Commissioner of the Department of Transportation finds as a practical matter cannot be screened, and which finding is approved by the Secretary of Commerce, acting by and through t h e United States Bureau of Public Roads, in accordance with subparagraph ( h ) of Title I1 of said Public Laws, the 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 t h a t t h e Department of Transportation shall be authorized to acquire t h e r i g h t to remove said junk yard, or to screen the same in accordance with the requirements of said Public Law by voluntary negotiation; and with t h e f u r t h e r exception t h a t where t h e Secretary of Commerce, acting by and through the United States Bureau of Public Roads, refuses t o approve the continued maintenance of such junk yard until J u l y 1, 1970, the provisions of this Act shall become immediately applicable upon a proper certificate being made and entered by the Commissioner of the Department of Transportation, showing the f a c t 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 t h e State-Aid 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 t o t h e S t a t e 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 t h e 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 y a r d s ; and t o 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 as will enable this State, acting by and through the Department of Transportation, to fully comply with Title I11 of said described Public Law, and in respect to "Landscaping and Scenic Enhancement"; and in such manner as to enable this State to take advantage of the bonus payment to t h e S t a t e from the Federal Government, as provided for in said Title.
45

Art. 6, Sec. 11, Par. 3
Paragraph 111. Wherever the words "State Highway Board" are used in any statute, they shall be held and taken to mean the State Transportation Board. Wherever the word "Director" is used in connection with the Department of Transportation or State Highway Department in any statute, i t shall be held and taken to mean Commissioner. Wherever the words "State Highway Department" or "State Highway Department of Georgia" are used in any statute, they shall be held and taken to mean the Department of Transportation.
[Editorial note: Section XI was added by an amendment ratified November 3, 1964 and altered by an amendment ratified November 7. 1972.1
ARTICLE VI. JUDICIARY
Paragraph I. Courts Enumerated. The judicial powers of this State shall be vested in a Supreme Court, a Court of Appeals, Superior Courts, Courts of Ordinary, Justices of the Peace, Notaries Public who are ex-officio Justices of the Peace, and such other Courts as 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 to 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 as 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 a s to terms, as 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 shall designate a judge or judges of the Superior Court to preside in said case, provided, that if all the justices are disqualified, they or a majority of them shall, despite their disqualification, select seven judges of the Superior Court to preside in the cause, but 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 as members of the General Assembly; provided, that
46

Art. 6, Sec. 2, Par. 3
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 to 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 a n y vacancy which causes a n 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 the 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 t h e Governor, and commission shall issue accordingly.
Paragraph IV. Jurisdiction of Suprenze 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 the 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 State of Georgia or of the United States, or of treaties between the United States and foreign governments; in all cases in which the constitutionality of any law of t h e State of Georgia o r 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. It shall also be competent for the Supreme Court to require by certiorari or otherwise any case to be certified to the Supreme Court from the Court of Appeals for review and determination with the same power and authority a s if the case had been carried by w r i t of error to the Supreme Court. Any case carried to the Supreme Court or 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 under such rules as 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 o r certain classes of cases to the Supreme Court and t h e Court of Appeals from the trial courts otherwise t h a n by writ of error, and may prescribe conditions a s to the right of a p a r t y litigant to 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 a n equal division between the judges of t h a t Court when sitting a s a body for t h e determination of cases.
47

Art. 6 , Sec. 2, Par. 5
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 i t 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 i t 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 May Be 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 To Be Heard and Determined. 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 an 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 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, after having afforded to the parties an opportunity to be heard thereon, shall instruct the Court of Appeals on the question so certified, and the Court of Appeals shall be bound by the 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 to the Supreme Court by the Court of Appeals, and the subsequent proceedings in regard to 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
48

Art. 6, Sec. 2, Par. 8
judgment of the court below i n cases pending in t h e Court of Appeals shall result from delay in disposing of questions or 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 the 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 the docket of the term is by order of the Court closed, shall be entered thereon, and when received a t any other time, shall be entered on the docket of the next t e r m ; and they shall stand for hearing a t the term for which they are so entered, under such rules a s the Court may prescribe, until otherwise provided by law. The Court of Appeals shall appoint a clerk and a sheriff of t h e 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 to 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, the publication of reports of cases decided therein, and in all other respects, except as otherwise provided in this Constitution or by the laws as to the Court of Appeals a t the time of the ratification of this amendment, and until otherwise provided by law, shall apply to the Court of Appeals so f a r a s they can be made to apply. The decisions of the Supreme Court shall bind the 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 the Court is sitting as 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 to 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, it shall further be the duty of the 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 exceptions, and the procedure governing same, shall be as now provided by law for appeals, or a s 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 f o r preparation of a brief or transcript of evidence, in cases where such is required.
[Editorial n o t e : Paragraph I X was added by an amendment in 1 8 5 6 and amended in 1968.1
SECTION111.
SUPERIORCOURTS
Paragraph I. T e r m s , Etc., o f S u p e r i o r C o u r t Judges. There shall
49

Art. 6, Sec. 3, P a r . 1
be a judge of t h e Superior Courts f o r each judicial circuit, whose term of office shall be f o r four years, and until his successor i s qualified. He may act in other circuits when authorized by law. The legislature shall have authority to add one or more additional judges of t h e superior court f o r a n y judicial circuit i n this State, and shall have authority t o regulate t h e manner i n which the judges of such circuits shall dispose of t h e business thereof, and shall f i x t h e time a t which t h e t e r m or terms of office of such additional judge or judges shall begin, and t h e manner of his appointment or election, and shall have authority from time to time to add to t h e number of such judges i n a n y judicial circuit; or t o reduce t h e number of judges in any judicial circuit; provided that a t all times there shall be a t least one judge i n every judicial circuit of this State.
Paragraph 11. Electio~zs,W h e n to B e Held. The successors to the present and subsequent incumbents shall be elected by the electors of t h e circuit wherein t h e superior court judge is to serve, who a r e entitled t o vote f o r members of t h e General Assembly, a t the general election held f o r such members, next preceding t h e expiration of their respective terms.
[Editorial note: Paragraph I1 w a s altered by an amendment ratified N o v . 8, 1966.1
Paragraph 111. T e r m s Begin, W h e n . The terms of the judges t o be elected under the Constitution, except to fill vacancies, shall begin on t h e f i r s t d a y of J a n u a r y a f t e r their elections. Every vacancy occasioned by death, resignation, o r other causes shall be filled by appointments of t h e Governor until the f i r s t d a y of J a n u a r y a f t e r the general election held next a f t e r the expiration of t h i r t y days from the time such vacancy occurs, a t which election a successor for the unexpired term shall be elected.
SECTIONIV.
Paragraph I. Exclusive Jurisdiction E x c e p t in Juvenile Cases.-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, except in the case of juvenile offenders as provided by law; in cases respecting titles to land; and equity cases.
[Editorial note: Paragraph I was altered by an amendment ratifled No~ernber 7, 1972.1
Paragraph 11. E q u i t ~M a y B e M e ~ g e diu Comnzon Law Courts. The General Assembly may confer upon the Courts of Common Law all t h e powers heretofore exercised by Courts of Equity in this State.
Paragraph 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 i n all such cases a s may be provided by law.
Paragraph V. Certiorari, Mandamus, Etc. They shall have power t o correct e r r o r s i n inferior judicatories by w r i t of certiorari, which shall only issue on t h e sanction of the Judge, and said Courts, and t h e

Art. 6. Sec. 4, Par. 5
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 Trials. 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 jury in all civil cases, except actions ex delicto, where no issuable defense is filed except as otherwise provided in this Constitution, and subject to the right of trial 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 as 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 for the appointment of some proper person to preside in cases where the presiding judge is from any cause disqualified.
Paragraph I. Judges of Superior ar~dCity Courts May Alternate, When. In any county within which there is, or hereafter may be, a City Court the Judge of said Court, and of the Superior Court may preside in the Courts of each other in cases where the judge of either Court is disqualified to preside.
SECTION VI.
Paragraph I. Appeals F r o m Ordinuvy. The powers of a Court of Ordinary and of Probate shall be vested in an Ordinary for each county, from whose decisions there may be an appeal, or by consent of parties, without a decision to the 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.
The Court of Ordinary shall have jurisdiction to issue warrants, try cases, and impose sentences thereon in all misdemeanor cases arising under the Act known as the Georgia State Highway Patrol Act of 1937, and other traffic laws, and in all cases arising under the Compulsory School Attendance law in all counties of this State 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 the police courts of incorporated cities and municipal court judges
51

Art. 6, Sec. 6, P a r . 2
for offense arising under the act known as the Georgia State Highway Patrol Act of 1937, and other t r a f f i c laws of the 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 t e r m of four years and until his successor i s elected and qualified.
SECTIONVII.
JUSTICOEFSTHE PEACE
Paragraph I. Number and Term. of office. There shall be in each militia district one justice of the peace, whose official term, except when elected to fill a n unexpired term, shall be for four years: Provided, however, that 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 in 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 or system of courts a s the General Assembly may, i n 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 the peace and notaries public ex-officio justices of the peace together with such additional jurisdiction, either a s to 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 errors i n and by said courts, and with such f u r t h e r provision f o r the correction of e r r o r s by t h e Superior Court, or Court of Appeals, or the 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 t o t h e rules of uniformity laid down in Paragraph I of Section I X of Article VI of the Constitution of Georgia: Provided, however, t h a t the 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 in the County of Glynn, and establish in lieu thereof such court or courts or system of courts a s t h e General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their jurisdiction a s to 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 the peace; together with such additional jurisdiction, either a s to amount or to subject-matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together also with such provisions as to rules and procedure i n such courts and a s t o new trials and t h e correction of errors in and by said courts, and with such further provision for the correction of errors by t h e Superior Court or the Court of Appeals or the Supreme Court as the General Assembly may, from time to time, in i t s discretion, provide or authorize. The civil court of Fulton County shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with, or supplemental to,
52

Art. 6, Sec. 7, Par. 1
or in lieu of justice courts, as may be now or hereafter provided by law. Any court so established shall not be subject t o the rules of uniformity laid down in Paragraph I of Section IX of Article VI 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 an appeal to a jury in said court, or an appeal to the Superior Court under such regulations a s may be prescribed by law.
Paragraph 111. Elections and Commissions. 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. Appointmewt; N u m b e r ; 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.
Paragraph I. Ulziformity Provided For. Except as otherwise provided in this Constitution, the jurisdiction, powers, proceedings and practice of all courts or officers invested with judicial powers (except City Courts) of the same grade or class, so f a r as 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; T e r m of Office. There shall be an Attorney General of this State, who shall be elected by the people a t the same time, for the same term and in the same manner as the Governor.
Paragraph 11. Duties. It shall be the duty of the Attorney General to act a s the legal advisor of the Executive Department, to 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 as shall be required of him by law.

