Constitution of the state of Georgia ratified, August 7, 1945, proclaimed, August 13, 1945 [Jan. 1975]

CONSTITUTION
OF THE
STATE OF GEORGIA
(Compiled January, 1975)
RATIFIED, AUGUST 7, 1 9 4 5 PROCLAIMED, AUGUST 13, 1 9 4 5

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

TABLE OF CONTENTS LIST OF STATE CONSTITUTIONS 2 ................................

ARTICLE

I-Bill of R i g h t s 19 ........................................

ARTICLE

11-Elective Franchise 24 ...._.._._........_.---..-..---

ARTICLE 111-Legislative Department 26 __.._..._-...._.....-.

ARTICLE

IV-Power of General Assembly over Taxation 33 ....................................

ARTICLE ARTICLE

V-Executive
VI-Judici.ar.y

Department 36 _._..__,_._.....__ 48 __...._..._-.......------..-.--.-.--.-.--.--.-2

ARTICLE

VII-Finance, Taxation and Public Debt 61 ........................................

ARTICLE VIII-Education

120 _._......._-_........__..._._....--..

ARTICLE ARTICLE

IX-Homesteads and Exemptions 126 ____-._..._._

X-Mlh.ti.a .

127 _-_._....___-_ 2-. _ ...._ --.-_ -- .- -.----.-

ARTICLE XI-Counties and Municipal

Corporations

128

ARTICLE XII-The Laws of General Operations in Force in t h i s S t a t e 140 _._._...._._-__.__

ARTICLE XIII-Amendments t o t h e Constitution _._..__.140

ARTICLE XIV--Merit System 142 ........................................

ARTICLE XV-Home

Rule 142 ........................................

ARTICLE XVI--Slum Clearance and Redevelopment 146 _.__-..._._....__._..---

ARTICLE XVII-Public Transportation of Passengers f o r Hire 146 ___....__...___.-.

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.

GENERAL CONSTITUTIONAL AMENDMENTS ADOPTED SINCE RATIFICATION O F CONSTITUTION OF 1945
Amendment to Art. VII, Sec. I, Par. 11, sub-par. 1, so a s to authorize the General Assembly t o provide f o r the payment of one hundred thousand dollars ($100,000.00) for bringing in the first commercial 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 to obtain the loans provided in said paragraph.
RATIFIED NOVEMBER 7, 1950.
Amendment t o Par. IV, Sec. IX of Art. VII t o provide f o r the appropriation of funds f o r highway purposes.
Amendment t o Art. VII, Sec. I, Par. 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, o r defending t h e S t a t e i n time of war, from five (5) mills on each dollar of the value of the property taxable i n the State, t o one-fourth ( % ) mill on each dollar of t h e value of t h e property taxable in the State; provided, however, that until some other method permitted by the laws of the United States f o r t h e 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 t o practice medicine in the S t a t e of Georgia, and to authorize t h e 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 f o r a period of thirty days after adjournment in which the Governw 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 General Assembly may exercise t h e power of taxation f o r t h e purpose of making provision f o r the payment of pensions to ex-Confederate soldiers and t o the 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.
3

Amendment t o Art. VII, Sec. 11, Par. I, by adding a new paragraph so a s to extend to the employees of the State and its subdivisions protection accorded others by the Old Age and Survivors Insurance Program embodied under the Federal Social Security Act and the Federal Insurance Contributions Act.
Amendment striking Par. XV of Sec. VII of Art. I11 in its entirety, and inserting in lieu thereof a new paragraph providing f o r notice of intention to apply for local legislation to be advertised in the newspaper in the locality affected; to provide for the method of changing term of office o r abolishing a n office during the term for which a person h a s been elected; and to provide f o r the method of increasing the membership of any municipal or county governing authority.
Amendment t o Art. 13, Sec. 1, Par. 1, providing f o r the submission of amendments t o the Constitution that 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 f o r self-government of municipalities.
Amendment t o Article 111, Section IV, Paragraphs I and I11 of the Constitution so a s to provide f o r annual sessions of the General Assembly not to exceed forty (40) days.
~ m e n d m e n t o Article VII, Section I, Paragraphs IV, of the Constitution of Georgia providing f o r 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.
Amendment to Article VII, Section 11, of the 1945 Constitution of Georgia, so a s to provide that taxation may be exercised for the purpose of paying pensions under a firemen's pension system.
Amendment to the Constitution of the State of Georgia by adding a new Article to be designated Article XVI, Slum Clearance and Redevelopment.
Amendment to the Constitution so a s to provide for a procedure by which a county may remove or increase the limitation of the t a x levy for education.
RATIFIED NOVEMBER 2, 1954.
*****
Amendment to Article VI, Section I1 of the Constitution of Georgia s o a s t o confer upon the Supreme Court and Court of Appeals Jurisdiction t o review by writ of error all final judgments and adjudication rendered by Juvenile Courts.
Amendment to the Constitution so a s t o change the method of amending the Constitution.
4

the General Assembly to create traffic courts in and for certain cities.
Amendment t o Article VI, Section I of the Constitution, authorizing Amendment to the Constitution so as to authorize the General Assembly t o consider business pending a t the adjournment of a n y regular sessions a t any later regular session.
.4mendment t o Article 111, Section XI, Paragraph I of t h e Constitution, changing certain wording.
Amendment t o 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 t o Article VI, Section 111, Paragraph I of t h e Constitution fixing t h e terms of office of the Judges of the Superior Court of the Atlanta Judicial Circuit.
Amendment to the Constitution s o a s to provide f o r the payment of $250,000.00 in connection with the bringing in of the f i r s t commercial oil well in this State.
RATIFIED NOVEMBER 20, 1956.
*****
Amendment t o Article VII, Section I, P a r a g r a p h IV of t h e Constitution so a s to provide for homestead exemption for certain disabled veterans.
Amendment t o Article VII, Section I, Paragraph I1 of t h e Constitution so a s t o provide the Board of Regents of the University System of Georgia with the authority to g r a n t scholarships to qualified students lacking funds to pursue their education.
Amendment to Article VII, Section I, Paragraph I1 of the Constitution so a s 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 , P a r a g r a p h I1 of the Constitution so a s t o authorize the State Board of Education t o g r a n t scholarships to citizens of Georgia t o study t o become teachers.
Amendment to Article VI, Section XIII, Paragraph I1 of the Constitution so a s to provide t h a t 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 t o preside i n o r over the Supreme Court, the Court of Appeals and the Superior Courts.
RATIFIED NOVEMBER 4, 1958.
5

Amendment to the Constitution t o provide f o r the appropriation of motor fuel taxes for highway construction and maintenance purposes i n order t o provide a n adequate system of through highways, rural and post roads and bridges in this State.
Amendment t o Article VII, Section VI, Paragraph I ( a ) of the Constitution t o establish and clarify provisions f o r payment of contract obligations authorized by the State Constitution.
Amendment to the Constitution so a s t o authorize the General Assembly t o provide by law f o r the granting of State funds to municipalities.
Amendment to the Constitution so a s to change the provisions relating t o the millage limitation for the tax levy for education.
Amendment to the Constitution so a s to provide that the General Assembly shall have the power to establish an Industrial Development Commission to make loans available to industrial development agencies to aid them in acquiring and constructing industrial and manufacturing plants and facilities within the State; and to provide that the General Assembly shall have the power to tax to carry out and implement t h e purposes of the Commission.
Amendment to the Constitution so a s to provide for the promotion of agricultural products.
Amendment to the Constitution so as to provide for the payment for taking or damaging private property for public road and street purposes.
Amendment to the Constitution so 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 t o provide f o r repayment of medical loans and scholarships by service a t Milledgeville State Hospital.
Amendment t o provide f o r 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 a s to authorize the establishment of a r e a schools, including vocational trade schools.
Amendment to the Constitution so as to authorize counties to purchase liability insurance.
Amendment t o the Constitution so a s to authorize the creation of a Brunswick Ports Authority.
Amendment t o the Constitution so a s to provide for the discipline, including courts-martial and non-judicial punishment, procedures and rules of evidence therefor, f o r members of the Militia when not i n Federal service.
RATIFIED NOVEMBER 8, 1960.
6

Amendment to Article VII, Section I11 of t h e Constitution so a s t o preserve inviolate freedom from compulsory association a t all levels of public education and to require the General Assembly t o provide funds f o r a n adequate education f o r t h e 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 S t a t e Senators, the ratification of the apportionment of the Senate and the election of Senators.
Amendment to Article VII, Section I, P a r a g r a p h I of the Constitution so a s to authorize the General Assembly to provide for the payment of g r a n t s to counties under certain conditions.
Amendment to Article VII, Section IX of the Constitution so a s t o 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 for a Board of Commissioners for said Department.
Amendment t o Article 111, Section IV, Paragraph I11 of the Constitution so as to furnish the people's elected representatives i n the General Assembly sufficient time to study matters relating to the expenditure of public funds.
Amendment to Article VII, Section VII, P a r a g r a p h I of the Constitution so a s to allow any county or municipality in this State to borrow the necessary funds t o defray the cost of property valuation and equalization programs for ad valorem tax purposes.
Amendment to Article VII, Section I, P a r a g r a p h I1 of the Constitution so a s to provide for repayment of medical loans scholarships by service a t any prison or detention camp or work camp operated under the jurisdiction of the S t a t e Board of Corrections.
Amendment to Article XVI of the Constitution so a s t o allow counties to undertake and carry out a slum clearance and redevelopment program.
Amendment to Article V, Section I, P a r a g r a p h XV of the Constitution so as to provide for the General Assembly enacting legislation over the Governor's veto.
RATIFIED NOVEMBER 6, 1962.
* * * :I: .!:
Amendment to the Constitution so as to create a new State Highway Board and a Director of t h e S t a t e Highway Department.
Amendment to the Constitution so as to authorize the General Assembly t o provide by law f o r the creation of a S t a t e Scholarship Commission to be authorized and empowered to activate, inaugurate and conduct a program t o provide f o r the g r a n t i n g of scholarships t o students desiring to study courses in the paramedical, professional or educational fields.
Amendment to the Constitution so a s t o 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 for a program of guaranteed student loans and for the payment of interest on student loans f o r higher education and t o create a n entity for administering such program.
Amendment t o 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 in periods of emergency resulting from disasters caused by enemy attack.
Amendment to 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 t o the Constitution so a s t o provide t h a t 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 t h e taxation of such property, and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their f a i r share of ad valorem taxes on said motor vehicles.
Amendment to the Constitution so a s to provide for increased homestead exemption f o r certain persons sixty-five (65) years of a g e o r over.
Amendment to the Constitution so a s to provide that credit for service a t Milledgeville State Hospital, or a t any prison or detention camp or work camp operated under the jurisdiction of the State Board of Corrections which is applicable for the repayment of medical loans or scholarships shall be retroactive.
Amendment to the Constitution so a s to provide that the General Assembly may authorize the governing authorities of the counties of this S t a t e to assess and collect license fees and taxes upon businesses located in t h e county outside the limits of any incorporated municipality.
Amendment to the Constitution so a s to extend the homestead exemption for disabled veterans to those veterans suffering from paraplegia or permanent paralysis resulting from multiple sclerosis.
RATIFIED NOVEMBER 3. 1964.
Amendment t o the Constitution so a s t o 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 t o the Constitution so a s to provide for the payment for taking or damaging private property for public road and street purDoses, in order t o authorize t h e state t o require the removal of existing outdoor advertising and the removal o r screening of existing outdoor junk yards or other installations interfering with the natural beauty of the highway and surrounding landscape, so a s to prevent the loss of large sums of Federal money.
Amendment to the Constitution so a s to authorize the General Assembly to appropriate funds to any State department or other State ayency f o r the purpose of being used t o obtain funds from the Federal Government for educational scholarships, educational loans and other educational purposes and to authorize such State departments and other State agencies to use the funds so appropriated and the funds received from the Federal Government for the purposes authorized and directed by the Federal Government in making such funds available.
Amendment to the Constitution so a s to require notice of candidacy for write-in candidates.
Amendment to the Constitution so as to provide a method whereby the manner of electing or appointing members of county boards of education and county school superintendents, their term of office, residence requirements. method of filling vacancies, and t h e number of members on county boards, may be changed by local o r 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 for the primary purpose of reducing a i r or water pollution.
Amendment to the Constitution so a s to allow the General Assembly to set different residence requirements for persons t o be eligible to vote in national elections and State elections.
Amendment to the Constitution so as to provide home rule for counties.
Amendment to the Constitution so a s to authorize the Department of Industry and Trade t o participate in the operation of certain facilities f o r the promotion of tourism in the S t a t e of Georgia.
Amendment to the Constitution so as to authorize the General Assembly to provide by law for the indemnification with respect to death, personal injury or property demage sustained in preventing the commission of a crime against t h e person or property of another, in apprehending a criminal, or in materially assisting a peace officer in prevention of a crime o r apprehension of a criminal.
Amendment to the Constitution so as to authorize the State Board of Vocational Education t o accept and dispense Federal funds i n accordance with the terms of the g r a n t of such funds including disbursement thereby to non-profit corporations or associations engaged solely in vocational rehabilitation work.

Amendment to the Constitution so as 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 as to provide that service a t Gracewood State School and Hospital or any other facility operated by or under the jurisdiction of the State Department of Public Health shall be applicable service f o r the repayment of medical loans and scholarships and that 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 relating to the powers of county governments.
Amendment to the Constitution so as to provide that 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.
R A T I F I E D NOVEMBER 8, 1966.
Amendment t o the Constitution to provide t h a t the Lieutenant Governor-Elect shall succeed to the 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 State funds for school lunch purposes.
Amendment to the Constitution to provide that 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 as the Governor and the procedures relating to the election of the Governor shall apply to said officers and to provide t h a t in the event of the death or withdrawal of any person elected to any 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 g r a n t scholarships or other assistance to the children of law enforcement officers, firemen and prison guards, who a r e permanently disabled o r 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 an 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 o r a wheelchair.
Amendment to the Constitution to increase the amount of loans and scholarships for medical students and to change the provisions relative to the repayment of such loans and scholarships, the State Medical Education Board and the secretary of said Board.
Amendment to the Constitution to provide for a n exemption of $4,000.00 from all State and county ad valorem taxes on the homestead of owners sixty-five (65) years of age o r older whose net income a s defined by Georgia law for income tax purposes when added to that of his spouse does not exceed $4,000.00 f o r the immediately preceding taxable year.
Alnendment 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 t o the State Treasurer.
Amendment t o the Constitution to authorize the 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 f o r the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting a t the request of the Department to discuss the location or development of new business, industry o r tourism within the State and provide that all such expenditures shall be verified by vouchers showing the date, place, purpose and persons for whom such expenditures were made, and further provide that the State Auditor shall conduct 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 f o r a new Constitution a s 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 f o r 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 o r products affected and to provide that the General Assembly may delegate to instrumentalities, public corporations, authorities and commissions created by it the right t o impose, raise, lower or repeal assessn~ents,fees o r other charges upon the sale o r processing of affected products and to collect the same after approval by the producers of such products in a referendum.

Amendment to the Constitution to provide that the General Assembly may create Development Authorities or authorize any county or municipal corporation or combinations thereof to create Development Authorities and authorize such authorities to issue revenue obligations 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 S t a t e of Georgia a s of a certain date, and to authorize the General Assembly to accord such veterans preference, point or otherwise, in a n y 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 f o r t h e 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 for the expenditure of S t a t e funds and the funds of county and independent boards of education f o r the support of said retirement system.
Amendment to the Constitution to authorize the General Assembly, in its discretion, t o create a new court or system of courts in and f o r each city of this S t a t e having a population of more than 3'00,000 according t o t h e United States Decennial Census of 1960, and any future such United S t a t e s Census; and t o 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 f i r s t day of J a n u a r y following i t s ratification.
Amendment to the Constitution to authorize the General Assembly to provide by law t h a t 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, i n a n amount not t o 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 i n the armed forces, due t o loss, or loss of use, of both lower extremities, such a s t o 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 o r loss of use of one lower extremity, or due t o the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect t h e functions of

billance or propulsion a s to preclude locomotion without resort to a wheelchair.
Amendment to the Constitution to authorize the General Assembly to provide by law f o r g r a n t s or scholarships t o citizens of Georgia who are students attending colleqes or universities which a r e not branches of t h e University System of Georgia, and to authorize the General Assembly to provide the procedures for making such
. grants or scholarships and to provide appropriations f o r such pur-
poses.
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, a n 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 to provide by law, from time to time, f o r the increase of retirement or pension benefits of retired persons who retired pursuant t o a n y retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law, and to authorize the General Assembly to appropriate funds for such purpose.
RATIFIED NOVEMBER 3, 1970.
Amendment to the Constitution so a s to provide for a Judicial Qualifications Commission; t o provide f o r t h e 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, or involuntary retirement of justices o r judges of any court of this S t a t e and t h e grounds therefor; to provide f o r all matters relative thereto.
Amendment to the Constitution so as to change the name and composition of the S t a t e Game and Fish Commission t o the Board of Natural Resources.
Amendment to the Constitution to change the name and designation of the Department of Industry and Trade to the Department of Conimunity Development; to change the name and designation of the Board of Commissioners of the Department of Industry and Trade to 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 the name and the designation of t h e Director to Commissioner; t o change the reference and designation of t h e S t a t e Highway Department t o t h e Department of Transportation; t o enable the S t a t e of Georgia and i t s Department of Transportation t o comply with a n Act of Conqress providing f o r the "Control of Outdoor Advertising" on the Interstate or Primary 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; t o replace the name of the Treasurer
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wherever i t appears in the Constitution; to provide for 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 con~posedof not less than five or more than seven members; t o provide t h a t future members of the Board shall serve f o r a period of seven years or until removed by the concurrent action of the Governor, Lieutenant Governor and Attorney General.
Amendment to the Constitution so a s to authorize incurring public debt; t o provide f o r the payment of such debt; to create the Georgia State Financing and Investment Comn~ission.
Amendment t o 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 with a n Act of Congress known as the "Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970."
Amendment t o the Constitution so a s to provide that the General Assembly may 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 to authorize the General Assembly t o provide by law f o r a program or programs of loans, scholarships and grants, and the insuring of loans and payment of interest on loans to citizens of this State f o r educational purposes.
Amendment to the Constitution so as to authorize State taxation t o pay the salaries of personnel and to pay for 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 are 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 the General Assembly to provide by law f o r tuition g r a n t s to children of United States servicemen who were bona fide residents of this S t a t e a t the time of their entry into the Armed Forces and who a r e missing in action o r captured by a hostile force after 26 March 1964.
Amendment to the Constitution so as to provide that each disabled veteran who is a citizen and resident of Georgia shall be granted a n exemption from all ad valorem taxes on the vehicle he owns and on which he actually places the free HV vehicle license plates he receives from the S t a t e of Georgia.
Amendment to the Constitution so as to provide State departments and State agencies with the authority to disburse State funds to match federal funds in order to provide qualified employees with subprofessional, technical and professional educational scholarships and t o establish the terms and conditions of educational scholarships.
Amendment t o the Constitution so a s to provide t h a t federal old-age, survivor or disability benefits shall not be included in income f o r the purpose of persons 65 years of age or over qualifying for a homestead exemption of $4,000; t o 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
14

must notify the tax commissioner or tax receiver in the event he is no longer eligible for such exemption.
Amendment to the Constitution so as to provide that the homestead cf each resident of each independent school district who is 62 years of a g e o r over and who has a n income from all sources, including t h e income from all sources of certain members of t h e family, not exceeding $6,000 per annum, may be granted a n exemption from all ad valorem taxation for educational purposes levied for and in behalf of such system.
Amendment to the Constitution so a s to provide that the homestead of each resident of each county school district who is 62 years of a g e 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 a n exemption from all ad valorem taxation f o r educational purposes levied f o r and in behalf of such system.
Amendment to the Constitution so as 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 as to authorize the General Assembly t o provide by law f o r t h e increase of retirement or other benef i t s of retired persons who have retired o r in the future retire pursuant to any retirement or similar system created by law when such law provided t h a t such system be funded wholly or partly from fines and forfeitures.
Amendment t o the Constitution so a s to provide for concurrent jurisdiction over juvenile offenders in the Superior and Juvenile Courts.
Amendment to the Constitution so a s to provide for annual appropriations.
Amendment to the Constitution to authorize the General Assembly to provide by law for durational residence requirements f o r elections.
RATIFIED NOVEMBER 7, 1972.
Amendment t o the Constitution so a s t o provide t h a t all courts of t h e S t a t e shall be a p a r t of one unified judicial system and t o provide t h a t the administration of the unified judicial system shall be a s provided by law.
Amendment to the Constitution so a s to authorize the General Assembly t o provide by law, from time t o time, f o r the increase of retirement or pension benefits of retired public schoolteachers who retired pursuant to a retirement o r pension system of a county, municipality or local board of education.
Amendment to the Constitution so as to change the name and designation of the office of Ordinary and the Court of Ordinary to Judge of the Probate Court and Probate Court, respectively.
Amendment to the Constitution so a s to authorize the General Assembly to create and establish a S t a t e Court of Claims whereby persons who have suffered injury or damage caused by the State, i t s agencies
15

o r political subdivisions, shall have a means of obtaining relief therefor, and t o provide t h a t the Supreme Court and the Court of Appeals of Georgia shall have original jurisdiction to t r y and correct errors of law from such State Court of Claims.
Amendment t o the Constitution so a s to provide that in order to encourage and enhance overall economic development, increase employment, promote agribusiness, and to provide incentives for the location of new and expanding manufacturing and processing facilities, harvested agricultural products which have a planting-to-harvest cycle of 12 months or less, which a r e custon~arilycured and aged f o r a period in excess of one year a f t e r harvesting, and before manufacturing, and which are held in this State for manufacturing or processing purposes, shall be exempt from all ad valorem taxation.
Amendment to the Constitution so a s to provide that the debt incurred by any county, nlunicipal corporation or political subdivision shall never exceed ten (10) per centum of the assessed value of all the taxable property therein.
Amendment to the Constitution to authorize the General Assembly t o allow municipal corporations having a population of more than 400,000 according to the last or any future United States Decennial Census to carry out and enforce the renioval or demolition, or closing of certain buildings and structures from private premises and the clearing of premises, not necessarily within a slum or blighted area, a t public expense to constitute a lien on the property after a n administrative hearing and a determination that such properties or structures are unfit for human habitation or use and are economically unrepairable.
Amendment t o the Constitution so a s to provide that in all cities of this S t a t e having a population of more than 300,000, a s disclosed by the United States Decennial Census of 1970, or any such future census, the governing authority shall be authorized to provide, from time t o time, f o r the increase of retirement or pension benefits of persons who have retired from employment with any such municipal corporation pursuant to any retirement system, annuity and benefit fund, pension system or similiar system heretofore or hereafter created by law, and to authorize such municipal corporations to appropriate funds for such purposes.
Amendment to the Constitution so a s to exclude retirement, pension or disability benefits, up to a certain maximum amount, a s income f o r the purpose of persons 65 years of a g e or over qualifying f o r a homestead exemption of $4,000.00.
Amendment to the Constit.1- tio on so a s t o create the City of Covington Parking Authority and to provide for the powers, authority and duties of such Authority, and t o authorize the Authority t o issue i t s revenue bonds and to provide f o r t h e method and manner of such issuance and for the validation thereof, and to authorize the Authority to contract with the City of Covington and with the S t a t e of Georgia and a n y departments, institutions, agencies, municipalities, counties or political subdivisions of the S t a t e of Georgia, public corporations and others and t o authorize the City of Covington t o contract with the Authority and to authorize said City to levy taxes

and to expend t a x monies of the City and any other available funds of the City and to make payment thereof to the Authority upon such terms a s may be provided in any contract entered into by and between the Authority and the City of Covington.
Amendment to the Constitution so as to create the Downtown Savannah Authority and to provide for the powers, authority and duties of such Authority, and t o authorize the Authority t o issue i t s revenue bonds and to provide f o r the method and manner of such issuance and for the validation thereof, and to authorize the Authority to contract with the City of Savannah and with the S t a t e of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the S t a t e of Georgia, public corporations and others and to authorize the City of Savannah to contract with the Authority and to authorize said City to levy taxes and to expend tax nionies of the City and to make payment thereof t o the Authority upon such terms a s may be provided in any contract entered into by and between the Authority and the City of Savannah.
Amendment to the Constitution so a s to create the DouglasvilleDouglas County Stadium Authority.
RATIFIED NOVEMBER 5, 1974

Governor's No. 34 House Resolution No. 11
A RESOLUTION
Proposing ( a s one single amendment) to amend the Constitution of the State of Georgia of 1877 and all amendments thereof, by striking in their entirety Article I (Bill of Rights), Article I1 (Elective Franchise), Article I11 (Legislative Department), Article IV (Power of the General Assembly Over Taxation), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation, and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (Counties and County Officers), Article XI1 (The Laws of General Operation in Force in This State), Article XI11 (Amendments to the Constitution), and by inserting in lieu thereof, a f t e r the Preamble of the Constitution of the State of Georgia of 1877, new Articles a s follows: Article I (Bill of Rights), Article I1 (Elective Franchise), Article 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 t o the qualified voters of the State of Georgia f o r ratification o r rejection a t the General Election to be held in August, 1945.
WHEREAS, the purpose of this single amendment is to coordinate the proposed substantial principles of organic law into one subject matter of the Constitution; it being impracticable otherwise than in one subject matter and one amendment to perfect the rearrangement sought; and to render unnecessary the evil consequences of a portion by portion adoption o r rejection which would in case of adoption of some portions and rejection of others result in a Constitution lacking correlation.
NOW THEREFORE, BE IT 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 a s one single amendment by striking therefrom in their entirety Article I (Bill of Rights), Article I1 (Elective Franchise), Article I11 (Legislative Department), Article IV (Power of the General Assembly Over Taxation), Article V (Executive Department), Article VI (Judiciary), Article VII (Finance, Taxation, and Public Debt), Article VIII (Education), Article IX (Homesteads and Exemptions), Article X (Militia), Article XI (Counties and County Officers), Article XI1 (The Laws of General Operation in Force in This S t a t e ) , Article XI11 (Amendments to the Constitution), and inserting in lieu thereof new Articles Numbers I through XV inclusive, so that when so amended, the Constitution of the State of Georgia of 1877 shall read, beginning with the Preamble, a s follows:
18

CONSTITUTION OF THE STATE O F 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, t h e people of Ceorgia, 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 f o r the good of t h e whole. Public officers a r e 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.
P a r a g r a p h 111. L i f e , L i b e r t y , and P r o p e r t y . No person shall be deprived of life, liberty, or property, except by due process of law.
Paragraph IV. Right to the Courts. No person shall be deprived of the right to prosecute or defend his own cause in a n y of the courts of this State, in person, by attorney, or both.
Paragraph V. B e n e f i t of Counsel; Accusation; L i s t of W i t n e s s e s ; Compulsory Process; Trial by Jury. Every person charged with an offense against the laws of this S t a t e 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 t h e witnesses testifying against him; and shall have a public and speedy trial by an impartial jury.
Paragraph VI. Crimination of Self N o t Compelled. No person shall be compelled to give testimony tending in a n y manner to criminate himself.
Paragraph VII. Banishment and Whipping as Punishment for Crime. Neither banishment beyond the limits of the State, nor whipping, a s a punishment f o r crime, shall be allowed.
P a r a g r a p h VIII. Jeopardy of L i f e or L i b e r t y More T h a n Once F o r bidden. No person shall be p u t in jeopardy of life or liberty more t h a n once for the same offense, save on his, or her own motion for a new trial a f t e r conviction, or in case of mistrial.

Art. 1, Sec. 1, P a r . 9
Paragraph IX. B a i l ; F i n e s ; ~ u n i s h m e n t rA r r e s t , Abuse of Prisoners. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison.
Paragraph X. Costs. No person shall be compelled to pay costs except after conviction on final trial.
P a r a g r a p h XI. Habeas Corpus. The w r i t of Habeas Corpus shall not be suspended.
Paragraph XII. Freedom of Conscience. All men have the natural and inalienable r i g h t 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, or prohibited from holding a n y public office, or t r u s t , on account of his religious opinions; but the r i g h t of liberty of conscience shall not be so construed a s t o excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State.
Paragraph XIV. Appropriations to Churches, Sects, Etc., Forbidden. No money shall ever be taken from the public Treasury, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of a n y sectarian institution.
Paragraph XV. Liberty of Speech or of the Press Guaranteed. No law shall ever be passed t o curtail, or restrain the liberty of speech, o r 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 n t s . The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath, or affirmation, particularly describing the place, or places, to be searched, and the persons or things to be seized.
Paragraph XVII. Slavery and Involuntary Servitzcde. There shall be within the State of Georgia neither slavery nor involuntary servitude, save a s a punishment for crime after legal conviction thereof.
Paragraph XVIII. S t a t u s of the Citizen. The social status of the citizen shall never be the 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 the consent of the owner, nor in time of war, except by the civil magistrate, in 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 f o r contempt shall be limited by legislative acts.
20

Art. 1, Sec. 1, P a r . 21
Paragraph XXI. Imprisonment for Debt. There shall be no imp r i ~ o n m e n ft o r debt.
P a r a g r a p h XXII. A r m s , R i g h t to K e e p and Bear. The right of the people to keep and bear arms, shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.
Paragraph XXIII. Legislative, Judicial, and Executive Powers, Separate. The legislative, judicial, and executive powers shall forever remain separate and distinct, and no person discharging the duties of one, shall, a t t h e same time, exercise the functions of either of the others, except a s 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 f o r redress of grievances by petition or remonstrance.
P a r a g r a p h XXV. Citizens, Protection o f . All citizens of the U n i t ~ d States, resident in this State, a r e hereby declared citizens of this State, and it shall be the duty of the General Assembly to enact such laws a s will protect them in the full enjoyment of the rights, privileges and immunities due to such citizenship.
Paragraph I. Libel; J u r y in Criminal Cases; N e w Trials. I n all prosecutions or indictments for libel the truth may be given in evidence; and the j u r y in all criminal cases, shall be the judges of t h e law and t h e facts. The power of the judges to g r a n t new trials in case of conviction is preserved.
[Editorial note: An amendment to this paragraph was added by an amendment ratified November X, 1966 and removed by an amendment ratified November 7, 1972.1
P a r a g r a p h 11. Treason. Treason against the S t a t e 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.
P a r a g r a p h 111. Conviction, E f f e c t o f . No conviction shall work corruption of blood, or forfeiture of estate.
P a r a g r a p h IV. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws.
P a r a g r a p h V. L o b b y i n g ; Penalties. Lobbying is declared to be a crime, and the General Assembly shall enforce this provision by suitable penalties.
P a r a g r a p h VI. F r a u d ; Concealment of Property. The General Assembly shall have the power to provide f o r the punishment of f r a u d ; and, shall provide by law, for reaching property of the debtor concealed from the creditor.
21

Art. 1, Sec. 3, Par. 1
SECTION111.
Paragraph I. Private Ways; J u s t Compensation; Relocation Assistance; L a n d Acquisition Policies, Practices and Expenses. 1. In case of necessity, private w a y s may be granted upon just compensation being f i r s t paid by t h e applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid, except that when private property is taken or damaged f o r public road and street purposes by t h e S t a t e and the counties and t h e municipalities of the State, just 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 indebtedness. The General Assembly may by law require the condemnor to make prepayment against adequate compensation a s a condition precedent t o the exercise of the right of eminent domain and provide for the disbursement of the same to the end t h a t the rights and equities of the property owner, lien holders, and t h e S t a t e and its subdivisions may be protected.
2. Notwithstanding any 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 o r the laws of this S t a t e : ( i ) t o 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 (Public Law 91-646, 91st Congress, approved J a n u a r y 2, 1971), required t o be made o r 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 acquisition 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 and reimburse, a s the case may be, in acquiring real property for a public project or program in 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 the acquisition of real property for public projects o r programs, the establishing of all of such policies and practices and the paying or reimbursing of all of such necess a r y expenses, a r e declared to be necessary, among other reasons, in order t o avoid the loss of large sums of money which will otherwise be made available to the foregoing public entities a s financial as-
22

Art. 1, Sec. 3, P a r . 1
sistance by the United States of America and shall constitute governmental functions undertaken f o r 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. A t t a i n d e r ; E x Post Facto and Retroaction L a w s , E t c . No bill of attainder, ex post facto law, retroactive law, or law impairing the obligation of contracts, or making irrevocable g r a n t of special privileges or immunities, shall be passed.
P a r a g r a p h 111. Revocatiotz of T a x E x e m p t i o n s . All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void.
Paragraph I. General L a w s ; Uwiform Operation; How Varied. Laws of a general n a t u r e shall have uniform operation throughout the State, and no special law shall be enacted in any case for which provision has been made by a n 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
P a r a g r a p h 11. W h a t A c t s V o i d . Legislative acts in violation of this Constitution, or the Constitution of the United States, a r e void, and the Judiciary shall so declare them.
P a r a g r a p h I. S t a t e R i g h t s . The people of this S t a t e have the inherent, eole 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. Enumeraion of R i g h t s N o t Denial of Others. The enumeration of rights herein contained a s 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.
SECTIOVNI.
P a r a g r a p h I. T i d e w a t e r T i t l e s C o n f i r m e d . 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.

