CONSTITUTION S T A T E OF G E O R G I A
RAflFlED, NOVEMBER 2, 1976 PROCLAIMED, DECEMBER 22, 1976
CI-IRONOEOGECAl.LIST OF ORGANIC ACTS I%ND STATE CCJ!dS'TBT'UTIONS OF GEORC1A
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Ctrarter ef the Ca!ony of Georgia, 1732. Gram of Gcorgt: I i , King of Great Britain.
Coristitution of 1777. Constiturio~alConvention, Ocl. 1, 1776-Feb. 5 , 1747.
Constitution o f 1780. Conqtjtutronai Convention, irdov. 4-24. 3 788: Jan. 4-20, 1789; 1Vz) 4-6, i7R9; May E6, 1795.
Constii-t:iionof 1798. Constitutional Convention, May 8-(30?),1798.
Consti-utiori of 1861. Constirutionat Cornention, far:. 15-March 23, 1861,
Csi~stitclionof % 865. Cctns:itutionali Convention, Oct. 25-Nnv. 8, 1865.
Ccnstiiurion of 1877. Coi%stiiulionaCl onven?iun, July I 1, f 677-August 25, B 877.
Cotsstttutioxr of B 945. Ratified General Ejection, August 7, 1945; Governor's Psoc?m~atinnA, ugust 13,1945.
Cu!isrirlriic~nof 1!976. Ratified General Election, P~overrrbcr2, 1976; GovernorJ, Proclamalion, December 22, 1976.
[Editorial Note: This compilation of the Georgia Constitution does not include amendments which are not general within the meaning o f Paragraph I, Section 1 , Article XII.]
CONSTITUTION
OF THE
STATE OF GEORGIA
TABLE OF CONTENTS
Page
ARTICLE I. BillofRights . . . . . . . . . . . . . . . . . . . . . . . 5 ARTICLE 11. Elective Franchise . . . . . . . . . . . . . . . . . . . 10 ARTICLE 111. Legislative Branch . . . . . . . . . . . . . . . . . . . 12
ARTICLE IV Constitutional Boards and
Commissions . . . . . . . . . . . . . . . . . . . . . . 24 ARTICLE V. Executive Branch . . . . . . . . . . . . . . . . . . . . 30 ARTICLE VI. Judiciary . . . . . . . . . . . . . . . . . . . . . . . . . 35 ARTICLE VII. Taxation.. . . . . . . . . . . . . . . . . . . . . . . . . 47 ARTICLE VIII. Education . . . . . . . . . . . . . . . . . . . . . . . . . 64
ARTICLE IX. Counties and Municipal
Corporations . . . . . . . . . . . . . . . . . . . . . . 70
ARTICLE X. Retirement Systems and
Educational Scholarships . . . . . . . . . . . . . . 85
ARTICLE XI. The Laws of General Operation
in Force in this State. . . . . . . . . . . . . . . . . 93 ARTICLE XII. Amendments to the Constitution . . . . . . . . . 94 ARTICLE XIII. Miscellaneous Provisions . . . . . . . . . . . . . . . 96
CERTIFICATE GEORGIA, FULTON COUNTY
This is to certify that, pursuant to the provisions of Article XIII, Section I, Paragraph I11 of the proposed new Constitution of the State of Georgia, t h e undersigned, who constitute the entire membership of the Commission created by said Paragraph, have met, have performed the duties prescribed in said Paragraph, and have incorporated the separate amendments referred to in said Paragraph into the Constitution which is attached. The undersigned further certify that the attached document is being delivered to the Secretary of State and, as provided in said Paragraph, such document, on January 1, 1977, shall be the Constitution of the State of Georgia of 1976.
This 22nd day of December, 1976.
' &t. f-/
Frank H. Edwards, Legislative Counsel
GENERAL CONSTITUTIONALAMENDMENTS ADOF'TED SINCE RATIFICATION O F CONSTITUTION OF 1976
Amendment t o Article VII, Section I, Paragraph IV of the Constitution so as to provide that any disabled veteran who is a citizen and resident of Georgia shall be granted an exemption from all ad valorem taxes on the vehicle he owns and on which he actually places the free HV motor vehicle license tag he receives from the State of Georgia.
Amendment t o Article VII, Section 11, Paragraph 111 of the Constitution so as t o authorize the General Assembly to provide for additional penalty assessments in criminal cases and provide that the proceeds derived therefrom may be used for the purpose of providing training t o law enforcement officers and prosecuting officials.
Amendment t o Article I, Section 111, Paragraph 1 of the Constitution so as t o provide that when private property is taken o r damaged for any public transportation purposes by the State and the counties and the municipalities of the State, just and adequate compensation therefor may be paid when the same has been finally fixed and determined as provided by law.
Amendment to Article VII, Section I, Paragraph IV of the Constitution so as to authorize the General Assembly to exempt from the return of, or payment of the ad valorem tax on, intangible personal property when the reasonable costs, as specified by law, of receiving, processing, and other administration of an intangible personal property tax return exceeds the liability of the taxpayer for the tax.
Amendment t o Article I, Section 11, Paragraph XI of the Constitution so as t o change the provisions relating t o nonprofit bingo games so as to authorize the General Assembly'to legalize, define, and regulate nonprofit bingo games.
Amendment t o Article I of the Constitution by adding a new Section t o be designated Section IV so as t o authorize the General Assembly t o 'provide by general law for the recall of public officials who hold elective office.
Amendment t o Article XII, Section I, Paragraph IV of the Constitution so as t o provide for the effective date of amendments to the Constitution.
Amendment t o Article VII, Section I, Paragraph IV of the Constitution so as t o increase the homestead exemption from $12,500.00 to $25,000.00 for disabled veterans who have been disabled due to loss, or loss of use, of both lower extremities, such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair, or blindness in both eyes, having only light perception, plus loss, or 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 affects the functions of balance or propulsion as t o preclude locomotion without resort to a wheelchair and t o provide for a homestead exemption equal to the homestead exemption received by the veteran during his lifetime for his unremarried widow or minor children so long as his unremarried widow or minor children continue t o actually occupy the home as a residence and homestead.