Art. 6. Sec. 11, P a r . 1
SECTIONXI.
DISTRICTATTORNEY
Paragraph I. N u m b e r ; t e r m of o f f i c e ; vacancies. There shall be a district attorney for each judicial circuit, whose official term (except t o fill a vacancy) shall be f o u r years. The successors of present and subsequent incumbents shall be elected by t h e 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 t h e general election held next preceding t h e expiration of their respective terms. Every vacancy occasioned by death, resignation, or other cause shall be filled by appointment of t h e Governor, until the f i r s t d a y of J a n u a r y a f t e r the general election held next a f t e r t h e expiration of 30 days f r o m t h e time such vacancy occurs, a t which election a successor for the unexpired term shall be elected.
[Editorial n o t e : Paragraph I w a s altered by amendments ratified in 1966 and
1968.1
Paragraph 11. I t shall be the duty of the district attorney to represent t h e S t a t e i n all cases in the superior court of his circuit and i n all cases taken up f r o m t h e superior courts of his circuit to the Supreme Court, and Court of Appeals and t o 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 . SALARIESOF JUSTICES,JUDGEANSD DISTRICTATTORNEYS
Paragraph I. Salaries of Justices, Judges and District Attorneys. The Justices of the Supreme Court each shall have out of t h e treasury of t h e S t a t e salaries of not less t h a n $8,000 per a n n u m ; t h e Judges of t h e Court of Appeals each shall have out of t h e t r e a s u r y of the S t a t e salaries of not less t h a n $8,000 per a n n u m ; the Judges of the Superior Courts each shall have out of the t r e a s u r y of t h e S t a t e salaries of not less t h a n $6,000 per annum and t h e District Attorneys shall each have out of the treasury of the S t a t e a salary of not less t h a n $250.00 per annum with t h e right of the General Assembly t o authorize any county t o supplement the salary of :i judge of the Suwerior Court and District Attornev of the Judicial Circuit in which suGh county lies out of county funds: Provided, however, where such salary is, a t t h e 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 t h e 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 t h e fiscal a f f a i r s of said county, shall without further legislative action continue t o supplement from said County's t r e a s u r y not less t h a n t h e s a l a r y of t h e Judge of Superior Court of t h e circuit of which t h e said County of Richmond i s a part, by the sum of Two Thousand ($2,000) Dollars per annum, which shall be in addi-

Art. 6, Sec. 12, Par. 1
tion to the amount received by said judge out of the State treasury; and such payments are declared to be a part 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 Abolislz or Rei~zstateFees of District Attorney. 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 any 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
SECTIONXIII.
QUALIFICATIONOFSJUSTICESJ,UDGESE, TC.
Paragraph I. Age; 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 for three years, and shall have practiced law for three years next preceding his election.
[Editorial note: This paragraph was altered by an amendment ratified in 1968.1
Paragraph 11. Chief Justices Emeritus and Justices Emeritus of the 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 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, 1966. The wording was changed to read a s quoted by an amendment ratified on Nov. 4, 1958.1
P a r a ~ r a ~11h1. Disciwline. Removal. and Znvoluntarzi Retirement.
(a) ~uYdic;al ~ualificacionsommi mission. There shall ke a Judicial
Qualifications Commission. I t shall consist of seven members, as fbllows: ( i ) two judges of any court of record, each selected by the Supreme Court for a four-year term; (ii) three members of the State

Art. 6, Sec. 13, Par. 3
Bar, who shall have practiced law in this State for a t least ten years and who shall be elected by the Board of Governors of the S t a t e B a r f o r a four-year t e r m ; and (iii) two citizens, neither of whom shall be a member of t h e S t a t e Bar, who shall be appointed by the Governor f o r a four-year term. Of the initial membership of t h e Commission, one of t h e judges selected by the Supreme Court, two of the members elected by t h e Board of Governors, and one of the citizens appointed by t h e Governor, shall serve f o r terms of two years each, and all other members shall serve f o r terms of four years each. Thereafter, all members shall serve f o r terms of four years each and until their successors a r e elected or appointed and have qualified. Whenever any member ceases to hold the office o r to possess the qualifications which entitled him to be appointed a member, his membership shall terminate, and the appointing authority shall select his successor for the unexpired term. No member of the Commission shall receive a n y compensation f o r his services but shall be allowed his necessary expenses f o r travel, board and lodging incurred in the performance of his duties. No member of the Commission except the Judges shall hold a n y other public office or be eligible for appointment to a S t a t e judicial office so long a s he is a member of the Commission. No member shall hold office in a n y political p a r t y or organization. No act of the Commission shall be valid unless concurred in by a majority of its members. The Commission shall select one of its members to serve as chairman.
(b) Procedure and Grounds. A justice or judge of a n y court of this State, in accordance with the procedure prescribed in this Paragraph, may be removed or otherwise disciplined for willful misconduct in office, or willful and persistent failure to perform his duties, or habitual intemperance; or for conduct prejudicial to the administration of justice which brings the judicial office into disrepute; or he may be retired for disability seriously interfering with the performance of his duties, which is, or is likely to become, of a permanent character. The Commission may, after such investigation as it deems necessary, order a hearing to be held before it concerning the removal or retirement of a justice or a judge, or the Commission may in its discretion request the Supreme Court to appoint a special master to hear and take evidence in the matter and to report thereon to the Commission. If, after hearing, or after considering the record and report of the master, the Commission finds good cause therefor, it shall recommend to the Supreme Court the removal, other discipline, o r retirement, a s the case may be, of the justice or judge.
The Supreme Court shall review the record of the proceedings on the law and facts, and in its discretion may permit the introduction of additional evidence and shall order removal, other discipline, or retirement, as it finds just and proper, or wholly reject the recommendation. Upon an order for retirement, the justice or judge shall thereby be retired with the same rights and privileges a s if he retired pursuant to statute. Upon an order for removal, the justice or judge shall thereby be removed from office, and his salary shall cease from the date of the order.
The Supreme Court shall prescribe rules governing privilege, confidentiality, and practice and procedure in all proceedings brought hereunder. A justice or judge who is a member of the Commission or
56

Art. 6, Sec. 13, Par. 3
Supreme Court shall not participate in any proceedings involving his own removal, other discipline or retirement.
[Editorial note: Paragraph 111 was added by an amendment ratified November 7, 1972.1
SECTIONXIV. VENUE
Paragraph I. Divorce Case. Divorce cases shall be brought in the county where the defendant resides, if a resident of this state; if t h e defendant be not a resident of this state, then in t h e county in which the plaintiff resides, provided, that any person who has been a resident of any United States Army Post or military reservation within the State of Georgia f o r one year next preceding the filing of the petition may bring a n action for divorce in any county adjacent to said United States Army Post or military reservation.
Paragraph 11. Land 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, in which case the Superior Court of either county shall have jurisdiction.
Paragraph 111. Equity 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-partners, Etc. Suits against joint obligors, joint promissors, co-partners, or joint trespassers, residing in different counties, may be tried in either county.
Paragraph V. Suits Against Make?, Endorser, Etc. Suits against the maker and endorser of promissory notes, or drawer, acceptor and endorser of foreign or 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 Ven.ue. The power to change the venue in civil and criminal cases shall be vested in the Superior Courts to be exercised in such manner a s has been, or shall be, provided by law.

Art. 6, Sec. 16, Par. 1
SECTIONXVI. JURYTRIAL
Paragraph I. Right of Trial B y J w y . 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.
Paragraph I. Power to C ~ e a t eCounty 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. WHATCOURTSMAYBE ABOLISHED
Paragraph I. Power to Abolish 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 iost 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 tax 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 ratlfied 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 as to 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 as 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 an amendment ratified Nov. 6, 1966.1
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, mag 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: This paragraph was added in 1966.1

Art. 7, Sec. 1, Par. 2
2. The General Assembly shall not grant or authorize extra compensation to any public officer, agent or contractor after the service has been rendered or the contract entered into.
The General Assembly is hereby authorized to provide by law for 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.
[Editorial note: The last sentence above was added in 1968.1
3. 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 one-fourth ( % ) mill on each dollar of the value of the property taxable in the State, provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations or corporations is enacted by the General 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 exceeding five (5) mills on each dollar of the value thereof.
[Editorial note: Tbis sub-paragraph originally reed 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 five ( 6 ) mills on each dollar of the value of the property taxable in the State."]
4. No poll tax shall be levied to exceed one dollar annually upon each poll.
5. There is hereby created a board to be known as the State Medical Education Board to consist of five members, one of whom shall be the President of the Medical Association of Georgia, one of whom shall be the immediate past President of the Medical Association of Georgia, and three members to be appointed by the Governor, who shall be qualified electors of the State of Georgia. The members of the board shall hold office for a term of four years. beginning on the first day of April, 1953, and every four years thereafter the Governor shall appoint three members for a term of four 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 the Governor for the unexpired term.
LEditorial note: Tbis 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 day expenses and traveling expenses of ten cents (104) per mile for attending meetings of the board or in traveling elsewhere in the discharge of their duties requiring their absence from their respective places of abode, same to be paid upon the approval of the 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 rztified in 1968.1
The secretary of the Board shall be whomsoever is serving a s the secretary of the Board of Regents, who shall keep the records and minutes of the proceedings of the Board and who shall also keep
60

Art. 7, Sec. 1, Par. 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 for 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 the State of Georgia, and conditioned upon the faithful performance of his duties and that 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 as is required and needed.
The board shall elect a chairman and also a vice-chairman to serve in the absence or inability of the chairman. The board shall maintain an 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 a s 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.
I t shall be the duty of the board to receive and pass upon, allow or disallow all applications for loans or scholarships made by students who are bona fide citizens and residents of the State of Georgia and who desire to become doctors of medicine and who are acceptable for enrollment in 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. I t shall be the duty of the board to make a careful and full investigation of the 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 an 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 for the purpose of acquiring a medical education as herein provided for, upon such terms and conditions to be imposed by the board a s provided for 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 as 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-

Art. 7, See. 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 to which any applicant is admitted and such funds a s are required by that college or school, and the balance t o 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 t o each applicant shall be based upon the condition that 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 or 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 State 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 the board. One-fifth of the 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 future 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 the 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 or 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. In the event an applicant has repaid any part of such loan or scholarship for 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 or 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 1368.1
Each applicant before being granted a loan or scholarship shall enter into a contract with the State of Georgia, agreeing to the terms and conditions upon which the loan or scholarship shall be granted to him, which said contract shall include such terms and provisions as 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 the 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 or scholarships hereunder shall be and the same are hereby removed and the said applicants are declared to be of full lawful age for the purpose of entering into the contract hereinabove provided for, and such contract so executed by an applicant is hereby declared to be
62

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.
It 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 a s 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 i t 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 andlor scholarships, and where they are practicing, and shall make a full report of all its expenditures for salaries and expenses incurred hereunder.
I t 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
63

Art. 7, Sec. 1, Par. 2
and practice their profession, thus affording adequate medical care to the people of Georgia.
Section 1-A. The Director of t h e Department of Public Health, with the approval of the State Board of Health, is hereby authorized to extend scholarships to physicians and other personnel to take post graduate courses in the various schools and clinics in the United States so as to enable them to be better qualified in the diagnosis, care and treatment of mental illness. As a prerequisite to the g r a n t of such scholarship, t h e recipient thereof must agree to actively engage in the practice of his profession in a hospital operated by the State of Georgia, under the supervision of t h e State 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 for the enforcing of service required shall be the same a s provided for medical grants and scholarships and such other remedies as 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, 1 9 5 2 . This subparagraph was amended in 1960, 1962. 1964, and 1966.1
6. The Board of Regents of the University System of Georgia shall have the authority to grant to qualified students, who are citizens and bona fide residents of the State of Georgia and who would not otherwise have available the funds necessary to obtain a n education, such scholarships a s a r e necessary f o r them to complete programs of study offered by institutions of the University System of Georgia, with the exception of the program leading to the 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 the condition t h a t recipients of such scholarships shall, upon t h e completion of their programs of study, reside in the State of Georgia and engage in activities for which they were prepared through t h e scholarships f o r a period of one year for each $1,000 received. The General Assembly shall appropriate such funds t o t h e Board of Regents of the University System of Georgia a s i t sees f i t in order to carry out the purposes of this provision.
It shall be the duty of the 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 educational scholarships and for use in other federal education programs but shall include the condition that personnel to whom the scholarships are extended must, as a prerequisite thereto agree to work for the department or agency granting the scholarships for a t least one year for each year spent in study or refund the money received for euch scholarships pro rata. The terms and conditions thereof shall be prescribed and regulated by the various departments and agencies granting the scholarships. Provided further that no additional appropriation shall be made by the General Assembly to finance such scholar-
64

Art. 7, Sec. 1, Par. 2
ships, but the same shall be financed from the regular appropriations to the various State departments and State agencies. I t shall be the duty of the various S t a t e departments and S t a t e 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 to control all funds used for this purpose.
[Editorial note: Subparagraph 7 was added by an amendment ratified November 4, 1958 and altered by an amendment ratified November 7, 1972.1
8. The S t a t e Board of Education shall have t h e authority t o 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 t o complete programs of study i n preparation for teaching. The terms and conditions thereof shall be prescribed and regulated by the State 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 the 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 it deems wise and proper t o 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 S t a t e Board of Education t o 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 g r a n t 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, terms 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 the 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 t o 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
65

Art. 7. Sec. I. 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, as 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 as 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 as 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 IIY 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
66

Art. 7, Sec. 1, P a r . 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 as 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 1968.1
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 Department of Industry and Trade, in order to make Georgia competitive with other states in securing new business, industry and tourism, is hereby authorized to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting a t the request of the Department to discuss the location or development of new business, industry or tourism within the State. A11 such expenditures shall be verified by vouchers showing the date, place, purpose and persons for whom such expenditures were made. The State Auditor
67