Art. 2, Sec. 1, Par. 1
ARTICLE 11.
ELECTIVE FRANCHISE
SECTIONI.
Paragraph 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.
Paragraph 11. Who Shall Be An Elector Entitled to Register and Vote. Every citizen of this State who is a citizen of the United States, eighteen years old or upwards, not laboring under any of the disabilities named in this Article, and possessing the qualifications provided by it, shall be a n elector and entitled t o register and vote a t a n y 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 the rights of a n elector by reason of being stationed on duty in this State.
Paragraph 111. Residence Requirements to Register and 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 t o 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 note: Paragraph 111 was altered by amendments ratifled November 8. 1966 and November 7, 1972.1
Paragraph 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 11 of this Constitution, and who possesses t h e 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 the d a t e of the election occurring next after his registration, and who in addition thereto comes within either of t h e classes provided f o r in the two following subdivisions of this paragraph.
1. All persons who a r e of good character and understand the duties and obligations of citizenship under a republican form of government; or,
2. All persons who can correctly read in the English language any paragraph of the Constitution of t h e United States or of this State and correctly write the same in the English language when read to them by any of the registrars, and all persons who solely because of physical disability are unable to comply with the above requirements but who can understand and give a reasonable interpretation of any p a r a g r a p h of t h e Constitution of t h e United States or of this S t a t e t h a t may be read to them by a n y of the registrars.
Paragraph V. Appeal From Decision of Registrars. Any person to whom t h e right of registration is denied by the registrars upon t h e ground that he lacks the qualifications set forth in the two subdivisions of Paragraph IV shall have the right to take a n appeal, and a n y citizen may enter a n appeal from the decision of the registrars

Art. 2, Sec. 1, Par. 5
allowing any person t o register under said subdivisions. All appeals must be filed in writing with the registrars within ten days from the date of the decision complained of and shall be returned by the registrars to the office of t h e clerk of the superior court to be tried as other appeals.
Paragraph VI. J u d g m e n t of Force Pending Appeal. Pending a n appeal and until the final decision of the case, the judgment of the registrars shall remain in full force.
SECTION11.
Paragraph I. Registration of Electors; W h o Disfranchised. The General Assembly may provide, from time to time, for the registration of all electors, b u t the following classes of persons shall not be permitted t o register, vote or hold any office, or appointment of honor, or t r u s t in this State, to-wit: 1st. Those who shall have been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malfeasance in office, bribery or larceny, or of a n y crime involving moral turpitude, punishable by the laws of this S t a t e 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 for treason, felony, larceny, and breach of t h e peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same.
SECTIONIV.
Paragraph I. Holder of Public Funds., No person who is the holder of a n y public money, contrary to law, shall be eligible to a n y office in this State until the same is accounted for and paid into the Treasury.
Paragraph I. Sale of Liquors o n Election Days. The General Assembly shall by law forbid t h e sale of intoxicating drinks in this State or any political subdivision thereof on all days for the holding of any election in t h e a r e a in which such election is held and prescribe punishment f o r any violation of the same.
SECTIONVI.
Paragraph I. R e t u r n s Made to W h o m . Returns of election for all civil officers elected by the people, who a r e to be commissioned by t h e Governor, and also f o r members of the General Assembly, shall be made to the Secretary of State, unless otherwise provided by law.
SECTIONVII.
Paragraph I. Write-In Votes. No person elected on a write-in vote shall be eligible to hold office unless notice of his intention of

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 Dersons qualified to vote in the subject election, a s follows: In a s t a t e general election. to t h e Secretarv of S t a t e and by publication in a paDer of general circulation in the s t a t e ; in a general election of county officers, to t h e judge of the probate court of the county in which he is to be a candidate and by publication in the official organ of the same county; in municipal general election, to t h e mayor or similar officer thereof and by publication i n the official gazette of the municipality holding the election. The General Assembly mav enact other reasonable regulations and require compliance therewith as a condition of eligibility to hold office in this State.
[Editorial note: Section VII was added by an amendment ratified Nov. 8, 1966. Judge of the Probate Court was substituted for ordinary by an amendment ratified Nov. 5, 1974.1
ARTICLE 111. LEGISLATIVE DEPARTMENT
Paragraph I. Power Vested i n General Assembly. The legislative power of t h e S t a t e shall be vested in a General Assembly which shall consist of a Senate and House of Representatives.
Paragraph I. Apportionment of Senate. The Senate shall consist of not less t h a n fifty-four and not more than fifty-six members. Each Senator shall be elected from and represent one Senatorial District. The General Assembly may create, rearrange and change Senatorial Districts a s it deems proper, except t h a t each Senatorial District shall be composed of one o r more counties, or may be composed of a portion of one county, b u t 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. Number 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. Apportionment Changed, How. The above apportionment shall be changed by the General Assembly a t its first session after each census taken by the United States Government in accordance with the provisions of Paragraph I of Section I1 of this article.
26

Art. 3, Sec. 4, Par. 1
SECTIONIV.
Paragraph I. Term of Members. The members of the General Assembly shall be elected for two years, and shall serve until the time fixed by law f o r the convening of t h e General Assembly in t h e year following the second year of such member's term of office.
[Editorial note: This paragraph was changed by an amendment ratified on Nov. 6,
1962.1
Paragraph 11. Electiw~,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 the day of election i s changed by law.
Paragraph 111. Meeting; time limit; adjournment. The General Assembly shall meet in regular session on the second Monday in January, 1963, and every odd-numbered year thereafter, for no longer than twelve days to organize, to receive the proposed General Appropriations Rill, and to attend to other matters, and reconvene on the second Monday in February of each odd-numbered year f o r no longer than thirty-three days. The General Assembly shall meet in regular session on the second Monday in January, 1964, and in every even-numbered year thereafter. By concurrent resolution adopted by a majority of members elected to both Houses of t h e General Assembly, the General Assembly may adjourn any regular session to such later date a s it may fix for reconvening in regular session, but shall remain in regular session no longer than forty-five days in the aggregate in odd-numbered years, and no longer than forty days, in the aggregate in even-numbered years during the terms for which members were elected. All business pending in the Senate or House a t the adjournment of any regular session may be considered a t a n y regular session of t h e same General Assembly, a s if there had been no adjournment. Nothing herein shall be construed t o affect the power of the Governor to convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon t h e certificate of three-fifths of t h e members elected to t h e Senate and the House of Representatives a s provided in Article V, Section I, Paragraph XI1 of this Constitution. If a n y impeachment trial is pending a t t h e end of a n y regular or extraordinary session, the Senate may continue in session until such trial is completed.
[Ed~torlalnote: T h ~ sparagraph was changed by amendments ratifled 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 the presence of its absent members, as each House may provide.
Paragraph V. Oath of Members. Each Senator and Representative, before ttking his seat shall take the following oath, or affirmation, to-wit: I will support the Constitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will, in my judgment, be most conducive to t h e interests and prosperity of this State."

Art. 3, Sec. 4, Par. 6
Paragraph VI. Eligibility; Appointments Forbidden. No person holding a military commission, or other appointment, or office, having any emolument, or compensation annexed thereto, under this State, or the United States, or either of them except Justices of the Peace and officers of the militia, nor any defaulter for public money, or for any legal taxes required of him shall have a seat in either house; nor shall any Senator, or Representative, after his qualification as such, be elected by the General Assembly, o r 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 o r County, Effect of. The seat of a member of either house shall be vacated on his removal from the district or county from which he was elected.
Paragraph I. Qualifications of Senators. The Senators shall be citizens of t h e United States, who have attained the age of twentyfive years, and who shall have been citizens of this State for four years, and f o r 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 t h e executive power.
Paragraph 111. Impeachments. The Senate shall have the sole power to try impeachments.
Paragraph IV. Trial of Impeachments. When sitting for t h a t 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. Judgments i n Impeachments. Judgments, in cases of impeachment, shall not extend further than removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, within this State; but the party convicted shall nevertheless, be liable, and subject, to indictment, trial, judgment, and punishment, according to law.
SECTIONVI.
Paragraph I. Qualifications of Representatives. The Representatives shall be citizens of the United States who have attained the age

Art. 3,, Sec. 6, P a r . 1
of twenty-one years and who shall have been citizens of this State for two years, and for one year residents of the counties from which elected.
Paragraph 11. Speaker. The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives, and shall be elected viva voce from the body.
Paragraph 111. Power to Impeach. The House of Representatives shall have the sole power to vote impeachment charges against all persons who shall have been or may be in office.
SECTIONVII.
Paragraph I. Election, Returns, Etc.; Disorderly Conduct. Each House shall be the judge of t h e election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of two-thirds of the House to which he belongs.
Paragraph 11. Contempts, How Punished. Each House may punish by imprisonment, not extending beyond the session, any person, not a member, who shall be guilty of a contempt, by any disorderly behavior in its presence, or who shall rescue, or attempt to rescue, any person arrested by order of either House.
Paragraph 111. Pm'vilege of Members. The members of both Houses shall be free from arrest during their attendance on the General Assembly, and in going thereto, or returning therefrom, except for treason, felony, larceny, o r breach of the peace; and no member shall be liable to answer in a n y other place f o r anything spoken in debate in either House.
Paragraph IV. Journals and Acts. Edch House shall keep a journal of its proceedings, and publish i t immediately after its adjournment. The General Assembly shall provide for the publication of the laws passed by each session.
Paragraph V. Where Journals Kept. The original journal shall be preserved after publication, in the office of the Secretary of State, but there shall be no other record thereof.
Paragraph VI. Yeas and Nays, When Taken. The yeas and nays on any question shall, a t the desire of one-fifth of the members present, be entered on the Journal.
Paragraph VII. Bills to Be Read. Every bill, before it shall pass, shall be read three times, and on three separate days, in each House, unless in cases of actual invasion, or insurrection, but the first and second reading of each local bill, shall consist of the reading of the title only, unless said bill is ordered to be engrossed.
Paragraph VIII. One Subject Matter Expressed. No law shall pass which refers to more than one subject matter, or contains matter different from what is expressed in the title thereof.
29

Art. 3, Sec. 7, Par. 9
Paragraph IX. Geneva1 Appropriation Bill. The General Appropriation bill shall embrace nothing except appropriations fixed by previous laws, t h e ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, payment of the public debt and interest thereon, and f o r 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 F o r 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, a s in other bills.
P a r a g r a p h XI. Public Money, How Drawn. No money shall be drawn from the Treasury except by appropriation made by law.
P a r a g r a p h XII. Bills Appropriating Monew. 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 t h e President of the Senate and t h e 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 t h e consent of two-thirds of t h e House by which the same was rejected.
P a r a g r a p h XIV. Majority of Members to P a s s Bill. No bill shall become a law unless i t 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.
P a r a g r a p h 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 t h e newspaper in which the Sheriff's advertisements for the locality affected a r e published, once a week for three weeks during a period of sixty days immediately preceding i t s introduction into t h e Genera1 Assembly. No local or special bill shall become law unless there is attached t o and made a p a r t of said bill a copy of said notice certified by t h e publisher, o r accompanied by a n affidavit of the author, t o the effect t h a t said notice has been published as provided by law. No office to which a person has been elected shall be abolished, nor the term of the office shortened or lengthened by local or special bill during the term for which such person was elected unless the same be approved by the people of the jurisdiction affected in a referendum on the question. Where any local law shall add any member or members to any municipal or county governing authority, the members of which a r e elected by the people, such local law must provide t h a t t h e member or members so added must be elected by the qualified voters of t h e political subdivision affected under such rules a s t h e General Assembly may in said law provide.
P a r a g r a p h XVI. S t a t u t e s a d Sections of Code, How Amended. No law, or section of t h e code, shall be amended or repealed by mere reference to its title, or to the number of the section of the Code,
30

Art. 3. Sec. 7, Par. 16
but the amending, or repealing act, shall distinctly describe the law to be amended or repealed, a s well a s the alteration t o be made.
Paragraph XVII. Corporate Powers, How Granted. The General Assembly shall have no power to g r a n t corporate powers and privileges to private companies, to make or change election precincts, nor t o establish bridges or ferries, nor t o 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 S t a t e 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 S t a t e i n such manner a s shall be prescribed by law; and if in any event the Secretary of State should be disqualified to a c t in a n y case, then in t h a t event the legislature shall provide by general laws by what person such charter shall be granted.
Paragraph XVIII. Recoynizanccs. 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 t h e recognizance shall have been apprehended and placed in the custody of the proper officers.
P a r a g r a p h XIX. Yeas a n d Nays to B e Entered, When. Whenever the Constitution requires a vote of two-thirds of either or both houses f o r the passage of a n a c t or resolution, the yeas and nays on the passage thereof shall be entered on the Journal.
P a r a g r a p h XX. Powers of the General Assembly. The General Assembly shall have the power to make all laws consistent with this Constitution, and not repugnant t o the Constitution of the United States, which they shall deem necessary and proper f o r t h e welfare of the State.
Par-igraph XXI. Sigvuture of Governor. No provision in this Constituti In for a two-thirds vote of both houses of t h e General Assembly qlia!i he construed to waive the necessity f o r the signature of the 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 t h e General Assembly.
Paragraph XXII. Adjournme)zt. Neither House shall adjourn for more than three days, or to a n y other place, without the consent of the other, and in case of disagreement between the two Houses on a question of adjournment, t h e Governor may adjourn either, or both of them.
Paragraph XXIII. Zo?zing arzd P l a n n i ~ l gLaws. The General Assembly of t h e S t a t e shall have authority to g r a n t the governing a u thorities 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
31

Art. 3, Sec. 7, Par. 23
be set apart, and regulating the plans for development and improvements on real estate therein.
Paragraph XXIV. V e t e r a n s Preference. Any veteran who has served a s a member of t h e armed forces of the United States during t h e period of a w a r or armed conflict in which a n y 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 a s may be determined by appropriate action of the General Assembly.
Provided, however, notwithstanding a n y such action by t h e General Assembly, a n y veteran who h a s served a s a member of t h e armed forces of t h e United States d u r i n g t h e period of a n y w a r or t h e Korean Conflict and who was honorably discharged therefrom shall be entitled to and shall receive the following preference in taking a competitive examination for employment with the state government or any political subdivision thereof:
(a) Such veteran who has a t least a ten per centum service connected disability as rated and certified by the Veterans Administration shall be entitled t o 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
P a r a g r a p h XXV. S t r e e t Railways. The General Assembly shall not authorize t h e construction of any street passenger railway, within t h e limits of a n y 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) To provide f o r prompt and temporary succession to the powers and duties of persons holding office in t h e Executive, Judicial and Legislative branches of State and local government whether filled by election or appointment, t h e incumbents of which may become unavailable f o r carrying on the powers and duties of such offices during such emergency; and
(2) To adopt such other measures a s may be necessary and proper f o r insuring t h e continuity of governmental operations during such emergency, including but riot limited to t h e suspension of a n y or all constitutional legislative rule.
Any legislation heretofore adopted by the General Assembly which would have been invalid except f o r t h e provisions of this P a r a g r a p h is hereby ratified a s p a r t of the statute laws of the State of Georgia.
[Editorial note: Paragraph XXVI was added by an amendment ratified on Nov. 3, 1964.1

Art. 3, Sec. 8, Par. 1
SECTIONVIII.
Paragraph I. Officers of the Two Houses. The officers of the two houses, other than t h e 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. Compensation, Expense and Mileage. The per diem of members of the General Assembly shall be $10.00 per day 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 Pro Tem of the Senate, when serving as presiding officer thereof, and the Speaker of t h e House of Representatives, shall each receive $15.00 per day a s per diem plus the additional sum of $5.00 per day for 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 t h e Senate and House of Representatives unite for the purpose of election, they shall meet in the Representative Hall, and t h e President of the Senate shall, in such cases, preside and declare the results.
SECTIOXNI.
Paragraph I. Salaries of Elective Officials; How Changed. The General Assembly may, a t any time, by a majority vote of both branches prescribe other and different salaries for all of t h e elective officers provided for in this Constitution, but no such change shall diminish the amount of any salary set forth in the Constitution.
[Editorial note: This paragraph was altered to read as quoted by an amendment ratified Nov. 6, 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 Tariffs and Charges. The power and authority of regulating railroad Ireight and passenger tariffs and of charges of public utilities for their services, of preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs and of charges of public utilities, a r e hereby conferred upon the General Assembly, whose duty it shall be to pass laws from time to time, to regulate such tariffs and charges, to

Art. 4, Sec. 1, Par. 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 to regulate or fix charges of such public utilities a s a r e or may be owned or operated by a n y county or municipality of this State; except a s provided in this Constitution.
Paragraph 11. Rebates. No public utility company shall give, or pay, any rebate, or bonus in the nature thereof, directly or indirectly, or do any act to mislead or deceive the public 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 of Eminent Domain. The exercise of the right of eminent domain shall never be abridged, nor so construed a s to prevent the General Assembly from taking property and franchises, and subjecting them to public use.
Paragraph 11. Police Power. The exercise of the police power of the state shall never be abridged, nor so construed as to permit the conduct of business in such manner 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. The General Assembly shall not remit the forfeiture of t h e charter of a n y corporation now existing, nor alter o r amend the same, nor pass any other general or special law, for 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 a n y corporation in this State, or any special law for its benefit, accepted thereby, shall operate a s a novation of said charter and shall bring the same und, r the provision of this Constitution.
SECTIOINV.
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 shaIl enforce the provisions of this Article by appropriate legislation.
Paragraph 111. Public Service Commission as Constitutio~zalOfficers. There shall be a Public Service Commission for the regulation

Art. 4, Sec. 4, Par. 3
of utilities, vested with the jurisdiction, powers and duties now provided by law or that may hereafter be prescribed by the General Assembly, not inconsistent with other provisions of this Constitution. Such Commission shall consist of five members, who shall be elected by t h e people. A Chairman shall be selected by the members of t h e Commission from its membership. The f i r s t Commission under this amendment shall consist of the commissioners in 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 i s 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 the 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 her marriage, and all property given to, inherited or acquired by her, shall remain her separate property, and not be liable for the debts of her husband.
SECTION VI.
Paragraph I. Nonresident Insurance Companies. All life insurance companies now doing business in this State, or which may desire to establish agencies and do business in the 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 the S t a t e i n which they a r e chartered, or of this State, the Insurance Commissioner, or such other officer a s may be authorized to receive it, not less t h a n one hundred thousand dollars, in such securities as may be deemed by such officer equivalent to cash, subject to his order, a s a guarantee fund f o r the security of policy-holders.
Paragraph 11. License b y Comptroller General. When such showing is made to the Comptroller General of the State of Georgia by a proper certificate from t h e S t a t e officials having charge of the funds SO deposited, the Comptroller General of the State of Georgia is authorized to issue to the company making such showing, a license to do business in the State, upon paying the fees required by law.
Paragraph 111. Resident Insurance Companies; Guaranteed Fund. All life insurance companies chartered by the S t a t e of Georgia, or which may hereafter be chartered by the State, shall, before doing business, deposit with the Comptroller General of the 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 the policy-holders of the company making such deposit, all interest and dividends from such securities to be paid, when due, t o the company so depositing. Any such securities a s may be needed or desired by the company may be taken from said department a t a n y time by replacing them
35

Art. 4, Sec. 6, Par. 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, to secure the people against loss by the operations of said companies.
Paragraph V. Reports B y Insurance Companies. The General Assembly shall compel all insurance companies in this State, or doing business therein, under proper penalties, to make annual reports to the Comptroller General, and print the same a t their own expense, f o r the information and protection of t h e people.
ARTICLE V.
EXECUTIVE DEPARTMENT
SECTIONI.
Paragraph I. Governor; Term of Office; Salarg, Etc. The executive power shall be vested in a Governor, who shall hold his office during t h e term of four years, and until his successor shall be chosen and qualified. The Governor serving a t the time of the adoption of this Constitution and future Governors shall not be eligible to suceed themselves and shall not be eligible t o hold the office until after the expiration of four years from the conclusion of his term of office. H e 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 the 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 or 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, o r either of them, o r from any foreign power. The State officers, required by this Constitution to be elected a t the same time, for t h e same term, and in the same manner a s t h e Governor shall also hold office for four years.
Paragraph 11. Election for Governor. The f i r s t election f o r Governor, under this Constitution, shall be held on Tuesday after the f i r s t Monday in November of 1946, and the Governor-elect shall be installed in office a t t h e 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 t h e places of holding general elections in the several counties of this State, in t h e manner prescribed f o r the election of members of the General Assembly, and the electors shall be t h e same.
Paragraph 111. Transmission, Canvassing and Publishing Election Returns. The returns of each election district in a gubernatorial election shall be sealed up by the superintendent thereof separately from other returns and shall be transmitted to the Secretary of State.
36

Art. 5, Sec. 1, Par. 3
On t h e Tuesday next following the general election, unless t h e date therefor shall be changed by law, the Secretary of State shall transmit said returns to a Constitutional Officers Election Board which shall be composed of t h e Speaker and Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairman of all standing committees of the General Assembly. Such Board shall open and publish the returns, and the person having t h e 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 the returns.
[Editorial note: This paragraph was altered by an amendment ratified in 1966.1
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 as candidates therein the two persons who receive the highest number of votes, who continue in life and have not declined to continue as a gubernatorial candidate. This run-off election shall he 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 to the transmission of the returns in the general election, the opening of the 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, oven, canvass, tabulate and publish the returns of the run-off election. The person having the highest number of votes entitled to be counted in the run-off election shall be declared the duly elected Governor of this State.
[Edltonal note T h ~ sparag~aphwas altered by an amendment ratlfled In 1968.1
Paragraph V. General Assembly rnav Provide Additional Procedures. The General Assembly may provide by law for any additional procedures or requirements connected with any subject matter embraced within Paragraph 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 t h e age of thirty years.
Paragraph VII. Lieutenant Governor. Succession to Executive Power. There shall be a Lieutenant Governor, who shall be elected a t the same time, for the same term, and in the same manner a s the Governor. He shall be President of t h e Senate, and shall receive

Art. 5, Sec. 1, Par. 7
the sum of $2,000.00 per annum. In case of the death, resignation, o r disability of the Governor, the Lieutenant Governor, and in case of the death or resignation of t h e Governor-Elect, the Lieutenant Governor-Elect, who shall be deemed to be the Governor's successor, upon becoming the Lieutenant Governor, shall exercise the executive power and receive the compensation of the Governor until the next general election for members of the General Assembly, a t which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation, o r disability shall occur within thirty days of t h e 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 for the unexpired term of the Governor, he shall thereby resign his office a s Lieutenant Governor, effective upon the qualification of the Governor elected for the unexpired term, and his successor for the unexpired term shall be elected a t such election. I n case of t h e death, resignation, or disability of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise t h e executive power until t h e removal of the disability o r the election and qualification of a Governor a t a special election, which shall be held within sixty days from the date on which the Speaker of t h e 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 t h e qualification of a Lieutenant Governor the provisions of Article V, Section I, Paragraph VIII of the Constitution of Georgia of 1877 shall remain of full force and effect.
[Editorial nofe: Paragraph VII was amended in 1968.1
Paragraph VIII. Unexpired Terms, Filling o f . The General Assembly shall have power to provide by law, for filling unexpired terms by special elections, except as provided in this Constitution.
Paragraph IX. Oath of Office. The Governor shall, before he enters 2n the duties of his office, take the following oath or affirmation:
I do solemnly swear (or affirm, as the case may be) that I will faithfully execute t h e office of Governor of t h e S t a t e of Georgia, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof, and the Constitution of the United States of America."
Paragraph X. Commander-&-Chief. The Governor shall be commander-in-chief of the army arid navy of this State, and of the militia thereof.
Paragraph XI. Reprieves and Pardons; State Board of Pardons and Paroles. The Governor shall have power to suspend the execution of a sentence of death, after conviction, f o r offenses against the State, until the State Board of Pardons and Paroles, hereinafter provided, shall have a n opportunity of hearing the application of the convicted person f o r any relief within the power of such Board, or f o r any other purpose which may be deemed necessary by the Governor. Upon conviction for treason t h e 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-
38

Art. 5. Sec. 1. Par. 11
mute the sentence, direct its execution or grant a further reprieve. The Governor shall, a t each session of the 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 he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State. There shall be a State Board of Pardons and Paroles to be composed of not less than five or more than seven members, the number to be determined by the 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 the Board who are subsequently appointed to fill vacancies shall continue to serve on the Board for a period of seven years or 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 the 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 case 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 State 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 a s may be authorized by law. Each year the Board shall elect one of its members to serve as Chairman of the Board for the ensuing year. The General Assembly may enact laws in aid of, but not inconsistent with, this Paragraph.
IEdltor1.11note Paragraph XI wac altcred by an amendment r a t ~ f ~ eNdovember 7, 1972.1
Paragraph XII. Writs of Election; Called Sessions o f the General Assembly. The Governor shall issue writs of election to fill all vacancies t h a t may happen in t h e Senate and the House of Representatives, and shall give the General Assembly, from time to time, informa-

Art. 5, Sec. 1, Par. 12
tion of the State of the Commonwealth, and recommend to their consideration such measures as he may deem necessary or expedient. The Governor shall have power t o 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 to the object stated in his proclamation convening them; providing that such called sessions of the General Assembly shall not exceed 70 days in length, unless a t the expiration of said period there shall be pending a n impeachment trial of some officer of the State Government in which event the General Assembly will be authorized to remain in session until such trial shall have been compIeted.
Provided, however, t h a t when three-fifths of the members elected t o the House of Representatives and three-fifths of the members elected to the Senate shall have certified to the Governor of the State of Georgia that in their opinion an emergency exists in the affairs of the 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 or certificates, to convene said General Assembly in extraordinary session for all purposes; and in the event said Governor shall, within said time, Sundays excluded, fail or refuse to convene said General Assembly as aforesaid, then and in that event said General Assembly may convene itself in extraordinary session, a s if convened in regular session, for all purposes, provided that such extraordinary, self convened session shall be limited to a period of 30 days, unless a t the expiration of said period, there shall be pending a n impeachment trial of some officer of the State Government, in which event the General Assembly shall be authorized t o remain i n session until such trial shall have been completed.
The members of the General Assembly shall receive the same per diem and mileage during such extraordinary session a s is now or may be hereafter provided.
Paragraph XIII. Filling Vacancies. When any office shall become vacant, by death, resignation, or otherwise, the Governor shall have power to fill such vacancy, unless otherwise provided by law; and persons so appointed shall continue in office until a successor is commissioned, agreeably to the mode pointed out by this Constitution, or by law in pursuance thereof.
Paragraph XIV. Appointments Rejected. A person once rejected by the Senate, shall not be reappointed by the Governor to 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 the Governor within five days (Sundays excepted) a f t e r it has been presented to him, the same shall be a law; unless the General Assembly, by their adjournment, shall prevent its return, in which event the Governor shall have thirty days (Sundays excepted) from the date of adjournment in which to approve the same, and if not

Art. 5, Sec. 1, Par. 15
approved within t h a t time, the same shall become a law. H e may approve any appropriation, and veto any other appropriation, in the same bill, and the latter shall not be effectual unless passed by two-thirds of each House.
Whenever such bill has been vetoed by the Governor, i t shall be the duty of the Governor to transmit such bill to the presiding officer of the Branch of the General Assembly in which it originated, together with a list of reasons,.if any, for such veto. Such transmission shall be made within thirty-flve days (Sundays excepted) from t h e date of the adjournment of t h e Session of the General Assembly a t which such bill was passed. Such bill may be considered by the Branch of the General Assembly in which i t originated a t any time within the first ten days of the next regular Session of the General Assembly for the purpose of overriding the action of t h e Governor. I n t h e event the action of the Governor is overriden by two-thirds of the votes of such Branch of the General Assembly the same shall be immediately transmitted by the Secretary of o r the Clerk of such Branch of the General Assembly to the other Branch of t h e General Assembly. It shall be the duty of the presiding officer of such other Branch of t h e General Assembly upon receiving such Bill to dispense with alb business that is then being considered and to then and there consider and act upon such Bill for the purpose of overriding the action of t h e Governor. In 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 t h e 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 for 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, the 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 l a s t acting upon such bill.
Provided, however, that any bills that a r e vetoed by the Governor after the adjournment of the regular session of the General Assembly immediately preceding the general election ' i n which the Governor is elected, shall not be subject t o be overriden by the next regular session of the General Assembly.
[Editorial note: This paragraph was changed by amendments ratified on Nov. 4, 1952, and Nov. 6, 1962.1
Paragraph XVI. Governor to Approve Resolutions, Etc. Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except on a question of election or adjournment, shall be presented to the Governor, and before i t 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 the General Assembly t o amend this Constitution.
Paragraph XVII. Information From Officers and Employees; Suspension of Officers. The Governor may require information in writing from Constitutional officers, department heads, and all
41