Amendment t o Article 111, Section VIII, Paragraph XI1 of the Constitution so as t o authorize the General Assembly t o provide by law for compensating innocent victims of crime and to authorize the General Assembly to provide for additional penalty assessments in criminal cases and provide that the proceeds derived therefrom may be used for the specific purpose of compensating innocent victims of crime.
Amendment to Article XII, Section I, Paragraph I of the Constitution so as to provide for the publication of a summary of each proposed general amendment to the Constitution.
Amendment to Article VI, Section V, Paragraph I of the Constitution so as to authorize the General Assembly to provide by law for the processing and disposition, by the Claims Advisory Board, of claims against the State which do not exceed $500.00.
Amendment to Article 111, Section VIII, Paragraph XI1 of the Constitution so as to authorize the General Assembly to provide by law for a health insurance plan for retired public school teachers and to further authorize the General Assembly to appropriate funds to finance the administration of the plan and the employer contributions of such retired persons.
Amendment to Article 111, Section VIII, Paragraph XI1 of the Constitution so as to provide for funds, insurance or a fund or a combination thereof for the purpose of providing indemnification with respect to the death of any law enforcement officer, fireman or prison guard killed in the line of duty.
Amendment to Article 11, Section 111, Paragraph I11 of the Constitution so as to require a notice of candidacy of write-in candidates in special elections.
RATIFIED NOVEMBER 7, 1978.
Amendment to Art. VII, Sec. 111, Par. 1, subpar. (c) of the Constitution so as to provide that general obligation debt may be incurred to provide educational facilities for county and independent school systems and to provide that, when the construction of such facilities has been completed, the title to such facilities shall be vested in the respective local boards of education.
Amendment to Art. VIII, Sec. IV of the Constitution by adding a new paragraph to be designated Paragraph 111 so as to provide that the State Board of Education shall establish a program whereby certificated teachers of Georgia may be reimbursed for tuition costs for attending colleges or universities in Georgia to maintain their certification, subject to certain limitations and requirements.
Amendment to Art. X , Sec. I, Par. V of the Constitution so as to authorize the General Assembly to provide by law for the increase of retirement or other benefits of retired persons who have retired or who retire in the future pursuant to the Georgia Firemen's Pension Fund and to provide that no formerly retired person shall receive any greater benefits than those benefits provided by law to be received upon retirement by members of the Fund who have not retired.
Amendment to Art. 111, Sec. VIII, Par. XI1 of the Constitution so as to authorize the State to provide an indemnification of up to $50,000 for law enforcement officers, firemen, and prison guards permanently disabled in the line of duty.
Amendment to Art. VII, Sec. I, Par. IV of the Constitution so as to increase the income exclusion on homestead exemptions for the elderly to $8,000.00.
Amendment to Art. VI, Sec. IV of the Constitution by adding a new paragraph to be designated Paragraph X I so as grant jurisdiction to the recorder's, mayor's, or police courts of-any municipality to tiy and dispose of cases where a person is charged with the possession of one ounce or less of marijuana.
Amendment to Art. VI, Sec. IV, Par. VII of the Constitution so as to permit the court, without a jury, to render default judgements in tort actions.
Art. 1, Sec. 1, Par. 7
Amendment to Art. VI, Sec. XIV, Par. VI of the Constitution so as to provide that the venue of juvenile court cases may be determined by reference to the Juvenile Court Code of Georgia.
Amendment to Art. VII, Sec. I, Par. I11 of the Constitution so as to authorize the General Assembly to provide by law for the taxation of life insurance companies on the basis of gross direct premiums received within the unincorporated areas of counties and, in connection therewith, to authorize the reduction of ad valorem taxes within the unincorporated areas of counties.
RATIFIED NOVEMBER 4. 1980.
CONSTITUTION OF THE STATE OF GEORGIA
PREAMBLE
To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen, and transmit to posterity the enjoyment of liberty, we the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.
ARTICLE I.
BILL OF RIGHTS
SECTION I.
RIGHTS OF PERSONS
Paragraph 1. Life, Liberty, and Property. No person shall be deprived of life, liberty, or property, except by due process of law.
Paragraph 11. Freedom of Conscience. All men have the natural and inalienable right to worship God, each according to the dictates of his own conscience, and no human authority should, in any case, control or interfere with such right of conscience.
Paragraph 111. Religious Opinions; Liberty of Conscience. No inhabitant of this State shall be molested in person or property, or prohibited from holding any public office, or trust, on account of his religious opinions; but the right of liberty of conscience shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State.
Paragraph IV. Liberty of Speech or of the Press Guaranteed. No law shall ever be passed t o curtail, or restrain the liberty of speech, or of the press; any person may speak, write and publish his skntiments, on all subjects, being responsible for the abuse of that liberty.
Paragraph V. Arms, Right to Keep and Bear. The right of the people t o 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 VI. Right to Assemble and Petition. The people have the right to assemble peaceably for their common good and to apply to those vested with the powers of government for redress of grievances by petition or remonstrance.
Paragraph VII. Attainder; Ex Post Facto and Retroactive Laws, Etc. No bill of attainder, ex post facto law, retroactive law, or law impairing the obligation of contracts, or making irrevocable grant of special privileges or immunities, shall be passed.
Art. 1, Sec. 1, Par. 8
Paragraph VIII. Libel; Jury in Criminal Cases; New Trials. In all prosecutions or indictments for libel the truth may be given in evidence; and the jury in all criminal cases, shall be the judges of the law and the facts. The power of the judges t o grant new trials in case of conviction is preserved.
Paragraph IX. Right to the Courts. No person shall be deprived of the right t o prosecute o r defend his own cause in any of the courts of this State, in person, by attorney, or both.
Paragraph X. Searches, Seizures, and Warrants. The right of the people t o be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and n o 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 XI. Benefit o f Counsel; Accusation; List of Witnesses; Compulsory Process; Trial by Jury. Every person charged with an offense against the laws of this State shall have the privilege and benefit of counsel; shall be furnished, on *demand, with a copy of the accusation, and a list of the witnesses on whose testimony the charge against him is founded; shall have compulsory process t o obtain the testimony of his own witnesses; shall be confronted with the witnesses testifying against him; and shall have a public and speedy trial by an impartial jury.
Paragraph XII. Habeas Corpus. The writ of Habeas Corpus shall not be suspended.