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 o r universities i n t h i s S t a t e which a r e n o t branches of t h e University System of Georgia. The General Assembly shall provide t h e procedures under which such g r a n t s o r 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 this Constitution t o the contrary notwithstanding, the General Assembly is hereby authorized to provide by law, f r o m time t o time, f o r t h e increase of retirement o r pension benefits of retired persons who retired p u r s u a n t t o 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 funds f o r t h e purpose of increasing t h e retirement or pension benefits of such retired persons.
[Editorial note: This paragraph was added in 1970.1
Notwithstanding a n y other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for a prog r a m or programs of loans, scholarships and grants, and t h e insuring of loans and payment of interest on loans to citizens of this S t a t e f o r educational purposes. The General Assembly is authorized to provide f o r all matters relative to such programs. Taxes may be levied and public funds expended for such purposes.
[This paragraph was added by an amendment rat~fiedNovember 7 , 1972.1
The General Assembly is hereby authorized to provide by law for tuition g r a n t s t o qualified students, who a r e children of certain United States servicemen as hereinafter provided, to enable them to complete programs of study offered in the educational institutions of this State. The tuition g r a n t s shall apply to children of servicemen who were bona fide residents of this S t a t e a t t h e time of their entry into the Armed Forces and who a r e certified by the United States Department of Defense or the United States Veterans Administration a s missing in action f o r more t h a n 90 days or captured in line of duty by a hostile force or forcibly detained or interned in line of duty by a foreign power since 26 March 1964; provided, however, t h a t this shall not include any serviceman who is not in fact missing in action, but is missing because of unlawful actions on his part. The provisions of this Paragraph shall not apply to children born to any serviceman after his missing in action status is clarified or after his release from prison. The provisions of this Paragraph shall not apply to children of a n y servicemen who were discharged under other t h a n honorable conditions. The provisions of this P a r a g r a p h shall not apply to the children of a n y servicemen who a r e eligible for federal benefits under the provisions of Chapter 31, Title 38, U.S. Code Annotated (Veterans Vocational Rehabilitation) ; Chapter 34, Title 38, U.S. Code Annotated (Veterans Educational Assistance) ; or Chapter 35, Title 38, U.S. Code Annotated (Veterans W a r Orphans Educational Assistance Act). The recipients of such tuition g r a n t s must attend institutions within the University System of Georgia or vocational training
68

Art. 7, Sec. 1, P a r . 2
institutions administered by t h e S t a t e Board of Education. The educational assistance t o children of servicemen under the provisions of this P a r a g r a p h shall cover a period not in excess of 36 months (or the equivalent thereof in part-time training). The educational assistance to children of servicemen under t h e provisions of this P a r a g r a p h shall begin on the eighteenth birthday of such children or the successful completion of secondary schooling, whichever occurs f i r s t , and end on their twenty-sixth birthday. The t e r m "child" or "children" shall include individuals who are married. The Georgia State Scholarship Commission and t h e S t a t e Board of Education a r e hereby charged with the administration of this Paragraph and may promulgate necessary rules, regulations and procedures to carry out the purposes of this P a r a g r a p h . The General Assembly shall appropriate the necessary funds for said tuition grants.
[Editorial note: This paragraph was added by an amendment ratified November 7. 1972.1
Any other provisions of this Constitution t o the contrary notwithstanding, the General Assembly is hereby authorized to provide by law, from time to time, f o r the increase of retirement or other benef i t s of retired persons who have retired or who retire in t h e f u t u r e pursuant to any retirement system, annuity and benefit fund system, pension system or any similar system, which such system was created by law and such law provided that such system be funded wholly or partly from fines and forfeitures. No formerly retired person shall receive any greater benefits than those benefits provided by law to be received upon retirement by members of the system who have not retired, nor shall any such formerly retired person receive any increased benefits unless all formerly retired persons entitled to receive such increased benefits participate pro rata therein.
[Editorial note: This paragraph was added by a n amendment rati:ierl November 7, 1972.1
P a r a g r a p h 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 t h e 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 t o 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 I11 was added by an amendment ratified on Nov. 3, 1964.1
Paragraph IV. Exemptions From Taxation. The General Assembly may, by law, exempt from taxation all public property; places
69

Art. 7, Sec. 1,Par. 4
of religious worship or burial and all property owned by religious groups used only for 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 part of the net profit from the operation of which can inure to the benefit of any private person; all buildings erected for 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 the 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 are open to the 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 for colored people, shall be limited to colored people; the real and personal estate of any public library, and that of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and statuary of any company or association, kept in a public hall and not held as merchandise or for purposes of sale or gain; provided the property so exempted be not used for the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, or for either one or more of such purposes and for the purpose of maintaining and operating such institution; this exemption shall not apply to real estate or buildings other than those used for the operation of such institution and which is rented, leased or otherwise used for the primary purpose of securing an income thereon; and also provided that such donations of property shall not be predicated upon an agreement, contract or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the 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 the producer, but not longer than for the year next after 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 by 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 or other conmercial use, shall be exempt from all ad valorem taxation. The General Assembly is further authorized to provide by law that 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 an amount not to exceed $300.00 in actual value.
[Editorial note: This paragraph was amended in 1970.1
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 as such, but not to exceed $2,000.00
70

Art. 7, Sec. 1, P a r . 4
of its 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 f o r 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 i n t h e 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 t o not less t h a n $1,250.00. The value of all prope r t y i n excess of the foregoing exemptions shall remain subject t o 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 t h e laws of this S t a t e for the purpose of engaging i n r u r a l electrification, a s defined i n sub-section 1 of Section 3 of t h e Act approved March 30, 1937, providing f o r their incorporation, and all of t h e 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 t h e authority t o levy taxes. The exemption herein provided f o r 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 S t a t e and w a s acquired o r i s held f o r the purpose of enabling t h e p a r e n t company t o c a r r y on some p a r t 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 t r u s t forming a p a r t of a pension, profit sharing or stock bonus plan if such t r u s t is exempt f r o m Federal income t a x under Section 165( a ) of t h e Federal Internal Revenue Code. Existing laws exempting such property from taxation are hereby ratified.
[Editorial note: This paragraph w a s added by a n amendment of 1952.1
Each disabled veteran, a s hereinafter defined, who is a citizen and resident of Georgia, i s hereby granted a n 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 f o r State, county, municipal and school purposes. The value of all property in excess of t h e above exempted amount shall remain subject to taxation. The term "disabled veteran," a s used herein, means a disabled American veteran of a n y w a r or armed conflict i n which a n y branch of t h e armed forces of t h e United States engaged, whether under United States command or otherwise, and who is disabled, a s a result of such service i n t h e armed forces, due t o loss, or loss of use, of both lower extremities, such a s t o preclude locomotion without the aid of braces, crutches, canes, or a wheel chair, o r

Art. 7, Sec. 1, P a r . 4 - -- --
blindness in both eyes, having only light perception, plus loss or loss of use of one lower extremity, or due t o the loss o r loss of use of one lower extremity together with residuals of organic disease o r i n j u r y which so affect t h e functions of balance or propulsion a s t o preclude locomotion without resort to a wheelchair.
[Editorial note: The paragraph on disabled veterans, added in 1958, was amended
in 1964, 1968, and 1970.1
Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in t h e amount of $4,000.00 on a homestead owned and occupied by him a s a, residence if his net income, together with the n e t income of his spouse who also occupies and resides a t such homestead, as net income is defined by Georgia law, from all sources, including benefits received from any retirement or pension fund when such benefits are based on contributions made thereto by such person or his spouse, b u t not including any federal old-age, survivor or disability benefits, does not exceed $4,000.00 for the immediately preceding taxable year for income t a x purposes. The value of the residence in excess of t h e 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 a n affidavit with the t a x commissioner or t a x receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received d u r i n g the last taxable year for income t a x purposes, and such additional information relative to receiving the benefits of such exemption a s will enable the tax commissioner or t a x receiver to make a determination a s to whether such owner is entitled to such exemption. The t a x commissioner or tax receiver shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner a s other applications f o r homestead exemption, and t h e provisions of l a w applicable to t h e processing of homestead exemptions, a s the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary t h a t he make application and file the said affidavit thereafter for any year and the said exemption shall continue t o be allowed to such owner. It shall be the duty of a n y such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible f o r any reason for the exemption provided in this paragraph. The General Assembly may provide by law f o r 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, 1972.
[Edito~ialnote: This paragraph \\.as added in 1 9 6 4 anti altered by amendments ratified in 1968 and 1972.1
The General Assembly shall have the authority to provide for the exemption from any and all taxation any facilities which shall be installed o r constructed f o r the primary purpose of eliminating o r reducing a i r 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 a n y appropriate s t a t e agency o r organization t o which the General Assembly shall be authorized to delegate any and all

Art. 7, Sec. 1, Par. 4
powers necessary and appropriate to carry out the purposes and responsibilities of this paragraph.
[Editorial note: This last paragraph, which deals with facilities t o 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 as 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 o r 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
The General Assembly shall be authorized to exempt from ad valorem taxation property of nonprofit hospitals used in connection with their operation, provided that such hospitals have no stockholders and no income or profit which is distributed to or for the benefit of any private person, and are subject to the laws of Georgia regulating nonprofit or charitable corporations.
[Editorial note: This paragraph was added by an amendment ratified November 7, 1972.1
Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption from all ad valorem taxes on the vehicle which he owns and on which he actually places the free HV vehicle license plates he receives from the State of Georgia, such exemption being from all ad valorem taxation for state, county, municipal and school purposes. The term 'disabled veteran', as used herein, means any veteran who was discharged under other than dishonorable conditions, and who served on active duty of the Armed Forces of the United States or on active duty in a reserve component of the United States including the National Guard, and who is receiving or who is entitled to receive a statutory award from the Veterans Administration for :
(1) Loss or permanent loss of use of one or both feet; ( 2 ) Loss or permanent loss of use of one or both hands; ( 3 ) Loss of sight in one or both eyes; (4) Permanent impairment of vision of both eyes of the following status: Central visual acuity of 20/200 or less in the better eye, with corrective glasses, or central visual acuity of more than 201200 if there is a field defect in which the peripheral field has contracted to such an extent that the widest diameter of visual field subtends on angular distance no greater than twenty degrees in the better eye.
[Editorial note: This paragraph was added by an amendment ratified November 7, 1972.1
The homestead of each resident of each independent school district who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $6,000.00 per annum, may be exempt from all ad valorem taxation for educational

Art. 7, Sec. 1, P a r . 4
purposes levied f o r and in behalf of such school system. No such exemption shall be granted unless a n affidavit of the owner of t h e homestead is filed with t h e governing authority of his city, or with a person designated by t h e governing authority of such city, giving his age, t h e amount of income which he received f o r the immediately preceding calendar year, the income which t h e members of his family residing within the homestead received for such period, and such other additional information relative to receiving t h e benefits of t h e exemption granted by this paragraph as will enable the governing authority of such city, or the person designated by t h e governing authority of such city, t o make a determination a s t o whether such owner is entitled to said exemption. The governing authority of t h e city, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners a s a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in a n administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided f o r herein shall apply to all taxable years beginning after December 31, 1972.
[Editorial note: This paragraph was added by an amendment ratified November 7, 1972.1
The homestead of each resident of each county school district who is 62 years of age or over and who does not have a n income from all sources, including t h e income of all members of t h e family residing within said homestead, exceeding $6,000.00 per annum, may be exempt from all ad valorem taxation for educational purposes levied for and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless a n affidavit of t h e owner of the homestead is filed with the T a x Receiver or T a x Commissioner of his county giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the Tax Receiver or Tax Commissioner to make a determination as to whether such owner is entitled to said exemption. The Tax Receiver or Tax Commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead 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, and one or more such title holders possesses the qualifications provided f o r in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such prop-
74

Art. 7, Sec. 1, Par. 4
erty. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972.
[Editorial note: This paragraph was added by an amendment ratified November
7. 1972.1
Paragraph V. Exemptions of Certain Industries Continued. Existing exemptions under the amendment to the Constitution providing for the exemption of certain industries from taxation appearing in Acts of the General Assembly of 1923, extra session, page 67, ratified November 4, 1924, shall continue of force until the expiration of the term for which granted.
SECTION11. Purposes and Method of Taxation
Paragraph I. Taxation, How and For What Purposes Exercised. The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes only:
1. For the support of the State 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, to repel invasion, and defend the State in time of war.
5. To make provision for the payment of pensions to ex-Confederate soldiers and to the widows of Confederate soldiers who are unmarried.
6. To construct and maintain State buildings and a system of State highways, airports, and docks.
7. To make provision for the payment of old-age assistance to aged persons in need, and for the payment of assistance to the 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 for the purpose herein stated, in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder for such purposes.
7-A. In order to extend to the employees of the State, any department of the State, any State 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 as the
75