Art. 5, Sec. 1, Par. 17
State employees, on any subject relating to the duties of their respective offices or employment. The General Assembly shall have authority to provide by law for the suspension of any Constitutional officer or department head from the discharge of the duties of his office, and also for the appointment of a suitable person to discharge the duties of the same.
OTHER EXECUTIVOEFFICERS
Paragraph I. Executive Officers, How Elected. The Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, and the Commissioner of Labor shall be elected by the persons qualified to vote for members of the General Assembly a t the same time, and in the same manner a s the Governor. The provisions of the Constitution a s to the transmission, tabulation and canvassing of the returns of the election, runoff elections, contested elections, and declaration of the results of the election, applicable to the election of Governor, shall apply to the election of the above-named executive officers; and they shall be commissioned by the Governor and hold their offices for the same time a s the Governor. In case of the death or withdrawal of a person having received a majority of the whole number of votes cast in a n election f o r any of the above-named offices, 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 term of office.
[Editorial note: This paragraph was amended in 1968. "Treastlrer" was removed by an amendment ratified November 7, 1972.1
Paragraph 11. Duties, Authority. and Salaries of Other Executive Officers. The General Assembly shall have power to prescribe the duties, authority, and salaries of the executive officers, and to provide help and expenses necessary for the operation of the department of each.
Paragraph 111. Profit From Use of Public Money. No State official shall be allowed, directly or indirectly, to receive any fee, interest, or reward from any person, bank, or corporation, for the deposit, or use, in any manner, of the public funds, and the 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 1V by an amendment ratlf~edNovember 7, 1972.1
42

Art. 5, Sec. 2, Par. 5
Paragraph V. Fees and Perquisites Denied. No State official named in Paragraph I of this Section shall be allowed any fee, perquisite or compensation other than their salaries a s prescribed by law, except their necessary expenses when absent from the seat of government on business f o r the State.
Paragraph I. Great Seal; What Constitutes; Custody; When A f fixed to Instruments. The great seal of t h e State shall be deposited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly, and that now in use shall be the great seal of the State until otherwise provided by law.
SECTIONIV.
BOARDOF NATURALRESOURCES
Paragraph I. Cleation; Membership; Appointment; Terms of Office; Powers and Duties; Compensation. There is hereby created a Board of Natural Resources. Said Board of Natural 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 first members of the Board of Natural Resources shall consist of those members of the State 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 the Senate; initially their appointments shall be for terms of one, three, five and seven years respectively, to be designated by the Governor. Thereafter, all succeeding appointments of members of t h e Board of Natural Resources shall be made by the Governor and confirmed by the Senate for a term of seven years from the expiration of the previous term, except in case of an unexpired term. Insofar a s it is practicable, the members of the Board shall be representative of all areas and functions encompassed within the Department of Natural Resources. All members of the Board of Natural Resources shall hold office until their successors a r e appointed and qualified. Vacancies in office shall be filled by appointment of the Governor and submitted to the Senate for confirmation a t the 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 members in charge of the State Penal System. The Board shall have

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.
SECTIONVI.
STATEDEPARTMENTOF VETERANSSERVICE
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 a s 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.
SECTIONSVII, VIII, AND IX.
[Editorial note: These sections create industrial development authorities for Bacon, Banks Barrow Berrien Candler and 97 other counties or cities. They cover some 400 *ages,'and are'omitted 'here. FO; citations to the Georgia Laws where the detailed provisions on these authorities can be found, see the Table of Amendments to the 1945 Constitution of Georgia published by the Instilute of Law and Government, University of Georgia, Athens, Georgia.]
SECTIONX.
DEPARTMENOTF COMMUNITYDEVELOPMENT
Paragraph I. There is hereby created the Department of Community Development in lieu of and a s successor 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 a s 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" a r e 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-
44

Art. 5, Sec. 10, Par. 3
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 a s shall be provided by law. Nothing herein shall affect the terms of office of members of the 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 a s 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 a s 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.)
Paragraph 11. In addition to such powers and duties a s may from time t o time be conferred upon the Board of Community Development and the Department of Community Development, the Board of Community Development shall be authorized to participate with a n y 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 any other provisions of this Constitution to the contrary.
[Editorial note: Paragraph I1 was added by an amendment ratified November 8, 1966 and altered by an amendment ratified November 7, 1972.1
SECTIONXI.
Paragraph I. State Transportion Board Created. There shall be a State Transportation Board, composed of a s many members a s there a r e Congressional Districts in the State. The member of the Board from each Congressional District shall he 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 for terms of five years each and until their successors a r e duly elected and qualified. Nothing herein shall affect the terms of office of members of the State Highway Board now in office, and such members shall serve out the remainder of their respective terms as members of the State Transportation Board, and until their successors a r e duly elected and qualified a s hereunder provided. The successors to such members, a s their respective terms expire, shall be elected by the General Assembly as provided herein and pursuant to the provisions of law enacted or a s 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 the 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
45

Art. 5, Sec. 11, Par. 1
t h a t his title shall be changed from Director of the State Highway Department to Coninlissioner of the Department of Transportation, and such Commissioner shall serve out the remainder of his term as Director of the 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 the Board and of the Commissioner, and shall by law prescribe the manner, time and procedure f o r the election of members of the Board, and the inanner of filling vacancies therein.
Paragraph 11. In order to fully comply with t h a t certain Act of the 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 the same so a s to provide for the "Control of Outdoor Advertising" on the Interstate or Primary Systeins of Federal-Aid Highways; provided for bonus payinents to the States coniplying with such public law, and also provided penalties for non-compliance; and which said described Public Law further aniended Chapter 1 of Title 23 of said United States Code by adding thereto a new Section to provide for the "Control of J u n k Yards", on such Interstate and Primary Systems of Federal-Aid Highways, and provided t h a t Federal funds available to the States for highway purposes shouId be reduced by 20 percent for failure to comply with such provisions; and which said Public Law fuither atnended and revised Section 319 of Title 23 of said United States Code so a s to provide for a "Landscaping and Scenic Enhancement", and which amendment and revision of said Section provided for a bonus of 3 percent of Federal funds, otherwise available to the State, a s a n incentive for compliance with said provision of said Public L a w ; and, in order to promote the reasonable, orderly, and effective display of Outdoor Advertising, in accordance with the provisions of said described Act of Congress of the United States, and consistent with the purposes of this provision of the Constitution, the State of Georgla, acting by and through the Department of Transportation, is hereby authorized to acquire, either by negotiation or through the exercise of the Power of Eminent Domain, upon the payment of just and adequate compensation, easements or other interests in private property, for the purpose of acquiring the title to and the right to remove, or require removal, of any billboards or other outdoor advertising which may exist upon such property a t the time of the ratification of this amendment, and within a distance of 650 feet of the nearest edge of the right-of-way line of any State-Aid highway, which is a p a r t of the Interstate or Primary System of Federal-Aid Highways,--provided, however, that, as to any such advertising sign, display, or device, lawfully in existence upon any of such described highways on September 1, 1965, the owner of such advertising sign, display, or device shall not be required to remove the same until July 1, 1970; and, a s to such described sign, the provision of this a m e n d n ~ e r ~sht all not become effective until said date of July 1, 1970, except that the State may acquire the right to remove the same by voluntary negotiation with the owner thereof.
The State, acting by and through the Department of Transportation, shall be further authorized to acquire, either by negotiation or through the exercise of the Power of Eminent Domain, upon payment
46

A r t . 5, Sec. 11, P a r . 2

of just and adequate compensation, easements or other interest in land within a distance of 1,000 feet of the nearest edge of the right-
of-way line of any State-Aid road, which is a p a r t of the Federal Interstate or Primary Systems of Highways, for the purpose of requiring the 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 conforn~to and comply with such described Public Law;-provided, however, t h a t any junk yard, which was in existence on the date of the approval of said described Public Law, on October 22, 1965, and which the Comn~issionerof the Departnlent of Transportation finds as a practical matter cannot be screened, and which finding is approved by the Secretary of Commerce, acting by and through the United States Bureau of Public Roads, in accordance with subparagraph ( h ) of Title I1 of said Public Laws, the owner of such described junk yard ehall 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 the Department of Transportation shall be authorized to acquire the right to remove said junk yard, or to screen the same in accordance with the requilements of said Public Law by voluntary negotiation; and with the further exception t h a t where the Secretary of Commerce, acting by and through the United States Bureau of Public Roads, refuses to approve the continued maintenance of such junk yard until July 1, 1970, the provisions of this Act shall become immediately applicable upon a proper certificate being made and entered by the Commissioner of the Department of Transportation, showing the f a c t of such refusal.
The necessity of such acquisition, a s set forth in the preceding paragraphs of this Section, a s a p a r t of t h a t portion of the 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 to the State in the construction and maintenance of such Road System by the United States Government.

The General Asse~nbly 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 any State-Aid Road, which is also a p a r t of the Federal Interstate System or Primary System, for commercial or industrial purposes; and in respect thereto, to also zone such property in respect to the location of advertising signs, displays, or devices; or in respect to the establishment, ren~oval,or control of junk yards; and to pro-
vide 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 partment

a s will enable this State, of Transportation, to fully

accatminpg??byw

and ith

through Title I11

the of

Desaid

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 the State froin the Federal Govern-

ment, a s provided for in said Title.

47

Art. 5, Sec. 11, P a r . 3
Paragraph 111. Wherever the words "State Highway Board" a r e 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 shal!' 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 E~turnerated.The judicial powers of this State shall be vested in a Supreme Court, a Court of Appeals, Superior Courts, Probate Courts, Justices of the Peace, Notaries Public who a r e ex officio Justices of the Peace, and such other Courts a s have been or may be established by law.
[Editiorial note: This paragraph was altered by an amendment ratified November 5, 1974. "Probate Courts" was inserted in lieu of "Courts of Ordinary."
[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 "Cumulat~veSupplement" to Book 1 of the Code of Georgia Annotated.]
Paragraph 11. U n i f i e d Judicial S y s t e m . For the purposes of administration, all of the courts of the State shall be a p a r t of one unified judicial system. The administration of the unified judicial system shall be a s provided by law. As used herein, administration does not include abolition or creation of courts, selection of judges, or jurisdictional provisions other than as otherwise authorized in this Constitution. The administration provided herein shall only be performed by the unified judicial system itself and shall not be administered to or controlled by any other department of Government.
[Editorial note: Paragraph I1 was added by an amendment ratified November 5, 1974.1
SECTION11.
Paragraph I. Supreyne 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 a s Chief Justice, and one a s Presiding Justice; the office of Chief Justice a s i t has heretofore existed under this Constitution being hereby converted into the office of an associate justice, with the same right of incumbency and the same succession as to terms, a s applied to the former office. The Chief Justice so elected by the other Justices shall be the chief presiding and administrative officer of the court, and t h e 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.
48

Art. 6, Sec. 2, Par. 2
Paragraph 11. Coztrt to Designate Judges to Preside, When. When one or more of the Justices of the Supreme Court a r e disqualified from deciding any case by interest or otherwise, the qualified Justices shall designate a judge or judges of the Superior Court to preside i n said case, provided, t h a t 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. T e r m s of O f f i c e . The Justices aforesaid shall hold their offices for six years, and until their successors are qualified. They shall be elected by the people a t the same time and in the same manner a s members of the General Assembly; provided, t h a t the successors to the two incumbents whose terms will expire on December 31, 1946, shall be elected for the succeeding terms a t the time of electing members of the General Assembly during t h a t year; successors to the two incumbents whose terms will expire on December 31, 1948, shall be elected i n like manner during t h a t year; successors to the two incumbents whose terms will expire on December 31, 1950, shall be elected in like manner during t h a t year and provided f u r t h e r t h a t 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 f o r the ensuing regular term of six years to be elected a t the 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 for six years. I n case of a n y vacancy which causes an unexpired term, the same shall be filled by executive appointment, and the person appointed by the Governor shall hold his office until the next regular election, and until his successor for 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 the Governor, and commission ehall issue accordingly.
Paragraph IV. dm~isdictiono f Sztpreme Cowrt. 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 a s have been or may hereafter be established in other cities, in all cases that involve the construction of the Constitution of the 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 the State of Georgia or of the United States is drawn in question; and, until otherwise provided by law, in all cases respecting title to land; in all equity cases; In all cases which involve the validity of, or the construction of wills; in all cases of conviction of a capital felony; in all habeas corpus cases; in all cases involving extraordinary remedies; in all divorce and alimony cases, and in all cases certified to i t by the Court of Appeals for its determination. I t shall also be competent f o r the Supreme Court to require by certiorari or otherwise any case to be certified to the Supreme Court from the Court of Appeals f o r review and determination with the same power and authority a s if the case had been carried by writ of error to the Supreme Court. Any
49

Art. 6, Sec. 2, P a r . 4
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 a s the Supreme Court may prescribe, and the cases so transferred shall be heard and determined by the court which has jurisdiction thereof. The General Assembly may provide for carrying cases or certain classes of cases to the Supreme Court and the Court of Appeals from the trial courts otherwise than by writ of error, and may prescribe conditions a s to the right of a party 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 it by the Court of Appeals because of a n equal division between the judges of that Court when sitting as a body f o r the determination of cases.
Paragraph V. Cases, H o w Disposed O f . The Supreme Court and the Court of Appeals shall dispose of every case a t the term for which it is entered on the court's docket for hearing, a s provided by Paragraph V I I I of this Article and Section, o r a t the next term. I f 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, it shall be stricken from the docket and the judgment below shall stand affirmed. No writ 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 it shall appear t h a t 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. Jzcdgwzents M a y 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. T h e S u p r e m e Co7irt; HOW Cases T o Be Heard and Determined. The Supreme Court shall have power to hear and determine cases when sitting in a body, under such regulations a s 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 as the General Assembly shal! 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 a r e qualified. The times and manner of electing Judges, and the mode of filling a vacancy which causes a n unexpired term, shall be the same as 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, a s 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
50

Art. 6, Sec. 2, P a r . 8
Court, and in such other cases a s may hereafter be prescribed by l a w ; except t h a t 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 a n 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 a?ong the Justices of the Supreme Court no such instruction is glven, 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 a s the Supreme Court shall by its rules prescribe, until otherwise provided by law. No affirmance of the judgment of the court below in cases pending in the Court of Appeals shall result from delay in disposing of questions o r cases certified from the Court of Appeals to the Supreme Court, or as to which such certificate has been required by the Supreme Court a s hereinbefore provided. All writs of error in t h e Supreme Court or the Court of Appeals, when received by its clerk during a term of the 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 term; 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 the court. The reporter of the Supreme Court shall be reporter of the Court of Appeals until otherwise provided by law. The laws relating to the Supreme Court a s t o qualifications and salaries of Judges, the designation of other Judges to preside when members of the Court are disqualified, the powers, duties, salaries, fees and terms of officers, the mode of carrying cases to the Court, the powers, practice, procedure, times of sitting and costs of the Court, t h e publicativn of reports of cases decided therein, and in all other respects, except as otherwise provided in this Constitution or by the laws a s t o 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 t o 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 any case when the Court is sitting a s a body, the case shall be immediately transferred to the Supreme Court.
Paragraph IX. The Supreme Court and Court of Appeals shall have jurisdiction to review by direct w r i t of error, and without the necessity of a motion for 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,

Art. 6, Sec. 2, Par. 9
it shall f u r t h e r 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 a s now provided by law for appeals, or a s may hereafter be provided by law, but in any case, the Juvenile Judge may by order grant extensions of time f o r the filing of such bill of exceptions so a s to afford opportunity for preparation of a brief or transcript of evidence, in cases where such is required.
[Editorial note: Paragraph IX was added by an amendment in 1956 and amended in
1968.1
Paragraph X. S t a t e Court of Claims; jurisdiction; appeals. The General Assembly is hereby authorized to create and establish a State Court of Claims with jurisdiction to t r y and dispose of cases involving claims for injury or damage, except the taking of private property f o r public purposes, against the State of Georgia, its agencies or political subdivisions, as the General Assembly may provide by law. Notwithstanding any other provision of this Constitution, the General Assembly may provide for exclusive jurisdiction over such cases in the State Court of Claims, provide for trial of such cases without a jury, and prescribe the place and manner in which such cases may be brought and tried. The Supreme Court and the Court of Appeals shall have original jurisdiction to t r y and correct errors of law from such State Court of Claims according t o the method of appeal to said courts now provided for or a s may hereafter be provided by law. Nothing contained herein shall constitute a waiver of the immunity of the State from suit, but such sovereign immunity is expressly reserved except to the extent of any waiver of immunity provided in this Constitution and such waiver or qualification of immunity a s is now or may hereafter be provided by a c t of the General Assembly.
[Editorial note: Paragraph X was added by an amendment ratified November 5, 1974.1
SUPERIORCOURTS
Paragraph I. Terms, Etc., of Superior Court Judges. There shall be a judge of t h e Superior Courts for each judicial circuit, whose term of office shall be for four years, and until his successor is qualified. He may act in other circuits when authorized by law. The legislature shall have authority to add one or more additional judges of the superior court for any judicial circuit in this State, and shall have authority to regulate the manner in which the judges of such circuits shall dispose of the business thereof, and shall fix the time a t which the term or terms of office of such additional judge or judges shall begin, and the manner of his appointment or election, and shall have authority from time to time to add to the number of such judges in any judicial circuit; o r to reduce the number of judges in any judicial circuit; provided that a t all times there shall be a t least one judge in every judicial circuit of this State.
Paragraph 11. Elections, W h e n to Be Held. The successors to the present and subsequent incumbents shall be elected by the electors
52

Art. 6, Sec. 3, P a r . 2
of the circuit wherein the superior court judge is to serve, who a r e entitled to vote for members of the General Assembly, a t the general election held for such members, next preceding the expiration of their respective terms.
[Editorial note: Paragraph 11 was altered by a n amendment ratified Nov. 8, 1966.1
Paragraph 111. T e r m s B e g i n , Whew. The terms of the judges to be elected under the Constitution, except to fill vacancies, shall begin on the first day of J a n u a r y a f t e r their elections. Every vacancy occasioned by death, resignation, or other causes shall be filled by appointments of the Governor until the first day of J a n u a r y after the general election held next a f t e r the expiration of thirty days from the time such vacancy occurs, a t which election a successor for the unexpired term shall be elected.
SECTIONI V .
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 a s provided by law; in cases respecting titles to land; and equity cases.
[Editorial note: Paragraph I was altered by an amendment ratified November 7, 1972.1
P a r a g r a p h 11. E q u i t y M a y B e hlerged in Common L a w Courts. The General Assembly may confer upon the Courts of Common Law all the 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 in all such cases a s may be provided by law.
Paragraph V. Certiovari, iVIandamus, Etc. They shall have power to correct errors in inferior judicatories by writ of certiorari, which shall only issue on the sanction of the Judge, and said Courts, and the judges thereof shall have power to issue writs of mandamus, prohibition, scire facias, and all other writs t h a t may be necessary for carrying their powers fully into effect, and shall have such other powers as 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. Jzidgment 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 a s 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 reason-
53

Art. 6, Sec. 4, Par. 8
able 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 and City Courts May Alternate, When. I n 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.
Paragraph I. P ~ o b a t eCourt; Judge of Probate Court; Appeals. The powers of a court of probate shall be vested in the Probate Court and the Judge of the Probate Court for each county, from whose decisions there may be a n appeal, or by consent of the parties, without a decision, to the Superior Court under regulations prescribed by law.
Paragraph 11. Powers. ( a ) The Probate Courts shall have such powers in relation to roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes and other county matters a s may be conferred on them by law.
(b) The Probate Courts shall have jurisdiction to issue warrants, t r y cases, and impose sentences thereon in all misdemeanor cases arising under the Act known a s 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 S t a t e 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 f o r offenses arising under the Georgia State Highway Patrol Act of 1937, and other traffic laws of the State within their respective jurisdictions.
Paragraph 111. Term of Office. The Judge of the Probate Court shall hold his office for a term of four years and until his successor is elected and qualified.
Paagraph IV. Constitution and Statutes. Wherever the words "Ordinary", or "Ordinaries" or the words "Court of Ordinary7' or "Courts of Ordinary" appear in this Constitution or i n any statutes of this State, and such words refer to the county officer heretofore known and designated as the Ordinary or the court heretofore known and designated a s the Court of Ordinary, such words a r e hereby stricken and the words "Judge of the Probate Court" or "Judges of the Probate Courts" or the words "Probate Court" or "Probate Courts," respectively,

Art. 6, Sec. 6, Par. 4
are hereby inserted in lieu of such stricken words. The changing of the name of the Ordinary and the Court of Ordinary to Judge of the Probate Court and Probate Court, respectively, shall not affect the status of any matter pending before any such officer or any such court a t the time this Paragraph becomes effective, and any such matter may be continued or disposed of by the Judge of the Probate Court or by the Probate Court, as the case may be.
[Editorial note: rhis section was altered by an amendment ratified November 5, 1974.1
SECTIONVII.
JUSTICEO FSTIIE PEACE
P a r a g r a p h I. Number and Term of office. There shall be i n 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 j u s t i c ~courts and the office of justice of the peace and of notary public ex-officio justice of the peace in any city of this State having a population of over twenty thousand, and establish in lieu thereof such court o r courts o r system of courts a s the General Assembly may, in its discretion, deem necessary, conferring upon such new court or courts or system of courts, when so established, the jurisdiction as to subject matter now exercised by justice courts and by justices of 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 as to new trials and the correction of errors in and by said courts, and with such further provision for the correction of errors by the Superior Court, or Court of Appeals, or the Supreme Court, a s the General Assembly may, from time to time, in its discretion, provide or authorize. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section I X of Article V I 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 the peace and notary public ex-officio justice of the 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 the General Assembly may, in its discretion, deem necessary; or conferring upon existing courts, by extension of their 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 as to amount or to subject-matter, as may be provided by law, whereof some other court has not exclusive jurisidiction under this Constitution; together also with such provisions as to rules and procedure in such courts and a s to new trials and the correction of errors in and by said courts, and with such further provision for the correction of e r r o r s by the Superior Court or the Court of Appeals or the Supreme Court as the General Assembly may, from time to time, in its discretion, provide or authorize. The civil court of Fulton
55

Art. 6, Sec. 7, Par. 1
County shall have jurisdiction in Fulton County and outside the city limits of Atlanta either concurrently with, or supplemental to, or in lieu of justice courts, a s may be now or hereafter provided by law. Any court so established shall not be subject to the rules of uniformity laid down in Paragraph I of Section I X 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 a n 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.
SECTIONV I I I .
Paragraph I. Appointment; Nuqnbe~;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 f o r malpractice in office.
SECTIONIX.
Paragraph I. Uniformity 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 a s regulated by law, and the force and effect of the process, judgment and decree, by such courts, severally, shall be uniform. This uniformity rnust be established by the General Assembly, and in case of City Courts, may be established by the General Assembly.
Paragraph I . Election; Term of Office. There shall be a n 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. I t shall be the duty of the Attorney General to act a s the legal advisor of the Executive Department, to represent
56

Art. 6, Sec. 10, P a r . 2
the State in the Supreme Court in all capital felonies; and in all civil and criminal cases in any court when required by the Governor and to perform such other services a s shall be required of him by law.
SECTIONXI.
P a r a g r a p h I. Number; term of office; vacancies. There shall be a district attorney for each judicial circuit, whose official term (except to fill a vacancy) shall be four years. The successors of present and subsequent incumbents shall be elected by the electors of the circuit wherein the district attorney is to serve, who are qualified to vote for members of the General Assembly, a t the general election held next preceding the expiration of their respective terms. Every vacancy occasioned by death, resignation, or other cause shall be filled by appointment of the Governor, until the f i r s t day of J a n u a r y after the general election held next after the expiration of 30 days from the time such vacancy occurs, a t which election a successor for the unexpired term shall be elected.
[Editorial note: Paragraph I was altered by amendments ratified in 1966 :and 1968.1
Paragraph 11. It shall be the duty of t h e district attorney t o represent the S t a t e in all cases in the superior court of his circuit and in all cases taken up from the superior courts of his circuit t o the Supreme Court, and Court of Appeals and to perform such other services a s shall be required of him by law.
[Editorial note: Paragraph 11 was altered by a n 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 I11 was altered by an amendment ratified in 1968.1
SECTIONX I I .
SALARIEOSF JUSTICESJ, UDGEASN D DISTRICTATTORNEYS
P a r a g r a p h I. Salaries of Justices, Judges a n d District Attorneys. The Justices of the Supreme Court each shall have out of the treasury of the State salaries of not less than $8,000 per annum; the Judges of the Court of Appeals each shall have out of the treasury of the State salaries of not less than $8,000 per annum; the Judges of the Superior Courts each shall have out of the treasury of the State salaries of not less than $6,000 per annum and the District Attorneys shall each have out of the treasury of the State a salary of not less than $250.00 per annum with the right of the General Assembly to authorize any county to supplement the salary of a judge of the Superior Court and District Attorney of the Judicial Circuit in which such county lies out of county funds: Provided, however, where such salary is, a t time of the adoption of this Constitution, being supplemented out of county funds under existing laws, such laws shall remain in force until altered by the General Assembly; Provided, further, t h a t the Board of County Commissioners of Richmond County, or the Ordinary, or such other board or person as may from time to
57

Art. 6. Sec. 12. Par. 1
time have charge of the fiscal affairs of said county, shall without further legislative action continue to supplement from said County's treasury not less than the salary of the Judge of Superior Court of the circuit of which the said County of Richmond is a part, by the sum of Two Thousand ($2,000) Dollars per annum, which shall be in addition to the amount received by said judge out of the State treasury; and such payments a r e 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 a s above provided.
[Editorial note: This paragraph was altered by an amendment ratified in 1968.1
Paragraph 11. Powev to Abolish or Reinstate Fees of District A t torney. The General Assembly shall have power, a t any time, by a majority vote of each branch, to abolish the fees a t present accruing to the office of district attorney in 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 it so desires, to abolish such salary and reestablish such fees; but in either event, when so changed, the change shall not become effective until the end of the term to which the district attorney was elected.
[Editorial note: This paragraph was altered by an amendment ratified in 1968.1
SECTIONX I I I .
QUALIFICATIONOFS JUSTICESJ,UDGESE, TC.
Paragraph I. A g e ; Citizenship; P ~ a c t i c cof L a w . 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 11 was added by an amendment ratified Nov. 6, 1956. The wording was changed to read as quoted by a n amendment ratified on Nov. 4, 1958.1
Paragraph 111. Discipline, R e ~ n o v a l , and I n v o l ~ c n t a ~Ryetirement. ( a ) Judicial Qualifications Commission. There shall be a Judicial
58

Art. 6, Sec. 13, Par. 3
Qualifications Commission. I t shall consist of seven members, a s follows: ( 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 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 State B a r f o r a four-year term; and (iii) two citizens, neither of whom shall be a member of the State Bar, who shall be appointed by the Governor for a four-year term. Of the initial membership of the Commission, one of the judges selected by the Supreme Court, two of the members elected by the Board of Governors, and one of the citizens appointed by the Governor, shall serve for terms of two years each, and all other members shall serve for terms of four years each. Thereafter, all members shall serve for terms of four years each and until their successors are elected or appointed and have qualified. Whenever a n p member ceases to hold the office or 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 any compensation for his services but shall be allowed his necessary expenses for travel, board and lodging incurred in the performance of his duties. No member of the Commission except the Judges shall hold any other public office or be eligible for appointment to a State judicial office so long a s he is a member of the Commission. No member shall hold office in any political party 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 o r judge of any 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 a s 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 Cornmission. I f , a f t e r hearing, or a f t e r 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, or 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, a s 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.

Art. 6, Sec. 13, Par. 3
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 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
S E C T I O NX I V .
Paragraph I . Divorce Case. Divorce cases shall be brought in the county where the defendant resides, if a resident of this state; if the defendant be not a resident of this state, then in the county in which the plaintiff resides, provided, that any person who has been a resident of a n y United States Army Post or military reservation within the State of Georgia for 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, i n 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, Eta. 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 Maker, 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 Othev 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.
Paragraph I. Powev to Change Venue. The power to change the venue in civil and criminal cases shall be vested in the Superior Courts to be exercised in such manner as has been, or shall be, provided by law.

Art. 6, Sec. 16, Par. 1
SECTIONXVI.
Paragraph I. Right of Trial B y Jury. The right of trial by jury, except where it 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 a s traverse jurors. Nevertheless, the grand jurors shall be competent to serve a s traverse jurors. The General Assembly shall have the power to require jury service of women also, under such regulations a s the General Assembly may prescribe.
Paragraph 111. Compe?~sationof J u ~ o r s .It 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.
SECTIONX V I I . COUNTYCOMMISSIONERS
Paragraph I. Power t o Create County Commissioners. The General Assembly shall have power to provide for the creation of county commissioners in such counties a s may require them, and to define their duties.
SECTIONXVIII. WHAT COURTSMAY BE 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. Suprenze C o u ~ tCost; Pauper Oath. The cost in the Supreme Court and Court of Appeals shall not exceed $15.00 until otherwise provided by law. Plaintiffs i n 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, o r restrain this right;

A r t . 7, Sec. 1, P a r . 1

and all laws. grants, contracts. and all other acts, whatsoever. by said government, or a n y department thereof, to affect a n v of these purposes, shall be, and are hereby declared to be null and void, for every purpose whatsoever; and said r i e h t of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant or contract, whatsoever, by the General
Assembly.

The power to t a x corporations and corporate property, shall not be surrendered o r suspended by any contract, or grant to which the State shall be a party.

The General Assembly is hereby authorized k, provide bv law f o r

the granting of funds to a county in which is located land belonrrinp:

t o the S t a t e consistinq 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 f o r determining the amount of funds and

all other matters relative to any such grant.

[Editorial note: The last paragraph Paragraph I was added fied Nov. 6, 1962.1

amendment rati-

P a r a g r a p h TI. Taxing Power Limited.
1. The General Assembly shall not by vote, resolution, or order, g r a n t a n y donation o r gratuity in favor of a n y person, corporation or association.