Paragraph XIII. Crimination o f Self Not Compelled. No person shall be compelled t o give testimony tending in any manner to criminate tiimself.
Paragraph XIV. Bail; Fines; Punishment; Arrest, 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 XV. Jeopardy o f Life or Liberty More Than Once Forbidden. No person shall be put in jeopardy of life or liberty more than once for the same offense, save on his, or her own motion for a new trial after conviction, or in case of mistrial.
Paragraph XVI. Treason. Treason against the State of Georgia, shall consist in levying war against her; adhering t o her enemies; giving them aid and comfort. No person shall be convicted of treason, except on the testimony of two witnesses to the same overt act, or confession in open court.
Paragraph XVII. Conviction. Effect of. No conviction shall work corruption of blood, or forfeiture of estate.
Paragraph XVIII. Banishment and Whipping as Punishment for Crime. Neither banishment beyond the limits of the State, nor whipping, as a punishment for crime, shall be allowed.
Paragraph XIX. Slavery and Involuntary Servitude. There shall be within the State of Georgia neither slavery nor involuntary servitude, save as a punishment for crime after legal conviction thereof.
Paragraph XX. Imprisonment for Debt. There shall be n o imprisonment for debt.
Art. 1, Sec. 1, Par. 21
Paragraph XXI. Costs. No person shall be compelled t o pay costs except after conviction on final trial.
Paragraph XXII. Status of the Citizen. The social status of the citizen shall never be the subject of legislation.
Paragraph XXIII. Exemptions from Levy and Sale. There is hereby exempt from levy and sale, by virtue of any process whatever under the laws of this State, the property of every head of a family, or guardian, or trustee of a family of minor children, or every aged or infirm person, or person having the care and support of dependent females of any age, who is not the head of a family, realty or personalty, or both, t o the value in the aggregate of sixteen hundred dollars; and the General Assembly shall have authority t o provide the manner of exempting said property, the sale, alienation and encumbrance thereof, and to provide for the waiver of said exemption by the debtor. The laws now of force with respect to the exemptions provided herein shall remain in full force until changed by law.
Paragraph XXIV. Wife's Separate Estate. All property of the wife at t h e 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.
Paragraph XXV. Enumeration of Rights Not Denial of Others. The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny t o the people any inherent rights which they may have hitherto enjoyed.
SECTION 11.
ORIGIN AND STRUCTURE O F GOVERNMENT
Paragraph I. Origin and Foundation of Government. All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people, and at all times, amenable t o them.
Paragraph 11. State Rights. The people of this State have the inherent, sole and exclusive right of regulating their internal government, and the police thereof, and of altering and abolishing their Constitution whenever it may be necessary t o their safety and happiness.
Paragraph 111. Protection the Duty o f Government. Protection t o person and property is the paramount duty of government, and shall be impartial and complete.
Paragraph IV. 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, at the same time, exercise the functions of either of the others, except as herein provided.
Paragraph V. Civil Authority Superior to Military. The civil authority shall be superior t o the military, and no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except by the civil magistrate, in such manner as may be provided by law.
Paragraph VI. Contempts. The power of the Courts to punish for contempt shall be limited by legislative acts.
Paragraph VII. General Laws; Uniform Operation; How Varied. Laws of a general nature shall have uniform operation throughout the State, and no special
Art. 1, Sec. 2, Par. 7
law shall be enacted in any case for which provision has been made by an existing general law. No general law affecting private rights, shall be varied in any particular case, by special legislation, except with the free consent, in writing, of all persons t o be affected thereby; and n o person under legal disability to contract, is capable of such consent.
Paragraph VIII. What Acts Void. Legislative acts in violation of this Constitution, or the Constitution of the United States, are void, and the Judiciary shall so declare them.
Paragraph IX. Citizens, Protection o f All citizens of the United States, resident in this State, are hereby declared citizens of this State, and it shall be the duty of the General Assembly t o enact such laws as will protect them in the full enjoyment of the rights, privileges and immunities due t o such citizenship.
Paragraph X. Appropriations t o Churches, Sects, Etc., Forbidden. No money shall ever be taken from the public Treasury, directly or indirectly, in aid of any church, sect, or denomination of religionists, or of any sectarian institution.
Paragraph XI. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws, except that the General Assembly may by law provide that the operation of a nonprofit bingo game shall not be a lottery and shall be legal in this State. The General Assembly may by law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games.
[Editorial Note: Paragraph XI was altered by an amendment ratified on
November 7, 1978.1
Paragraph XII. Lobbying; Penalties. Lobbying is declared to be a crime, and the General Assembly shall enforce this provision by suitable penalties.
Paragraph XIII. Fraud; Concealment o f Property. The General Assembly shall have the power t o provide for the punishment of fraud; and, shall provide by law, for reaching property of the debtor concealed from the creditor.
SECTION 111.
GENERAL PROVISIONS
Paragraph 1. Private Ways; Just Compensation; Relocation Assistance; Land Acquisition Policies, Practices and Expenses. 1 . In case of necessity, private ways may be granted upon just compensation being first paid by the applicant. Private property shall not be taken, or damaged, for public purposes, without just and adequate compensation being first paid, except that when private property is taken or damaged for public road and street purposes or for any public transportation purposes by the State and the counties and the municipalities of the State, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law, but such just and adequate compensation shall then be paid in preference to all other obligations except bonded indebtedness. The General Assembly may by law require the condemnor to make prepayment against adequate compensation as a condition precedent to the exercise of the right of eminent domain and provide for the disbursement of the same t o the end that the rights and equities of the property owner, lien holders, and the State and its subdivisions may be protected.