Art. 7, Sec. 2, Par. 1
"Social Security Act," a s such Act h a s 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 h a s been and may from time t o time be amended), the General Assembly is authorized to enact such legislation a s may be necessary t o insure t h e coverage t o employees of t h e State, a n y department of t h e State, a n y S t a t e institution o r 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 the Federal Insurance Contributions Act a s the same has been or may be amended; and a n y provisions of this Constitution notwithstanding the 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 the provisions of said Social Security Act a s t h e same h a s been o r may hereafter be amended in the manner a s provided therein and a s 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 a n 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. For 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 Assembly is authorized to provide f o r the implementation of this provision including t h e g r a n t i n g of public funds to any public corporation or Authority established by the General Assembly for the performance of t h e aforesaid function and purpose, o r contracting, through appropriate departments o r instrumentalities of State 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: S u b p a r a a ~ a p h10-A mas added in 1968. There is no Subparagraph 11.1
12. To pay the salaries of personnel and to pay f o r the utilization of school facilities, including school buses, f o r extracurricular and interscholastic activities, including literary events, music, and athletic programs within individual schools and between schools in the same or in different school systems when such activities a r e sponsored by local boards of education a s a n integral p a r t of the total school program.
[Editorial note: Subparagraph 12 was added by an amendment ratified November 7, 1972.1

Art. 7. Sec. 2. Par. 1-A
Paragraph I-A. Promotion of agricultural and other products; financing; disposition of funds. Any other provision of this Constitution to the contrary notwithstanding, the General Assembly may provide for the promotion of the production, marketing, sale, use and utilization, processing and improvement of any one or all of the 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 the farms and forests of this State. The General Assembly may provide for the promotion of such products individually, collectively, or in any combination thereof. The General Assembly may provide that such a program including provisions for quality 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 the sale or processing of the affected products, and to collect the same, after approval by a specified vote of the producers of the affected product in a referendum, and may authorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program without the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The 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 11. Teacher Retirei~zent System-Taxation For. The powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities, for 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 for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder.
Paragraph 11-A. The General Assembly is hereby authorized to provide by law for the creation of an actuarially sound, participating 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 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 any amendatory Acts thereto, for the expenditure of State funds and the funds of county and independent boards of education in support of said retirement system, in such manner as the General Assembly shall determine.
[Editorial note: Paragraph 11-A was added in 1968.1
Paragraph 111. Revenue to Be Paid Into General Fund. All money
77

Art. 7, Sec. 2, Par. 3
collected from taxes, fees and assessments for State purposes, as authorized by revenue measures enacted by the General Assembly, shall be paid into the General Fund of the State Treasury and shall be appropriated therefrom, as required by this Constitution, for the purposes set out in this Section and for these purposes only.
Paragraph IV. Tax Returns of Public Utilities. The General Assembly may provide for 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 rate of taxation 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 the 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 the General Assembly for the purposes 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 for the granting of State funds to the municipalities of Georgia, in such manner and form and under such procedure as the General Assembly may prescribe. The General Assembly is also authorized but not directed, to provide the purpose or purposes for 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
Paragraph I. Purposes for Which Debt may be I)lcurred; Limitations. Any other provisions of this Constitution to the contrary notwithstanding, the State may incur public debt, as follows:
( a ) The State may incur public debt without limit to repel invasion,

Art. 7, Sec. 3, Par. 1
suppress insurrection and defend the State in time of war.
(b) The State may incur public debt to supply such temporary deficit as may exist in the State Treasury in any fiscal year because of necessary delay in collecting t h e taxes of t h a t year b u t t h e debt so incurred shall not exceed, in t h e aggregate, five percent of t h e total revenue receipts, less refunds, of t h e S t a t e Treasury in the fiscal year immediately preceding the year in which such debt is incurred, and a n y debt so incurred shall be repaid out of the taxes levied f o r t h e fiscal year in which the loan is made. Such debt shall be payable on o r before t h e l a s t d a y of t h e fiscal year in which i t is incurred and no such debt may be incurred in any fiscal year under the provisions of this subparagraph (b) if there is then outstanding unpaid debt from any previous fiscal year which was incurred under the provisions of this subparagraph ( b ) .
(c) The S t a t e may incur public debt of two types f o r public purposes pursuant to this Paragraph: (1).general obligation debt and (2) guaranteed revenue debt. General obligation debt may be incurred by issuing obligations to acquire, construct, develop, extend, enlarge or improve land, waters, property, highways, buildings, structures, equipment o r facilities of the State, its agencies, departments, institutions, and those State Authorities which were created and activated prior to the Amendment adopted November 8, 1960, to Article VII, Section VI, Paragraph I ( a ) of this Constitution. Guaranteed revenue debt may be incurred by guaranteeing t h e payment of revenue obligations issued by a n instrumentality of the S t a t e if such revenue obligations are issued to finance toll bridges, toll roads, any other land public transportation facilities or systems or water or sewage treatment facilities or systems or to make or purchase, or lend or deposit against the security of, loans to citizens of the State f o r educational purposes. No debt may be incurred under this subparagraph (c) a t any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current year or a n y subsequent fiscal year of the S t a t e under all contracts then in force to which the provisions of Article VII, Section VI, Paragraph I ( a ) of this Constitution a r e applicable, exceed fifteen percent of the total revenue receipts, less refunds of t h e S t a t e Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred; provided, however, no guaranteed revenue debt may be incurred to finance water or sewage treatment facilities or systems when the highest aggregate annual debt service requirements for the then current year or any subsequent fiscal year of t h e S t a t e f o r outstanding or proposed guaranteed revenue debt f o r water or sewage treatment facilities or systems, exceed one percent of t h e total revenue receipts less refunds, of t h e S t a t e Treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred; and provided, further, that the aggregate amount of guaranteed revenue debt incurred to make loans t o citizens of t h e S t a t e f o r educational purposes t h a t may be outstanding a t a n y time shall not exceed $18 million dollars, and t h e aggregate amount of guaranteed revenue debt incurred t o purchase, o r to lend or deposit against the security of, loans t o citizens of the S t a t e f o r educational purposes t h a t may be outstanding a t a n y time shall not exceed $72
79

Art. 7, Sec. 3, Par. 1
million dollars. F o r t h e purpose of this P a r a g r a p h , annual debt service requirements shall mean the total principal and interest coming due in a n y fiscal year of the S t a t e ; provided, however, with regard t o any issue of debt incurred wholly or in p a r t on a t e r m basis, annual debt service requirements shall mean an amount equal to the total principal and interest payments required to retire such issue in full divided by the number of years from i t s issue d a t e to i t s maturity date.
General obligation debt may not be incurred until the General Assembly has enacted legislation stating the purposes, in general or specific terms, f o r which such issue of debt is to be incurred, specifying t h e maximum principal amount of such issue and appropriating an amount a t least sufficient to pay the highest annual debt service requirements for such issue. All such appropriations for debt service purposes shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred, but the General Assembly may repeal any such appropriation a t a n y time prior to the incurring of such debt. The General Assembly shall raise by taxation each fiscal year, in addition to the sum necessary to make all payments required to be made under contracts entitled to the protection of the second paragraph of P a r a g r a p h I ( a ) , Section VI, Article V I I of this Constitution, and to pay public expenses, such amounts as are necessary to pay debt service requirements in such fiscal year on all general obligation debt incurred hereunder. The General Assembly shall appropriate to a special trust f u n d t o be designated "State of Georgia General Obligation Debt Sinking Fund' such amounts as are necessary to pay annual debt service requirements on all general obligation debt incurred hereunder. The sinking fund shall be used solely f o r the retirement of general obligation debt payable therefrom. If the General Assembly shall fail t o make any such appropriation or if f o r any reason the monies in the sinking fund are insufficient to make all payments required with respect to such general obligation debt as and when the same become due, the State Treasurer shall set a p a r t from the first revenues thereafter received, applicable to t h e general fund of the State, su.ch amounts a s a r e necessary t o cure a n y such deficiency and shall immediately deposit the same into the sinking fund; provided, however, the obligation to make such sinking fund deposits shall be subordinate t o the obligation imposed upon the fiscal officers of the State pursuant to the provisions of the second p a r a g r a p h of P a r a g r a p h I ( a ) of Section VI of Article VII of this Constitution. The State Treasurer may be required to set aside and apply such revenues a s aforesaid a t the suit of a n y holder of a n y general obligation debt incurred hereunder. The monies i n the sinking fund shall be a s fully invested as is practical, consistent with the requirements to make current principal and interest payments. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States Government o r obligations unconditionally guaranteed a s to t h e payment of principal and interest by t h e United States Government, maturing no longer than twelve months from date of purchase.
Guaranteed revenue debt may not be incurred until the General Assembly h a s enacted legislation authorizing the guarantee of the
80

Art. 7, Sec. 3, Par. 1
specific issue of revenue obligations t h e n proposed, reciting t h a t the General Assembly has determined suoh obligations will be selfliquidating over the life of t h e issue (which determination shall be conclusive), specifying t h e maximum principal amount of such issue and appropriating an amount at least equal to the highest annual debt service requirements for such issue, which appropriation shall be paid upon t h e issuance of said obligations into a special t r u s t f u n d t o be designated 'State of Georgia Guaranteed Revenue Debt Common Reserve Fund' to be held together with all other sums similarly appropriated a s a common reserve f o r any payments which may be required by virtue of a n y guarantee entered into i n connection with a n y issue of guaranteed revenue obligations. All such appropriations f o r the benefit of guaranteed revenue debt shalI not lapse f o r any reason and shall continue in effect until the debt for which such appropriation w a s authorized shall have been incurred, but the General Assembly may repeal any such appropriation a t any time prior to the payment of the same into said common reserve fund which shall be held and administered by t h e State Treasurer. If any payments a r e required to be made from said fund t o meet debt service requirements on guaranteed revenue obligations by virtue of a n insufficiency of revenues, t h e State Treasurer shall pay from said common reserve fund the amount necessary to cure such deficiency. The State Treasu r e r shall then reimburse said fund f r o m the general funds of the S t a t e within ten days following t h e commencement of a n y fiscal year of t h e S t a t e f o r a n y amounts so paid; provided, however, t h e obligation t o make a n y such reimbursements shall be subordinate,t o t h e obligation imposed upon the fiscal officers of the State pursuant to the second paragraph of P a r a g r a p h I ( a ) of Section VI, Article VII of this Constitution and shall also be subordinate t o the obligation hereinabove imposed upon the State Treasurer t o make sinking fund deposits f o r the benefit of general obligation debt. The S t a t e Treasu r e r may be required to apply such funds a s aforesaid a t the suit of a n y holder of a n y such guaranteed revenue obligations. The amount to the credit of said common reserve f u n d shall a t all times be a t least equal to the aggregate highest annual debt service requirements on all outstanding guaranteed revenue obligations entitled to the benefit of said fund. If a t the end of a n y fiscal year of the State said fund i s in excess of t h e required amount, the S t a t e T r e a s u r e r shall transf e r such excess t o the general funds of the S t a t e f r e e of said trust. The funds in the said common reserve shall be as fully invested a s is practical, consistent with the requirements of guaranteeing the principal and interest payments on the revenue obligations guaranteed by the State. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States Government or obligations unconditionally guaranteed a s to the payment of principal and interest by t h e United States Government, maturing no longer t h a n twelve months from d a t e of purchase.
When any general obligation debt has first been incurred by the delivery of such debt to t h e purchasers thereof, then and from the date of such delivery, the State, and all State institutions, departments and agencies of the State shall be prohibited from entering into any contract (except contracts pertaining to guaranteed revenue debt) with any public agency, public corporation, authority or similar entity if such contract is intended to constitute security f o r bonds