The General Assembly is authorized to provide by law for the

payment of two hundred and f i f t y thousand dollars ($2,50,000.00) to

the first person, firm or corporation, or combination thereo, which

puts down and b r i n ~ sin the f i r s t con~mercialoil well in this State.

Such well m u s t produce a t least 100 barrels of oil per day, and the

determination a s to whether such well is producing. this amount is

hereby vested in the Director of the S t a t e Department of Mines,

Mining and Geology. Said law shall provide f o r the distribution of

said amount a s the General Assembly may by statute provide between

the company or individual who drills or causes to be drilled said well.

the contractor who furnishes the equipment, among such workmen and

employees actually engaged in the job, and to t h e mineral and/or

property owner where the well is drilled. The General Assembly shall

wrovide

for

the

method

of

v
A

a

" v

m

e

n

t

bv

the

Governor.

[Editorial note: The provisions authorizing a bounty for the first commercial oil well

were added by an amendment ratified Nov. 6, 1956.1

Notwithstanding any other provision of this Constitution, whenever the State Board of Vocational Education may be entitled to receive Federal funds made available under the Vocational Rehabilitation Act, 29 United States Code, Chapter 4, or any amendment thereto, said Board shall be authorized to receive and administer such funds in accordance with the terms of the g r a n t , and where the g r a n t so provides, may disburse said funds to non-profit corporations or associations which a r e engaged solely in the vocational rehabilitation of disabled persons, provided, however, t h a t 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, P a r . 2
2. The General Assemblv shall not grant or authorize extra comuensation 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 urovide 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 S t a t e Treasurer.
[Editorial note: The laqt sentence above was added in 1968.1
3. The levy of taxes on property f o r a n y one year bv the General Assembly for all purposes, except to provide for repelling invasions, suppressinq insurrections, o r defending the S t a t e 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 t h e laws of t h e United States f o r the taxation of national banking associations o r corporations i s enacted by the General Assembly f o r t h e taxation of the shares of stock of banking corporations and other monied capital cominq into competition with such banking corporations, such property may be taxed a t a r a t e exceeding five ( 5 ) mills on each dollar of the value thereof.
[Editorial note: This sub-paragraph originally read as follows: "The levy of taxes on property for any one year by the General Assembly for all purposes, except to provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed five (5) mills on each dollar of the value of the property taxable in the State."]
4. No poll t a x shall be levied to exceed one dollar annually upon each poll.
5. There is hereby created a board to be known a s the S t a t e 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 t h e Medical Association of Georgia, and three members to be appointed by the Governor, who shall be qualified electors of the S t a t e of Georgia. The members of the board shall hold office f o r a term of four years beginning on t h e f i r s t day of April. 1953, and every four years therea f t e r the Governor shall appoint three members f o r a term of four gears, and shall appoint the President and the immediate past President of the Medical Association of Georgia pursuant t o their oosition and office in those respective c a p a c i t i e ~ .Vacancies shall be filled by appointment of the Governor f o r the unexpired term.
[Editorial note: This paragraph was altered by an amendment ratified in 1968.1
The members of the Board shall serve without pay but shall be allowed $20.00 per day expenses and traveling expenses of ten cents ( l o t ) 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 ratified 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 t h e proceedings of the Board and who shall also keep
63

Art. 7, Sec. 1 , Par. 2
the books, records and accounts of the Board, and whose con~pensation a s secretary of this Board shall be fixed by the Board. The secretary shall prepare and countersign all checks, vouchers and warrants drawn upon the funds of the Board, and the same shall be signed by the Chairman of the Board. The secretary shall also be the treasurer of the Board and shall keep a n account f o r all the funds of the Board, and shall execute and file with the Board a surety bond in the sum of $10,000.00, payable to the S t a t e of Georgia, and conditioned upon the faithful performance of his duties and t h a t he shall properly account for all funds coming into his hands as such secretary, the premium on such bond t o be paid out of the funds of the Board.
[Editorial note: This paragraph was altered by an amendment ratified in 1968.1
The board may employ clerical assistance as is required and needed.
The board shall elect a chairman and also a vice-chairman to serve i n the absence or inability of the chairman. The board shall maintain a n office a t t h e 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 i t s proceedings and actions.
I t shall be t h e duty of the board to receive and pass upon, allow or disallow all applications for loans or scholarships made by students who a r e bona fide citizens and residents of the S t a t e of Georgia and who desire to become doctors of medicine and who a r e acceptable f o r 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 S t a t e 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 f o r that purpose the board may propound such examination to each applicant which it deems proper, and the said board may prescribe such rules and regulations as it deems necessary and proper to carry out the purpose and intention of this bill. The investigation of the applicant shall include a n investigation of the ability of the applicant, or of the parents of such applicant, t o pay his own tuition a t such a medical school and the board in granting such loans and scholarships shall give preference to qualified applicants who, or whose parents, are unable to pay the applicant's tuition a t such a medical school.
The said board shall have authority to grant to each applicant deemed by the board to be qualified to receive the same, a loan or scholarship f o r the purpose of acquiring a medical education a s herein provided for, upon such terms and conditions to be imposed by the board a s provided for in this bill.
Applicants who a r e granted loans or scholarships by the Board shall receive a loan or scholarship not to exceed $10,000.00 to any one applicant to be paid a t such time and in such manner a s may be determined by the Board with which to defray the tuition and other expenses of a n y such applicant in a n y responsible, accepted and ac-

Art. 7, Sec. 1, Par. 2
credited four-year medical college or school in the United States. The loans and scholarship herein provided shall not exceed the sums herein stated, but they may be prorated in such manner a s to pay to the medical college or school to which any applicant is admitted and such funds a s a r e required by t h a t college or school, and the balance to be paid direct t o the applicant; all of which shall be under such terms and conditions a s may be provided under rules and regulations of the Board. The said loans or scholarships to be granted to each applicant shall be based upon the condition t h a t the full amount thereof shall be repaid to the S t a t e of Georgia in cash in full with 4% interest from the date of each payment by the S t a t e on such loan or scholarship, same to be payable annually, the f i r s t annual payment to be due on or before one year f ~ o mthe d a t e t h e applicant completes his internship, or same may be repaid to t h e S t a t e of Georgia in servies 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 f o r 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 a n y future such decennial census, o r a t Milledgeville State Hospital, Gracewood State School and Hospital, or a t any facility operated by or under t h e jurisdiction of the S t a t e Department of Public Health 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, 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 o r 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 f o r which he would otherwise have received credit for service, he shall be repaid whatever sum i s necessary to take into consideration the credit he would have received. After the third full year of practice o r 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.
[ E d ~ t o r ~naol te: This paragraph was altered b y an amendment ratified in 1968.1
Each applicant before being granted a loan or scholarship shall enter into a contract with the State of Georgia, agreeing t o the terms and conditions upon which t h e loan or scholarship shall be granted to him, which said contract shall include such terms and provisions a s will carry out the full purpose and intent of this Act, and the form thereof shall be prepared and approved by the Attorney-General of this State, and shall be signed by 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 a r e declared to be of full lawful age f o r the purpose of entering into the contract hereinabove provided for, and such contract so executed by an applicant is hereby declared to be
65

Art. 7, Sec. 1, Par. 2

a valid and binding contract the same as though the said applicant
were of the full a g e 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 f o r 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 it 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 a s may by the board with a n y such colleges shall be paid f o r out of funds t o 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 a n y of the colleges or schools a s herein provided.
All payments of funds f o r 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 w a r r a n t on the treasury of the S t a t e of Georgia f o r the amount fixed in the requisition and payable to the person designated thereon, which said w a r r a n t upon presentation shall be paid by the treasurer out of any funds appropriated by the legislature f o r 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 S t a t e 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 i t s activities, loans o r scholarships granted, names of persons t o 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 S t a t e a s a result of the said loans and/or scholarships, and where they a r e 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 t o bring about a n adequate supply of doctors of medicine in the more sparesIy populated a r e a s of
t h e S t a t e of Georgia by increasing t h e 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

66

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 the Department of Public Health, with the approval of the State Board of Health, i s hereby authorized t o extend scholarships to physicians and other personnel to take post graduate courses in the various schools and clinics in the United States so a s to enable them to be better qualified i n t h e diagnosis, care and treatment of mental illness. A s a prerequisite to the g r a n t of such scholarship, the 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 the S t a t e of Georgia, or a t some place approved by the authority granting the scholarship, on the basis of one year of service f o r each year of training received. The remedies f o r t h e enforcing of service required shall be t h e same a s provided for medical grants and scholarships and such other remedies a s may be provided by law.
[Editorial note: Subparagraph 5 relating t o the State Medical Education Board was added by an amendment ratified on November 4, 1952. This subparagraph was amended in 1960, 1962, 1964, and 1966.1
6. The Board of Regents of the University System of Georgia shall have the authority to grant to qualified students, who are citizens and bona fide residents of the S t a t e of Georgia and who would not otherwise have available the funds necessary to obtain 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 but shall include the condition t h a t recipients of such scholarships shall, upon the 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 to the Board of Regents of the University System of Georg i a a s it sees f i t in order to carry out the purposes of this provision.
I t 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 enlployees 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 such scholarships pro rata. The terms and conditions thereof shall be prescribed and regulated by the various departments and agencies g r a n t ing the scholarships. Provided further t h a t no additional appropriation shall be inade by the General Assembly to finance such scholar-

Art. 7, Sec. 1, Par. 2
ships, but the same shall be financed from the regular appropriations t o the various State departments and State agencies. I t shall be the duty of the various S t a t e departments and State agencies t o 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 the authority to g r a n t to citizens who are interested in becoming teachers and who are bona fide residents of the S t a t e of Georgia such scholarships a s a r e necessary f o r them to complete programs of study in preparation for teaching. The terms and conditions thereof shall be prescribed and regulated by the S t a t e Board of Education but shall include the condition t h a t recipients of such scholarships shall, upon the 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 in the 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 t o the S t a t e Board of Education a s i t deems wise and proper t o carry out the purposes of this provision.
I t shall be the duty of the S t a t e Board of Education to receive and pass upon, allow or disallow all applications for scholarships for teachers, to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate and control all funds appropriated for this purpose.
[Editorial note: Subparagraph 8 was added by an amendment ratified on Nov. 4, 1958.1
9. There shall be a State Dental Education Board of Georgia, which is authorized to grant loans or scholarships to students who a r e citizens and residents of the 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 the provision of funds t o c a r r y out the purposes provided f o r herein shall be a s enacted and appropriated by the General Assembly of the 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 in the para-medical, professional or educational fields. The General Assembly is hereby authorized to provide for the duties, powers, authority, jurisdiction and composition of any such commissicn and is 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

Art. 7, See. 1, Par. 2
a program to g r a n t scholarships or other assistance t o the children of law enforcement officers, firemen and prison guards, who are permanently disabled or killed in the line of duty, t o 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 S t a t e Scholarship Commission or the Higher Education Assistance Corporation, a s the General Assembly shall determine. The General Assembly is hereby further authorized to appropriate any funds it 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 f o r the purposes of implementing any Act which becomes law a s authorized by this provision.
[Editorial note: The last three paragraphs were added in 1964 and 1968.1
The General Assembly is hereby authorized to appropriate funds t o any S t a t e department or other S t a t e agency f o r the purpose of being used to obtain funds from the Federal Government for educational scholarships, educational loans and other educational purposes and all such State departments and other State aeencies 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 f o r the payment of interest on such loans, which loans shall be used f o r t h e purpose of acquiring a n education beyond the twelfth (12th) grade. The General Assembly is authorized to create an authority, a corporation or other entity f o r the purpose of administering a n y 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 s y s t e n ~ s .Such law shall provide a maximum rate of interest which may be charged f o r such loans and shall provide a portion of such interest which will be paid by the State. S t a t e funds may be expended f o r such purposes and the General Assembly is hereby authorized t o appropriate money therefor. The General Assembly is also authorized to provide that contributions for the purposes provided herein shall be deductible for State income tax purposes. The General Assembly is also authorized to provide for such tax exemptions a s shall be deemed advisable in connection with such program. The General Assembly is hereby authorized to provide for all other matters relative to the purposes provided for herein.
[Editorial note: The provisions relating to guaranteed student loans was added by an amendment of Nov. 3, 1964.1
The General Assembly is hereby authorized t o provide by law for the issuance of revenue bonds f o r the purpose of making direct loans
69

Art. 7, Sec. 1 , Par. 2
to students in order to allow such students to acquire an education beyond the 12th grade. The amount of such revenue bonds t h a t may be outstanding a t any one time, the interest rates, terms and conditions associated with the issuance of such bonds and all other m a t ters relating t o the issuance of such bonds shall be a s the General Assembly shall ~ r o v i d eby 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 a s 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 the State funds in such manner a s the General Assembly shall determine, a n y other provisions of this Constitution to the contrary notwithstanding.
[Editorial note: This paragraph was added in 1968.1
Notwithstanding a n y other provisions of this Constitution, t h e 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 o r property of another, in apprehending a criminal, or in assisting a peace officer in prevention of a crime o r apprehension of a criminal. Such law may provide f o r 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 S t a t e funds f o r t h e payment of such indemnification and f o r the purpose of implementing any law a s authorized by this paragraph.
[Editorial note: The last paragraph, which deals with indemnification, was added by an amendment ratified N o v . 8, 1966.1
Notwithstanding a n y other provisions of this Constitution, whenever the S t a t e 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, t h a t 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 N o v . 8, 1966.1
Notwithstanding a n y 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. All such expenditures shall be verified by vouchers showing the date, place, purpose and persons for whom such expenditures were made. The State Auditor

Art. 7, Sec. 1, P a r . 2
shall conduct a n audit of such expenditures a t least every six months. [Editorial note: This paragraph was added in 1968.1
The General Assembly is authorized to provide by law for grants or scholarships t o citizens of Georgia who a r e students attending colleges or universities in this State which a r e not branches of the University System of Georgia. The General Assembly shall provide the procedures under which such grants or scholarships shall be made and is authorized to provide appropriations for such purposes.
[Editorial note: This paragraph was added in 1970.1
Any other provisions of this Constitution t o the contrary notwithstanding, the General Assen~blyis hereby authorized to provide by law, from time to time, f o r t h e increase of retirement or pension benefits of retired persons who retired pursuant to any 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 the purpose of increasing the retirement or pension benefits of such retired persons.
[Editorial note: This paragraph was added in 1970.1
Notwithstanding any 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 the insuring of loans and payment of interest on loans to citizens of this State f o r educational purposes. The General Assembly is authorized to provide for all matters relative to such programs. Taxes may be levied and public funds expended for such purposes.
[This paragraph was added by an amendment ratified November 7, 1972.1
The General Assembly is hereby authorized to provide by law for tuition grants to qualified students, who a r e children of certain United States servicemen as hereinafter provided, to enable them t o 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 State a t the time of their entry into the Armed Forces and who are certified by the United States Department of Defense or t h e United States Veterans Administration a s missing in action f o r more than 90 days o r captured in line of duty by a hostile force or forcibly detained o r 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 f a c t missing in action, b u t 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 P a r a g r a p h shall not apply to children of any servicemen who were discharged under other than honorable conditions. The provisions of this Paragraph shall not apply to the children of a n y servicemen who a r e eligible f o r federal benefits under this 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
71

Art. 7, Sec. 1, Par. 2
institutions administered by the State Board of Education. The educational assistance to children of servicemen under the provisions of this Paragraph shall cover a period not in excess of 36 months (or the equivalent thereof in part-time training). The educational assistance t o children of servicemen under the provisions of this Paragraph shall begin on the eighteenth birthday of such children or the successful completion of secondary schooling, whichever occurs first, and end on their twenty-sixth birthday. The term "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 t o carry out the purposes of this Paragraph. 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 to the contrary notwithstanding, the General Assembly is hereby authorized to provide by law, from time t o time, f o r the increase of retirement o r other benef i t s of retired persons who have retired or who retire in the 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 an amendment ratified November 7, 1972.1
Any other provisions of this Constitution t o the contrary notwithstanding, i n all cities of this S t a t e having a population of more than 300,000, a s disclosed by the United States Decennial Census of 1970, o r any such f u t u r e census, the governing authority of a n y such municipal corporation is hereby authorized to provide, from time to time, f o r the increase of retirement o r pension benefits of persons who have retired from employment with any such municipal corporation and who retired pursuant to any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law t o which any such municipal corporation appropriates funds. The governing authority of a n y such municipal corporation is hereby authorized to appropriate funds for the purpose of increasing t h e retirement or pension benefits of such retired person.
[Editorial note: The last paragraph above was added by an amendment ratified November 5, 1974.1
Any other provisions of this Constitution t o the contrary notwithstanding, the General Assembly is hereby authorized to provide by law, from time t o time, f o r the increase of retirement o r pension benefits of retired public schoolteachers who retired pursuant t o a retirement or pension system of a county, municipality or local board of education. The General Assembly shall be authorized to expend State funds for such purposes in such manner and pursuant to such terms and conditions a s the General Assembly may provide by law.
[Editorial note: The last paragraph above was added by an amendment ratified November 5, 1974.1
72

Art. 7, Sec. 1, Par. 3
P a r a g r a p h 111. Uniformity; 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 the same class of subjects within t h e territorial limits of the authority levying the tax. Classes of subjects f o r taxation of property shall consist of tangible property and one or more classes of intangible personal property including money. The General Assembly shall have the power to classify property including money for taxation, and to adopt different rates and different methods f o r different classes of such property.
Notwithstanding anything to the contrary contained in this paragraph, the General Assembly shall be authorized to enact legislation treating any and all motor vehicles, including trailers, a s a separate class from other classes of tangible property f o r ad valorem property tax purposes, and to adopt different rates, methods or assessment dates f o r 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.
[Editorial note: The last sentence in Paragraph 111 was added by an amendment ratifled on Nov. 3, 1964.1
Paragraph IV. Exemptions From Taxation. The General Assembly may, by law, exempt from taxation all public property; places of religious worship or burial and all property owned by religious groups used only f o r residential purposes and from which no income is derived; all institutions of purely public charity; all intangible personal property owned by or irrevocably held in t r u s t f o r the exclusive benefit of religious, educational and charitable institutions, no p a r t of t h e n e t profit from t h e operation of which can inure to t h e benefit of a n y private person; all buildings erected f o r and used a s a college, incorporated academy or other seminary of learning, and also all funds or property held or used a s endowment by such colleges, incorporated academies or seminaries of learning, provided 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 a r e open t o 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 f o r colored people, shall be limited to colored people; the real and personal estate of a n y public library, and t h a t of any other literary association, used by or connected with such library; all books and philosophical apparatus and all paintings and s t a t u a r y of any company or association, kept in a public hall and not held a s merchandise or f o r purposes of sale or g a i n ; provided the property so exempted be not used f o r the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or t o other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, or f o r either one o r more of such purposes and f o r the purpose of maintaining and operating such institution; this exemption shall not apply to real estate or buildings other than those used f o r the operation of such institution and which is rented, leased or otherwise used f o r the primary purpose of securing a n income thereon; and also provided t h a t such donations of property shall not be predicated upon an agreement, contract or
73

Art. 7, Sec. 1, P a r . 4
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 n o 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 propertv used within the home, if not held f o r sale, rental or other commercial use. shall he exempt from all ad valorem taxation. The General Assembly is further authorized 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.
[Editorial note: This paragraph was amended in 1970.)
The homestead of each resident of Georgia actually occupied bv the owner a s a residence and homestead, and only so long a s actuallv occupied by the owner primarily a s such, but not to exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation f o r State, County and school purposes, except taxes levied bv municipalities for school purposes and except to pay interest on and retire bonded indebtedness, provided, however, should the owner of a dwelling house on a f a r m , who i s already entitled to homestead exemption, participate in the program of r u r a l housing and obtain a new house under contract with the local housing authority, he shall be entitled t o receive the same homestead exemption a s allowed before making such contract. The General Assembly may from time to time lower said exemption to not less than $1,250.00. The value of all prope r t y i n excess of the foregoing exemptions shall remain subject to taxation. Said exemptions shall be returned and claimed in such manner a s prescribed by the General Assembly. The exemption herein provided f o r shall not apply to taxes levied by municipalities.
All cooperative, non-profit, membership corporations orqanized under the laws of this S t a t e f o r the purpose of engaginq in r u r a l electrification, a s defined i n sub-section 1 of Section 3 of the Act approved March 30, 1937, providing for their incorporation, and all of the real and personal property owned or held by such corporations for such purpose, are hereby exempted from all taxation, state, county, municipal, school district and political or territorial subdivisions of the State having t h e authority to levy taxes. The exemption herein provided for shall expire December 31,1961.
There shall be exempt from all ad valorem intangible taxes in this State, the common voting stock of a subsidiary corporation not doing business in this State, if a t least ninety per cent of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or is held for the purpose of enabling the 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.

Art. 7, Sec. 1, P a r . 4
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 from Federal income t a x under Section 165( a ) of the Federal Internal Revenue Code. Existing laws exempting ~ u c hproperty from taxation a r e hereby ratified.
[Editorial note: This paragraph was added by an amendment of 1952.1
Each disabled veteran, a s hereinafter defined, who is a citizen and resident of Georgia, is 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 for State, county, municipal and school purposes. The value of all property in excess of the above exempted a r n w n t shall remain subject to taxation. The term "disabled veteran, a s used herein, means a disabled American veteran of any w a r or armed conflict i n which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled, a s a result of such service in the armed forces, due t o loss, or loss of use, of both lower extremities, such a s to preclude locomotion without the aid of braces, crutches, canes, or a wheel chair, or blindness in both eyes, having only light perception, plus loss or loss of use of one lower extremity, or due to the loss or loss of use of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion a s t o preclude locomotion without r e ~ o r tto a wheelchair.
[Editorial note: The paragraph on disahled 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 qranted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 on a homestead owned and occupied by him a s a residence if his n e t income, together with the net income of hip spouse who also occupies and resides a t such homestead, a s net income is defined by Georgia law, from all sources, except a s hereina f t e r provided, does not exceed $4,000.00 f o r the immediately preceding taxable year f o r income t a x purposes. F o r the purposes of this paragraph, net income shall not Include income received as retirement, survivor or d i ~ a b i l i t ybenefits under the Federal Social Security Act or under any other public or private retirement, disability or pension ~ y s t e m e, xcept such i n c o m ~which is in excess of the maximum amount authorized to be paid to a n individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included a s net income f o r the purposes of this paragraph. The value of the residence i n excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files 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 during the last taxable year for income t a x purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption.
7 5

Art. 7, Sec. 1, Par. 4
The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Such applications shall be nrocessed in the same manner as other applications for homestead exemption, and the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended. shall apply thereto. Provided, that after any such owner has filed the proner affidavit, a s provided above, and has been allowed the exemption provided herein, i t shall not be necessary t h a t he make annlication and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. I t shall he the duty of any such owner, however, to notify the tax commissioner or tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law f o r the proper administration of this exemption including penalties necessarv therefor. The increased exemption provided for herein shall apply to all taxable years beginning after December 31, 1974. The ratification of this amendment shall in no way alter, modify, strike or repeal any other amendment to Article VII, Section I, P a r a g r a p h IV of the Constitution which may be ratified a t the same time a s this amendment may be ratified.
[Editorial note: This paragraph was added in 1964 and altered by amendments ratified in 1968, 1972 and 1974.1
The General Assembly shall have the authority to provide for the exemption from any and all taxation any facilities which shall be installed or constructed f o r the primary purpose of eliminating or reducing air or water pollution. The General Assembly is further authorized to provide f o r 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 or organization to which t h e General Assembly shall be authorized to delegate any and all powers necessary and appropriate to carry out the purposes and responsibilities of this paragraph.
[Editorial note: This last paragraph, which deals with facilities to reduce air or water pollution, was added by an amendment ratified Nov. 8, 1966.1
The exemptions granted to t h e homestead within t h i ~P a r a g r a p h shall extend to and shall apply to those properties, the legal title to which i s vested in one or more title holders, if actually occupied by one or more such owners a s a residence. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend t o those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que u s e s 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 i s distributed to or for the benefit

A r t . 7. Sec. 1. P a r . 4
of any private person, and a r e subject to the laws of Georgia regulating nonprofit or charitable corporations.
[Editorial note: This paragraph was added b y an amendment ratified Nov. 7, 1972.1
Each disabled veteran, a s hereinafter defined, who is a citizen and resident of Georgia, is hereby granted a n 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 coilditions, and who served on active duty of the Armed Forces of the United States or on active duty in a reserve component of the U n i t ~ dState- including the National Guard, and who is receiving or who is entitled to receive a statutory award from the Veterans Administration for:
( I ) Lozs or permanent loss of use of one or both f e e t ;
( 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 t h a n 201200 if there is a field defect in which the peripheral field has contracted to such an extent t h a t the widest diameter of visual field subtends on angular distance no greater than twenty degrees in the better eye.
[Editor~alnote 1111s paragraph was added by an amendment ratlfled Nov. 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 a n income from all sources, including the income from all sources of all members of the family residing within eaid homestead, exceeding $6,000.00 per annum, may be exempt from all ad valorem taxation f o r educational 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 the homestead is filed with the governing authority of his city, or with a person designated by the governing authority of such city, giving his age, the amount of income which he received f o r 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 t o receiving the benefits of the exemption granted by this paragraph a s will enable the governing authority of such city, or the person designated by the governing authority of such city, to make a determination a s to whether such owner is entitled to said exemption. The governing authority of the city, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners 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 t h e owners actually residing on such property. Such exemptions shall also extend to those homesteads,
77

Art. 7, Sec. 1, Par. 4
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 Nov. 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 an income from all sources, including the income 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 purposes levied f o r and in behalf of such school system, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the 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 for in this paragraph. In such instances, such exemptions shall be granted t o 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 for herein shall apply to all taxable years beginning after December 31, 1972.
[Editorial note: This paragraph was added b y an amendment ratified Nov. 7, 1972.1
In order to encourage and enhance overall economic development, increase employment, promote agribusiness, and to provide incentives f o r the location of new and expanding manufacturing and processing facilities, harvested agricultural products which have a planting-toharvest cycle of 12 months or less, which a r e customarily cured and aged f o r a period in excess of one year a f t e r harvesting, and before manufacturing, and which are held in this State for manufacturing or processing purposes, shall be exempt from all ad valorem taxation.
[Editorial note: The last above paragraph was added by an amendment ratified November 5, 1974.1
P a r a g r a p h V. Exenzptiorts of C e r t a i n Industries Co?7ti11ued.Existing exemptions under the amendment to the Constitution providing for t h e exemption of certain industries from taxation appearing in Acts

A r t . 7, Sec. 1, F a r . 5
of the General Assembly of 1923, e x t r a 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. T a i a t i o t i , How utzcl For W h a t Purposes Esercised. The powers of taxation over the whole S t a t e shall be exercised by the General Assembly for the following purposes only:
1. For the support of the S t a t e Government and the public institutions.
2. For educational purposes.
3. To pay the principal and the interest on the public debt, and to provide a sinking fund therefor.
4. To suppress insurrection, to repel invasion, and defend the State in time of war.
5. To make provision f o r the payment of pensions to ex-Confederate soldiers and to the widows of Confederate soldiers who a r e unmarried.
6. To construct and maintain S t a t e buildings and a system of S t a t e highways, airports, and docks.
7. To make provision for the payment of old-age assistance t o aged persons in need, and f o r 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 i n 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. I n order to extend to the employees of the State, a n y department of the State, a n y S t a t e institution or political subdivisions of the State, and t o the dependents and survivors of such employees, t h e basic protection accorded others by the old age and survivors insurance program embodied under the Social Security Act. ( A c t of Congress approved August 14, 1935, 49 Stat. 620, officially cited as the "Social Security Act," as such Act has been and may from time to time be amended), and the Federal Insurance Contributions Act ( a s ~ e ftorth in sub-chapter A of Chapter 9 of the Federal Internal Revenue Code, a s such Code has been and may from time to time be amended), the General Aseembly is authorized to enact such legislation a s may be necessary to insure the coverage to employees of the State, any department of the State, any S t a t e institution or political subdivisions of the State, and the 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 any provisions of this Constitution
79

Art. 7, Sec. 2, Par. 1
notwithstanding the S t a t e f o r and on behalf of itself, its departments, institutions or political subdivisions is hereby authorized to enter into agreements with the Federal Security Administrator or other appropriate official of the United States Government under the provisions of said Social Security Act a s the same h a s been or 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 the 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 f u r t h e r powers and duties a s may be hereafter provided by law.
[Ed~torialnote Suhparngrapli 7-A. ahove was added hy an amendment of 19521
8. To advertise and promote the agricultural, industrial, historic, recreational and n a t u r a l resources of t h e S t a t e 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 for which the power of taxation by the State may be exercised and its public funds expended, provided, however, t h a t the 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 o r 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 a n y public corporation or Authority established by the General Assembly for the performance of the aforesaid function and purpose, or contracting, through appropriate departments or instrumentalities of S t a t e government, with any such public corporation or Authority established by the General Assembly f o r performance of the aforesaid function and purpose.
[Editorial note: Subparagraph 10 was added in 1966.1
10-A. For school lunch purposes.
[Editorial note: Subparagraph 10-A was added in 1968. There is n o 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 Nov. 7, 1972.1
P a r a g r a p h I-A. P r o m o t i o n of agricultural a n d o t h e r products ; f i n a n c i n g ; dispositioiz of funds. Any other provision of this Constitution to the contrary notwithstanding, the General Assembly may provide f o r the promotion of the production, marketing, sale, use and utilization, processing and improvement of a n y one or all of t h e agricultural products including, but not limited to, registered livestock and livestock products, poultry and poultry products, timber and timber products, fish and sea food, and the products of t h e f a r m s and forests of this State. The General Assembly may provide f o r the promotion of such products individually, collectively, or in

Art. 7, Sec. 2, P a r . 1-A
any combination thereof. The General Assembly may provide that such a program including provisions for quality andlor 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 Asrembly 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, a f t e r approval by a specified vote of the producers of the affected product in a referendum, and m a y authorize the acceptance of gifts and donations, and may provide f o r the disposition of any funds arising under a n y such program without the necessity of such funds being placed in the S t a t e Treasury o r 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 h g the application of the proeram upon the affected products.
[Editmial note: Par:ig~:~ph[-A w:~sadded in 1960 :tnd amended in 1968.1
Paragraph 11. Teacher Retirement System-Taxation For. The powers of taxation may be exercised by the S t a t e 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.
P a r a g r a p h 11-A. The General Assembly is hereby authorized to provide by law f o r the creation of a n actuarially sound, participating retirement system f o r all employees of public schools who a r e not covered by the Teachers' Retirement System including, but not limited to, zchool 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 Act thereto, for the expenditure of S t a t e funds and the funds of county and independent boards of education in support of said retirement system, in such manner a s the General Assembly shall determine.
[Editorial note: Paragraph I l - A was added in 1968.1
P a r a g r a p h 111. Revenue to C e Paid I n t o G e n e ~ a lF u n d . All money collected from taxes, fees and assessments for State purposes, a s authorized by revenue measures enacted by the General Assembly, shall be paid into the General F u n d of the S t a t e Treasury and shall be appropriated therefrom, a s required by this Constitution, for the purposes set out in this Section and for these purposes only.
Paragraph IV. T a x Retzwns oj Pziblic 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 o r a t a higher r a t e of t a x a tion than other properties.