[Editorial Note: Paragraph I was altered by an amendment ratified on November
7, 1978.1
Art. 1. Sec. 3. Par. 1
2. Notwithstanding any other provisions of this Constitution, the General Assembly of the State of Georgia may by law require the State and State agencies and institutions, and counties, municipalities, school districts, political subdivisions, public authorities, public agencies, public corporations and public instrumentalities created under this Constitution or the laws of this State: (i) t o provide relocation assistance and payments t o 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 as are, by Section 210 of that certain Act of Congress of the United States of America known as the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Public Law 91-646, 91st Congress, approved January 2, 1971), required to be made or furnished t o such displaced persons by such public entities in order that federal financial assistance can be made available to such public entities with respect t o 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 are acquired in connection with the acquisition of real property for public projects or programs, such policies, practices, payments and reimbursements t o 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 that the foregoing public entities establish and implement or pay and &imburse, as the case may be, in acquiring real property for a public project or program in order that federal financial assistance can be made available t o such public entities with respect t o 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 or programs, the establishing of all of such policies and practices and the paying o r reimbursing of all of such necessary expenses, are declared t o 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 as financial assistance by the United States of America and shall constitute governmental functions undertaken for public purposes, and the powers of taxation may be exercised and public funds expended in furtherance thereof.
Paragraph 11. Tidewater Titles Confirmed. The Act of the General Assembly approved December 16, 1902, which extends the title of ownership of lands abutting on tidal water t o low water mark is hereby ratified and confirmed.
SECTION IV.
RECALL
Paragraph I. Recall o f Public Officials Holding Elective Office. The General Assembly is hereby authorized t o provide by general law for the recall of public officials who hold elective office. The procedures, grounds and all other matters relative t o such recall shall be provided for in such law. On the date any such law becomes effective, all local laws relative t o recall shall stand repealed, and n o local law relative to recall shall be enacted after such date.
[Editorial Note: Section IV, Paragraph I was added by an amendment ratified
November 7, 1978.1
Art. 2, Sec. 1, Par. 1
ARTICLE 11.
ELECTIVE FRANCHISE
SECTION I.
QUALIFICATIONS AND DISABILITIES O F ELECTORS
Paragraph I. Elections by Ballot; Registration of Voters. Elections by the people shall be by ballot, and only those persons shall be allowed t o 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 an elector and entitled t o register and vote at any election by the people: Provided, that no soldier, sailor or marine in the military or naval services of the United States shall acquire the riihts of an elector by reason of being stationed on duty in this State.
Paragraph 111. Qualifications of Electors. Every citizen of this State shall be entitled t o register as an elector, and t o vote in all elections in said State, who is not disqualified under the provisions of Paragraph I of Section I1 of this Article, and who possesses the qualifications prescribed in Paragraph I1 of Sections I and I1 of this Article or who will possess them at the date of the election occurring next after his registration, and who in addition thereto comes within either of the classes provided for in the two following subdivisions of this paragraph.
1. All persons who are 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 the United States or of this State and correctly write the same in the English language when read t o them by any of the registrars, and all persons who solely because of physical disability are unable t o comply with the above requirements but who can understand and give a reasonable interpretation of any paragraph of the Constitution of the United States or of this State that may be read t o them by any of the registrars.
SECTION 11.
REGISTRATION REQUIREMENTS AND APPEALS
Paragraph I. Registration o f Electors; Who Disfranchised. The General Assembly may provide, from time t o time, for the registration of all electors, but the following classes of persons shall not be permitted t o register, vote or hold any office, or appointment of honor, or trust in this State, to-wit: 1st. Those who shall have been convicted in any court of competent jurisdiction of treason against the State, of embezzlement of public funds, malfeasance in office, bribery or larceny, or of any crime involving moral turpitude, punishable by the laws of this State with imprisonment in the penitentiary, unless such persons shall have been pardoned. 2nd. Idiots and insane persons.
Paragraph 11. Residence Requirements ro Register and Vote. The General Assembly shall provide by law for the durational residence requirements necessary t o register and vote at any election by the people except that n o person shall be entitled t o register and vote unless he shall have resided in the State at least thirty (30) days immediately preceding the election at which he seeks to vote.
Paragraph 111. Appeal From Decision o f Registrars. Any person t o whom the
Art. 2. Sec. 2. Par. 3
right of registration is denied by the registrars upon the ground that he lacks the qualifications set forth in the two subdivisions of Paragraph I11 of Section I of this Article shall have the right to take an appeal, and any citizen may enter an appeal from the decision of the registrars allowing any person to register under said subdivisions. All appeals must be filed in writing with the registrars within ten days from t h e date of the decision complained of and shall be returned by the registrars t o the office of the clerk of the superior court t o be tried as other cppeals.
Paragraph IV. Judgment o f Force Pending Appeal. Pending an appeal and until the final decision of the case, the judgment of the registrars shall remain in full force.
SECTION 111.
GENERAL PROVISIONS
Paragraph I. Privilege o f Electors from Arrest. Electors shall, in all cases, except for treason, felony, larceny, and breach of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from the same.
Paragraph 11. Holder o f Public Funds. No person who is the holder of any public money, contrary t o law, shall be eligible to any office in this State until the same is accounted for and paid into the Treasury.
Paragraph 111. Write-in Votes. No person elected on a write-in vote shall be eligible t o hold office unless notice of his intention of candidacy was given twenty or more days prior t o the election by the person to be a write-in candidate, or by some other person or group of persons qualified t o vote in the subject election, as follows: In a State general or special election, t o the Secretary of State and by publication in a paper of general circulation in the State; in a general or special election of county officers, to the Judge of the Probate Court of the county in which he is t o be a candidate and by publication in the official organ of the same county; in a municipal general or special election, t o the mayor or similar officer thereof and by publication in the official gazette of the municipality holding the election. The General Assembly may enact other reasonable regulations and require compliance therewith as a condition of eligibility to hold office in this State.
In the event an amendment t o the Constitution completely revising Article I1 is ratified at the 1978 general election, the provisions of this Paragraph shall be repealed o n June 30, 1979.
[Editorial Note: Paragraph 111 was altered by an amendment ratified on November 7, 1978.1
Paragraph IV. Returns Made to Whom. Returns of election for all civil officers elected by the people, who are to be commissioned by the Governor, and also for members of the General Assembly, shall be made to the Secretary of State, unless otherwise provided by law.
Paragraph V. Sale o f Liquors on Election Days. The General Assembly shall by law forbid the sale of intoxicating drinks in this State or any political subdivision thereof o n all days for the holding of any election in the area in which such election is held and prescribe punishment for any violation of the same.
A R T I C L E 111. LEGlSLA TIVE BRANCH
SECTION I.
LEGISLATIVE POWER, WHERE VESTED
Paragraph I. Power Vested in General Assembly. The legislative power of the State shall be vested in a General Assembly which shall consist of a Senate and House of Representatives.