Art. 7, Sec. 3, P a r . 1
or other obligations issued by any such public agency, public corporation o r authority and, f r o m and a f t e r the date of such delivery, i n the event any contract between the State, or any State institution, department o r agency of t h e S t a t e and a n y public agency, public corporation, authority or similar entity, or any revenues from any such contract, is pledged or assigned a s security for the repayment of bonds o r other obligations, then and in either such event, t h e appropriation o r expenditure of a n y funds of the State f o r t h e payment of obligations under a n y such contract shall likewise be prohibited; provided, however, all contracts entered into prior to the date of the f i r s t delivery of such general obligation debt shall continue to have the benefit of t h e protection afforded by the provisions of the second paragraph of P a r a g r a p h I ( a ) of Section VI, Article VII of this Constitution a s fully and completely a s though this amendment had not been adopted and f o r a s long a s any such contract shall remain in force and effect. Furthermore, nothing in this amendment is intended directly or by implication to have any effect upon a n y provision of a n y such contract establishing lien rights, priorities regarding revenues or otherwise providing protection to t h e holders of obligations secured by such contracts.
(d) The State may incur general obligation debt or guaranteed revenue debt to fund or refund any such debt or to fund or refund a n y obligations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I ( a ) , Section VI, Article V I I of this Constitution a r e applicable. The issuance of a n y such debt f o r the purposes of said funding o r refunding shall be subject to the fifteen percent limitation in subparagraph (c) above to the same extent a s debt incurred under said subparagraph; provided, however, in making such computation the annual debt service requirements and annual contract payments remaining on the debt or obligations being funded or refunded shall not be taken into account. In t h e event it is determined by the Georgia State Financing and Investment Commission t h a t i t is to t h e best interest of the S t a t e to fund or refund a n y such public debt o r obligation, the same mag be accomplished by resolution of t h e Georgia S t a t e Financing and Investment Commission hereinafter created without a n y action on the p a r t of t h e General Assembly and any appropriation made or required to be made with respect to the debt being funded or refunded shall immediately attach and inure to t h e benefit of t h e obligations to be issued in connection with such funding or refunding to the same extent and with the same effect a s though the obligation to be issued had originally been authorized by action of t h e General Assembly a s hereinabove set forth; provided, the debt incurred in connection with any such funding or refunding shall be the same a s that originally authorized by the General Assembly (except t h a t general obligation debt may be incurred t o fund or refund obligations issued upon t h e security of contracts to which the provisions of the second paragraph of P a r a g r a p h I ( a ) , Section VI, Article V I I of this Constitution a r e applicable and the continuing appropriation required to be made under the said provisions of this Constitution shall immediately attach and inure t o t h e benefit of the obligation to be issued in connection with such funding or refunding with the same force and effect a s though said obligations so funded or refunded had originally been issued a s a general obligation debt authorized hereunder) and provided further, the term
82

Art. 7, Sec. 3, Par. 1
of t h e funding o r refunding issue shall not extend beyond t h e t e r m of the original debt or obligation and the total interest on t h e funding or refunding issue shall not exceed the total interest to be paid on such original debt or obligation. The principal amount of a n y debt issued in connection with such funding or refunding may exceed t h e principal amount being funded or refunded to the extent necessary to provide f o r t h e payment of a n y premium thereby incurred.
[Editorial note: Paragraph I was altered by an amendment ratified November 7, 1972.1
Paragraph 11. Faith and Credit of State Pledged Debt m a y be Validated. The full faith, credit and taxing power of the State a r e hereby pledged t o the payment of all public debt incurred under this Article and all such debt and the interest thereon shall be exempt f r o m taxation. Such debt may be validated by judicial proceedings in the manner provided by the General Assembly and such validation shall be incontestable and conclusive.
[Editorial note: Paragraph I1 was altered by an amendment ratified November 7, 1972.1
Paragraph 111. Georgia State Financing and Investment Commission; Duties. There is hereby created the Georgia State Financing and Investment Commission. The Commission shall consist of t h e Governor, the President of the Senate, the Speaker of the House of Representatives, the State Auditor, the Attorney General, the State Treasurer and the Commissioner of Agriculture. The Commission shall be responsible f o r t h e issuance of all public debt incurred hereunder and f o r t h e proper application of the proceeds of such debt t o the purposes for which it is incurred; provided, however, the proceeds from guaranteed revenue obligations shall be paid to the issuer thereof and such proceeds and the application thereof shall be the responsibility of such issuer. Debt to be incurred a t the same time for more than one purpose may be combined in one issue without stating the purpose separately but the proceeds thereof must be allocated, disbursed and used solely in accordance with the original purpose and without exceeding the principal amount authorized for each purpose set forth in t h e authorization of the General Assembly and to t h e extent not so used shall be used to purchase and retire public debt. The Commission shall be responsible f o r the investment of all proceeds to be administered by it. The General Assembly may provide that income earned on any such investments may be used to pay operating expenses of the Commission or placed in a common debt retirement fund and used to purchase and retire any public debt, or any bonds or obligations issued by any public agency, public corporation or authority which are secured by a contract to which the provisions of the second paragraph of Paragraph I (a) of Section VI, Article V I I of this Constitution a r e applicable. The Commission shall be responsible for its own record keeping, reporting and related administrative and clerical functions. The Commission shall have such additional responsibilities, powers and duties as shall be provided by law.
[Editorial note: Paragraph 111 was altered by an amendment ratified November 7, 1972.1
Paragraph IV. State Aid Forbidden. Except as herein provided,
83

Art. 7, Sec. 3, P a r . 4
t h e credit of t h e S t a t e shall not be pledged or loaned to a n y 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.
[Editorial note: Paragraph IV was altered by an amendment ratified November 7. 1972.1
Paragraph IV-A. Construction. Paragraphs I, 11, I11 and I V a r e adopted f o r t h e purpose of providing a new and more effective method of financing t h e State's needs and their provisions and a n y law herea f t e r enacted by t h e General Assembly i n furtherance thereof shall be liberally construed to effect such purpose. Insofar as any such provisions or any such law may be inconsistent with any other provisions of this Constitution or of a n y other law, the provisions of such P a r a graphs and laws enacted in furtherance thereof shall be controlling; provided, however, the provisions of such P a r a g r a p h s shall not be so broadly construed a s to cause the same to be unconstitutional and in connection with any such construction such Paragraphs shall be deemed to contain such implied limitations a s shall be required to accomplish the foregoing.
[Editorial note: Paragraph IV-A was added by an amendment ratified November 7 , 1972.1
Paragraph V. Assumption of Debts Forbidden. The State shall not assume t h e debt, nor a n y p a r t thereof, of a n y county, municipal corporation o r political subdivision of t h e State, unless such debt be contracted to enable the State to repel invasion, suppress insurrection o r defend itself i n 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 i n t h e published Acts of t h e General Assembly of t h e year 1931 a t page 97, which amendment w a s ratified on November 8, 1932, and which amendment provided f o r t h e assumption by t h e State, of indebtedness of t h e several counties of t h e State, a s well a s t h a t of t h e 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 S t a t e or county, or member or officer of the General Assembly of a n y interest, profits or perquisites, arising from the use or loan of public funds i n 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 p a r t of which punishment shall be a disqualification from holding office.
Paragraph VII. Certain Bonds Not to Be Paid. The General Assembly shall have no authority to appropriate money either directly or indirectly, t o pay t h e whole, o r a n y p a r t , of t h e principal o r interest of the bonds, o r 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 d a y of May, 1877; nor shall t h e General Assembly have authority t o pay a n y of

Art. 7, Sec. 3, Par. 7
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 o r obligations made and entered into during t h e existence of said war, t h e time f o r t h e payment of which w a s fixed a f t e r t h e ratification of a treaty of peace between the United States and the Confederate States; nor shall the General Assembly pass any law, or the Governor or any other State official, enter into any contract or agreement whereby t h e S t a t e shall be made a p a r t y t o a n y suit i n a n y court of this State, o r of the United States instituted t o test t h e validity of a n y such bonds, or obligations.
P a r a g r a p h VIII. Sale of State's Property to P a y Bonded Debt. T h e 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 t h e sale of t h e whole or a n y p a r t thereof, shall be applied t o t h e payment of t h e bonded debt of the State, and shall not be used for any other purpose whatsoever, so long a s the State h a s any existing bonded debt; provided t h a t the proceeds of t h e sale of the Western and Atlantic Railroad shall be applied to the payment of t h e 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 faise by taxation each year, in addition to the sum required to pay the public expenses, such amounts as are necessary to pay the interest on the public debt and the principal of the public debt maturing in 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 f o r such purposes and the said sinking fund, shall be applied to no other purpose whatever. The funds in the said sinking fund may be invested in the 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 in the sinking fund may be loaned, with the approval of the Governor, when amply secured by bonds of the S t a t e or Federal Government, upon such conditions a s may be provided by law.
[Editorial note: Paragraph IX was altered by an amendment ratified November 7 . 1972.1
SECTIOINV. Paragraph I. Power of County Government. The General Assembly may authorize a n y county t o exercise t h e power of taxation for any public purpose as 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 any taxes collected be allocated f o r a n y 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 as may be conferred upon any county by this Constitution or by the General Assembly, counties a r e hereby autho-
85

Art. 7, Sec. 4, Par. 2
rized to exercise the power of taxation for the following purposes which are hereby declared to be public purposes, and expend funds raised by the exercise of said powers for said purposes and such other public purposes as may be authorized by the General Assembly:
1. Pay the expenses of administration of the county government.
2. Acquire, construct, maintain, improve, or aid in the acquisition, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, airports, docks, facilities for mass transit system for the transportation of passengers for hire, and other properties for public use; and to acquire any real property or any interest therein in connection with the foregoing.
3. Provide for the operation of the courts, the maintenance and support of prisoners, and the handling of litigation affecting the 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 for the indigent sick and to support paupers.
7. Pay county agricultural and home demonstration agents and conduct programs utilizing the services of such agents.
8. Establish and conduct programs of welfare benefits and public assistance as may be provided by law.
9. Provide fire protection for 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 for paying the principal and interest of any debt of the county and to provide a sinking fund therefor.
13. To provide for reasonable reserves for public improvements as may be fixed by law.
14. To provide for the support and maintenance of public schools, public education, and activities necessary and incidental thereto, including school lunches, a s provided in Article VIII of this Constitution, upon the assessed value of all taxable property within the county, exclusive of any independent school system therein.
Paragraph 111. Establishment of Taxing Districts. Except under the authority of a general or local law, a county governing authority may not district a county to provide water, sewerage, garbage,
86

Art. 7, Sec. 4, Par. 3
electricity, gas, or fire protection services. Such services shall be authorized only by a n a c t 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 i n such districts f o r t h e 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 i n a n election for t h a t purpose held a s provided by law.
Paragraph IV. Eminent Domain. Any county is hereby authorized t o exercise t h e power of eminent domain f o r a n y public purpose.
Paragraph V. Nothing herein shall be construed to repeal o r modify the provisions of Article VIII, Section XII, Paragraph I of the Constitution of Georgia of 1945, a s amended.
Paragraph VI. The powers and authority granted by this amendment shall be cumulative of all powers and authority heretofore granted to counties and shall not operate to repeal any existing local constitutional amendments.
[Editorial note: Section IV was altered by an amendment ratified Nov. 8 , 1966.1
Paragraph I. Taxing Power and Contributions of Counties, Cities a~zdPolitical Division Restricted. The General Assembly shall not authorize a n y county, municipal corporation or political division of this State, through taxation, contribution or otherwise, to become a stockholder in any company, corporation or association, or to appropriate money for, or to loan its credit to any corporation, company, association, institution or individual except for purely charitable purposes. This restriction shall not operate to prevent the support of schools by municipal corporations within their respective limits.
SECTIOVNI.
Paragraph I. Contracts For Use of Public Facilities. ( a ) The State, s t a t e institutions, a n y city, town, municipality o r 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 t h e 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 t h e State, in addition t o such other items a s may be included in such appropriation, and whether or not any other items are included, sums sufficient to satisfy the payments required to be made in each year under lease contracts now or hereafter entered into pursuant to this Paragraph
87

Art. 7, Sec. 6, Par. 1
I ( a ) by and between such department, agency, or institution of the 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 constitute security for bonds or any other obligations heretofore or hereafter issued by any such authority. I n the event for any reason any such appropriation is not made, then the fiscal officers of the State are hereby authorized and directed to set up on their appropriation accounts in each fiscal year a s an appropriation the respective amounts required by each such department, agency, or institution of the State to pay the obligations called for under any such lease contract. The amount of the 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 State in each fiscal year to be expended for the purpose of paying the lease contract obligation required under the terms and conditions of such lease contracts and said appropriation shall have the same legal status as if the General Assembly had included the amount of the appropriation in a General Appropriations Act.
[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 State 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 for the benefit of residents of such subdivisions, provided the land, buildings and equipment so conveyed shall not be mortgaged or pledged to secure obligations of any such public agency, public corporation or authority and provided such facilities are 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 any public agency, public corporation or authority.
(c) Any city, town, municipality or county of this State, o r any combination of the same, may contract with any public agency, public corporation or authority for the care, maintenance and hospitalization of its indigent sick, and may as a part of such contract obligate itself to pay for the 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 the cost to 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 State or revenues derived from any other sources.
( d ) Special School; C r e a t i o n ; T a x e s and Bonds. The board of education of any county, area 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 as vocational trade schools, schools for exceptional children, and schools for adult education, in one or more