Art. 7, Sec. 2, Par. 5
Paragraph V. T h e powers o f taxation m a y be exercised b y t h e State through the General Assembly, and the counties and municipalities, for the purpose o f paging pensions and other benefits and costs under a firemen's pension system or systems. T h e taxes so levied m a y be collected b y such firemen's pension system or systems and disbursed therefrom b y authority o f the General Assembly for the purposes herein authorized.
[Editorial note: Paragraph V was added by an amendment ratified on Nov. 2, 1954.1
Paragraph VI. Notwithstanding any other provisions o f this Constitution, the General Assembly is hereby authorized t o provide b y 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 m a y prescribe. T h e General Assembly is also authorized but not directed, to provide the purpose or purposes for which such funds m a y be expended b y the municipalities. The General Assembly is hereby authorized t o exercise the power o f taxation over the entire State i n order to carry out the provisions of this Paragraph.
[Editorial note: Paragraph VI was added by an amendment ratified on Nov. 8, 1960.1
Paragraph VI [ A ] . T h e General Assembly shall have the power to create an Industrial Development Commission to make loans, to be secured b y second mortgages, t o such industrial development agencies a s t h e Industrial Development C o m n ~ i s s i o nm a y select: Provided, that said agencies shall have raised sufficient capital and secured commitments for additional financing, which, i n addition t o t h e loan t o be extended b y said Commission, will adequately insure t h e completion o f said project. T h e powers o f taxation m a y be exercised through the General Assembly in order t o implement and carry out the purposes for which said Commission is to be created.
[Editorial note: Paragraph VI [A] was added by a n amendment ratified on Nov. 8, 1960.1
Paragraph I. Purposes f o r Which Debt m a y be I ~ t c u r r e d ;L i m i t a tiovs. A n y other provisions of this Constitution to the contrary notwithstanding, the State m a y incur public debt, as follows:
( a ) T h e State m a y incur public debt without limit to repeal invasion, suppress insurrection and defend thr State i n time o f war.
( b ) T h e State m a y incur public debt to supply such temporary deficit as m a y exist in the State Treasury in any fiscal year because o f necessary delay in collecting t h e t a x e s o f t h a t year b u t t h e debt so incurred shall not exceed, in the aggregate, five percent o f t h e total revenue receipts, less refunds, o f the State Treasury i n the fiscal year immediately preceding the year in which such debt is incurred, and a n y debt so incurred shall be repaid out o f t h e t a x e s levied for t h e fiscal year in which the loan is made. Such debt shall be payable on or before the last day o f the fiscal year i n which i t i s incurred and no such debt m a y be incurred in any fiscal year under the provisions o f this subparagraph ( b ) i f there is then outstanding unpaid debt

Art. 7, Sec. 3, Par. 1
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 or 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, P a r a g r a p h I ( a ) of this Constitution. Guaranteed revenue debt may be incurred by guaranteeing the 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 S t a t e f o r educational purposes. No debt may bc incurred under this subparagraph (c) a t any t ~ m ewhen 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 o r any 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, P a r a g r a p h I ( a ) of this Constitution a r e applicable, exceed fifteen percent of the total revenue receipts, less refunds of the S t a t e Treasury in the fiscal year immediately preceding the year in which any such debt is to he incurred; provided, however, no guaranteed revenue debt may be incurred to finance water o r sewage treatment facilities or systems when the highest aggregate annual debt service requirements for the then current year or any subzequent fiscal year of the S t a t e for outstanding or proposed guaranteed revenue debt f o r water or sewage treatment facilities or systems, exceed one percent of the total revenue receipts less refunds, of the 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, f u r t h e r , t h a t the aggregate amount of guaranteed revenue debt incurred to make loans to citizens of the State for educational purpozes t h a t may be outstanding a t any time shall not exceed $18 million dollars, and t,he azgregate amount of guaranteed revenue debt incurred to purchase, o r to lend or deposit against the security of, loans to citizens of the S t a t e for educational purposes t h a t may he outstanding a t any timc shall not exceed $72 million dollars. For the 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 any fiscal gear of the S t a t e ; provided, however, with regard to any issue of debt incurred wholly or in p a r t on a term basis, annual debt ~ e r v i c erequirements shall mean a n amount equal to the total principal and interest payments required to retire such issue in full divided by the number of gears f r o n ~its issue date to its maturity date.
General obligation debt may not be incurred until the General Assembly has enacted legislatioil stating the purposes, in general o r specific terms, for which such issue of debt is to be incurred, specifying the maximum principal amount of such issue and appropriating
83

Art. 7, Sec. 3, P a r . 1

--

.-

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 any 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 cont r a c t s entitled to the protection of the second p a r a g r a p h 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 a s arc 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 fund to be designated "State of Georgia General Obligation Debt Sinking Fund" such amounts a s are necessary to pay annual debt service requirements on all eeneral obligation debt incurred hereunder. The sinking f u n d shall be used solely f o r the retirement of general obligation debt payable thcrefrom. If the Genrral Assembly shall fail to make any such appropriation or if for 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 the general fund of the State, such amounts a s are necessary to cure any 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 to the obligation imposed upon the fiscal officers of the S t a t e p u r s u a n t 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 V I of Article V I I of this Constitution. The State Treasurer may be required to set aside and apply such revenues a s aforesaid a t the suit of any holder of any general obligation debt incurred hereunder. The monies in 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 or obligations unconditionally guaranteed a s to the payment of principal and interest by the United S t a t e s Government, m a t u r i n g no longer t h a n twelve months from date of purchase.
Guaranteed revenue debt may not be incurred until the General Assembly has enacted legislation authorizing the guarantee of the specific issue of revenue obligations then proposed, reciting t h a t the General Assembly has determined such obligations will be selfliquidating over the life of the issue (which determination shall be conclusive), specifying the maximum principal amount of such issue and appropriating an amount a t least equal to the highest annual debt service requirements for such issue, which appropriation shall be paid upon the issuance of said obligations into a special t r u s t fund to be designated "State of Georgia Guaranteed Revenue Debt Common Reserve Fund" to be held together with all other sums similarly appropriated as a common reserve for any payments which may be required by virtue of a n y guarantee entered into in connection with any issue of guaranteed revenue obligations. All such appropriations for the benefit of guaranteed revenue debt shall not lapse f o r

Art. 7, Sec. 3, Par. 1
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 any time prior to the payment of the same into said common reserve fund which shall be held and administered by the State Treasurer. If any payments a r e required to be made from said fund to meet debt service requirements on guaranteed revenue obligations by virtue of a n insufficiency of revenues, the S t a t e Treasurer shall pay from said common reserve fund the amount necessary to cure such deficiency. The State Treasurer shall then reimburse said fund from t h e general funds of the S t a t e within ten days following the commencement of a n y fiscal year of the S t a t e f o r any amounts so paid; provided, however, the obligation to make any such reimbursements shall be subordinate to the obligation imposed upon t h e fiscal officers of the S t a t e p u r s u a n t to 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, Article V I I of this Constitution and shall also be subordinate to the obligation hereinabove imposed upon the State Treasurer to make sinking fund deposits for the benefit of general obligation debt. The S t a t e Treasurer may be required to apply such funds a s aforesaid a t the suit of any holder of any 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 any fiscal year of the S t a t e said f u n d is in excess of the required amount, the S t a t e Treasurer shall t r a n s f e r such excess to 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 a s fully invested a s is practical, corisistent 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 the United S t a t e s 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 the p u r c h a ~ e r sthereof, then and from the date of such delivery, the State, and all S t a t e institutions, departments and agencies of the S t a t e 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 for bonds or other obligations issued by any such public agency, public corporation o r authority and, from and a f t e r the date of such delivery, in the event any contract between the State, or any State institution, department or agency of the S t a t e and any public agency, public corporation, authority or similar entity, or any revenues from any such contract, is pledged or assigned as security for the repayment of bonds or other obligations, then and in either such event, the appropriation o r expenditure of any funds of the S t a t e for the pay-
ment of obligations under any such contract shall likewise be prohibited; provided, however, all contracts entered into prior to the
d a t e of the f i r s t delivery of such general obligation debt shall continue to have the benefit of the protection afforded by 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, Article
85

Art. 7, Sec. 3, Par. 1
V I I of this Constitution a s fully and completely a s though this amendment had not been adopted and for 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 anv effect upon a n y provision of any such contract establishing lien rights, priorities regarding revenues or otherwise providing protection to the 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 fuqd or refund a n y obligations issued upon the security of contracts to which 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 ) , Section VI, Article V I I of this Constitution a r e applicable. The issuance of any such debt f o r the purposes of said funding or refunding shall be subject to the fifteen percent limitation in subparagraph (c) above to the same extent as debt incurred under said suboaragraph; 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 the event it i s determined by the Georgia State Financino; and Investment Commission t h a t i t i~ to the best interest of the S t a t e to fund or refund any such public debt or obligation, the same may be accomplished by resolution of the Georgia S t a t e Financing and Investment Comn~issionhereinafter created without any action on the p a r t of the 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 the benefit of the 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 oriqinally been authorized by action of the General Aesembly a s hereinabove set forth; provided, the debt incurred in connection with any such funding or refunding shall be the same as that originally authorized by the General Assembly (except that general obligation debt may be incurred to f u n d or refund obligations issued upon the security of contracts to which the provisions of the second p a r a g r a p h of P a r a graph 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 to the benefit of the obligation to be issued in connection with such funding or refunding with the same force and effect as thouyh said obligations so funded or refunded had originally been issued a s a general obligation debt authorized hereunder) and provided further, the term of the funding or refunding issue shall not extend beyond the t e r m of the original debt or obligation and the total interest on the 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 the principal amount being funded or refunded to the extent necessary to provide f o r the payment of any premium thereby incurred.
LEditorial note: Paragraph I was altered b y an amendment ratified Nov. 7, 1972.1
P a r a g r a p h 11. F a i t h and Credit o f S t a t e Pledger1 D e b t ma?/ be Validated. The full faith, credit and taxing power of the S t a t e a r e hereby pledged to the payment of all public debt incurred under t h i s Article and all such debt and the interest thereon shall be exempt
86

Art. 7, Sec. 3, Par. 2
from 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 Nov. 7, 1972.1
P a r a g r a p h 111. Georgia S t a t e Financing and I n v e s t m e ) t t Commiss i o ~ r ;Duties. There is hereby created the Georgia S t a t e Financing and Investment Commission. The Commission shall consist of the 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 the issuance of all public debt incurred hereunder and f o r the proper application of the proceeds of such debt to 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 the authorization of the General Assembly and to the extent not so used shall be used t o purchase and retire public debt. The Commission shall be responsible for the investment of all proceeds to be administered by it. The General Assembly m a y provide t h a t income earned on any such investments may be used t o 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 a r e secured by a contract to which 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, 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 a s shall be provided by law.
[Editorial note: Palagraph 111 was altered by an amendment ratified Nov. 7, 1972.1
Paragraph IV. State Aid Forbiddell. Except a s herein provided, the credit of the S t a t e shall not be pledged or loaned to any individual, company, corporation or association and the State shall not become a joint owner or stockholder in or with any individual, company, association or corporation.
[Editorial note: Paragraph IV was altered hy ;In amendment ratified Nov. 7, 1972.1
P a r a g r a p h IV-A. Cot~structioit.P a r a g r a p h s I, 11, 111 and IV a r e adopted for the purpose of providing a new and more effective method of financing the State's needs and their provisions and a n y law hereafter enacted by the General Assembly in furtherance thereof shall be liberally construed to effect such purpose. Insofar a s any such provisions o r any such law may be inconsistent with any other provisions of this Constitution or of any 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
87

Art. 7, Sec. 3, Par. 4-A
deemed to contain such implied limitations a s shall be required to accomplish the foregoing.
[ E d i t o r ~ anl ote: Paragraph IV-A was added by an amendment ratified Nov. 7, 1972.1
P a r a g r a p h V. A s s u m p t i o n o f Debts Forbidden. The State shall not assume the debt, nor any p a r t thereof, of any county, municipal corporation or political subdivision of the State, unless such debt be contracted to enable the State to repel invasion, suppress insurrection or defend itself in time of w a r : Provided, however, t h a t the amendment to the Constitution proposed by the General Assembly and set forth in the published Acts of the General Assembly of t h e year 1931 a t page 97, which amendment was ratified on November 8, 1932, and which amendment provided f o r the assumption by t h e State, of indebtedness of the several counties of the State, a s well a s t h a t of the Coastal Highway District, and the assessments made against the counties of said district for the construction and paving of the public roads or highways, including bridges, of the 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 o x Public Money. The receiving, directly or indirectly, by any 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 in his hands or moneys to be raised through his agency for the 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 N o t to Bc Paid. The General Assembly shall have no authority to appropriate money either directly or indirectly, to pay the whole, or a n y part, of the principal or interest of the bonds, or other obligations which haye been pronounced illegal, null and void by t h e General Assembly and the Constitutional amendments ratified by a vote of the people on the f i r s t day of May, 1877; nor shall the General Assembly have authority to pay a n y of the obligations created by the State under laws passed during t h e late W a r Between the States, nor a n y of the bonds, notes or obligations made and entered into during the existence of said war, the time f o r the payment of which was fixed a f t e r the ratification of a treaty of peace between the United States and the Confederate S t a t e s ; nor shall the General Assembly pass any law, or the Governor or any other State official, enter into any contract or agreement whereby the State shall be made a p a r t y to any suit in any court of this State, or of the United States instituted to test the validity of any such bonds, or obligations.
P a r a g r a p h VIII. S a l e of S t a t e ' s P r o p e r t y to P a y Eo?ided Debt. The proceeds of the sale of the Western and Atlantic Railroad, and a n y other property owned by the State, whenever the General Assembly may authorize the sale of the whole or a n y p a r t thereof, shall be applied to the payment of the bonded debt of the State, and shall not be used f o r any other purpose whatsoever, so long a s the State h a s a n y existing bonded debt; provided t h a t the proceeds of the sale of the Western and Atlantic Railroad shall be applied to the payment
88

Art. 7, Sec. 3, P a r . 8
of the bonds f o r which said railroad h a s been mortgaged, in preference to all other bonds.
Paragraph IX. State Sinking Fuxd. The General Assembly shall raise by taxation each year, in addition to the sum required to pay the public expenEes, such amounts as a r e necessary to pay the interest on the public debt and the principal of the public debt maturing i n such year and to provide a sinking fund to pay off and retire the bonds of the 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 the amount then held in the sinking fund. The taxes levied for such purposes and the said sinking fund, shall be applied to no other purpose whatever. The funds in the said sinking 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 a r e not available f o r 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 N o v . 7, 1972.1
SECTIONIV.
P a r a g r a p h I. Power of C o u n t y Goverjzment. The General Assembly may authorize any county to exercise the power of taxation f o r any public purpose a s authorized by general l a w or by this Constitution, and unless otherwise provided by this Constitution or by law, no levy need state the particular purposes for which the same was made nor shall a n y taxes collected be allocated f o r any particular purpose, unless expressly so provided by the General Assembly or this Constitution.
P a r a g r a p h 11. Purposes of T a x a t i o u . In addition to such other powers and authority a s may be conferred upon any county by this Constitution or by the General Assembly, counties a r e hereby authorized to exercise the power of taxation f o r the following purposes which a r e hereby declared to be public purposes, and expend funds raised by the exercise of said powers f o r said purposes and such other public purposes a s may be authorized by the General Assembly:
1. P a y 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 f o r hire, and other properties f o r public use; and to acquire any real property or any interest therein in connection with the foregoing.
3. Provide f o r the operation of 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
89

Art. 7, Sec. 4, Par. 2
and provide f o r 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 a s may be provided by law.
9. Provide fire protection f o r forest lands and conserve natural resources.
10. Provide insurance, retirement and pension benefits, coverage under Federal Old Aqe and Survivors' Insurance proprams, hospitalization benefits, and workmens' compensation benefits for its officers and employees, their dependents and survivors, and for public school teachers and personnel, their dependents and survivors: Provided that all such payments for public school teachers and personnel, their dependents and survivors, shall be paid from education funds.
11. Establish and maintain a recreation system.
12. To provide f o r paying the principal and interest of 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 V I I I of this Constitution, upon the assessed value of all taxable property within the county, exclusive of a n y independent school system therein.
P a r a g r a p h 111. E s t a b l i s h m e n t o f T a r i n g Districts. Except under the authoritv of a general or local law, a county governinp authority may not district a county to provide water, seweraqc, arba age, electricity, gas, or fire protection services. Such services shall be authorized only by an act of the General Assembly establishing, or authorizing the establishn~entof, 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 the purpose of constructing and maintaining facilities therefor, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting in an election for that purpose held as provided by law.
P a r a g r a p h IV. E m i l r e ~ l tD o m a i v . Any county i s hereby authorized to exercise the power of eminent domain f o r any public purpose.
P a r a g r a p h V. Nothing herein shall be construed to repeal or modify the provisions of Article VIII, Section XII, P a r a g r a p h I of the Constitution of Georgia of 1945, a s amended.
90

Art. 7, Sec. 4, P a r . 6
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 1V was altered by an amendment ratified Nov. 8, 1966.1
Paragraph I. T a x i n g Power a v d Contributions of Counties, Cities and Political Division Restricted. The General Assembly shall not authorize any 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.
SECTIONVI.
Paragraph I. Contracts F o r Use of Public Facilities. ( a ) The State, state institutions, any city, town, municipality or county of this State may contract for any period not exceeding fifty years, with each other or with any public agency, public corporation or authority now or hereafter created for the use by such subdivisions or the residents thereof of any facilities or services of the State, state institutions, any city, town, municipality, county, public agency, public corporation or authority, provided such contracts shall deal with such activities and transactions a s such subdivisions a r e by law authorized to undertake.
Notwithstanding any other provision of a n y other section of any other article of this Constitution, the General Assembly shall include in each General Appropriations Act in the appropriation payable to each department, agency, or institution of the State, 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 requirrd to be made in each year under lease contracts now or hereafter entered into pursuant to this Paragraph I ( a ) by and between ~ u c hdepartment, agency, or institution of the State and any State authority which has been created and activated a t the time of the effective d a t e of this amendment which said lease contracts constitute security for bonds or any other obligations heretofore or hereafter iszued by any such authority. In the event f o r any reason any such appropriation is not made, then the fiscal officers of the S t a t e a r e hereby authorized and directed to set up on their appropriation accounts in each fiscal year as an appropriation t h e respective amounts required by each such department, agency, or institution of the State to pay the obligations called for under a n y such lease contract. The amount of the appropriation in each fiscal year to meet such lease contract obligations as authorized hereunder shall be due and payable to each such department, agency, or institution of the State in each fiscal year to be expended f o r the purpose of paying the lease contract obligation required under the terms
9 1

Art. 7, Sec. 6, P a r . 1
and conditions of such lease contracts and said appropriation shall have the same legal status a s if the General Assembly had included the amount of the appropriation in a General Appropriations Act.
[Editorial note: The last paragraph above was added by an amendment ratified on November 8. 1960.1
(b) Any city, town, municipality or county of this St,ate is emaowered, in connection with any contracts authorized, by the vreceding paragraph, to convey to any public agency, public corporation or authority now o r 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 eauipment so conveyed shall not be mortgaged or pledged to secure oblisations of any such vublic agency. public corporation or authority and provided such facilities a r e to be maintained and operated by such public agency, public corporation or authority for the same purposes for which such facilities were operated by such city, town, municipality or county. Nothinq in this section shall restrict the pledging of revenues of such facilities by a n y public agency, public corporation or authority.
(c) Any city, town, municipality or county of this State, or any combination of the same, may contract with a n y public agency, public corporation or authority for the care, maintenance and hospitalization of its indigent sick, and may a s a p a r t of such contract obligate itself to p a y f o r t h e cost of acquisition, construction, modernization or repairs of necessary buildings and facilities by such public agency, public corporation or authority, and provide for the payment of ~ u c hservices and the cost t o such public agency, public corporations or authority of acquisition, construction, modernization or repair of buildings and facilities from revenues realized by such city, town, municipality or county from any taxes authorized by the Constitution of this S t a t e or revenues derived from a n y other sources.
(d) .Special School; C r e a t i o n ; T a x e s and Bonds. The board of education of a n y county, a r e a school district or independent school system, or any combination thereof, may establish, pursuant to local law enacted by the General Assembly, one or more area schools, including special schools such a s vocational trade ~chools,schools f o r exceptional children. and schools for adult education, in one or more of such political subdivisions; provided, however, t h a t 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 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 f o r the establishment and operation of such schools in such amount and manner a s shall be provided in such local law. Schools established 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
92

Art. 7, Sec. 6, P a r . 1
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, P a r a g r a p h I of the Constitution shall not be affected by this amendment; any political subdivision which established such a school is hereby authorized to levy taxes f o r the support of such school regardless of whether it 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 S t a t e 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 X, 1960. It was changed by an amendment ratified on Nov. 8, 1966.1
[Editorial note: This amendment was proposed by Acts 1960. T h e provision was officially designated a s "Paragraph 111" of Art. VII, Section V1, though there does not appear to be any Paragraph 11 of this Section. Ratified in 1960.1
P a r a g r a p h 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 a n y motor vehicle by such county, whether a s a result of a governmental undertaking or not, and to pay premiums therefor. The governing authority is hereby authorized to levy a t a x f o r such purpose. In the event of purchasing such insurance, the governmental immunity of t h e county shall be waived t o the extent of the amount of insurance so purchased. Neither the county nor the insurer shall be entitled to plead governmental immunity a s a defense and may make only such defense a s 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 t h e county t o suggest the existence of a n y insurance which covers in whole or i n p a r t , any judgment or award which may be rendered in favor of the plaintiff. If the verdict rendered by the jury exceeds the limitation of the insurance, the court shall reduce the amount to a sum equal to the applicable limitations stated in the policy.
[Editorial note: Paragraph 111 was added by an amendment ratified on Nov. 8 . 1960.1
S E C T I O NV I I .
LIMITATIOONN COUNTYAND MUNICIPALDEBTS
Paragraph I. Debts of Counties avd Cities. The debt hereafter incurred by any county, municipal corporation or political subdivision of this State except a s in this Constitution provided for, shall never exceed ten per centum of the assessed value of all the taxable property therein, and no such county, municipality 01- 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

Art. 7, Sec. 7, Par. 1
the assessed value of the taxable property therein, without the assent of a majority of t h e qualified voters of the county, municipality or other political subdivision voting in a n election for t h a t purpose to be held a s prescribed by l a w ; and provided f u r t h e r t h a t all laws, charter provisions and ordinances heretofore passed or enacted providing special registration of the voters of counties, municipal corporations and other political subdivisions of this State to pass upon the issuance, of bonds by such counties, municipal corporations and other political subdivisions of this S t a t e 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 the validity of any and all bond issues by such counties, municipal corporations or other political subdivisions made prior to J a n u a r y 1, 1945, shall not be affected hereby; provided, t h a t any county or municipality of this State may accept and use funds granted by the Federal Government, or any agency thereof, to aid in financing the cost of architectural, engineering, economic investigations, studies, surveys, designs, plans, working drawings, specifications, procedures, and other action preliminary to the construction of public works, and where the funds so used f o r the purposes specified a r e to be repaid within a period of ten years.
Every county is hereby empowered to create debt, by way of borrowing from private individuals, firms, corporations, or partnerships as well a s from the State, f o r the purpose of paying the whole or p a r t of the cost of property valuation and equalization proyrams f o r ad valorem tax purposes; to contract for the repayment thereof and to issue notes or other like instruments a s evidence of the obligation to repay the debt so contracted without being subject to any limit a s to amount of such debt so created and without the necessitv of approval thereof by the qualified voters of t h a t county; provided nevertheless that the debt shall be payable in one or more equal installments, one of which shall fall due a t least each year, but which may fall due each month, the last of which shall mature not more t h a n seven years from the date of creation and shall not bear interest in excess of five (5(,4) per cent per annum on unpaid principal; and a t a x shall be levied on the taxable property of the county a s may be needed to repay such debt so created; provided, however, t h a t no county shall be empowered to create debt under the provisions of this paragraph f o r 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 a n agreement with the S t a t e Revenue Commissioner that such program shall be carried out in accordance with such Rules and Regulations pertaining to such programs a s may be promulgated by the Commissioner.
All existing local constitutional amendments adopted prior to the ratification of this amendment relating to maximum bond debt limitation shall continue to be of full force and effect and shall not be affected by the ratification of this amendment.
[Editorial note: This paragraph was altered in 1962. and rewritten by an amendment ratlf~edNovember 5, 1974.1
P a r a g r a p h 11. Levy of T a x e s to P u y Bonds. Any county, municipal corporation or political division of this State which shall incur any
94

Art. 7, Sec. 7, P a r . 2
bonded indebtedness under the provisions of this Constitution, shall a t or before the time of so doing, provide f o r the a s s e s ~ m e n tand collection of a n annual t a x sufficient i n amount to pay the principal and interest of said debt, within t h i r t y years from the date of the incurring of said indebtedness.
P a r a g r a p h 111. Additio)ral Debt Authorized, W k e ~ z . I n addition to the debt authorized in P a r a g r a p h I of this section, to be created by any county, municipal corporation o r political subdivision of t h i s 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 a d d i t ~ o n a ldebt, 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 a s d u e ; such t a x 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 f o r the payment of the principal and interest of such additional indebtedness; authority to create such additional indebtedness shall first have been authorized by the Gene r a l Assembly; the creation of such additional indebtedness shall have been f i r s t 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 f o r the creation of a debt by counties, municipal corporations, and political subdivisions of this State, all of which provisions, including those f o r calling, advertising, holding and determining the result of, such election and the votes necessary to authorize the creation of an indebtedness, a r e hereby made applicable to an election held f o r the purpose of authorizing such additional indebtedness.
P a r a g r a p h I\'. T e ~ n p o r a rl,~oa~lsA z ~ t h o r i z e d ;Co?zditions. I n addition to the obligations hereinbefore allowed, each county, municipality, political subdivision of the S t a t e authorized to levy taxes, and county board of education, is given 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: The aggregate amount of all such loans of such county, municipality, political subdivision or 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 o r county Board of Education in the last preceding year. Such loans shall be payable on or before December 31st of the calendar year in which such loan is made. No loan may be made in a n y year under the 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
95

Art. 7, Sec. 7, Par. 4
shall be f i r s t authorized by resolution fixing the terms of such loan adopted by a majority vote of the governing body of such county, city, political subdivision or county Board of Education, a t a meeting legally held, and such resolution shall appear upon the minutes of such meeting. No such county, municipality, subdivision or county Board of Education shall incur in a n y one calendar year, a n aggregate of such temporary loans and other contracts or obligations for current expenses in excess of the total anticipated revenue of such county, municipality, subdivision, or county Board of Education f o r such calendar year, or issue in one calendar year notes, warrants or other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such year.
[Editorial note: This subparagraph was changed by an amendment of 1950. It originally read as follows: "In addition to the obligations hereinbefore allowed, each county, municipality and political subdivision of the State 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: The aggregate amount of all such loans of such county, municipality or political subdivision outstanding at any one time, shall not exceed seventy-five per centum of the total gross income of such county, municipality o r political subdivision. from taxes collected by sucli county, municipality or political subdivision in the last preceding year. Each such loan shall be payable on or before December 31st of the calendar year in which such loan is made. N o loan may be made in any year under the 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 first authorized by resolution fixing the terms of such loan, adopted by a majority vote of the governing body of such county, city o r political subdivision, at a meeting legally held, and such resolution shall appear upon the minutes of such meeting. No such county, municipality or subdivision shall incur in any one calendar year, an aggregate of such temporary loans and other contracts o r obligations for current expenses in excess of the total anticipated revenue of such county, municipality or subdivision for such calendar year, or issue in one calendar year notes, warrants o r other evidences of such indebtedness in a total amount in excess of such anticipated revenue for such year."]
P a r a g r a p h V. Revenue A n t i c i p a t i o ) ~Obligations. Revenue anticipation obligations may be issued by a n y county, municipal corporation or political subdivision of this State, to provide funds for t h e purchase or construction, i n whole or in p a r t , of any revenue-producing facility which such county, municipal corporation or political subdivision is authorized by the Act of the 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 gas or electric generating and distribution systems, together with all necessary appurtenances 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 a n y other of this Constitution. This authority shall apply only t o revenue anticipation obligations issued to provide funds for the purchase, construction, extension, repair or improvement of such facilities and undertakings as are specifically authorized and enumerated by said Act of 1937, a s amended by said Act of 1939; and 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

Art. 7, Sec. 7, Par. 5
a majority of those voting a t a n election held f o r the purpose in the county, municipal corporation or political subdivision affected, and provided f u r t h e r t h a t 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 a s is used in issuing bonds of such county, municipal corporation or political subdivision and the said elections shall be called and provided f o r by officers in charge of the fiscal a f f a i r s of said county, municipal corporation or political subdivision affected; and no such issuing political subdivision of the S t a t e shall exercise the power of taxation f o r the purpose of paying the principal o r interest of any such revenue anticipation obligations or any part thereof.
Provided t h a t after a favorable election has been held a s 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 o r political subdivision is located, then its services rendered and property located outside said county shall be subject to taxation and regulation a s a r e privately owned and operated utilities.
The General Assembly is authorized to create an instrumentality and department of the S t a t e of Georgia to be knqwn a s 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) a s amended by Houre Bill number 1053 of the General Assembly of 1958 (Ga. L. 1958, p. 82) is hereby ratified and confirmed, so t h a t the said Acts shall have the same force and affect a s if they had been enacted subsequent to the ratification of this amendment to the Constitution; provided, however, that nothing herein shall prevent the General Assembly from amending said Acts, so a s t,o add and enlarge powers of the Authority.
[Editorial note: The sentence dealing with the Rrunswick Ports Authority was added by a n amendment ratified o n November X. 1960.1
CITY O F COVINGTON PARKING AUTHORITY':'
A. Crcatio?i. There is hereby created a body corporate and politic to be known a s the City of Covington P a r k i n g Authority which shall be deemed to be an instrumentality of the S t a t e of Georgia and a public corporation thereof and by t h a t name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity.
B. Purpose. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining and operating parking lots, parking garages, parking decks and other parking structures and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the uEe of or to lease or sell any o r all of such facilities, including real property, and to do any and all things deemed by the Authority
*[Editorial note: The amendment creating the City of Covington Parking Authority was added as a general amendment ratified November 5, 1974.1