SECTION 11.
SENATORIAL DISTRICTS
Paragraph I. Apportionment o f Senate. T h e S e n a t e shall consist o f n o t less than fifty-four and not more than fifty-six members. Each Senator shall be elected from and represent one Senatorial District. The General Assembly may create, rearrange and change Senatorial Districts as it deems proper. The a p p o r t i o n m e n t o f t h e Senate shall be changed by the General Assembly, if necessary, after each United States decennial census becomes official.
Paragraph 11. Qualifications o f Senators. T h e Senators shall be citizens of the United States, w h o have attained the age of twenty-five years, and w h o shall have been citizens of this State for four years, and for one year residents of the districts from which elected.
SECTION 111.
REPRESENTATIVE DISTRICTS
Paragraph I. Apportionment o f the House o f Representatives. T h e House of Representatives shall consist of representatives apportioned among the Representative Districts of the State. The General Assembly may create, rearrange and change Representative Districts as it deems proper. T h e apportionment of the House of Representatives shall be changed by the General Assembly, if necessary, after each United States decennial census becomes official.
Paragraph 11. Qualifications of Representatives. T h e Representatives shall be citizens of the United States w h o have attained the age of twenty-one years and who shall have been citizens of this State for t w o years, and for one year residents of the districts from which elected.
SECTION 1V
OFFICERS O F THE GENERAL ASSEMBLY
Paragraph I. President and President Pro Tempore. The presiding officer of the Senate shall be styled the President o f the Senate. A President Pro Tempore shall be elected viva voce from the Senators and shall become President in case of the death, resignation or permanent disability o f the President o r in the event of the succession of the President t o the executive power. In the event the President is unable to perform the duties of his office because of temporary disability, the President Pro Tempore shall act as President during the period of temporary disability. In the event the President Pro Tempore becomes President while the General Assembly is in session, the Senate shall elect a President Pro T e m p o r e viva voce from the Senators. In the event the President Pro Tempore becomes
Art. 3, Sec. 4, Par. 1
President at a time when the General Assembly is not in session, the Senate shall elect a President Pro Tempore viva voce from the Senators at the next session, if any, during the same term, whether it be a regular session or an extraordinary session. The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph. When a President Pro Tempore becomes President of the Senate as provided in this Paragraph, such President shall receive the same compensation and allowances as the Speaker of the House of Representatives. The provisions of this Paragraph shall become effective on the first day of the regular session of the General Assembly in 1977.
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 Representatives. A Speaker Pro Tempore shall be elected viva voce from the Representatives and shall act in case of the death, resignation or disability of the Speaker, or in the event of his succession to the executive power.
Paragraph 111. Officers of the Two Houses. The officers of the two houses, other than the President of the Senate and the Speaker of the House, shall be a President Pro Tempore and a Secretary of the Senate and a Speaker Pro Tempore and a Clerk of the House of Representatives, and such assistants as each House may provide for.
SECTION V.
GENERAL ASSEMBLY; ORGANIZATION AND PROCEDURE
Paragraph I. Term o f Members. The members of the General Assembly shall be elected for two years, and shall serve until the time fixed by law for the convening of the General Assembly in the year following the second year of such member's term of office.
Paragraph 11. Election, When. The first election for members of the General Assembly, under this Constitution shall take place on Tuesday after the first Monday in November, 1978, and subsequent elections biennially, on that day, until the day of election is changed by law.
Paragraph 111. Meeting; time limit; adjournment. The General Assembly shall meet in regular session o n the second Monday in January of each year. By concurrent resolution adopted by a majority of the members elected t o both Houses of the General Assembly, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening in regular session but shall remain in regular session n o longer than forty days in the aggregate each year. Separate periods of adjournment may be fixed by one or more such concurrent resolutions. The Senate and the House of Representatives shall organize each odd-numbered year and shall be a different General Assembly for each two-year period. All business pending in the Senate or the House of Representatives at the time of adjournment o f any regular session may be considered at any regular session of the same General Assembly, as if there had been n o adjournment. Nothing herein shall be construed t o affect the power of the Governor t o convoke the General Assembly in extraordinary session, or the duty of the Governor to convene the General Assembly in extraordinary session upon the certificate of three-fifths of the members elected t o the Senate and the House of Representatives as provided in Article V, Section 11, Paragraph 111 of this Constitution. If any impeachment trial is pending at the end of any regular or extraordinary session, the Senate may continue in session until such trial is completed.
Paragraph IV. Oath o f Members. Each Senator and Representative, before taking his seat shall take the following oath, or affirmation, to-wit: "I will support
Art. 3. Sec. 5 . Par. 4
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 t o the interests and prosperity of this State."
Paragraph V. 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 VI. Adjournment. Neither House shall adjourn for more than three days, o r t o any other place, without the consent of the other, and in case of disagreement between the two Houses on a question of adjournment, the Governor may adjourn either, or both of them.
Paragraph VII. 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, o r for any legal taxes required of him shall have a seat in either house; nor shall any Senator, or Representative, after his qualification as such, be 'elected by the General Assembly, or appointed by the Governor, either with or without the advice and consent of the Senate, t o 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 t o any civil office which has been created during such term.
Paragraph VIII. Removal From District, Effect of. The seat of a member of either house shall be vacated on his removal from the district from which he was elected.
Paragraph IX. Compensation and Allowances. The members of the General Assembly shall receive such compensation and allowances as shall be provided for by law but no change in such compensation o r allowances shall become effective prior t o the end of the term during which such change is made.
Paragraph X. Election, Returns, Etc.; Disorderly Conduct. Each House shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior, or misconduct, by censure, fine, imprisonment, or expulsion; but no member shall be expelled, except by a vote of two-thirds of the House to which he belongs.
Paragraph XI. Contempts, How Punish. 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, o r who shall rescue, or attempt to rescue, any person arrested by order of either House.
Paragraph XII. Privilege o f Members. The members of both Houses shall be free from arrest during their attendance on the General Assembly, and in going thereto, or returning therefrom, except for treason, felony, larceny, or breach of the peace; and no member shall be liable t o answer in any other place for anything spoken in debate in either House.