Art. 7, Sec. 6, Par. 1
of such political subdivisions; provided, however, that the establishment and operation of such schools pursuant to such local law, and any subsequent amendments thereof, shall be first approved by a majority of the voters voting thereon in each of the school districts or systems affected thereby in separate referendums held in the manner provided by law. The government, powers and duties of boards of education participating in the establishment or operation of such 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 for the establishment and operation of such schools in such amount and manner a s shall be provided in such local law. Schools established pursuant to provisions of this Section shall be operated in conformance with regulations promulgated by the State Board of Education pursuant to 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 trade schools, established prior to the adoption of this amendment under former Subparagraph (d) of Article VII, Section VI, Paragraph 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 for the support of such school regardless of whether i t is located within the territorial limits of such subdivision and any such political subdivision is hereby authorized to incur bonded indebtedness for the support of, or acquisition and construction of facilities for such school. Any such bonded indebtedness shall be incurred pursuant to provisions of Article VII, Section VII 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 ofiicially designated a s "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 injury or death to any person or damage to property of any person arising by reason of ownership, maintenance, operation or use of any motor vehicle by such county, whether as a result of a governmental undertaking or not, and to pay premiums therefor. The governing authority is hereby authorized to levy a tax for such purpose. In the event of purchasing such insurance, the governmental immunity of the county shall be waived to the extent of the amount 'of insurance so purchased. Neither the county nor the insurer shall be entitled to plead governmental immunity as a defense and may make only such defense as could be made if the insured were a private person. The county shall be liable only for damages suffered while said insurance is in force. No attempt shall be made in the trial of any action brought against the county to suggest the existence of any insurance which covers in whole or in part, any judgment or award which may be rendered in favor of
89

Art. 7, Sec. 6, P a r . 3
the plaintiff. If the verdict rendered by the jury exceeds the limitation of the insurance, the court shall reduce the amount to a sum equal to the applicable limitations stated in the policy.
[Editorial note: Paragraph 111 was added by an amendment ratified on Novem-
ber 8. 1960.1
SECTIONVII.
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 t h e 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 to exceed one-fifth of one per centum of t h e assessed value of t h e 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 heretof o r e 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 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 f u n d s granted by the Federal Government, or any agency thereof, to aid i n 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 t h e f u n d s so used f o r the purposes specified a r e t o 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 from t h e State, f o r t h e purpose of paying t h e whole or p a r t of t h e cost of property valuation and equalization programs f o r ad valorem tax purposes; to contract for the repayment thereof and to issue notes o r other like instruments a s evidence of t h e obligation to repay the debt so contracted without being subject to any 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 f a l l due a t least each year, b u t which may fall due each month, t h e last of which shall m a t u r e not more than 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 t h e county a s may be needed to repay such debt so created; provided, however, that no
90

Art. 7, Sec. 7, Par. 1
county shall be empowered to create debt under the provisions of this paragraph for the 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 that such program shall be carried out in accordance with such rules and regulations pertaining to such p- ro-grams a s mag be promulgated by the Commissioner.
[Editorial note: The second paragraph of Paragraph I was added by an amendment ratified Nov. 6, 1962.1
Paragraph 11. Levy of Taxes to P a y Bonds. Any county, municipal corporation or political division of this State which shall incur any bonded indebtedness under the provisions of this Constitution, shall a t or before the time of so doing, provide for the assessment and collection of an annual t a x sufficient in amount to pay the principal and interest of said debt, within thirty years from the date of the incurring of said indebtedness.
Paragraph 111. Additional Debt Authorized, When. In addition to the debt authorized in Paragraph I of this section, to be created by any county, municipal corporation or 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 the taxable property therein, upon the following conditions: Such additional debt, whether incurred a t one or more times, shall not exceed in the aggregate, three per centum of the assessed value of all the taxable property in such county, municipality, or political subdivision; such additional debt shall be payable in equal installments within the five years next succeeding the issuance of the evidences of such debt; there shall be levied by the governing authorities of such county, municipality or political subdivision prior to the issuance of such additional debt, a t a x upon all of the 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 as due; such tax shall be in addition to and separate from all other taxes levied by such taxing authorities, and the collections from such t a x shall be kept separate and shall be held, used and applied solely for the payment of the principal and interest of such additional indebtedness; authority to create such additional indebtedness shall first have been authorized by the General Assembly; the creation of such additional indebtedness shall have been first authorized by a vote of the registered voters of such county, municipality or political subdivision a t an election held for such purpose, pursuant to and in accordance with the provisions of this Constitution and of the then existing laws for the creation of a debt by counties, municipal corporations, and political subdivisions of this State, all of which provisions, including those for calling, advertising, holding and determining the result of, such election and the votes necessary to authorize the creation of an indebtedness, are hereby made applicable to an election held for the purpose of authorizing such additional indebtedness.
Paragraph IV. Temporary Loans Authorized; Conditions. In addition to the obligations hereinbefore allowed, each county, municipality,
91

Art. 7, Sec. 7, Par. 4
political subdivision of the S t a t e authorized to levy taxes, and county board of education, i s given t h e authority t o 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 75% 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 o r before December 31st of t h e calendar year in 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 o r county Board of Education, a t a meeting legally held, and such resolution shall appear upon t h e minutes of such meeting. No such county, municipality, subdivision o r county Board of Education shall incur i n 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, o r county Board of Education f o r such calendar year, or issue in one calendar year notes, warrants or other evidences of such indebtedness i n a total amount in excess of such anticipated revenue for such year.
[Editorial note: This subparagraph was changed by a n amendment of 1950. I t originally read a s follows: "In addition t o the obligations hereinbefore allowed. each county, municipality and political subdivision of t h e S t a t e authorized t o levy taxes, is given the authority to make temporary loans between January 1st and December 31st in each year to pay expenses for such year, upon the following conditions: T h e aggregate a m o u n t of all such loans of s u c h county, municipality o r political subdivision outstanding a t any one time, shall not exceed seventy-five per centum of t h e total gross income of such 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 December 31st of t h e calendar year in which such loan is made. No loan may be made in any y e a r under t h e provisions of t h i s paragraph when there is a loan then unpaid which was made in a prior year under t h e 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 t h e governing body of s u 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 or subdivision shall incur in a n y one calendar year, a n a g g r e g a t e of s u c h temporary loans and other contracts o r oblizations f o r c u r r e n t expenses in excess of t h e total anticipated revenue of s u c h county, municipality o r subdivision f o r such calendar year, o r issue in one calendar y e a r notes, w a r r a n t s o r other evidences of such indebtedness in a total a m o u n t in excess of such anticipated revenue f o r such year."]
Paragraph 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," a s 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

Art. 7, Sec. 7, Par. 5
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, the issuing political subdivisions within the meaning of this paragraph or any other of this Constitution. This authority shall apply only t o revenue anticipation obligations issued to provide funds for the purchase, construction, extension, repair or improvement of such facilities and undertakings as are specifically authorized and enumerated by said Act of 1937, as amended by said Act of 1939; and to 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 an election held for the purpose in the county, municipal corporation or political subdivision affected, and provided further that a majority of the 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 as is used in issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation or political subdivision affected; and no such issuing political subdivision of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof.
Provided that after a favorable election has been held as set forth 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 the limits of the county in which the municipality or political subdivision is located, then its services rendered and property located outside said county shall be subject to taxation and regulation a s are privately owned and operated utilities.
The General Assembly is authorized to create an instrumentality and department of the State of Georgia to be known as the Brunswick Ports Authority, and to provide for its powers and functions. Act number 314 of the Acts of the General Assembly of 1945 (Ga. L. 1945, p. 1023) as amended by House Bill number 1053 of the General Assembly of 1958 (Ga. L. 1958, p. 82) is hereby ratified and confirmed, so that the said Acts shall have the same force and effect as 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 to add and enlarge powers of the 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 is hereby declared to be a public purpose vital to the welfare of the peo-
93

Art. 7, Sec. 7, Par. 5A
ple 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 income and may authorize the issuance of Revenue Obligations by such Authorities which shall not constitute a n indebtedness of t h e S t a t e within the meaning of Section VII of this Article.
The General Assembly may provide f o r t h e validation of a n y Revenue Obligations authorized, and that such validation shall thereafter be incontestable and conclusive.
[Editorial note: Paragraph V-A was added in 1968.1
Paragraph VI. Refunding 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 o r disapprove the issuance of bonds f o r t h e purpose of refunding a n y bonded indebtedness of a n y county, municipality or political subdivision of this S t a t e issued prior t o t h e 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 t o 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 t h e issuance of the said refunding bonds under the conditions stated. Such refunding 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. Refundilzg Bonds to Reduce Bo?zded 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 t h e purpose of reducing t h e amount payable, principal or interest, on such bonded indebtedness, and upon the 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 t h e 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 o r subdivision, without an election by the qualified voters a s otherwise re-
94

Art. 7. Sec. 7. Par. 7
quired, but in all other respects such refunding bonds shall comply with the provisions of this Constitution.
SECTIONVIII.
Paragraph I. Sinking F u n d s F o r Bonds. All amounts collected from any source for the purpose of paying the principal and interest of any bonded indebtedness of any county, municipality or subdivision and to provide for the retirement of such bonded indebtedness, above the amount needed to pay the principal and interest on such bonded indebtedness due in the 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 or subdivision, and shall be used for no purpose other than that 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 as has been created to hold and manage such sinking fund, in the bonds of such county, municipality or subdivision, and in bonds or obligations of the State of Georgia, of the counties and cities thereof and of the government of the United States, of subsidiary corporations of the Federal Government fully guaranteed by such government, and no other. Any person or persons violating the above provisions shall be guilty of malpractice in office and shall also be guilty of misdemeanor, and shall be punished, when convicted, as prescribed by law for the punishment of misdemeanors, until the General Assembly shall make other provisions for the violation of the terms of this paragraph.
SECTIONIX. APPROPRIATIOCNONTROL
Paragraph I. Preparation, submissiolz and enactments of General Appropriations Bill. (a) The Governor shall submit to the General Assembly within five days after its convening in regular session in 1973 and each year thereafter, a budget message and a budget report, accompanied by a draft of a General Appropriations Bill, in such form and manner as may be prescribed by statute, which shall provide for the appropriation of the funds necessary to operate all the various departments and agencies, and to meet the current expenses of the State for the next fiscal year.
(b) The General Assembly shall annually appropriate the funds necessary to operate all the various departments and agencies, and meet the current expenses of the State for the next fiscal year. The fiscal year of the State shall commence on the first day of July of each year and terminate on the thirtieth of June following.
(c) The General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the State.
[Editorial note: Paragraph I was altered by a n a m e n d m e n t ratified November 7, 1972.1

Art. 7, Sec. 9, Par. 2
Paragraph 11. General Appropriation Act. ( a ) Each General Appropriation Act, now of force o r hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and t h e continued appropriation of Federal grants.
[Editorial note: Paragraph I1 was altered by an amendment ratified November 7, 1972.1
(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 t o have accrued i n t h e S t a t e Treasury a t t h e 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 111 of this Constitution, but in no event shall a supplementary appropriations Act continue in force and effect beyond t h e expiration of the 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 t h e expiration of such General Appropriations Act, shall lapse.
(d) All federal f u n d s 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.
(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, Paragraph 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 t h e total revenue receipts, less refunds, of t h e 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 a r e 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 a n Appropriations Act f o r t h e payment of a t least one year's rental under such contract.
[Editorial note: Paragraphs I and I1 were reworded by an amendment ratified Nov. 6 , 1962.1
96