Art. 7, Sec. 7, Par. 5
necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof.
C. M e m b e ~ s h i p .The Authority shall consist of five members. One of such members, who shall serve a s Chairman of said Authority, shall be either the Mayor of the City of Covington, Georgia, o r a member of the Council of the City of Covington. Such Chairman shall serve for a one year term f r o m J a n u a r y 1 through December 31 of each year and shall be elected by a majority vote of the Mayor and Council of the City of Covington a t its f i r s t meeting in December of each calendar year beginning in December, 1974. The remaining four members of the authority shall be resident freeholders and registered qualified voters of the City of Covington and shall be selected by the Mayor and Council of the City of Covington. No member of the Council shall be eligible for appointment to membership in the AUthority, except a s Chairman of the Authority, for and during the term f o r which he o r she was elected as a member of the Council. The terms of the f i r s t members of said Authority shall be a s follows:
Two members shall serve from January 1, 1975 to December 31, 1976, inclusive; and two members shall serve from J a n u a r y 1, 1975 to Deceniber 31, 1977 inclusive.
Thereafter all members selected and appointed shall serve for a term of f o u r ( 4 ) years and until their successors shall have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself. All appointments shall be for a term commencing on J a n u a r y 1 and ending on December 31 of the year of the expiration of the appointment. The members of the Authority shall enter upon their duties immediately upon taking office after such appointment. The Authority shall elect one of its members a s Vice Chairman who shall be elected f o r a term of one year commenci n g on J a n u a r y 1, 1975 and ending on December 31, 1976 o r until his successor is selected and qualified and annually thereafter the Authority shall elect one of its members in the same manner for a one (1) pear term. The Authority shall also elect a Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary and Treasurer shall be elected to serve a t the pleasure of the Authority. No member of the Authority shall hold more t h a n one office except t h a t of Secretary and Treasurer. Three members of the Authority shall constitute a quorum. A majority of the quorum i s empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner t h a t such member originally became a member of the Authority. The members of the Authority shall serve without compensation except t h a t they shall be reimbursed f o r actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. I t shall have perpetual existence. I n the event the number of the members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject
9 8

Art. 7, Sec. 7, P a r . 5
of change, the Fame may be accomplished by an Act of the General Assembly, except that the General Assembly may not alter the term of office of any duly appointed member then serving.
D. Definitions. As used herein the following words and terms shall have the following meanings:
( 1 ) The word 'Authority' shall mean the City of Covington P a r k i n g Authority herein created.
( 2 ) The word 'Projects' o r 'Project' sha!l be deemed to mean and include the acquisition, construction, equlpplng, maintenance, and operation of parking lots, parking garages, parkinq decks, p a r k i n g structures or similar undertakings and a n y and all other facilities useful or desirable in connection with such undertakings and extensions and improvements of such fac~lities,and the acquisition of the necessary property therefor, both real and personal, all in order to alleviate t r a f f i c congestion in the City of Covington and thereby bett e r protect the lives and property of its residents and others using its streets which will accomplish the essential public purpose for which said Authority is created hereunder.
(3) The term 'cost of the project' shall embrace the cost of construction, the cost of lands, properties, rights, easements and f r a n chises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of preparing the land, including the installation of storm and s a n i t a r y sewers and all utilities therefor, the cost of all machinery, equipment and furnishings related to t h e operation of any project or projects, financing charges, interest prior to and during construction and for six months a f t e r completion of construct~on,cost of engineering, architectural, fiscal and legal expenses and other expenses necessary and incident to determining the feasibility or practicability of the project, administrative expenres, and such other expenses a s may be necessary or incident to the financing herein authorized and the cost of placing any project in operation. Any expenses incurred f o r any of t h e foregoing purposes ehall be regarded a s p a r t of the 'cost of the project or projects' and may be paid or reimbursed out of funds of the Authority, including the proceeds of any revenue bonds issued under provisions of this Act for such project o r projects.
( 4 ) The terms 'revenue bonds' and 'bonds' shall mean any bonds of the Authority which a r e hereunder authorized to be issued, including refunding bonds, a s though such revenue bonds had originally bern authorized to he issued under the provisions of the Revenue Bond Law (Ga. Laws 19.57, p. 36 et seq., a s amended) amending the law formerly known a s the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et seq., a s amended) and in addition shall also mean any ohligations of the Authority, the issuance of which a r e hereinafter specifically provided for.
( 5 ) Any project or combination of projects shall be deemed 'selfliquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including, but not limited to, any revenues derived from the City of Covington under any contracts with the Authority, will be sufficient to pay the cost of operating, repalring and maintaining the project and to pay t h e
99

Art. 7 . Sec. 7. P a r . 5
principal and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project, projects, or combination of projects.
E. Powers. The Authority shall have the powers:
(1) To have a seal and alter the same a t pleasure;
(2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;
( 3 ) .To acquire in its own name by purchase, on such terms and conditions and in such manner as i t may deem proper, or by condemnation in accordance with the provisions of a n y and all laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long a s its corporate existence shall continue and to lease or make contracts with respect to the use of o r dispose of the same in a n y manner i t deems to the best advantage of the Authority, t h e Authority being under no obligation to accept and pay for any property condemned under the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings a s may be just to the Authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless a t the time such property is so acquired a sufficient sum of money be deposited in t r u s t to pay and redeem the f a i r value of such lien or encumbrance; and if the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the S t a t e of Georgia, the Governor i s hereby authorized to convey f o r and in behalf of the S t a t e title to such lands to the Authority upon payment to the State Treasurer f o r the credit of the general fund of the S t a t e of the reasonable value of such lands in accordance with the applicable laws of the S t a t e of Georgia;
( 4 ) To appoint, select and employ, officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;
(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which i t causes to be erected or acquired, and to contract with the City of Covington and with the State of Georgia and any departments, institutions, agencies, counties, municipalities or political subdivisions of the S t a t e of Georgia, public corporations and with others upon such terms and f o r such purposes a s may be deemed advisable f o r a term not exceeding f i f t y years; and the City of Covington is hereby authorized to enter into contracts and related agreements for the use of any structure, building or facility or a combination of two or more structures, buildings or facilities of the Authority for a term not exceeding f i f t y years; and said City be and the same is hereby specifically authorized to levy taxes, without
100

Art. 7, Sec. 7, Par. 5
limitation a s t o r a t e or amount, and to expend t a x monies of the City and a n y other available funds of the City and to obligate said City to make payment thereof to the Authority upon such terms a s may be provided in any contract entered into by and between the Authority and the City of Covington, in order to enable the Authority to pay the principal of and interest on any of i t s bonds a s same mature and to create and maintain a reserve for that purpose and also to enable the Authority to pay the cost of maintaining, repairing and operating the property so furnished by said Authority;
(6) To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, a s hereinabove defined, the cost of a n y such project to be paid, in whole o r in part, from the proceeds of revenue bonds of the Authority or from such proceeds and any g r a n t or contribution from the United States of America or any agency or instrumentality thereof or from the S t a t e of Georgia or a n y agency or ir~strumentalitythereof;
( 7 ) To accept loans and/or g r a n t s of money or materials or property of any kind from t h e United States of America or a n y agency or instrumentality thereof, upon such terms and conditions a s the United States of America or such agency or instrumentality may requlre;
( 8 ) To accept loans a n d / o r g r a n t s of money or materials or prope r t y of any kind from the S t a t e of Georgia or a n y agency or instrumentality or political subdivision thereof, upon such terms and conditions a s the State of Georgia or such agency or instrumentality or political subdivision may require;
( 9 ) To borrow money for any of i t s corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged f o r t h a t purpose, and to provide f o r the payment of the same and f o r the rights of the holders thereof;
(10) To exercise any power usually possessed by private corporations performing similar functions, which is not in conflict with the Constitution and laws of this S t a t e ; and
(11) To do all things necessary or convenient to c a r r y out the powers expressly given hereunder.
F . Revenue Bonds. The Authority, or a n y authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution f o r the issuance of negotiable revenue bonds f o r the purpose of paying all or any p a r t of the cost a s herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest a t such r a t e or rates per annum, payable a t such time or times, shall mature a t such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment a s to both principal and interest a s may be determined by the Authority, and may be made redeemable before maturity, a t the option of the Authority, a t such

Art. 7, See. 7, Par. 5
price or prices and under such terms and conditions a s may be fixed by the Authority in the resolution providing f o r the issuance of the bonds.
G . S a m e ; F o r m ; Denominations; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall f i x the denomination or denominations of the bonds and the place or places of payment of the principal thereof and the interest thereon, which may be a t any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, a s the Authority may determine, and provision may be made f o r the registration of any coupon bond as to principal alone and also a s to both principal and interest.
H . S a m e ; S i y , ~ u t u r e ;S e a l . In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient f o r all purposes the same a s if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary and Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. Any coupon may bear the facsimile signatures of such persons and a n y bond may be signed, sealed and attested on behalf of the Authority by such persons a s a t t h e actual time of t h e execution of such bonds shall be duly authorized or hold the proper office, although a t the date of such bonds such persons may not have been so authorized or shall not have held such office.
I. S a m e ; Negotiability. All revenue bonds issued under the provisions of this Act shall have and a r e hereby declared to be negotiable under the laws of t h e State.
J . S a m e ; S a l e ; Proceeds of Bonds. The Authority may sell such bonds in such manner and f o r such price a s it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.
K . S a m e ; l t ~ t e r i i nRecetpts and Certificates or T e m p o r a r y Bonds. Prior to t h e preparation of definitive bonds, the Authority may, under l ~ k erestrictions, issue interim receipts, interim certificates o r temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of t h e latter.
L. S a m e ; R e p l n c e m e ~ ~oft Lost or Mutilated Boncls. The Authority may also provide f o r the replacement of a n y bonds and coupons which shall become mutilated or be destroyed or lost.
M . S a m e ; Conditiolls Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or t h e happening of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, providing for the issuance of revenue bonds under the provisions
102

A r t . 7, Sec. 7, P a r . 5
hereof shall become effective immediately upon its passage and need not be published or posted, and any such resolution may be passed a t a n y regular o r special or adjourned meeting of the Authority.
N. S a m e ; Credzt N o t Pledged alrd Debt N o t Created. Revenue Bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Covington, Georgia, nor of the S t a t e of Georgia or any municipality, county, authority, instrumentality or political subdivision of the S t a t e of Georgia, which may contract with such Authority. No contracts entered into by the Authority with any such municipality, county, authority, instrumentality or political subdivision of the S t a t e of Georgia shall create a debt of the respective municipalities, counties, authorities o r political subdivisions of the S t a t e of Georgia within the meaning of Article VII, Section VII, P a r a g r a p h I of the Constitution of the S t a t e of Georgia, b u t a n y such municipality, county, authority or political subdivision of the S t a t e of Georgia may obligate itself to p a y the payments required under such contracts from monies received from taxes and from any other source without creating a debt within the meaning of Article VII, Section VII, P a r a g r a p h I of the Constitution of the S t a t e of Georgia.
0 . S a m e ; Trust I~zdelltureas Security. I n t h e discretion of t h e Authority, any issue of such revenue bonds may be secured by a t r u s t indenture by and between the Authority and a corporate trustee, which may be any t r u s t company o r bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such t r u s t indenture may contain such provisions f o r protecting and enforcing the rights and remedies of the bondholders a s may be reasonable and proper and not in violation of law, including covenants setting f o r t h the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies; and may also provide t h a t any project shall be constructed and paid f o r under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds; and may also require t h a t the security given by contractors and by any depositary of t h e proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. I t shall be lawful f o r any bank o r t r u s t company incorporated under the laws of this S t a t e to act a s such depositary and to furnish such indemnifying bonds or pledge such securities a s may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders a s is customary in t r u s t indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such t r u s t indenture may be treated a s a p a r t of the cost of maintenance, operation and repair of the project affected by such indenture.
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Art. 7, Sec. 7, Par. 5
P . To Whom Proceeds of Bonds S h a l l be Paid. The Authority shall, in the resolution providing f o r the issuance of revenue bonds or in the t r u s t indenture, provide for the payment of the proceeds of the sale of the bonds to a n y officer or person who, or a n v asency, bank or t r u s t company which, shall act a s trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations a s such resolutions or trust indentures may provide.
Q. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project f o r which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority, a s the resolution authorizing the issuance of the bonds or in the t r u s t instrument may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside a t regular intervals a s may be provided i n the resolution or t r u s t indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds a s such interest shall fall due, ( 2 ) the principal of the bonds a s the same shall fall due, ( 3 ) the necessary charges of paying agents f o r paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the t r u s t indenture, but, except a s may otherwise be provided in such resolution or t r u s t indenture, such sinking fund shall be maintained a s a t r u s t account f o r the benefit of all revenue bonds without distinction or priority of one over another. Subject to the p r o v i ~ i o n sof the resolution authorizing the issuance of the bonds, or in the t r u s t indenture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and a n y such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
R. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or a n y of the coupons appertaining thereto, and t h e trustee under the t r u s t indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the t r u s t indenture, may, either a t law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce a n y and all rights under the laws of the S t a t e of Georgia or granted hereunder or under such resolution or t r u s t indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or t r u s t indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.
S. Funding and Rejz~nding Bonds. The Authority is hereby authorized to provide by resolution f o r the issuance of bonds of the Authority f o r the purpose of funding or refunding any revenue bonds issued under t h e provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The is-
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suance of such funding or refunding bonds, the maturities and all other details thereof, the rights of t h e holders thereof, and the duties of the Authority in respect to the same, shall be governed by t h e foregoing provisions of this Act insofar a s t h e same may be applicable.
T. V e n u e a17tE .Jurisdiction. Any action to protect or enforce a n y rights under the provisions of this Act or a n y suit or action against such Authority shall be brought in t h e Superior Court of Newton County, Georgia, and a n y action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
U . Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, a s amended, or a s same may be hereafter amended. The petition or validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or instrumentality of the State of Georgia which has contracted with the Authority f o r t h e services and facilities of the project f o r which bonds a r e to be issued and sought to be validated and a n y such municipality, county, authority, political subdivision or instrumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudicated a s a p a r t of t h e basis of t h e security f o r the payment of any such bonds of t h e Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any municipality, county, authority, political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said City of Covington Parking Authority.
V . Interest o f B o ~ r d k o l d e r sProtected. While any of t h e bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of i t s officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds.
W. ~ M o ~ ~ Ri eecseived Considered T r u s t F u n d s . All monies received pursuant to the authority of this Act, whether a s proceeds from the sale of revenue bonds, a s g r a n t s or other contributions, or a s revenues, income, fees and earnings, shall be deemed t o be t r u s t funds t o be held and applied solely a s provided in this Act.
X . Rates, Charges aud Revenues; Use. The Authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect fees, tolls and charges for the services, facilities and commodities furnished; and in anticipation of t h e collection of the revenues of such undertaking or project, to issue revenue bonds a s herein provided to finance, in whole o r in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of i t s parking facilities; and to pledge to the punctual payment of said bonds, and interest thereon, all or any p a r t of the revenues of such undertaking or project, including t h e revenues of in~provements,betterments or extensions thereto thereafter made.

Art. 7, Sec. 7, Par. 5
Y. Rules and R e g u l a t i o ? ~f~o r Operation of Projects. I t shall be the duty of the Authority to prescribe rules and regulations f o r the operation of the project or projects constructed under the provisions hereof, including the basis on which services and facilities, or both, shall be furnished.
Z. Governmeutul Functioiz. I t is hereby declared t h a t t h e Authority will be performing a n essential governmental function in the exercise of the powers conferred upon i t hereunder whereby t r a f f i c congestion in the City of Covington will be alleviated and a s a result the lives and property of the residents thereof and others using its streets will be better protected, all in the furtherance of the essential public purpose for which it is hereby declared to be created.
AA. Im~nutlityfrom Tort Actiotrs. The Authority shall have the same immunity and exemption from liability for torts and negligence a s the S t a t e of Georgia and the officers, agents arid employees of the Authority, when in the performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence a s the officers, agents and employees of the S t a t e of Georgia. The Authority may be sued in the same manner as private corporations may be sued on a n y contractual obligation of the Authority.
BB. Propertu Subject to Levu axd Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds a s may be pledged, assigned, mortgaged or conveyed to secure a n obligation of the Authority, and a n y such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.
CC. Constrz~ctioiz.This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding a n y other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.
DD. Effective Date. This amendment shall be effective immediately upon proclamation of i t s ratification by the Governor.
EE. General Assembly. This amendment is self-enacting and does not require a n y enabling legislation f o r it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with the provisions of this amendment. The Authority shall be an instrumentality of the S t a t e of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Covington, Georgia, a s the same now or may hereafter exist.

Art. 7, Sec. 7, Par. 5
DOWNTOWN SAVANNAH AUTHORITY"
1. Creation. There is hereby created a body corporate and politic to be known a s the Downtown Savannah Authority which shall be deemed to be a n instrumentality of the S t a t e of Georgia and a public corporation thereof and by t h a t name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded and complain and defend in all courts of law and equity.
2 . Purpose. The said Authority is created f o r t h e purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining and operating public projects, public buildings and other public facilities, parking lots or garages and other parking structures and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or t o lease or sell any or all of such facilities, including real property and to do a n y and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof.
3 . Memhe9,ship. The Authority shall consist of five members. One of such members, who shall serve a s Chairman of said Authority, shall be either the Mayor of the City of Savannah, Georgia, or a member of the City Council of the City of Savannah who shall serve during his term of office. The remaining f o u r members of t h e Authority, selected by the Mayor and Aldermen of the City of Savannah, shall be residents and qualified voters of the City of Savannah but no member of the City Council shall be eligible f o r appointment during his term of office. The original members of the Authority shall be appointed a s follows: one f o r a term of four years; one f o r a term of three years; one f o r a term of two years; and one f o r a term of one year. Thereafter, all members selected and appointed shall serve for a term of four years and until their successors shall have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself. All appointments shall be f o r a term commencing on J a n u a r y 1 and ending on December 31 of the year of the expiration of the appointment. The members of the Authority shall enter upon their duties immediately upon taking office a f t e r such appointment. The Authority shall elect one of i t s members a s Vice Chairman who shall be elected f o r a term of one year or until his successor is selected and qualified and annually thereafter the Authority shall elect one of i t s members in the same manner for a one-year term. The Authority shall also elect a Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary and Treasurer shall be elected to serve a t the pleasure of the Authority. No member of the Authority shall hold more than one office except t h a t of Secretary and Treasurer. Three members of the Authority shall constitute a quorum. A majority of the members i s empowered to exercise the rights and perform all the duties of the Authority and no vacancies on t h e Authority shall impair the right of the quorum to act. In the event of a vacancy on
*[Editorial note: The amendment creating the Downtown Savannah Authority was added by a general amendment ratified November 5, 1974.1
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the Authority through death, resignation or otherwise, same shall be filled f o r t h e unexpired term of the member ceasing to be a member of such Authority for any reason in the same manner t h a t such member originally became a member of the Authority. The members of the Authority shall serve without compensation except t h a t they shall be reimbursed f o r actual expenses incurred in t h e performance of their duties. The Authority shall make rules and regulations f o r its own government. I t shall have perpetual existence. In the event the number of the members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject of change, the same may be accomplished by a n Act of the General Assembly, except t h a t the General Assembly may not alter the term of office of a n y duly appointed member then serving.
4. Definitions. As used herein the following words and terms shall have the following meanings:
A. The word "Authority" shall mean the Downtown Savannah Authority herein created.
B. The word "Projects" or "Project" sha,ll be deemed t o mean and include the acquisition, construction, equipping, maintenance and operation of a n y public project, public building or other public facility, parking lots, garages, or other parking structures or similar undertaking and any and all other facilities useful or desirable in connection with such undertakings and extensions and improvements of such projects, buildings or facilities and the acquisition of the necessary property therefor, both real and personal, all for the essential public purposes of development and promotion of civic and cultural growth, public welfare, trade, commerce, education, amusement, recreation or to alleviate t r a f f i c congestion in the City of Savannah and thereby better protect the lives and property of its residents and others using its streets.
C. The t e r m "cost of the project" shall embrace the cost of construction, the cost of lands, properties, rights, easements and f r a n chises acquired and the cost of all conveyances i n fee simple of the Authority's title thereto and leases thereof, the cost of preparing the land, including the installation of storm and sanitary sewers and all utilities therefor, the cost of all machinery, equipment and furnishings related t o t h e operation of a n y project or projects, financing charges, interest prior to and during construction and for six months a f t e r completion of construction, cost of engineering, architectural, fiscal and legal expenses and other expenses necessary and incident to determine the feasibility o r practicability of the project, administrative expenses, and such other expenses a s may be necessary or incident to the financing herein authorized and the cost of placing any project in operation. Any expenses incurred f o r a n y of t h e foregoing purposes shall be regarded a s p a r t of t h e "cost of the project o r projects" and may be paid or reimbursed out of funds of t h e Authority, including the proceeds of a n y revenue bonds issued under provisions of this Act f o r such project or projects.
D. The terms "revenue bonds" and "bonds" shall mean any bonds of the Authority which a r e hereunder authorized to be issued, in-
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eluding refunding bonds, a s though such revenue bonds had originally been authorized t o be issued under the provisions of the Revenue Bond Law (Ga. L. 1957, p. 36 e t seq., as amended) amending the law formerly known a s the Revenue Certificate Law of 1937 (Ga. L. 1937, p. 761 et. seq., a s amended) and in addition shall also mean a n y obligations of t h e Authority, the issuance of which a r e hereinafter specifically provided for.
E. Any project or combination of projects shall be deemed "selfliquidating" if, i n the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including, but not limited to, a n y revenues derived from t h e City of Savannah o r other political subdivision under any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and maintaining the project and to pay the principal and interest on the revenue bonds which may be issued to finance, i n whole or in p a r t , the cost of such project, projects, or combination of projects.
5. Powers. The Authority shall have the powers:
A. To adopt and alter a corporate seal;
B. To acquire by purchase, lease or otherwise, and t o hold, lease and dispose of real and personal property of every kind and character for its corporate purposes ;
C. To acquire in i t s own name by purchase, on such terms and conditions and in such manner a s i t may deem proper, o r by condemnation in accordance with t h e provisions of a n y and all laws applicable to the condemnation of property f o r public use, real property, or rights o r easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long a s its corporate existence shall continue and to lease or make contracts with respect to the use of o r dispose of t h e same in a n y manner i t deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action o r proceedings a s may be just to the Authority and t o t h e owners of t h e property to be condemned; and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless a t the time such property is so acquired a sufficient sum of money be deposited in t r u s t t o pay and redeem t h e f a i r value of such lien or encumbrance; and if the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the S t a t e of Georgia, the Governor is hereby authorized to convey f o r and in behalf of t h e S t a t e title t o such lands to the Authority upon payment to the State Treasurer for the credit of the general fund of the S t a t e of t h e reasonable value of such lands in accordance with the applicable laws of the S t a t e of Georgia ;
D. To appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;
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E. T o make contracts and leases and t o execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use o f projects which it causes to be erected or acquired, and t o contract with the City of Savannah and with the State o f Georgia and any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with others upon such terms and for such purposes as m a y be deemed advisable for a term not exceeding f i f t y years; and the City of Savannah is hereby authorized t o enter into contracts and related agreements for the use b y the City of Savannah or the residents thereof of any project, structure, building or facility or a combination of two or more projects, structures, buildings or facilities of the Authority for a t e r m not exceeding f i f t y years; and said City be and the same is hereby specifically authorized to levy taxes, without limitation as t o rate or amount, and to expend t a x monies o f the C i t y and a n y other available f u n d s and t o obligate said C i t y t o m a k e payment thereof t o t h e Authority upon such terms as m a y be provided in any contract entered into b y and between the Authority and the City of Savannah, i n order to enable the Authority t o pay the principal of and interest on any of its bonds as same mature and t o create and maintain a reserve for that purpose and also t o enable the Authority t o pay the cost o f maintaining, repairing and operating t h e property or facilities so furnished b y said Authority;
F . T o acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove defined, the cost of any such project t o be paid, in whole or in part, from the proceeds of revenue bonds o f the Authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof;
G. T o accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality m a y require;
H. T o accept loans and!or grants o f money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision m a y require;
I. T o borrow money for any of its corporate purposes and t o issue negotiable revenue bonds payable solely f r o m funds pledged for that purpose, and t o provide for the payment of the same and for the rights of the holders thereof;
J . T o exercise any power usually possessed b y private corporations performing similar functions, which is not in conflict with the Constitution and laws of this State; and
K. T o do all things necessary or convenient t o carry out the powers expressly given hereunder.
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6. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution f o r the issuance of negotiable revenue bonds for the purpose of paying all or a n y p a r t of the cost a s herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided f o r such payment. The bonds of each issue shall be dated, shall bear interest a t such rate or rates per annum. payable a t such time or times, shall mature a t such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment a s to both principal and interest a s may be made redeemable before maturity, a t the option of the Authority, a t such price or prices and under such terms and conditions a s may be fixed by the Authority in the resolution providing f o r the issuance of t h e bonds.
7. Same; F o r m ; Dcwominatiox; Registration; Place of Payment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal thereof and the interest thereon, which may be a t any bank or trust company within or without the State. The bonds may be issued in coupon or registered forms, or both, a s the Authority may determine, and provision may be made f o r the registration of a n y coupon bond a s to principal alone and also a s t o both principal and interest.
8. Same; Signature; Seal. I n case a n y officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease t o be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same a s if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the Secretary and Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons a s a t the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although a t the date of such bonds such persons may not have been so authorized or shall not have held such office.
9. Same; Xegotiahilit~.All revenue bonds issued under the provisions of this Act shall have and a r e hereby declared to be negotiable under the laws of t h e State.
10. Same; Sale; Proceeds of Bo?~ds.The Authority may sell such bonds in such manner and f o r such price a s i t may determine to be f o r the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely f o r t h e purpose provided in the proceedings authorizing t h e issuance of such bonds.

Art. 7, Sec. 7, Par. 5
11. S a m e ; I n t e r i m Receipts and Certificates o r T e m p o r a r y Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
12. S a m e ; Replacement of Lost or Mutilated Bonds. The Authority may also provide f o r the replacement of any bonds or coupons which shall become mutilated or be destroyed or lost.
13. S a m e ; Conditions Precedent to Issuance. Such revenue bonds may be issued without a n y other proceedings or t h e happening of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, providing f o r the issuance of revenue bonds under the provisions hereof shall become effective immediately upon its passage and need not be published or posted, and a n y such resolution may be passed a t a n y regular or special o r adjourned meeting of t h e Authority.
14. S a m e ; Credit N o t Pledged and Debt not Created. Revenue Bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Savannah, nor of the S t a t e of Georgia or a n y municipality, county, authority, instrumentality or political subdivision of the S t a t e of Georgia, which may contract with such Authority. No contracts entered into by the Authority with a n y such municipality, county, authority, instrumentality or political subdivision of t h e S t a t e of Georgia shall create a debt of the respective municipalities, counties, authorities or political subdivisions of the State of Georgia within the meaning of Article VII, Section VII, P a r a g r a p h I of the Constitution of t h e S t a t e of Georgia, but any such municipality, county, authority or political subdivision of the S t a t e of Georgia may obligate itself to pay the payments required under such contracts from monies received from taxes and from any other source without creating a debt within t h e meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia.
15. S a m e ; T r u s t I n d e n t u r e as S e c u r i t y . In the discretion of the Authority, a n y issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be a n y t r u s t company or bank having t h e powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by t h e Authority. Either the resolution providing f o r the issuance of revenue bonds or such trust indenture may contain such provisions f o r protecting and enforcing t h e rights and remedies of the bondholders a s may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of t h e project, the maintenance, operation, repair and insuring of t h e project, and the custody, safeguarding and application of all monies; and may also provide t h a t any project shall be constructed and paid f o r under t h e supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds; and may also require t h a t the security given by contractors and by a n y depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such pur-
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chasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this S t a t e to a c t a s such depositary and t o furnish such indemnifying bonds or pledge such securities a s may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders a s is customary in t r u s t indentures securing bonds and debentures of corporations. In addition t o the foregoing, such trust indenture may contain such other provisions a s the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such t r u s t indenture may be treated a s a p a r t of the cost of maintenance, operation and repair of the project affected by such indenture.
16. To Whom Proceeds S h a l l Be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the t r u s t indenture, provide f o r the payment of the proceeds of the sale of the bonds to a n y officer o r person who, or a n y agency, bank or trust company which, shall act a s trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may provide.
17. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project o r projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority t o t h e payment of the principal of and interest on revenue bonds of t h e Authority, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside a t regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking f u n d shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, ( 2 ) the principal of the bonds as the same shall fall due, ( 3 ) the necessary charges of paying agents for paying principal and interest and other investment charges, and (4) any premium upon bonds retired by call or purchase a s hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations a s may be provided in the resolution authorizing the issuance of the revenue bonds or in the t r u s t indenture, but, except a s may otherwise be provided in such resolution or t r u s t indenture, such sinking fund shall be maintained a s a t r u s t account f o r the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing t h e issuance of the bonds, or in t h e t r u s t indenture, any surplus monies in the sinking fund may be applied t o the purchase or redemption of bonds and a n y such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
18. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or a n y of t h e coupons appertaining thereto, and the trustee under the t r u s t indenture, if any, except to
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Art. 7, Sec. 7, P a r . 5
the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds o r by the t r u s t indenture, may, either a t law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the S t a t e of Georgia or granted hereunder or under such resolution or t r u s t indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges f o r the use of the facilities and services furnished.
19. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution f o r t h e issuance of bonds of t h e Authority f o r the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of t h e Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar a s the same may be applicable.
20. V e n u e and Jurisdiction. Any action to protect or enforce a n y rights under the provisions of this Act or any suit or action against such Authority shall be brought in t h e Superior Court of Chatham County, Georgia, and a n y action pertaining to the validation of a n y bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
21. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, a s amended, or a s same may be hereafter amended. The petition or validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or instrumentality of the S t a t e of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds a r e to be issued and sought to be validated and any such municipality, county, authority, political subdivision or instrumentality shall be required to show cause, if any exist, why such contract or contracts and the terms and conditions thereof should not be inquired into by t h e court and the contract or contracts adjudicated a s a p a r t of t h e basis of the security f o r the payment of a n y such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any municipality, county, authority, political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said Authority.
22. I n t e r e s t o f Bondholders Protected. While a n y of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner t h a t will affect adversely the interests and rights of t h e holders of such bonds.
23. Monies Received Considered T r u s t Funds. All monies received pursuant to the authority of this Act, whether a s proceeds from the
114

Art. 7, Sec. 7, Par. 5
sale of revenue bonds, a s g r a n t s or other contributions, o r a s revenues, income, fees and earnings, shall be deemed t o be t r u s t funds to be held and applied solely as provided in this Act.
24. R a t e s , C h a r g e s and R e v e n u e s ; Use. The Authority is hereby authorized to prescribe and fix rents and rates and to revise same from time to time and to collect payments, fees, tolls and charges on each project or for the services, facilities and commodities furnished; and in anticipation of the collection of the revenues of such undertakings or projects, to issue revenue bonds a s herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, betterment or extension of its undertakings or projects; and to pledge to the punctual payment of said bonds, and interest thereon, all or any p a r t of the revenues of such undertakings or projects, including the revenues of improvements, betterments or extensions thereto thereafter made.
25. Rules and Regulations for Operation of Projects. I t shall be the duty of the Authority to prescribe rules and regulations f o r t h e operation of the project or projects constructed under t h e provisions hereof, including the basis on which services and facilities, or both, shall be furnished.
26. Governmental Function. I t is hereby declared that the Authority is created for a public purpose and will be performing a n essential governmental function in the exercise of t h e powers conferred upon i t hereunder in the development and promotion of civic and cultural growth, public welfare, trade, commerce, education, amusement, recreation or to alleviate t r a f f i c concrestion in the Citv of Savannah and thereby better protect the lives and property olf its residents and others using its streets.
27. Zmnlunity F r o m T o r t Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence a s the State of Georgia and the officers, agents and en~ployeesof t h e Authority, when in the performance of the work of the Authority, shall have the same immunity and exemption from liability for torts and negligence a s the officers, agents and employees of the S t a t e of Georgia. The Authority may be sued in the same manner a s private corporations may be sued on a n y contractual obligation of t h e Authority.
28. P r o p e r t y S u b j e c t to L e v y and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds a s may be pledged, assigned. mortgaged or conveyed to secure a n obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by t h e Authority to enforce payment of the obligation.
29. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwithstanding any other provision of the Constitution t o the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.