Pargraph XIII. Viva Voce Vote; Place o f Meeting. All elections by the General Assembly shall be viva voce, and the vote shall appear o n the Journal of the House of Representatives. When the Senate and the House of Representatives unite for the purpose of election, they shall meet in the Representative Hall, and the President of the Senate shall, in such cases, preside and declare the results.
Art. 3, Sec. 6, Par. 1
SECTION VI.
IMPEACHMENTS
Paragraph I. Power to Impeach. The House of Representatives shall have the
sole power to vote impeachment charges against all persons who shall have been o r may be in office.
Paragraph 11. Impeachments. The Senate shall have the sole power t o try impeachments. When sitting for that purpose, the Senators shall be on oath, or affirmation, and shall be presided over by the Chief Justice of the Supreme Court. Should the Chief Justice be disqualified, then the Presiding Justice shall preside. Should the Presiding Justice be disqualified, then the Senate shall select a Justice of the Supreme Court t o preside. No person shall be convicted without concurrence of two-thirds of the members present.
Paragraph 111. Judgments in Impeachments. Judgments, in cases of impeachment, shall not extend further than removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, within this State; but the party convicted shall nevertheless, be liable, and subject, to indictment, trial, judgment, and punishment, according to law.
SECTION VII.
ENACTMENT OF LAWS
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Journals and
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proceedings, and publish it immediately after its adjournment- The General
Assembly shall provide for the publication of the laws passed by each session.
Paragraph 11. 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 111. 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 IV. One Subject Matter Expressed. No law shall pass which refers to more than one subject matter, o r contains matter different from what is expressed in the title thereof.
Paragraph V. Yeas and Nays, When Taken. The yeas and nays on any question shall, at the desire of one-fifth of the members present, be entered on the Journal.
Paragraph VI. Yeas and Nays t o Be Entered, When. Whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of an act or resolution, the yeas and nays on the passage thereof shall be entered on the Journal.
Paragraph VII. Majority o f Members to Pass Bill. No bill shall become a law unless it shall receive a majority of the votes of all the members elected t o each House of the General Assembly, and it shall, in every instance, so appear on the Journal.
Paragraph VIII. Bills For Revenue. All bills for raising revenue, or appropriating money, shall originate in the House of Representatives, but the Senate may propose, or concur in amendments, as in other bills.
A r t . 3, Sec. 7, Par. 9
Paragraph IX. Notice o f Intention to Ask Local Legislation Necessary. No local or special bill shall be passed, unless notice of t h e intention t o apply therefor shall have been published in the newspaper in which the Sheriff's advertisements for the locality affected are published, once a week for three weeks during a period of sixty days immediately preceding its introduction into the General Assembly. N o local or special bill shall become law unless there is attached t o and made a part o f said bill a copy of said notice certified by the publisher, o r accompanied by an affidavit of the author, t o the effect that said notice has been published as provided by law. No office to which a person has been elected shall be abolished, nor the term o f t h e office shortened or lengthened by local o r special bill during t h e term for which such person was elected unless t h e same be approved by the people of the jurisdiction affected in a referendum o n the question. Where any local law shall add any member or members to any municipal or county governing authority, the members of which are elected by the people, such local law must provide that the member o r members so added must be elected by the qualified voters o f the political subdivision affected under such rules as the General Assembly may in said law provide.
Paragraph X. Acts Signed; Rejected Bills. All acts shall be signed by the President of the Senate and the Speaker of the House of Representatives, and no bill o r resolution, intended t o have the effect o f a law, which shall have been rejected by either house, shall be again proposed during the same session, under the same o r any other title, without the consent of two-thirds of the House by which the same was rejected.
Paragraph XI. Signature o f Governor. N o provision in this Constitution f o r a two-thirds vote of both houses o f the General Assembly shall be construed t o waive the necessity for the signature of the Governor as in any other case, except in the case of the two-thirds vote required t o override the veto, t o submit constitutional amendments or a new Constitution, and in case of prolongation of a session of the General Assembly.
Paragraph XII. Statutes and Sections of Code, How Amended. No law, or Section of the Code, shall be amended o r repealed by mere reference t o its title, or to the number of the Section of the Code, but the amending. or repealing act, shall disttinctly describe the law t o be amended o r repealed, as well as the alteration t o he made.
SECTION VIII
GENERAL ASSEMBLY; EXERCISE O F POWERS
Paragraph I. Powers o f the General Assembly. T h e General Assembly shall have t h e power t o make all laws consistent with this Constitution, and not repugnant to the Constitution of the United States, which they shall deem necessary and proper for the welfare of the State.
Paragraph 11. Right o f Eminent Domain. T h e exercise o f t h e right of e m i n e n t domain shall never be abridged, nor so construed as t o prevent the General Assembly from taking property and franchises, and subjecting them t o public use.
Paragraph 111. Police Power. T h e exercise of t h e police power of t h e s t a t e shall never be abridged, nor so construed as t o permit the conduct of business in such manner as t o infringe the equal rights of others, or the general well-being of the
Art. 3. Sec. 8. Par. 3
State.
Paragraph IIIA. Restrictions upon Land Use for the Protection o f Natural Rresources, Environment and Vital Areas. The General Assembly shall have the authority to provide restrictions upon land use in order t o protect and preserve the natural resources, environment and vital areas of this State.
Paragraph IV. Compensation and Allowances of Elective Officials; How Changed. The General Assembly may, at any time, provide by law other and different compensation or allowances for all of the elective officers provided for in this Constitution.
Paragraph V. Corporate Powers, How Granted. The General Assembly shall have no power to make or change election precincts, nor to 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. The General Assembly shall have no power to grant corporate powers and privileges to private companies, but it shall prescribe by law the manner in which such power t o grant corporate powers and privileges t o private companies shall be exercised by the Secretary of State. All corporate powers and privileges t o banking, trust, insurance, railroad, canal, navigation, express and telegraph companies shall be issued and granted by the Secretary of State in such manner as shall be prescribed by law; and if in any event the Secretary of State should be disqualified t o act in any case, then in that event the legislature shall provide by general law by what person such charter shall be granted.