Art. 7, Sec. 9, P a r . 3
P a r a g r a p h 111. Other o r Supplementarg 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 i s a n unappropriated surplus in t h e S t a t e Treasury or the revenue necessary to pay such appropriation shall have been provided by a t a x laid f o r such purpose and collected into t h e 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.
P a r a g r a p h IV. Appropriations to be f o r Specific Sums. ( a ) Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency or institution f o r which appropriation is made shall be f o r a specific sum of money, and n o appropriation shall allocate t o 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 the S t a t e in each of the immediately preceding fiscal years, less t h e amount of refunds, rebates and collection costs authorized by law, is hereby appropriated f o r the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining a n adequate system of public roads and bridges in this State, a s authorized by laws enacted by the General Assembly of Georgia; and f o r g r a n t s to counties by law a u t h o r i z i ~ groad construction and maintenance, as provided by law authorizing such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act and said sum need not be specifically stated in any General Appropriations Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this State, unless such provisions a r e in conflict with the provisions of this paragraph. And provided, however, t h a t the proceeds of the t a x hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this S t a t e 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 the Governor.
[ E d i t o r i a l n o t e : P a ~ a g r a g hI V w a s a l t e ~ . e ~bly nmen,lmerrts r a t i f i e d N o v e m b e r 8, 1 9 6 0 and November 7, 1972.1
Paragraph V. Appropriations Void, When. Any appropriation made in conflict with either of t h e foregoing provisions shall be void.
SECTIONX.
P a r a g r a p h I. Existing Amendments Continued of Force. Amend-
9 7

Art. 7, Sec. 10, Par. 1
ments to t h e Constitution of t h e S t a t e of Georgia of 1877 i n effect a t t h e d a t e of the ratification by the voters of the State, of this Constituticn, 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 t o counties and cities having a population i n excess of a number stated in 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 t o cities lying in two counties. where such amendments a r e in force and effect a t t h e time of t h e ratification of this Constitution. Provided t h e amendment of P a r a graph I of Section I1 of Article X I of t h e Constitution of 1877 proposed by Georgia Laws, 1943, page 53, and ratified August 3, 1943, authorizing election by t h e 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 the County Superintendent of Schools shall not be continued of force.
ARTICLE VIII.
E DUCATZON
P a r a g r a p h I. S y s t e m of C o m m o n S c h o o l s ; F r e e T u i t i o n , S e p a r a t i o n o f Races. The provision of a n 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.
SECTION11.
P a r a g r a p h I. S t a t e B o a r d of E d u c a t i o n ; Method of A p p o i n t m e n t . 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 t h e advice and consent of t h e Senate. The Governor shall not be a member of the S t a t e 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 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. In case of a vacancy on said Board by death, resignation, o r from a n y other cause other t h a n t h e expiration of such members' t e r m of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of t h e General Assembly, o r if the 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 t h e Governor shall appoint the successor member of t h e Board f o r the unexpired t e r m and shall submit his name to the Senate for confirmation. All members of t h e Board shall hold office until their successors a r e appointed
9 8

Art. 8, Sec. 2, Par. 1
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 prececljng their appointment. No person employed in a professional capacity by a private or public education institution, or by t h e S t a t e Department of Education, shall be eligible f o r appointment or t o 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 after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law and existing a t the time of the 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.
P a r a g r a p h I. S t a t e School S u p e r i n t e n d e n t ; Electiox, T e r m , E t c . 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 the same time and i n t h e 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.
S E C T I O NI V .
P a r a g r a p h I. U n i v e r s i t y S y s t e m of G e o r g i a ; C o a r d of R e g e n t s . 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 its institutions in said system 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 i n 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 the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. 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 the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of t h e General Assembly, or if t h e General Assembly be then in session t o the end of t h a t session. During such session of the General Assembly the Governor shall appoint t h e successor member of the Board f o r t h e unexpired term 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
9 9

Art. 8, Sec. 4, P a r . 1
said Board of Regents of t h e University System of Georgia shall have the powers and duties a s provided by law 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 a n d duties a s may be hereafter provided by law.
SECTIONV.
Paragraph I. C o u n t y S y s t e m ; Board of 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 a n y independent school system now in existence in a county, shall compose one school district and shall be confined to the control and management of a County Board of Education. The Grand J u r y of each county shall select f r o m the 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 t h e expiration of the t e r m of one member of the County Board of Education each year. I n case of a vacancy on said Board by death, resignation of a member, o r f r o m a n y 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 t h e successor member of t h e Board f o r t h e 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 i n 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 b y referendum-Notwithstanding 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 t e r m 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 the 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 as may be provided by law.
[Editorial note: Paragraph I1 was added by an amendment ratified Nov. 8, 1966.1
SECTIONVI.
Paragraph I. C o u n t y School Superintendent; Election, T e r m , E t c . There shall be a County School Superintendent, who shall be t h e executive officer of t h e County Board of Education. He shall be elected by t h e people and his t e r m of office shall be f o r f o u r years and run concurrently with other county officers. The qualifications

Art. 8. Sec. 6. P a r . 1
and the salary of the County School Superintendent shall be fixed by law.
P a r a g r a p h 11. County school superintendents; change by referendum.-Notwithstanding provisions contained in Article VIII, Section VI, P a r a g r a p h I of this Constitution, or i n a n y local constitutional amendment applicable to a n y county school superintendent, the term of office of County school superintendents, their residence requirements and t h e 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 was added by an amendment ratified Nov. 8 , 1966.1
SECTIONVII.
Paragraph I. Independent Systems Continued; New Systems Prohibited. Authority is hereby granted to municipal corporations t o 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.
P a r a g r a p h I. Meetings of Boards of Education. All official meetings of County Boards of Education shall be open t o t h e public.
SECTIONIX.
P a r a g r a p h I. A r e a School Districts; A r e a Boards of Education; Area School Superintendents-The boards of education of a n y two or more counties, or independent school systems, or any combination thereof, may, by special o r local law, provide f o r consolidation and merger of any 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 the 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 the voters voting i n each of the school districts or school systems affected in a referendum held thereon in each school district or school system being consolidated or merged, provided 51y0 of the registered voters in each district o r 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 or school systems or 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
101

Art. 8, Sec. 9, P a r . 3
vacancies on said boards shall be a s provided by law. There shall be a n area school superintendent i n each area school district, who shall be t h e executive officer of t h e a r e a board of education. The manner of his election o r 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 t h e creation of a n a r e a school district, t h e number and manner of election or appointment of members of t h e 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 i n each of t h e 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 a s provided by law.
Paragraph 11. Power o f Boards to Contract With E a c h Other. Any two o r 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 m a y be authorized by law to perform.
[Editorial note: Section 1X was altered by an amendment ratified Nov. 8, 1966.1
Paragraph I. Certain S y s t e m s Protected. Public school systems established prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution.
SECTIONXI.
Paragraph I. Grants, Bequests and Donations Permitted. The State Board of Education and t h e Regents of t h e University System 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.
Paragraph 11. Grulzts, Bequests uud Donations to Count?/ Boards of Education and Independevzt School Syste9ns. 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 the use of their respective systems of education.
SECTIONX I I .
Paragraph I. Local Taxation f o r 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 the City of Savannah being co-extensive with said county, the levy of said t a x shall be on

Art. 8, Sec. 12, P a r . 1
all property in said county a s recommended by the governing body of said system. The certification t o be made by a n A r e a Board of Education t o the fiscal authorities of t h e 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 Tax Rate.-The twenty mill limitation provided in Paragraph I above may be removed o r 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 t h e call of a n election to determine whether such limitation shall he removed. The election shall be set to be held on a date not less t h a n twenty nor more t h a n t h i r t y days f r o m the d a t e of the issuance of t h e call and shall have the date and purpose of t h e election published in t h e official organ of the county once a week f o r two weeks preceding the date of the election. If a majority of the 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 i t be increased and shall specify the amount in t h e resolution. The election provisions for increase shall be the same a s for removal and if the proposal is favorably voted upon the county or area board may recomnlend up to t h e specified amount. I t 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. I t 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 area school district, a s t h e case may be.
[Editorial notc: Section XI1 was altered by a n a m e n d m e n t ratifred Nov. 8, 1966.1
S E C T I OXNI I I .
P a r a g r a p h I. Gra7zts f o r Education. Notwithstanding a n y other provision of this Constitution, the General Assembly may by law provide f o r g r a n t s of State, county or municipal funds to citizens of the State f o r educational purposes, in discharge of all obligation of the State to provide adequate education f o r its citizens.
P a r a g r a p h 11. Freedom of Association. Freedom from compulsory association a t all levels of public education shall be preserved in-
103

Art. 8, Sec. 13. P a r . 2
violate. The General Assembly shall by taxation provide funds for 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, 1964 and Nov. 6, 1962.1
ARTICLE IX. HOMESTEADS AND EXEMPTIONS
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, o r 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, or both, t o t h e value i n t h e aggregate of sixteen hundred dollars; and the General Assembly shall have authority to provide t h e manner of exempting said property, t h e sale, alienation and encumbrance thereof, and to provide f o r t h e waiver of said exemption by the debtor.
Paragraph 11. Homestead and Exemption Laws Continued. The laws now of force with resvect to homestead and e x e m ~ t i o n sshall remain in full force until changed by law.
[Editorial note: There is no Section 11.1
P a r a g r a p h I. I n addition to and supplementary of a n y powers now conferred upon and possessed by any county, municipality, or any combination thereof, any county, any municipality and any combination of any such political subdivisions may exercise the following powers and provide the following services:
( I ) Police and fire protection. ( 2 ) Garbage and solid waste collection and disposal. (3) Public health facilities and services; including hospitals, ambulance, emergency rescue services, and animal control. (4) Street and road construction and maintenance; including curbs, sidewalks, street lights and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof. (5) Parks, recreational areas, programs and facilities. (6) Storm water and sewage collection and disposal systems. (7) Development, storage, treatment and purification and distribution of water. (8) Public housing. (9) Urban redevelopment programs. (10) Public transportation system. (11) Planning and zoning. (12) Libraries. (13) Terminal and dock facilities and parking facilities. (14) Building, housing, plumbing, and electrical codes. (15) Air Pollution Control ;
104

Art. 9, Sec. 3, Par. 1
Provided, however, t h a t no City or County may exercise any such powers or provide any such service herein listed inside the boundaries of any other local governments except by contract with the City or County affected unless otherwise provided by any local or special law and no existing local or special laws or provision of this Constitution is intended to be hereby repealed.
Each county and municipality, and any combination thereof, shall have the authority to enact ordinances and to contract with each other in pursuance of this Paragraph and for the purpose of carrying out and effectuating the powers herein conferred upon such political subdivisions and in order to provide such services. Any county, municipality, and any combination thereof, or the General Assembly, may provide for the creation of special districts within which the above services, or any portion thereof, shall be provided, and to determine and fix reasonable charges and fees for such services. In addition, the powers of taxation and assessment may be exercised by any county, municipality or any combination thereof, or within any such. district, for the above powers and in order to provide such services.
[Editorial note: Section I11 was added b y an amendment ratified November 7, 1972.1
ARTICLE X. MILITIA
Paragraph I. Organization of Militia. A well regulated militia being essential to the peace and security of the State, the 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.
Paragraph 11. Volunteers. The General Assmbly shall have power to authorize the 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 to receive any pay, rations, or emoluments, when not in active service by authority of the State.
Paragraph IV. Discipline of the Militia. When not in Federal service the discipline of members of the Militia shall be in accordance with the applicable provisions of the Constitution and laws of the United States, Acts of the General Assembly, and directives of the Governor in his capacity as Commander-in-Chief of the Militia. Notwithstanding any 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, for the initiation of charges and subsequent procedures thereon, rules of evidence,

Art. 10, Sec. 1, Par. 4
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
P a r a g r a p h 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 i n t h e name thereof; and t h e metes and bounds of t h e several counties shall remain as now prescribed by law, unless changed as hereinafter provided.
Paragraph 11. Number Limited. There shall not be more than one hundred and fifty-nine counties in this State.
P a r a g r a p h 111. New Cou?zties Permitted, When. No new county shall be created except by the consolidation o r merger of existing counties.
Paragraph IV. The General Assembly shall have power, with the concurrence of a majority of the qualified voters voting thereon i n each of the counties affected, t o provide f o r t h e consolidation of two or more counties into one, or t h e merger of one or more counties into another, or the division of a county, and t h e merger of portions thereof into other counties; provided, however, upon the filing with t h e ordinary of a n y county of a petition signed by not less t h a n twenty per centum ( 2 0 % ) of t h e duly qualified voters of such county, seeking such merger, consolidation or division, i t shall be the duty of such ordinary t o 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 t h e latter to provide f o r the publication of such petition, omitting 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 t h e ordinary or ordinaries of the other county or counties affected, expressing favor or approval of the original petition, signed by not less t h a n twenty per centum (207') 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 t o t h e Governor, whose duty it shall then be to call immediately an 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 l a s t petition, publishing notice thereof once a week for 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
106