Art. 7, Sec. 7, Par. 5
30. Effective Date. This amendment shall be effective immediately upon proclamation of i t s ratification by t h e Governor.
31. General Assembly. This amendment is self-enacting and does not require any enabling legislation f o r it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of t h e Authority not inconsistent with the provisions of this amendment. The Authority shall be a n instrumentality of the S t a t e of Georgia, and t h e scope of i t s operation shall be limited to the territory embraced within the corporate limits of the City of Savannah, Georgia, a s the same now or may hereafter exist.
Paragraph V-A. Reacnue Obligations Authorized. The development of trade, commerce, industry and employment opportunities i s hereby declared to be a public purpose vital to the welfare of the people of this State. The General Assembly may create Development Authorities to promote and further such purposes or may authorize the creation of such Authority by any county or municipal corporation o r combirkations thereof under such uniform terms and conditions a s i t may deem necessary. The General Assembly may exempt from taxation Development Authority obligations, properties, activities or income and may authorize t h e issuance of Revenue Obligations by such Authorities which shall not constitute a n indebtedness of the S t a t e withir. the meaning of Section VII of this Article.
The General Assembly may provide f o r the validation of a n y Revenue Obligations authorized, and that such validation shall therea f t e r 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 any county, municipality or political subdivision of this S t a t e issued prior t o the adoption of this Constitution, including the authority to approve or disapprove the amount and terms of such refunding bonds, together with such other powers a s to the General Assembly may seem proper, but not in conflict with the provisions of the Constitution. Such refunding bonds shall be authorized only where such county, municipality or political subdivision has not the funds available to meet the payment of outstanding bonded indebtedness through failure to levy and collect the required taxes, or through failure to maintain the required sinking fund for such bonds. The General Assembly may approve the issuance of the said refunding bonds under the conditions stated. Such refunding bonds shall not, together with all other outstanding bonded indebtedness; exceed the limits fixed by this Constitution for 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 a n y bonds issued a f t e r the adoption of this Constitution.
116

Art. 7, Sec. 7, Par. 7
Paragraph VII. Refunding Bonds to Reduce Bonded Indebtedness. The General Assembly is further authorized to give to the said Commission the power and authority to approve or disapprove the issuance of bonds to refund a n y outstanding bonded indebtedness of any county, municipality or political subdivision now or hereafter issued, f o r the purpose of reducing t h e amount payable, principal or interest, or 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 t o approve or disapprove the terms of any such proposed refunding bonds. The General Assembly may authorize the issuance of such refunding bonds issued f o r t h e said purpose, when approved by the said Commission and authorized by the governing authority of such county, municipality or subdivision, without a n election by the qualified voters a s otherwise required, but in all other respects such refunding bonds shall comply with the provisions of this Constitution.
SECTIONVIII.
Paragraph I. Siuking F u n d s F o r Bonds. All, amounts collected from a n y source f o r the purpose of paying t h e principal and interest of a n y bonded indebtedness of a n y county, municipality or subdivision and to provide f o r the retirement of such bonded indebtedness, above the amount needed to pay the principal and interest on such bonded indebtedness due in t h e year of such collection, shall be placed in a sinking fund to be held and used t o pay off the principal and interest of such bonded indebtedness thereafter maturing.
The funds in such sinking fund shall be kept separate and a p a r t from all other moneys of such county, municipality or subdivision, and shall be used f o r no purpose other t h a n t h a t above stated. The moneys in such sinking fund may be invested and reinvested by the governing authorities of such county, municipality or subdivision or by such other authority 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 t h e S t a t e of Georgia, of t h e 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, a s prescribed by law f o r the punishment of misdemeanors, until the General Assembly, shall make other provisions for the violation of the terms of this paragraph.
SECTIONIX.
Paragraph I. Preparation, submission a n d enactments of General Appropriatio~isBill. ( a ) The Governor shall submit t o 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,

Art. 7, Sec. 9. P a r 1
accompanied by a d r a f t of a General Appropriations Bill, in such form and manner a s may be prescribed by statute, which shall provide f o r the appropriation of the funds necessary to operate all the various departments and agencies, and to meet t h e current expenses of t h e 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 S t a t e f o r the next fiscal year. The fiscal year of the S t a t e shall commence on the f i r s t day of July of each year and terminate on the thirtieth of J u n e following.
(c) The General Assembly shall by general law provide f o r the regulation and management of the finance and fiscal administration of the State.
[Editorial note: Paragraph I was altered by an amendment ratified Nov. 7, 1972.1
Paragraph 11. General Appropriation Act. (a) Each General Appropriation Act, now of force or hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and i t shall then expire except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of Federal grants.
[Editorial note: Paragraph I1 was altered by an amendment ratified Nov. 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 in t h e State Treasury a t the beginning of the fiscal year, together with a n amount not greater than the total Treasury receipts from existing revenue sources anticipated to be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto. Supplementary appropriations, if any, shall be made in the manner provided in Article VII, Section IX, Paragraph I11 of this Constitution, but in no event shall a supplementary appropriations Act continue in force and effect beyond the 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 the expiration of such General Appropriations Act, shall lapse.
(d) All federal funds received by t h e S t a t e of Georgia a r e hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the Federal Government in making the grant.
(e) The State, State institutions, departments and agencies of the 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 any funds f o r the payment of obliga-
118

Art. 7, Sec. 9, P a r . 2
tions under any such contract, is likewise prohibited a t any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into, exceed 15% of the total revenue receipts, less refunds, of t h e State Treasury in the fiscal year immediately preceding the making and entering into of any such contract; provided, however, this provision shall not affect contracts validly entered into prior to its adoption or which conform to this provision a t the time the same are hereafter executed. The execution of a n y such contract i s f u r t h e r prohibited until the General Assembly has specifically provided funds in a n Appropriations Act f o r the payment of a t least one year's rental under such contract.
[Editorial note: Paragraphs I and 11 were reworded by an amendment ratified Nov. 6 , 1962.1
Paragraph 111. O t h e r o r S u p p l e m e n t a r y A p p ~ o p ? . i a t i o n s .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 a s supplementary appropriation Acts, provided no such supplementary appropriation shall be available unless there is a n unappropriated surplus in the S t a t e Treasury or the revenue necessary to pay such appropriation shall have been provided by a t a x laid for such purpose and collected into the General Fund of the State Treasury. Neither House shall pass a Supplementary Appropriation Bill until the General Appropriation Act shall have been finally adopted by both Houses and approved by the Governor.
Paragraph IV. Appropriations to be for Specific Sums. (a) Except a s hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency or institution f o r which appropriation is made shall be for a specific sum of money, and no appropriation shall allocate to any object, the proceeds of any particular tax or fund or a part 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 the amount of refunds, rebates and collection costs authorized by law, is hereby appropriated for 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, as authorized by laws enacted by the General Assembly of Georgia; and for grants to counties by law authorizing road construction and maintenance, a s 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 t o 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
119

Art. 7, Sec. 9, Par. 4
hereby appropriated shall not be subject to budgetary reduction. I n the event of invasion of this State by land, sea or air, or i n 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.
[Editorial note: Paragraph IV was altered by amendments ratified November 8, 1960 and November 7, 1972.1
Paragraph V. A p p o p r i a t i o n s V o i d , W h e n . Any appropriation made in conflict with either of the foregoing provisions shall be void.
SECTIONX.
Paragraph I. E x i s t i n g A m e n d m e n t s Continued o f Force. Amendments to the Constitution of the State of Georgia of 1877 i n effect a t the d a t e of the ratification by t h e voters of the State, of this Constitution, shall continue of full force and effect after the ratification of this Constitution, where such amendments a r e of merely local, and not, general application, including the amendments pertaining to the Coastal Highway District of this State. There is also continued under this provision in force and effect, amendments to the Constitution of 1877 applicable to counties and cities having a population in 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 to cities lying in two counties, where such amendments a r e in force and effect a t the time of the ratification of this Constitution. Provided the amendment of P a r a graph I of Section I1 of Article XI of the Constitution of 1877 proposed by Georgia Laws, 1943, page 53, and ratified August 3, 1943, authorizing election by the people of the County Board of Education of Spalding County; prescribing rules of eligibility of members of the Board; providing for election by the Board of the County Superintendent of Schools shall not be continued of force.
ARTICLE VIII.
EDliCATION
Paragraph I. System of Common Schools; Free Tuition, Separation of Races. The provision of an adequate education f o r the citizens shall be a primary obligation of the State of Georgia, the expense of which shall be provided for by taxation. Separate schools shall be provided for the white and colored races.
P a r a g r a p h I. S t a t e Board 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 State Board of Education, composed of one member from each Congressional District in the State, who shall be appointed by the Governor, by and with the advice and consent of the Senate. The Governor shall not be a member of the State Board of Education. The f i r s t S t a t e Board of Education under this Constitution shall

Art. 8, Sec. 2, P a r . 1
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 the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and cpnfirmation. I n case of a vacancy on said Board by death, resignation, or from any other cause other than the expiration of such members' term of office, the Board shall by secret ballot elect his successor, who shall hold office until the end of the next session of the General Assembly, or if the General Assembly be then in session to the end of t h a t session. During such session of the General Assembly t h e Governor shall appoint the successor member of the Board f o r t h e unexpired term and shall submit his name to the Senate for confirmation. All members of the Board shall hold office until their successors a r e appointed and qualified. The members of the State Board of Education shall be citizens of this State who shall have resided in Georgia continuously for a t least five years preceding their appointment. No person employed in a professional capacity by a private or public education institution, or by the State Department of Education, shall be eligible for appointment or to serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible to membership on the Board, and if a n y 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 further powers and duties a s may be hereafter provided by law.
Paragraph I. State School Superintendent; Election, Term, Etc. There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected a t the same time and in the same manner and f o r the same term a s t h a t of the 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 State School Superintendent during the time for which he shall have been appointed.
SECTIONIV.
Paragraph I. University Systenz of Georgia; Board of Regents. There shall be a Board of Regents of the University System of Georgia, and the government, control, and management of the University System of Georgia and all of its institutions in said system shall be vested in said Board of Regents of the University System of Georgia. Said Board of Regents of the University System of Georgia shall consist of one member from each Congressional District in the 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 the said Board. The first Board of Regents under this Constitution shall consist of those in office a t the time this Constitution is adopted, with the terms provided by law. Thereafter
121

Art. 8, Sec. 4, Par. 1
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. I n case of a vacancy on said Board by death, resignation of a member, or from a n y other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until t h e end of the next session of the General Assembly, or if the General Assembly be then in session to the end of that session. During such session of the General Assembly the Governor shall appoint the successor member of the Board for the unexpired term and shall submit his name to the Senate for confirmation. All members of the Board of Regents shall hold office until their successors a r e appointed. The said Board of Regents of the University System of Georgia shall have t h e powers and duties a s provided by law existing a t t h e time of the adoption of this Constitution, together with such further powers and duties a s may be hereafter provided by law.
SECTIOVN.
P a r a g r a p h I. Coulzty S?/stenl; Board of Educatio?~;Election, Term, Etc. Authority is granted to counties to establish and maintain public schools within their limits. Each county, exclusive or any 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 from the citizens of their respective counties five freeholders, who shall constitute the County Board of Education. Said members shall be elected for the term of five years except t h a t the first election of Board members under this Constitution shall be f o r such terms that will provide for the expiration of the term 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, or from any other cause other than the expiration of such member's term of office, the Board shall by secret ballot elect his successor, who shall hold office until the next Grand Jury convenes a t which time said Grand J u r y shall appoint the successor member of the Board for the unexpired term. The members of the County Board of Education of such county shall be selected from t h a t portion of the county not embraced within the territory of a n independent school district.
The General Assembly shall have authority to make provision for local trustees of each school in a county system and confer authority upon them to make recommendations as to budgets and employment of teachers and other authorized employees.
P a r a g r a p h 11. Boards of Education; clznnge by referendum-Notwithstanding provisions contained in Article VIII, Section V, Paragraph I of this Constitution, or in any local constitutional amendment applicable to any county school district, the number of members of a county board of education, their term of office, residence requirements, compensation, manner of election or appointment, and the method for filling vacancies occurring on saic! boards, may hereafter be changed by local or special law conditioned upon approval by a majority of the qualified voters of the county school district voting
122

A r t . 8, Sec. 5, P a r . 2
in a referendum thereon. Metnbers 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. Colcuty School Sziperi~zte~zdentE; lection, Term, Etc. There shall be a County School Superintendent, who shall be t h e executive officer of the County Board of Education. He shall be elected by the people and his term of office shall be f o r four years and run concurrently with other county officers. The qualifications and the salary of 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, Paragraph I of this Constitution, or in any local constitutional amendment applicable to any county school superintendent, the term of office of County school superintendents, their residence requirements and the method of their election or appointment may hereafter be changed by local or special laws conditioned upon approval by a majority of the qualified voters of the 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 arnendment ratified Nov. 8, 1966.1
SECTIONVII.
P a r a g r a p h I. Indcpe?tdent Systems Continued; New Systems P r o hibited. Authority is hereby granted to municipal corporations to maintain existing independent school systems, and support the same a s authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be estabhshed.
S E C T I O NV I I I
P a r a g r a p h I. Meetitzys of Boards of Educatiolz. All official meetings of County Board.< of Education shall be open to the public.
SECTIONIX.
P a r a g r a p h I. Area School Districts; Area Boards of Education; A r e a 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 or local law, provide for consolidation and merger of any two or more county school districts, independent school systems, or any portion or combination thereof, into a single area school district under the control and management of a n area board of education. No such consolidation or merger shall become effective until approved by a majority of the voters voting in each

Art. 8, Sec. 9, Par. 1
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 51% of the registered voters in each district or system concerned shall vote in such election and provided a majority of said voters voting shall vote in the affirmative. Any area school district so established shall constitute a separate political subdivision of this State, and t h e 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 a r e a board of education. The number of members of an area board of education, their manner of election or appointment, their terms, residence requirements, qualifications, powers, duties and the method for filling vacancies on said boards shall be a s provided by law. There shall be a n area school superintendent in each area school district, who shall be the executive officer of the area board of education. The manner of his election or appointment, and his qualifications, term of office, residence requirements, powers, duties and compensation shall be a s provided by law. Subsequent to the creation of a n a r e a school district, the number and manner of election or appointment of members of the area board of education and method f o r filling vacancies occurring on said boards, and their terms of office and residence requirements, and the manner of election or appointment of the area school superintendent, and his tenure, and residence requirements, may be changed by local 01- special law, conditioned upon approval by a majority of the qualified voters in each of the original political subdivisions of the area school district voting in a referendum thereon. Members of area boards of education and a r e a school superintendents shall have such powers, duties, and further qualifications as provided by law.
Paragraph 11. Power of Boards to Contract W i t h Each Other. Any two o r more county boards of education, independent school systems, or a r e a boards of education, o r a n y combination thereof, may contract with each other for the care, education, and transportation of pupils and for such other activities a s they may be authorized by law to perform.
[Editorial note: Section IX was altered by an amendment ratified Nov. 8, 1966.1
Paragraph I. Certain Systems Protected. Public school systems established prior to the adoption of the Constitution of 1877 shall not be affected by this Constitution.
SEXTIONX I .
Paragraph I. Grants, Bequests and Donations Permitted. The S t a t e Board of Education and the Regents of the University System of Georgia may accept bequests, donations and g r a n t s of land, or other property, for the use of their respective systems of education.
Paragraph 11. G ~ a n t sB, equests and Donations to County Boards of Education and Independent School Systems. County Boards of
124

Art. 8, Sec. 11, P a r . 2
Education and independent school systems may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education.
SECTIONX I I .
Paragraph I. Local Taxation f o ~Educatio?~.The fiscal authority of each county shall annually levy a school t a x for the support and maintenance of education, not greater than twenty mills per dollar a s certified to i t by the county board of education, upon the assessed value of all taxable property within the county located outside any 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 all property in said county a s recommended by the governing body of said system. The certification to be made by a n Area Board of Education to the fiscal authorities of the territories comprising a n area 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 it shall be the duty of such fiscal authorities t o levy such t a x in accordance with such certification, but such levy shall not be greater than twenty mills per dollar upon the assessed value of the taxable property therein. School t a x funds shall be expended only for 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 Rernovir~g Tax Rate.-The twenty mill limitation provided in Paragraph I above may be removed or increased in a county and in territories comprising an area school district under the procedure set out hereinafter. The county or area board of education, in order to instigate the procedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution to t h e judge of the probate court or to the proper authorities of territories comprising a n a r e a school district, a s the case may he, i t shall be their duty, within ten days of receipt of the resolution t o issue the call of a n election to determine whether such limitation shall be 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 from the date of the issuance of the call and shall have the date and purpose of the election published in the 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 for members of the 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 any number of mills for the purposes set out in Paragraph I above. In lieu of recommending t h a t t h e limitation be removed entirely, the county or area board of education may recommend t h a t it be increased and shall specify the amount in the 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 recommend up to the specified amount. It shall be the duty of t h e judge of the probate court or t h e proper authorities, a s the case may be, to hold the election, to canvass the returns and declare the results.
125

Art. 8, Sec. 12, Par. 2
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 the county or by the territories comprising a n a r e a school district, a s t h e case may be.
[Editorial note: Section XI1 was altered by an amendment ratified Nov. 8, 1966. Ordinary was changed to Judge of Prohate Court by an amendment ratified Nov 5, 1974.1
S E C T I O NX I I I .
Paragraph I. Grants for Edzccation. Notwithstanding any other provision of this Constitution, the General Assembly may by law provide for grants of State, county or municipal funds to citizens of the State for educational purposes, in discharge of all obligation of the State to provide adequate education for its citizens.
P a r a g r a p h 11. F r e e d o m o f Associatio?~.Freedom from compulsory association a t all levels of public education shall be preserved inviolate. The General Assembly shall by taxation provide funds for a n adequate education f o r the citizens of Georgia.
[Editorial note: Section XTIT was added by amendmentq ratified on Nov. 2, 1954 and Nov. 6, 1962.1
ARTICLE IX. HOMESTEADS AND EXEMPTIONS
Paragraph I. A m o u n t o f Homestead and Exemptions. There is hereby exempt from levy and sale, by virtue of any process whatever under the laws of this State, t h e property of every head of a family, or guardian, or trustee of a family of minor children, or every aged o r infirm person, or person having the care and support of dependent females of any age, who is not the head of a family, realty or personalty, or both, to the value i n t h e aggregate of sixteen hundred dollars; and the General Assembly shall have authority to provide the manner of exempting said property, the sale, alienation and encumbrance thereof, and to provide f o r the waiver of said exemption by the debtor.
Paragraph 11. Homestead and Exenzption L a w s Continued. The laws now of force wlth respect to homestead and exemptions shall remain in full force until changed by law.
[Editorial note: There is no Section IT.]
Paragraph I. In addition t o and supplementary of any powers now conferred upon and possessed by any county, municipality, o r 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:
(1) Police and fire protection.
( 2 ) Garbage and solid waste collection and disposal.

Art. 9, Sec. 3, Par. 1
(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 mur~icipalities o r a n y 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;
Provided, however, that 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. I n 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 111 wa$ added by an amendment ratified Nov. 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

A r t . 10, Sec. 1, P a r . 1
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. Vol7~nteers.The General Assembly 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 o f Militia and Volzcnteers. The officers and men of the militia and volunteer forces shall not be entitled t o receive a n y pay, rations, or emoluments, when not in active service by authority of the State.
Paragraph IV. Discipli~zeof' the .Vilitia. 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 a s 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, f o r the initiation of charges and subsequent procedures thereon, rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well regulated and disciplined Militia.
[Editorial note: Paragraph 1V was added by an amendment ratified on Nov. R , 1960.1
ARTICLE XI.
COUNTIES AND MUNICIPAL CORPORATIONS
S E C T I O NI.
Paragraph I. Counties a Corporate Body; Boundaries. Each count y shall be a body corporate with such powers and limitations a s may be prescribed by law. All suits by or against a county shall be in the name thereof; and the metes and bounds of the several counties shall remain a s now prescribed by law, unless changed a s hereinafter provided.
P a r a g r a p h 11. N w m b e r Limited. There shall not be more t h a n one hundred and fifty-nine counties in this State.
Paragraph 111. New Cou?zties Permitted, W h e n . No new county
shall be created except by the consolidation or merger of existing counties.
Paragraph IV. The General Assembly shall have power, with the concurrence of a majority of the qualified voters voting thereon i n each of the counties affected, to provide for the consolidation of two or more counties into one, or the merger of one or more counties into another, or t h e division of a county, and the merger of portions thereof into other counties; provided, however, upon the filing with the Judge of the Probate Court of a n y county of a petition signed by not less t h a n twenty per centum (20'/0) of t h e duly qualified voters of such county, seeking such merger, consolidation or division, i t shall

Art. 11, Sec. 1, Par. 4
be the duty of such Judge of t h e Probate Court to transmit a certified copy of such petition to each Judge of the Probate Court of all other counties affected thereby, and i t shall be t h e d u t y of the 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 advertisments a r e published, once a week f o r a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented to the Judge of the Probate Court or Judges of the Probate Courts of the other county or counties affected, expressing favor or approval of t h e original petition, signed by not less t h a n twenty per centum ( 2 0 % ) of the duly qualified voters voting therein, it shall thereupon be the duty of the Judges of the Probate Courts of all such counties affected by such petitions, t o certify the f a c t of such petitions to t h e Governor, whose duty it shall then be to call immediately a n election on t h e same day in each such county, t o be held not later than sixty (60) days, and not sooner than thirty (30) days, a f t e r the filing of the last petition, publishing notice thereof once a week f o r two weeks in the newspaper in each county in which sheriff's advertisements are published. Provided, however, t h a t only one such election shall be called by t h e Governor within a n y twelvemonth period. The Judges of the Probate Courts of each county shall conduct the election, canvass the returns, and certify the results thereof to the Governor, who shall issue his proclamation thereon, and such results shall become effective a t such time a s may be prescribed by law, but not later than two (2) years following the date of such election, a s hereinafter referred to. Provided, however, any election held pursuant to the call of the Governor hereunder shall be null and void unless 51%. of t h e registered voters of t h e 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 f o r 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 I X 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 f o r the election of county officials, where required. The General Assembly shall have power to further implement this paragraph by law.
[Editorial note: A n amendment ratified o n Nov. 3, 1964, repealed Paragraph IV and V and substituted in lieu thereof Paragraph IV as quoted above. Ordinary was changed to Judge of Probate Court hy an amendment ratified N o v . 5, 1974.1
Paragraph VI. County Government Uniform; Exceptions. Whatever tribunal, or officers, may be created by the General Assembly f o r the transaction of county matters, shall be uniform throughout the State, and of the same name, jurisdiction, and remedies, except t h a t the General Assenlbly 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 T a x Receiver and T a x Collector i n the office of T a x Commissioner, and may fix his compensation, without respect to uniformity.
P a r a g r p h 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
129

Art. 11, Sec. 1, Par. 7
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 t h a t purpose.
Paragraph IX. C o x n f y S i t e s 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 a n election held f o r t h a t purpose and by a majority vote of the General Assembly.
P a r a g r a p h I. C o u n t y O f f i c e r s ; Election; T e r m ; R e m o v a l ; 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 O f f i c e r s . County officers may be on a fee basis, salary basis, or fee basis supplemented by salary, in such manner a s may be directed by law.
[Editorial n o t e See also Article IX, Section 111.1 [Edctor~alnote: There is no Article XI. Section 111.1
SECTIONIV.
DOUGLASVILLE-DOUGLCAOSUNTY
STADIUMAUTHORITY.*
P a r a g r a p h I. Douglasville-Douglas C o u n t y S t a d i u m A u t h o r i t y . There is hereby created a body corporate and politic to be known a s the Douglasville-Douglas County Stadium Authority, and which shall be deemed to be a political subdivision of the State of Georgia and a public corporation and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, complain and defend in all courts of law and equity.
The Authority shall consist of seven members. One of the initial members shall be appointed by the Douqlas County Board of Education, and may or may not be a member of the board, and shall serve for a n initial term of office of three years. One of the initial members shall be appointed by the governing authority of Douglas County, and shall serve f o r an initial term of office of two years, and two of the initial members qhall be appointed by the governing authority of Douglas County, and shall serve for initial terms of office of three years each. One of the initial membels shall be appointed by the governing authority of the City of Douglasville, and shall serve f o r a n initial term of office of one year, and one of the initial members
*[Ed~tor~nnlote The amendment creatlng the Douglasv~lle Douglas County Stad~um Author~tywas added a3 d general amendment ratifled November 5, 19741
130

Art. 11, Sec. 4, P a r . 1
shall be appointed by the governing authority of the City of Douglasville, and shall serve f o r a n initial term of office of two years. The six members so appointed shall appoint the seventh member who shall serve for a n initial term of office of three years. All members shall serve for their respective terms of office and until their respective successors a r e duly appointed and qualified. Following the terms of office of the initial members, successors shall be appointed by the members of the Authority immediately prior to the expiration of the terms of office of members. All members shall take office on the first day of January, with the initiai members taking office on J a n u a r y 1, 1975. Following the terms of office of t h e initial members, the term of office of all members shall be for three years. Members of the Authority may succeed themselves. In the event of t h e death, resignation, removal, disability or vacancy from any other cause the members of the Authority shall appoint a successor for the remainder of the unexpired term of office.
The members of the Authority shall elect one of their number a s chairman, another as vice-chairman, and may also elect a secretarytreasurer, who need not necessarily be a member of the Authority.
The chairman and vice-chairman, and secretary-treasurer shall serve for a period of one (1) year and until their successors a r e appointed and qualified. Four ( 4 ) members of the Authority shall constitute a quorum.
No vacancy on the Authority shall impair the right of the quorum to exercise all their rights and to perform all of the duties of the Authority.
The chairman of the Authority shall not be entitled to vote upon any issue, motion or resolution, except in the case of a tie vote of the other members voting on said motion, resolution, or question.
The members of the Authority shall serve without compensation provided that all members shall be reimbursed for their actual expenses necessarily incurred in the performance of their duties. The Authority shalt make rules and regulations for its own government. I t shall have perpetual existence. Members of the Authority shall give bond in the amount of $10,000 each, payable to the Authority and conditioned upon the faithful discharge of their duties. The costs of such bonds shall be paid from the funds of the Authority. Members may be removed for cause by proper action brought in the Superior Court of Douglas County.
P a r a g r a p h 11. Definitions.-As used in this Section, t h e following words or terms shall have the following meanings:
(a) The word 'Authority' shall mean the Douglasville-Douglas County Stadium Authority created by this Section.
( b ) The word 'Project' shall be deemed to mean a stadium facility to be used for athletic contests, games, meetings, trade fairs, expositions, agricultural events, cultural events, conventions and other public entertainments; together with parking facilities or parking areas in connection therewith, related buildings and the usual and convenient