Paragraph VI. Charters Revived or Amended Subject t o Constitution. The General Assembly shall not remit the forfeiture of the charter of any corporation existing at the time the Constitution of 1945 became effective, nor alter or 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 any corporation in this State, or any special law for its benefit, accepted thereby, shall operate as a novation of said charter and shall bring the same under the provision of this Constitution.
Paragraph VII. Recognizances. The General Assembly shall have no power to relieve principals o r securities uvon forfeited recognizances, from the payment thereof, either before or after judgment thereon, unless the principal in the recognizance shall have been apprehended and placed in the custody of the proper officers.
Paragraph VIII. Contracts t o Defeat Competition. All contracts and agreements, which may have the effect, or be intended to have the effect, to defeat or lessen competition, or t o encourage monopoly, shall be illegal and void. The General Assembly of this State shall have no power t o authorize any such contract or agreement. The General Assembly shall enforce the provisions of this Paragraph by appropriate legislation.
Paragraph IX. Public Utility Tariffs and Charges. The power and authority of regulating railroad freight and passenger tariffs and of charges of public utilities for their services, of preventing unjust discriminations, and requiring reasonable and just rates of freight and passenger tariffs and of charges of public utilities, are hereby conferred upon the General Assembly, whose duty it shall be to pass laws
Art. 3, Sec. 8, Par. 9
from time to time, to regulate such tariffs and charges, t o prohibit unjust discriminations by the various railroad and public utilities of this State, and t o prohibit said railroads and public utilities from charging other than just and reasonable rates and to enforce the same by adequate penalties, provided, nevertheless, that such power and authority shall never be exercised in any way t o regulate or fix charges of such public utilities as are or may be owned or operated by any county o r municipality of this' State; except as provided in this Constitution.
Paragraph X. Rebates. No public utility company shall give, or pay, any rebate, or bonus in the nature thereof, directly or indirectly, or do any act t o mislead or deceive the public as t o 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 XI. Street Railways. The General Assembly shall not authorize the construction of any street passenger railway, within the limits of any incorporate town or city, without the consent of the Corporate Authorities.
Paragraph XII. Gratuities;Exceptions.
1. Except as provided in this Constitution, the General Assembly shall not by vote, resolution, or order, grant any donation o r gratuity in favor of any person, corporation or association.
2. The General Assembly shall not grant or authorize extra compensation to any public officer, agent or contractor after the service has been rendered or the contract entered into.
3. The General Assembly is authorized t o provide by law for the payment of two hundred and fifty thousand dollars ($250,000.00) t o the first person, firm or corporation, or combination thereof, which puts down and brings in the first commercial oil well in this State. Such well must produce at least 100 barrels of oil per day, and the determination as t o whether such well is producing this amount is hereby vested in the Commissioner of Natural Resources. Said law shall provide for the distribution of said amount as the General Assembly may by statute provide between the company o r individual who drills or causes t o be drilled said well, the contractor who furnishes the equipment, among such workmen and employees actually engaged in the job, and to the mineral and/or property owner where the well is drilled. The General Assembly shall provide for the method of payment by the Governor.
4. The General Assembly is hereby authorized t o provide by law for the granting of funds t o a county in which is located land belonging to the State consisting of at least 20,000 acres from which such county receives no taxes. The General Assembly is authorized t o provide in such law the procedure for determining the amount of funds and all other matters relative t o any such grant.
5. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized t o provide by law for the indemnification with respect t o death, personal injury or property damage sustained in preventing the commission of a crime against the person or property of another, in apprehending a criminal, or in assisting a peace officer in prevention of a crime or apprehension of a criminal. Such law may provide for the method of payment of such
Art. 3. Sec. 8. Par. 12
indemnification and all other matters relative t o the purposes herein provided. The General Assembly is hereby authorized t o appropriate State funds for the payment of such indemnification and for the purpose of implementing any law as authorized by this paragraph.
6. Nothwithstanding any other provisions of this Constitution, the Department of Industry and Trade, in order t o make Georgia competitive with other states in securing new business, industry and tourism, is hereby authorized to expend available funds for the business meals and incidental expenses of bona fide industrial prospects and other persons who attend any meeting at the request of the Department t o discuss the location or development of new business, industry o r tourism within the State. All such expenditures shall be verified by vouchers showing the date, place, purpose and persons for whom such expenditures were made. The State Auditor shall conduct an audit of such expenditures at least every six months.
7. The General Assembly is hereby authorized t o provide by law for a program
of indemnification with respect t o the death or permanent disability, as defined by law, of any law enforcement officer, fireman, or prison guard who is o r has been killed in the line of duty subsequent t o January 1, 1973, o r permanently disabled in the line of duty subsequent t o January 1, 1979. Such law may provide for the method of payment of such indemnification and all other matters relative thereto; provided, that no such law may provide a n indemnification with respect to the death or permanent disability of a law enforcement officer, fireman, or prison guard which is in excess of $50,000. Upon indemnification being paid with respect t o the permanent disability of a law enforcement officer, fireman, or prison guard, no further indemnification under the provisions of this subparagraph shall be paid upon the death of such person. The General Assembly is hereby authorized t o levy taxes and to appropriate State funds, to provide for insurance, to provide for a continuing fund or to provide for a combination thereof for the purpose of providing payment of such indemnification and for the purpose of implementing any law which has been or shall be enacted pursuant to the provisions of this paragraph.
[Editorial Note: Subparagraph 7 of Paragraph XI1 was altered by an amendment ratified Nov. 7, 1978 and an amendment ratified Nov. 4, 1980.1
8. Any provision of this Paragraph t o the contrary notwithstanding, the General Assembly is authorized t o provide by law for the donation or gratuitous transfer of books and other printed materials, which are owned by the State and which have been found and declared to be surplus, to bona fide nonprofit civic, educational or charitable organizations when such books and materials, or the proceeds from the sale thereof, are t o be used for bona fide civic, education or charitable activities or purposes.
9. The General Assembly is hereby authorized t o provide by law for compensating innocent victims of crime. The General Assembly is authorized t o define the types of victims eligible t o receive compensation and t o vary the amounts of compensation according t o need. The General Assembly shall be authorized to appropriate funds t o carry out the provisions of any law adopted pursuant to the authority of this paragraph. The General Assembly shall be further authorized to provide for the assessment of additional penalties in any case in which any court in this State shall impose a fine or order the forfeiture of any bond in the nature of the penalty for certain or all offenses against the criminal or traffic laws of this State and the political subdivisions thereof. The General Assembly may provide that the proceeds derived from such additional penalty assessments may be allocated for the specific purpose of compensating innocent victims of crime.