Art. 11, Sec. 1, Par. 4
time a s may be prescribed by law, but not later than two (2) years following the date of such election, as hereinafter referred to. Provided, however, any election held pursuant to the call of the Governor hereunder shall be null and void unless 51% of the registered voters of the portion or portions of the counties affected shall have voted in said election. The members of the General Assembly from all such counties shall serve out the remainder of their terms for which elected, and a t the Session of the General Assembly next following such election, the county site shall be changed by law, without regard to the provisions of Paragraph IX hereof, and the General Assembly shall likewise provide by law for the 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 for the 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 as quoted above.]
Paragraph VI. County Government Uniform; Exceptions. Whatever tribunal, or officers, may be created by the General Assembly for the transaction of county matters, shall be uniform throughout the State, and of the same name, jurisdiction, and remedies, except that the General Assembly may provide for Commissioners of Roads and Revenues in any county, may abolish the office of County Treasurer in any county, may fix the compensation of County Treasurers, and may consolidate the offices of Tax Receiver and Tax Collector in the office of Tax Commissioner, and may fix his compensation, without respect to uniformity.
Paragraph VII. Consolidation of Governments; Submission to Voters. The General Assembly may provide by general law optional systems of consolidated county and municipal government, providing for 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.
Paragraph VIII. County Lines. County lines shall not be changed, unless under the operation of a general law for that purpose.
Paragraph IX. County Sites Changed; Method. No county site shall be changed or removed, except by a two-thirds vote of the qualified voters of the county, voting a t an election held for that purpose and by a majority vote of the General Assembly.
Paragraph I. County Officers; Election; Term; IZemoval; 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 for any of the offices referred to 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

Art. 11, Sec. 2, Par. 2
may be on a fee basis, salary basis, or fee basis supplemented by salary, in such manner as may be directed by law.
[Editorial note: See also Article IX, Section 111.1
ARTICLE XII. T H E LAWS OF GENERAL OPERATION IN FORCE
IN THIS STATE
Paragraph I. S u p r e m e L a w . The laws of general operation in this State are, first: As the Supreme law: The Constitution of the United States, the laws of the United States 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. T h i r d in Authority. Third: In subordination to the foregoing: All laws now of force in this State, not inconsistent with this Constitution shall remain of force until the same are modified or repealed by the General Assembly.
Paragraph IV. Local and Private Acts. Local and private acts passed for 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 as to their validity when passed, and to any limitations imposed by their own terms.
Paragraph V. Proceedings of C o u r t s 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 or other proceedings, in conformity with the law of force when they were made.
Paragraph VI. E x i s t i n g Officers. 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 THE CONSTITUTION
Paragraph I. Proposals to amend the 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 two-

Art. 13, Sec. 1, Par. 1
thirds of the members elected to each branch of the General Assembly in a roll call vote, such proposal shall be entered on the 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 the affirmative vote of two-thirds of the members elected t o each branch of the General Assembly in 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 State 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 in full, once each week for 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 Congressional District of the State. If such proposed amendment is not general, i t shall be published, as provided by law, in full, once each week for 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. In the event no such newspaper is located in such county, a newspaper in an adjoining county shall be used. A proposal for a new Constitution shall be published in the same manner a s proposed general amendments.
Any proposed amendment which is general or a proposal for a new Constitution shall be submitted to the people of the entire State a t the next general election which is held in the even-numbered years, and if ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon, such amendment shall become a part of this Constitution or shall become the new Constitution, as the case may be. A proposed amendment which is not general shall be submitted a t the next general election which is held in the even-numbered years, but shall only be submitted to 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 the electors qualified to vote for members of the General Assembly voting thereon in each such political subdivision before it shall become a part 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 as 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
Paragraph 11. Convention,How Called. No convention of the peo-
109

Art. 13, Sec. 1, Par. 2
ple shall be called by the General Assembly to revise, amend or change this Constitution, unless by the concurrence of two-thirds of all members of each house of the General Assembly. The representation in said convention shall be based on population a s near a s practicable. This Constitution shall not be revised, amended, or 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.
Paragraph 111. V e t o N o t Permitted. 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 antendmeats. Unless the amendment itself shall provide otherwise, an amendment to this Constitution shall become effective on t h e first day of J a n u a r y following its ratification.
[Editorial note: Paragraph IV was added in 1970.1
ARTICLE XIV. MERIT SYSTEM
SECTIONI.
Paragraph I. S t a t e Personnel Board. A non-salaried State Personnel Board comprised of three citizens of this State, of known interest in the 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 to 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 State official o r employee shall be a member of the State Personnel Board.
Paragraph 11. R e t i r e m e n t S y s t e m . Appropriation. 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 the State Personnel Board.
ARTICLE XV.
Paragraph I. The General Assembly is authorized to provide by law f o r the 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 t o municipalities upon which, prior to the ratification of this amendment, it was necessary for the General Assembly to act,

Art. 15, Sec. 1, P a r . 1
may be dealt with without t h e necessity of action by t h e General Assembly. Any powers granted a s provided herein shall be exercised subject only t o statutes of general application pertaining t o municipalities.
[Editorial note: By an amendment ratified on November 2, 1964, the original home rule provision of the Constitution was stircken in its entirety and replaced by the above provision.]
SECTION11.
P a r a g r a p h I. Home Rule f o r Couv~ties. ( a ) The governing authority of each county shall have legislative power to 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 Subp a r a g r a p h ( b ) . This, however, shall not restrict t h e authority of t h e General Assembly by general law to 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, as a n incident of its home rule power, ammend or repeal t h e 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 t h e 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 i n t h e 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 s t a t e t h a t a copy of t h e proposed amendment or repeal is on file in the office of the clerk of t h e superior court of the county f o r the purpose of examination and inspection by t h e public. The Clerk of the Superior Court shall furnish anyone, upon written request, a copy of the proposed amendment o r repeal. No amendment or repeal hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided i n 2. of this Subparagraph or t o change or repeal a local a c t of t h e General Assembly ratified in a referendum by t h e electors of such county unless a t least twelve months have elapsed after such referendum. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision h a s been made therefore by general law.
2. Amendments to 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, in cases of counties with a population of five thousand or less, t h e signatures of a t least twenty-five per centum of t h e electors registered to vote in the l a s t general election; i n cases of coun-

Art. 15, Sec. 2, P a r . 1
ties 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 p e r centum of t h e electors registered t o vote i n the l a s t general election; and i n 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 to vote in the last general election, which petition shall specifically set forth t h e exact language of t h e proposed amendment or repeal. The ordinary shall determine t h e 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 t h e registered electors of t h e county for their approval or rejection. Such call shall be issued not less t h a n t e n nor more t h a n sixty days a f t e r t h e d a t e of the filing of t h e petition. H e shall set the date of such election f o r a d a y not less t h a n sixty nor more t h a n ninety days a f t e r t h e date of such filing. The ordinary shall cause a notice of t h e d a t e of said election t o b e published i n t h e 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 s t a t e t h a t a copy thereof is on file i n the office of t h e ordinary of t h e county f o r the purpose of examination and inspection by t h e 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 the votes cast on such question a r e f o r 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 it shall be the duty of the ordinary to hold and conduct such election. Such election shall be held under the same laws and rules and regulations a s govern special elections, except a s otherwise provided herein. It shall be t h e duty of t h e ordinary t o canvass t h e returns and declare and certify the result of t h e election. It shall be his f u r t h e r duty to certify t h e result thereof to the Secretary of S t a t e in accordance with the provisions of P a r a g r a p h 4 of this Section. A referendum on any such amendment o r repeal shall not be held more often t h a n 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.
In the event that the ordinary determines that such petition was not 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 t h e validity of t h e petition is a t issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be i n t h e official organ of t h e county i n t h e 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) abovc shall not be construed to estend to the following matters or any other matters which the General Assembly by general law has preempted or may liereafter preempt, but such matters shall be the subject of general law, or t h e subject of local acts of t h e General Assembly to t h e extent t h a t t h e enactment of such local acts i s otherwise permitted under this Constitution:

Art. 15, Sec. 2, Par. 1
1. Action affecting a n y elective county office, t h e salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of t h e county governing authority.
2. Action affecting the composition, form, procedure f o r election o r appointment, compensation and expenses and allowances in the nature of compensation, of t h e county governing authority.
3. Action defining any criminal offense or providing f o r criminal punishment.
4. Action adopting a n y f o r m of taxation beyond t h a t authorized by law or by this Constitution.
5. Action expending the power of regulation over a n y business activity regulated by the Public Service Commission beyond t h a t authorized by local or general law or by this Constitution.
6. Action affecting t h e exercise of t h e power of eminent domain.
7. Action affecting any court or the personnel thereof.
8. Action affecting a n y public school system.
(d) The power granted i n 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 t o the exercise of a n independent governmental power.
(e) Nothing in this P a r a g r a p h shall affect the provisions of P a r a graphs 2 and 3 of this Section.
P a r a g r a p h 11. Salary o f Count?j E~nployees; 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.
P a r a g r a p h 111. County Plannixg and Zoning. The governing authority 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 s t a t e and adjoining states. The General Assembly is hereby authorized to provide by law for such joint planning and zoning commissions and provide the powers and duties thereof. Such governing authority is hereby authorized to participate in the costs of such planning commission.
P a r a g r a p h IV. Filing and Publicatio?~o f Luws. No amendment o r revision of a n y local act 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

Art. 15, Sec. 2, Par. 4
copy of t h e required notice of publication, and a n affidavit of a duly authorized representative of the newspaper i n which such notice was 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.
Paragraph 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 t o 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 that 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 a r e a s which a r e predominantly slum o r blighted areas, t h e preparation of such a r e a s f o r reuse, and t h e sale o r other disposition of such a r e a s t o private enterprise f o r private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and t h e 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 XVII. PUELIC TRANSPORTATION OF PASSENGERS FOR HIRE
SECTIONI. PUBLICTRANSPORTATIOONF PASSENGERFSOR HIRE
I N TIIE METROPOLITAANREAOF A T L ~ N T A
Paragraph I. The acquisition, establishment, operation, o r administration of a system of Public transportation of passengers f o r hire within the metropolitan a r e a of t h e City of Atlanta and t h e Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett, is a n essential governmental function and a public purpose f o r which the 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 the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett, o r a n y one o r any combination thereof, to perform the aforesaid function, to have the power of eminent domain, the power to borrow money and issue obligations payable from its revenues, and such other powers as may be necessary or convenient for t h e accomplishment of the aforesaid function and purpose.

Art. 17, Sec. 1, P a r . 3
Paragraph 111. The General Assembly may provide t h a t such public corporation o r 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 t h e 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 t h e aforesaid function and purpose; to pay f o r the public transportation services and facilities contracted for, includi n g 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 to acquire the necessarv facilities and aroaertv therefor and i n connection therewith t o establish and maintiin reasonable reserves; to levy taxes to the extent necessary to fulfill the obligation incurred in such contracts: and to convey to such public corpoiation or authority property or facilities, or render services, which may be useful to the establishment, operation or administration of a public transportation system within t h e aforesaid metropolitan a r e a ; provided t h a t no county shall have t h e 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 t o 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 was added in 1964.1

Year
1946 1948 1950 1952 1954 1956 1958 1960 1962 1964 1966 1968 1970 1972
Total

Table of Amendments

TABLE OF AMENDMENTS

Proposed

Ratified

Rejected

Number Local & Number Local & Number Local &

General Special General Special General Special

1

0

0

0

1

0

0

17

0

15

0

2

4

33

2

26

2

7

10

36

9

3 1

1

5

7

40

7

28

0

12

12

46

12

3 6

0

10

16

56

5

38

11

18

19

68

14

50

5

18

16

121

10

99

6

23

14

102

12

76

2

26

19

93

17

63

2

30

23

10G

19

88

4

18

15

48

6

29

9

19

24

70

22

53

2

17

180

836

135

632

45

205

Total number of amendments through 1972 -767.
NOTE: F o r a brief analysis of these amendments in chronological order, see Local Anzendments to the Constitutions of 1877 and 1945. Atlanta: Office of Legislative Counsel, 1961. See also "Constitutional Amendments," Georgia State Car Journal, February, 1969, pp. 331-345.