Art. 11, Sec. 4, Par. 2
facilities appertaining to such undertakings, and extensions and improvements of such facilities.
(c) The t e r m 'Cost of the Project' shall embrace the cost of construction, the cost of all lands, properties, rights, easements and franchises acquired, the cost of all machinery and equipment, financing charges, interest prior t o and during construction, and f o r one (1) year a f t e r completion of construction, cost of engineering, architectural and legal expenses, and of plans and specifications, and other expenses necessary or incident to the financing herein authorized, or the construction of a n y project, the placing of the same in operation, and the condemnation of property necessary f o r such construction and operation. Any obligation or expense incurred f o r a n y of the foregoing purposes shall be regarded p a r t of the cost of the project and may be paid or reimbursed a s such out of the proceeds of revenue bonds irjsued under the provisions of this Section f o r such project.
(d) The term 'Revenue Bonds', 'Bonds' and 'Obligations' a s used in this Section, shall mean revenue bonds a s defined and provided for in +,he Revenue Bond Laws of Georgia (Ga. Laws 19.57, p. 36), amending the law formerly known a s the 'Revenue Certificate Law of 1937' (Ga. Laws 1937, p. 761), a s amended, and such type of obligations may be issued by the Authority a s authorized under said Revenue Bond Law and in addition, shall also mean obligations of the Authority, the issuance of which a r e hereinafter specifically provided f o r in this Section.
(e) Any project shall be deemed 'self-liquidating' if in the judgment of the Authority, the revenues and earnings to be derived by the Authority therefrom and all properties used, leased and sold in connection therewith will be sufficient to pay the principal and interest of the revenue bonds which may be issued to finance, in whole or in part, the cost of such project o r projects.
Paragraph 111. Porue9.s.-The Authority shall have powers:
(a) to have a seal and alter the same a t its pleasure;
(b) to accept gifts, grants and donations;
(c) to acquire by purchase, lease or otherwise, and to hold, lease and dispose of, real and personal property, of every kind and character for its corporate purposes;
(d) to acquire in its own name by purchase, on such terms and conditions and in such manner a s i t may deem proper, or by condemnation in accordance with the provisions of any and all existing laws applicable t o the condemnation of property f o r public use, real property, or rights of easements therein, or franchises necessary or convenient for its corporate purposes, and to use the name so long a s its corporate existence shall continue and to lease or make cont r a c t s with respect t o the use of or dispose of the same in a n y manner i t deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay f o r any property condemned under this Section except from the funds provided under the authority of this Section, and in a n y proceedings to condemn,

Art. 11, Sec. 4, P a r . 3
such orders may be made by the court having jurisdiction of the suit, action or proceedings a s may be just to the Authority and to the owners of the property to be condemned, and n o property shall be acquired under the provisions of this Section upon which any lien or encumbrance exists, unless a t the time such property is so acquired a sufficient sum of money be deposited in t r u s t to pay and redeem the f a i r value of such lien or encumbrance; and if the Authority shall deem it expedient to construct any project on any other lands the title t o which shall then be in the S t a t e of Georgia, the Governor i s hereby authorized t o convey, f o r and in behalf of the State, title t o such lands to t h e Authority upon payment to the general fund of the State, the reasonable value of such lands, such value to be determined by three appraisers to be agreed upon by the Governor and the chairman of the Authority;
(e) to appoint, select and employ officers, agents and employees, including engineering, architectural and construction experts, fiscal agents and attorneys, and fix their respective compensations;
( f ) to make contracts, leases, and to execute all instruments necessary or convenient, including contracts f o r construction of projects and leases or projects or contracts with respect t o t h e use of projects which it causes to be erected or acquired, and any and all persons, firms and corporations and any and all political subdivisions, departments, institutions or agencies of the S t a t e a r e hereby authorized to enter into contracts, leases or agreements, with the Authority upon such terms and for such purposes a s they deem advisable; and without limiting the generality of the above, authority is specifically granted to municipal corporations and counties and to the Authority to enter into contracts, lease agreements, or other undertakings relative t o the furnishing of services and facilities by the Authority to such municipal corporations and counties for a term not exceeding fifty (50) years;
(g) to construct, erect, acquire, own, repair, remodel, maintain, add to, extend, improve, equip, operate and manage projects, as hereinabove defined, the cost of any such project to be paid in whole o r in p a r t from the proceeds of revenue bonds of the Authority o r from such proceeds and any g r a n t from the United States of America o r any agency or instrumentality thereof;
( h ) to accept loans and g r a n t s of money, materials, or property of any kind from the United States of America o r any agency o r instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require;
( i ) to borrow money for any of its corporate purposes and t o issue negotiable revenue bonds payable solely from funds pledged for t h a t purpose, and t o provide f o r the payment of the same and f o r t h e rights of the holders thereof;
(J) t o establish charges, rates and regulations f o r users of the facilities and services of the Authority;
( k ) to do all things necessary or convenient to carry out the powers expressly given in this Section.
133

Art. 11, Sec. 4, P a r . 4
Paragraph IV. Revexue Bonds.-The Authority, or any authority or body which has or which inay in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds of the Authority, f o r the purpose of paying all or any p a r t of the cost a s herein defined of a n y one o r more projects. The principal and interest of such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest a t such rate or rates per annum, payable a t such time o r times not exceeding 40 years from their date or dates, or a t such times exceeding 40 years a s may hereafter be authorized by the bonding laws of the State of Georgia, shall be payable in such medium of payment a s to both principal and interest as may be determined by the Authority and may be made redeemable before maturity, a t the option of the Authority, a t such price or prices and under such terms and conditions a s may be fixed by the Authority in the resolution providing for the issuance of bonds.
P a r a g r a p h V. Same; forln; deizominations; registration; place of paylne?zt.-The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the denomination o r denominations of the bonds and the place o r places of payment of principal and interest thereof, which may be a t a n y bank or t r u s t company within o r without the State. The bonds may be issued in coupon or registered form, or both, a s the Authority may determine. Provisions inay be inade f o r the registration of any coupon bond a s to principal alone and also as to both the principal and interest.
P a r a g r a p h VI. Same; s i g n a t ~ ~ r e se;al.-In case a n y officer whose signature shall appear on any bonds, or whose facsimile signature shall appear on any coupon, shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient f o r all purposes, the same a s if he had remained in office until such delivery. A11 such bonds shall be signed by t h e chairman of the Authority and the official seal of the Authority shall be affixed thereto and attested by the secretary of the Authority and any coupons attached thereto shall bear the facsimile signature of the chairman of the Authority. Any coupon may bear the facsimile signature of such persons and any bond may be signed, sealed, and attested on behalf of the Authority by such persons a s a t the actual time of the execution of such bonds shall be duly authorized or hold the proper office, although a t the date of such bonds such persons nlay not have been so authorized or shall not have held such office.
Paragraph VII. S a ~ r l e ;negotiability; excnzption front taxation.-All revenue bonds issued under the provisions of this Section shall have and a r e hereby declared to have all the qualities and incidents of negotiable instruments under the laws of this State. Such bonds a r e declared to be issued for an essential public and governmental purpose and the said bonds and the income thereof shall be exempt from all taxation within the State.
P a r a g r a p h VIII. Sanze; sale; price.-The Authority may sell such
134

Art. 11, Sec. 4, P a r . 8
bonds in such manner and for such price as it may determine to be f o r the best interests of the Authority.
Paragraph IX. Sa~tze;proceeds of bonds.-The proceeds of such
bonds shall be used solely f o r the payment of $he cost of the project
or projects, and unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the t r u s t indenture, additional bonds may in like manner be issued, to provide the amount of any deficit, which, unless otherwise provided in the resolution authorizing the issuance of the bonds, or in the t r u s t indenture, shall be deemed t o be of the same, and shall be entitled to payment from t h e same fund, without preference or priority of the bonds f i r s t issued f o r the same purpose. If the proceeds of the bonds of any issue shall exceed the amount required for the purpose for which such bonds are issued, the surplus shall be paid into the funds, hereinafter provided, f o r the payment of principal and interest of such bonds.
Paragraph X. Same; i n t e ~ i mreceipts and certificates or tempo?.ary bonds.-Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds upon the issuance of the latter.
P a r a g r a p h XI. Same; replacew~entof lost or mutilated bonds.-The Authority may also provide f o r the replacement of a n y bonds which shall become mutilated or be destroyed or lost.
Paragraph XII. Cotzditions precedent to issztance; object of iss~tance. -Such revenue bonds may be issued without any other proceedings, or the happening of any conditions o r things other than those proceedings, conditions and things which are specified or required by this Section. In the discretion of the Authorty, revenue bonds of a single issue may be issued f o r the purpose of a n y particular project. Any resolution, providing f o r the issuance of revenue bonds under the provisions of this Section shall become effective immediately upon its passage and need not be published or posted, and any such resolution inay be passed a t any regular or special or adjourned meeting of the Authority by a majority of its members.
Paragraph XIII. C ~ e d i tnot p1crlgtd.-Revenue bonds issued under the provisions of this Section shall not be deemed to constitute a debt of the State of Georgia, Douglas County or the City of Douglasville o r a pledge of the faith and credit of said State, County, o r City, but such bonds shall be payable solely from the funds hereinafter provided for, and the issuance of such revenue bonds shall not directly, indirectly or contingently, obligate the said State, County or City to levy or to pledge any form of taxation whatever therefor, or to make any appropriation for the payment, and all such bonds shall contain recitals on their face covering substantially the foregoing provisions of this Paragraph.
P a r a g r a p h XIV. Sanie; t ~ u s ilude?~tut.ea s security.-In the discretion of the Authority, any issuance of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trustee, which may be any trust company or bank having the powers of a t r u s t company within or outside of the State. Such
135

Art. 11, Sec. 4, Par. 14
trust indenture may pledge or assign fees, tolls, revenues, and earnings to be received by the Authority. Either the resolution providing f o r the issuance of revenue bonds or such t r u s t indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders a s may be reasonable and proper and not i n violation of law, including covenants setting forth the duties of the Authority in relation t o the acquisition of property, the constructon of the project, the maintenance, operation, repair and insurance of the project, and the custody, safeguarding and application of all monies, and may also provide that any project shall be constructed and paid f o r under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory t o the original purchasers of the bonds issued therefor, and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other monies be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. I t shall also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this S t a t e to a c t a s such depositary and t o furnish such indemnifyin? bonds or pledge such securities as may be required by the Authority. Such indenture may s e t forth the rights and remedies of the bondholders as is customary in trust indentures securing bonds and debentures of corporations. I n addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper f o r the security of the bondholders. 411 expenses incurred in carrying out such t r u s t indenture may be treated a s a p a r t of the cost of maintenance, operation and repair of the project affected by such indenture.
P a r a g r a p h XV. Same; t o w h o m proceeds of b o n d s shall be paid.The Authority shall, in the resolution providing f o r the issuance of revenue bonds or in the t r u s t indenture, provide f o r the payment of the proceeds of the sale of the bonds to any officer or person who, o r any agency, bank or t r u s t company which shall a c t a s trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as this Section and such resolution or trust indenture may provide.
Paragraph XVI. Same; sinking funds.-The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal and interest on revenue bonds of the Authority a s the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds so pledged, for whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside a t regular intervals a s may be provided in the resolution or trust indenture, into a sinking fund which said sinking fund shall be pledged to and charged with the payment of ( 1 ) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds a s the same shall fall due, ( 3 ) the necessary charges of
136

Art. 11, Sec. 4, P a r . 16
paying agents for paying principal and interest, and (4) any premium upon bonds retired by call or purchase a s hereinabove provided. The use and disposition of such sinking funds shall be subject to such regulations a s may be provided in the resolution authorizing the issuance of the revenue bonds o r in the t r u s t indenture, but, except a s may otherwise be provided in such resolution or trust indenture, such sinking fund shall be a fund f o r the benefit of all revenue bonds without distinction or priority of one over another. Subject t o t h e provisions of the resolution authorizing t h e issuance of the bonds or i n the trust indenture, surplus monies in the sinking fund may be app!ied to the purchase or redemption of bonds and a n y such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.
P a r a g r a p h XVII. Same; vemedies of bondholde~s.-Any holder of revenue bonds issued under t h e provisions of this Section or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except t o the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either a t law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under t h e laws of t h e S t a t e of Georgia, o r granted hereunder, or under such resolution or trust indenture, and may enforce and compel performance of all duties required by this Section or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges f o r the use of the facilities and services furnished.
Paragraph XVIII. &me; refunding bonds.-The Authority is hereby authorized t o provide by resolution f o r t h e issuance of bonds of the Authority f o r the purpose of funding or refunding any revenue bonds issued under the provisions of this Section and then outstanding, together with accrued interest thereon. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority i n respect to the same, shall be governed by the foregoing provision of this Section insofar a s the same may be applicable.
Paragraph XIX. Same; exemption from taxation; covenant of State. -It is hereby found, determined and declared t h a t the creation of the Authority and the carrying out of its corporate purpose i s in all iespects f o r the benefit of the people of this State, and t h a t the Authority is a n institution of purely public charity and will be performing a n essential governmental function i n t h e exercise of t h e power conferred upon i t by this Section, and this State covenants with the holders of the bonds t h a t the Authority shall not be required to pay any taxes or assessments upon a n y of the property acquired or leased by it or under its jurisdiction, control, possession or supervisions or upon its activities in the operation or maintenance of t h e projects erected by it or any fees, tolls or other charges f o r the use of such projects or other income received by the Authority, and that the bonds of the Authority, their transfer, and the income therefrom shall a t all times be exempt from taxation within the State. The exemption from taxation herein provided shall not extend to tenants
137

Art. 11, Sec. 4, P a r . 19
o r lessees of the Authority; and shall not include exemptions from sales and use taxes on property purchased by the Authority or f o r use by the Authority.
Paragraph XX. Same; verlue and iu~.isdiction.-Any action to protect or enforce a n y rights under the provisions of this Section or a n v suit or action against such Authority shall be brought in the Superior Court of Douglas County, Georgia, and a n y action pertaining t o validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdiction of such actions.
Paragraph XXI. Same; vn2idation.-Bonds of the Authority shall be confirmed and validated in accordance with t h e procedure of t h e Revenue Bond Law, a s amended. The petition for validation shall also make party defendant to such action any municipality, county, authority, subdivision, or instrumentality of the State of Georgia which has contracted with t h e Authority for services and facilities of the project f o r which bonds a r e to be issued and sought to be validated, and such municipality, county, authority, subdivision, or instrumentalit y shall be required to show cause, if any, why such contract o r contracts and the terms and conditions thereof should not be inquired into by the Court and the validity of the terms thereof be determined and the contract or contracts adjudicated as security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect t o such bonds, against the Authority issuing the same, and any municipality, county, authority, subdivision or instrumentality contracting with the said Douglasville-Douglas County Stadium Authority.
Paragraph XXII. Saine; i n t e ~ e s tof bondholders protected.-While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of i t s officers, employees, or agents, shall not be diminished or impaired in any manner t h a t will affect adversely the interests and rights of the holders of such bonds, and no other entity, department, agency, or authority, will be created which will compete with the Authority to such a n extent a s to affect adversely the rights and interests of t h e holders of such bonds, nor will the S t a t e itself so compete with the Authority. The provisions of this Section shall be f o r the benefit of the Authority and the holders of a n y such bonds, and upon the issuance of bonds under the provisions hereof, shall constitute a contract with the holders of such bonds.
Paragraph XXIII. P u ~ p o s eof the Azcth0rity.-Without limiting the generality of any provisions of this Section, the general purpose of the Authority is declared t o be t h a t of acquiring, constructing, equipping, maintaining and operating a stadium facility f o r athletic contests, games, meetings, trade fairs expositions, agricultural events, cultural events, conventions and other entertainments, and parking facilities and parking areas in connection therewith; for acquiring, constructing, equipping, maintaining and operating recreational centers and areas, including but not limited to gymnasium and athletic facilities parking facilities or areas in connection therewith and related buildings and the usual and convenient facilities appertaining to such

Art. 11, Sec. 4, P a r . 23
undertakings; the extension and improvement of such facilities; acquiring the necessary property therefor, both real and personal, with the right to contract f o r the use of or to lease or sell a n y or all of such facilities, including real property, and to do a n y and all things deemed by the Authority necessary, convenient and desirable for and incident to the efficient and proper development and operation of such types of undertakings.
Paragraph XXIV. Rates; c h a ~ g e sand revcnzies; use.-The Authority is hereby authorized to prescribe and fix and collect rates, fees, tolls and charges, and to revise from time to time and collect such rates, fees, tolls and charges for the services, facilities or commodities furnished, including leases, concessions or subleases of its lands or facilities, or contracts f o r the use of its land and facilities, and t o determine the price and terms a t and under which its lands or facilities may be sold, and, in anticipation of the collection of the revenues and income of such undertakings or projects, i s authorized to issue revenue bonds a s herein provided to finance, in whole or in part the cost of the acquisition, construction, reconstruction, improvement, equipment, betterment or extension of its lands and facilities and t o pledge t o the punctual payment of said bonds and interest thereon, all o r a n y p a r t of the revenues and income of such undertakings or projects, including the revenues of in~provements,betterments or extensions thereto, thereafter made or the sale of any of i t s lands and facilities.
Paragraph XXV. Rules and regulations f o r operation of projects.I t shall be the duty of the Authority to prescribe rules and regulations f o r the operation of the project or projects constructed under t h e provisions of this Section.
Paragraph XXVI. Tort intrn2cnity.-The Authority shall have the same immunity and exemption from liability for torts and negligence a s Douglas County and the City of Douglasville; and the officers, agents and employees of the Authority when i n the performance of the work of the Authority shall have the same immunity and exemption from liability f o r torts and negligence a s the officers, agents and employees of Douglas County and the City of Douglasville when in the performance of their public duties or work.
Paragraph XXVII. Powers declared sctpplcmental and additional.The foregoing p a r a g r a p h s of this Section shall be deemed to provide a n additional and alternative method f o r the doing of the things authorized thereby and shall be regarded a s supplemental and additional to powers conferred by other laws, and shall not be regarded a s in derogation of a n y powers not existing.
Paragraph XXVIII. Liberal constiiiction of Section.-This Section being f o r the welfare of various political subdivisions of the S t a t e and i t s inhabitants, shall be liberally construed t o effect the purposes thereof.

Art. 12. Sec. 1, P a r . 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 S t a t e are, f i r s t : As the Supreme l a w : The Constitution of the United States, the laws of the United States in pursuance thereof and all treaties made under the authority of t h e United States.
Paragraph 11. Second i n A l ~ t h o r i t y .Second: As next in authority thereto : This Constitution.
Paragrauh 111. Third in Authority. Third: I n subordination to the foregoing: All laws now of force in this State, not inconsistent with this Constitution shall remain of force until t h e same a r e modified or repealed by the General Assembly.
Paragraph IV. Local and Private Acts. Local and private acts passed f o r t h e benefit of counties. cities, towns, corporations and nrivate persons, not inconsistent with the Supreme law, nor with this Constitution and which have not expired nor been repealed, shall have the force of S t a t u t e law, subject to judicial decision a s to their validity when passed, and to any limitations imposed by their own terms.
Paragraph V. Proceedings o f Courts Confirmed. All judgments, decrees, orders, and other proceedings, of t h e several courts of this State, heretofore made within t h e limits of their several jurisdictions, are hereby ratified and affirmed, subject only t o reversal by motion f o r a new trial, appeal, bill of review or other proceedings, in conformity with t h e law of force when they were made.
Paragraph VI. Existing O f f i c e r s . The officers of the Government now existing shall continue in the exercise of their several functions until their successors a r e duly elected or appointed and qualified. But nothing herein i s to apply to any officer, whose office may be abolished by this Constitution.
ARTICLE XIII. AMENDMENTS TO THE CONSTITUTION
Paragraph I. Proposals to amend t h e Constitution; n e w Constitution; submission to people. A new Constitution may be proposed by the General Assembly or by a constitutional convention. The proposal by the General Assembly to provide for a new Constitution or to amend this Constitution shall originate as a resolution in either the Senate or the House of Representatives and, if approved by twothirds of t h e members elected t o 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

Art. 13, Sec. 1, P a r . 1
may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative vote of two-thirds of t h e members elected t o each branch of t h e General Assembly i n a roll call vote entered on their respective Journals, if such action i s taken a t least two months prior t o the date of the election a t which such proposal is to be submitted.
The Governor, the Attorney General, and the Secretary of S t a t e shall meet and determine whether a proposed amendment is general, and if not general, shall determine w h a t political subdivision or subdivisions are directly affected by such proposed amendment. If a proposed amendment i s 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 i s 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, a s provided by law, in full, once each week for three consecutive weeks immediately preceding the date of the electior. 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 a n 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 t o the people of the entire S t a t e a t t h e next general election which is held in the even-numbered years, and if ratified by a majority of t h e electors qualified to vote f o r members of the General Assembly voting thereon, such amendment shall become a p a r t of this Constitution or shall become the new Constitution, a s 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 i t must be ratified by a majority of the electors qualified to vote f o r members of the General Assembly voting thereon in each such political subdivision before i t shall become a p a r t of this Constitution. The General Assembly, in the resolution, shall state the language to be used i n submitting the proposed amendment or proposal for a new Constitution. When more than one amendment is submitted a t the same time, they shall be so submitted a s to enable the electors t o 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 people 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 i n said convention shall be based on population a s near a s practicable. This Constitution shall not be revised, amended, or changed by

Art. 13, Sec. 1, P a r . 2
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. Veto Not 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 amendments. Unless the amendment itself shall provide otherwise, an amendment to this Constitution shall become effective on the f i r s t day of J a n u a r y following i t s ratification.
[Editorial note: Paragraph 1V was added in 1970.1
ARTICLE XIV.
MERIT SYSTEM
SECTIONI.
Paragraph I. State 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 t h e S t a t e Personnel Board shall be appointed by t h e Governor with the advice of t h e Senate. The f i r s t members shall be appointed f o r terms of three, five and seven years, respectively, t h e terms to be designated by the Governor. All subsequent appointments shall be f o r a period of seven years, except unexpired terms. No S t a t e official or employee shall be a member of t h e S t a t e Personnel Board.
Paragraph 11. Retirement Syste~jlA, ppropriation. The General Assembly is authorized to establish a n actuarially sound retirement system for employees under a merit system. Adequate appropriations shall be provided f o r the operation of a merit system and the S t a t e Personnel Board.
ARTICLE XV.
HOME RULE
Paragraph I. The General Assembly is authorized to provide by law f o r the self-government of municipalities and t o t h a t end is hereby expressly given the authority to delegate its powers so that matters pertaining to municipalities upon which, prior to t h e ratification of this amendment, it was necessary for the General Assembly to act, may be dealt with without the necessity of action by t h e General Assembly. Any powers granted a s provided herein shall be exercised subject only to statutes of general application pertaining to municipalities.
[Editorial note: By an amendment ratified on November 2, 1954, the original home rule provision of the Constitution was stricken In its entirety and replaced by the above provision.]

Art. 15, Sec. 2, Par. 1

Paragraph I. Home Rule for Counties. ( a ) The governing au-

thority of each county shall have legislative power t o adopt clearly

reasonable ordinances, resolutions or regulations relating to its proper-

ty, affairs and local government f o r which no provision h a s been made

by

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 a s provided in Sub-

paragraph ( b ) . This, however, shall not restrict the authority of the

General Assembly by general law to further define this power or to

broaden, limit or otherwise regulate the exercise thereof. 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 an incident of its home rule power, amend or repeal the local acts applicable to its governing authority by following either of the procedures hereinafter set forth :
1. Such local acts may be amended or repealed by a resolution o r 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 in the official county organ once a week for 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 the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county f o r the purpose of examination and inspection by the public. The Clerk of the Superior Court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. No amendment or repeal hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum a s provided in 2. of this Subparagraph or to change or repeal a local a c t of the General Assembly ratified in a referendum by the electors of such county unless a t least twelve months have elapsed after such referendum. No amendment hereunder shall be valid if inconsistent with a n y provision of this Constitution or if provision h a s been made therefore by general law.
2. Amendments to or repeals of such local acts o r ordinances, resolutions or regulations adopted pursuant to Subparagraph (a) hereof may be initiated by a petition filed with the Judge of the Probate Court of the county containing, in cases of counties with a population of five thousand or less, the signatures of a t least twenty-five per centum of the electors registered t o vote in the last general election; in cases of counties with a population of more t h a n five thousand but not more than f i f t y thousand, a t least twenty per centum of the electors registered to vote in the last general election; and in cases of a county with a population of more t h a n f i f t y thousand, a t least ten per centum of the electors registered to vote in the last general election, which petition shall specifically set forth the exact language of the proposed amendment or repeal. The Judge of the Probate Court shall determine the validity of such petition within 60 days of its
143

Art. 15, Sec. 2, Par. 1
being filed with the Judge of the Probate Court. I n the event the Judge of the Probate Court determines t h a t such petition is valid, i t shall be his duty to issue the 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 the county for their approval or rejection. Such call shall be issued not less than ten nor more than sixty days a f t e r the date of the filing of the petition. He shall set the date of such election f o r a day not less than sixty nor more t h a n ninety days a f t e r the date of such filing. The Judge of the Probate Court shall cause a notice of the date of said election t o be published in the official organ of the county once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state t h a t a copy thereof is on file in the office of the Judge of the Probate Court of the county for the purpose of examination and inspection by the public. The Judge of the Probate Court shall furnish anyone, upon written request, a copy of the proposed amendment o r repeal. If more than one-half of the votes cast on such question a r e f o r approval of the amendment or 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 the county and i t shall be the duty of the Judge of the Probate Court 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 the duty of the Judge of the Probate Court to canvass the returns and declare and certify the result of the election. I t shall be his further duty to certify the result thereof to the Secretary of State i n accordance with the provisions of P a r a g r a p h 4 of this Section. A referendum on a n y such amendment o r repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with a n y provision of this Constitution or if provision has been made therefor by general law.
In t h e event t h a t the Judge of the Probate Court determines t h a t such petition was not valid, he shall cause to be published in explicit detail the reasons why such petition is not valid: Provided, however. t h a t in a n y proceeding in which t h e validity of the petition is a t issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county in the week immediately following the date on which such petition is declared to be not valid.
(c) The power granted to counties in Subparagraphs (a) and (b) above shall not be construed to extend t o the following matters o r any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local acts of t h e General Assembly to the extent t h a t the enactment of such local acts is otherwise permitted under this Constitution:
1. Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the county governing authority.
2. Action affecting the composition, form, procedure for election or appointment, compensation and expenses and allowances in the nature of compensation, of the county governing authority.
144

Art. 15, Sec. 2, Par. 1
3. Action defining any criminal offense or providing for criminal punishment.
4. Action adopting a n y form 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 the exercise of the power of eminent domain.
7. Action affecting any court or the personnel thereof.
8. Action affecting any public school system.
(d) The power granted in Subparagraphs ( a ) and (b) of this Paragraph shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except a s is incident to the exercise of 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.
[Editorial note: Ordinary was changed to Judge of Probate Court by an amendment ratifred Nov. 5, 1974.1
Paragraph 11. S a l a r y of C o z ~ n t yEmployees; H o w Fixed. The governing authority of each county i s authorized t o 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. C o u n t y Planning 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 state 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 com-
mission.
Paragraph IV. Filing and Publication of Laws. No amendment or revision of any 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 copy of the required notice of publication, and a n affidavit of a duly authorized representative of t h e newspaper in which such notice was published to the effect that said notice has been published a s provided in said Paragraphs, has been filed with the Secretary of State. The Secretary of S t a t e shall provide f o r the 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 Consti-
145

Art. 15, Sec. 2, Par. 5
tution of Georgia of 1945 and amendments thereto and this amendment shall not operate to repeal any existing local constitutional amendments.
[Editorial note: All of Section TI was added by an amendment ratified Nov. 8. 1966.1
ARTICLE XVI.
SLUM CLEARANCE AND REDEVELOPMENT
The General Assembly may provide by law t h a t any city or town, or any housing authority now or hereafter established, or any county mav undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of a r e a s which a r e predominantly slum or blighted areas, the preparation of such areas f o r reuse, and the sale or other disposition of such areas to private enterprise for private uses or to public bodies for public uses. Any such work shall constitute a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof.
[Editorial note: This article was added by an amendment ratified on Nov. 2, 1954.1
The General Assembly may establish procedures whereby any municipal corporation having a population of more than 400,000 according to the last or any future United States Decennial Census may carry out and enforce the removal or demolition or closing of buildings or structures, and clearing of premises, not of necessity a p a r t of any slum or blighted area, a t public expense, after an administrative determination that a building or structure is unfit for human habitation, or is unfit for commercial, industrial or business occupancy or use and is economically unrepairable, under standards for such determination as prescribed by the General Assembly, and which may provide for commencement of an administrative proceeding in rem provided the owner and person having an interest in the real property involved are given notice and a n opportunity to appear and be heard on the question of unfitness or unrepairability of the building or structure a t issue. All expenses of such removal or demolition, or closing and clearing of premises and all costs of any such proceeding may be included in the amount of the lien against the property on which the building or structure is located. All such proceedings and work shall constitute and are hereby declared to be a governmental function undertaken for public purposes, and the powers of taxation and eminent domain may be exercised and public funds expended in furtherance thereof.
[Editorial note: The last above paragraph was added by an amendment ratified November 5. 1974.1
ARTICLE XVII.
PUBLIC TRANSPORTATION OF PASSENGERS FOR HIRE
P U B L I CTRANSPORTATIOOFN PASSENGEFORRSHIIRE IN THE METROPOLITAANREAOF ATLANTA
Paragraph I. The acquisition, establishment, operation, or administration of a system of public transportation of passengers f o r hire within the metropolitan area of t h e City of Atlanta and the Counties

Art. 17, Sec. 1, P a r . 1
of Fulton, DeKalb, Cobb, Clayton and Gwinnett, is a n essential governmental function and a public purpose for which the powers of taxation and eminent domain may be exercised and public funds of said counties and municipality expended.
Paragraph 11. The General Assembly may create a public corporation or authority a s a n instrumentality of the City of Atlanta and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett, or any one or 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 f o r the accomplishment of t h e aforesaid function and purpose.
Paragraph 111. The General Assembly may provide that such public corporation or authority, a s a n instrumentality of the 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 any agency or commission of the State.
Paragraph IV. The General Assembly may authorize the City of Atlanta, and the Counties of Fulton, DeKalb, Cobb, Clayton and Gwinnett to contract with such public corporation or authority for the performance of the aforesaid function and purpose; to pay for the public transportation services and facilities contracted for, including the payment of the principal and interest on any obligations issued by such public corporation or authority in order to acquire the necessary facilities and property therefor and in connection therewith to establish and maintain reasonable reserves; to levy taxes to the extent necessary to fulfill the obligation incurred in such contracts; and to convey to such public corporation or authority property or facilities, or render services, which may be useful to the establishment, operation or administration of a public transportation system within the aforesaid metropolitan area; provided that no county shall have the power to levy any t a x on any subject of taxation situated within the territorial limits of any incorporated municipality which has 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 he limited or restricted by any existing provision of or amendment to this Constitution, or any general or special law heretofore enacted, and the authority granted by this Article to the General Assembly may be exercised by general, special or local laws without regard to uniformity.
[Editorial note: Article XVII was added in 1964.1

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

Table of Amendments

TABLE OF AMENDMENTS

Proposed

Ratified

Rejected

Number Local & Number Local & Number Local &

General Special General Special General Special

Total

196

899

147

685

49

216

Total number of amendments through 1974-831
NOTE: For a brief analysis of these amendments in chronological order, see Local Amendments to the Constitutions of 1877 and 1945. Atlanta: Office of Legislative Counsel, 1961. See also "Constitutional Amendments," Georgia State B a r Journal, February, 1969, pp. 331-345.