Art. 3. Sec. 8. Par. 12
[Editorial Note: Subparagraph 9 of Paragraph XI1 relative t o compensation for
innocent victims of crime was added by an amendment ratified November 7, 1978. An additional subparagraph 9 relative t o a health insurance plan for retired public school teachers was also added by an amendment ratified on November 7 , 1978.1
9. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized t o provide by law for a health insurance plan for retired public school teachers. The General Assembly shall be authorized to appropriate funds to finance the administration of the plan and the employer contributions of such retired persons.
[Editorial Note: Subparagraph 9 of Paragraph XI1 relative t o a health insurance
plan for retired public school teachers was added by an amendment ratified on November 7, 1978. An additional subparagraph 9 relative t o compensation for innocent victims of crime was also added by an amendment ratified November 7, 1978.1
SECTION IX.
INSURANCE REGULATION
Paragraph I. General Assembly t o Enact Laws for People's Protection, Etc. The General Assembly shall, from t o time enact laws t o compel all fire insurance companies, doing business in this State, whether chartered by this State, or otherwise, to deposit reasonable securities with the Director, Fiscal Division, Department of Administrative Services, of this State or such other officer as may be designated by law, t o secure the people against loss by the operations of said companies.
Paragraph 11. 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 at their own expense, for the information and protection of the people.
Paragraph 111. 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 State of Georgia, chartered by other States of the Union, or foreign States, shall show that they have deposited with the Comptroller General of the State in which they are chartered, or of this State, the Insurance Commissioner, or such other officer as may be authorized t o receive it, not less than one hundred thousand dollars, in such securities as may be deemed by such officer equivalent t o cash, subject t o his order, as a guarantee fund for the security of policy-holders.
Paragraph IV. License b y Comptroller General. When such showing is made to the Comptroller General of the State of Georgia by a proper certificate from the State officials having charge of the funds so deposited, the Comptroller General of the State of Georgia is authorized to issue t o the company making such showing, a license to do business in the State, upon paying the fees required by law.
Paragraph V. Resident Insurance Companies; Guarantee Fund. All life insurance companies chartered by the State of Georgia, or which may hereafter be
Art. 3, Sec. 9, Par. 5
chartered by the State, shall, before doing business, deposit with the Comptroller General of the State of Georgia, or with some strong corporation, which may be approved by said Comptroller General, one hundred thousand dollars, in such securities as may be deemed by him equivalent t o cash, t o be subject t o his order, as a guarantee fund for the security of the policy-holders of the company making such deposit, all interest and dividends from such securities t o be paid, when due, t o the company so depositing. Any such securities as may be needed or desired by the company may be taken from said department at any time by replacing them with other securities equally acceptable to the Comptroller General, whose certificate for the same shall be furnished t o the company.
Paragraph VI. Subsequent Injury Workmen's Compensption Trust Fund. Any other provision of this Constitution to the contrary notwithstanding, the General Assembly may provide for the creation of a Subsequent Injury Workmen's Compensation Trust Fund, t o be used for the payment of a portion of the expenses of disability resulting to an employee from a combination of previous disability with subsequent injury incurred in employment. The General Assembly may provide that funding for such trust fund may be derived from assessments to he levied upon all insurance companies writing workmen's compensation insurance in this State and all self-insurers, appropriations, gifts and donations, and other sources. The General Assembly may also designate the Trustees of the fund and may provide for the administration of the fund. The General Assembly may authorize collection, deposit, and management of funds, and may provide for the disposition of the funds for purposes stated hereinabove without being placed in the State Treasury.
SECTION X.
APPROPRIATIONS
Paragraph I. Public Money, How Drawn. No money shall be drawn from the Treasury except by appropriation made by law.
Paragraph 11. Bills Appropriating Money. No bill or resolution appropriating money shall become a law unless, upon its passage, the yeas and nays in each house, are recorded.
Paragraph 111. Preparation, Submission and Enactments o f General Appropriations Bill. (a) The Governor shall submit t o the General Assembly within five days after its convening in regular session each year, a budget message and a budget report, accompanied by a draft of a General Appropriations Bill, in such form and manner as may be prescribed by statute, which shall provide for the appropriation of the funds necessary t o operate all the various departments and agencies, and to meet the current expenses of the State for the next fiscal year.
(b) The General Assembly shall annually appropriate the funds necessary to operate all the various departments and agencies, and meet the current expenses of the State for the next fiscal year. The fiscal year of the State shall commence on the first day of July of each year and terminate on the thirtieth of June following.
(c) The General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the State.
Art. 3, Sec. 10, Par. 4
Paragraph IV. General Appropriations Bill. The General Appropriations Bill shall embrace nothing except appropriations fixed by previous laws, the ordinary expenses of the Executive, Legislative and Judicial Departments of the Government, payment of the public debt and interest thereon, and for support of the public institutions and educational interests of the State. All other appropriations shall be made by separate bills, each embracing but one subject.
Paragraph V. General Appropriations A c t . (a) Each General Appropriations Act, now of force or hereafter adopted with such amendments as are adopted from time to time, shall continue in force and effect for the next fiscal year after adoption and it shall then expire except for the mandatory appropriations required by this Constitution and those required t o meet contractual obligations authorized by this Constitution and the continued appropriation of Federal grants.
(b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected t o have accrued in the State Treasury at the beginning of the fiscal year, together with an amount not greater than the total Treasury receipts from existing revenue sources anticipated t o be collected in the fiscal year, less refunds, as estimated in the Budget Report and amendments thereto. Supplementary appropriations, if any, shall be made in the manner provided in Paragraph VI of this Section of the Constitution, but in n o 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 at the expiration of such General Appropriations Act, shall lapse.
(d) All federal funds received by the State of Georgia are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the Federal Government in making the grant.
(e) The State, State institutions, 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 IX, 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 for the payment of obligations under any such contract, is likewise prohibited at any time when the aggregate annual payments under all such contracts, including the contract o r contracts proposed t o be entered into, exceed 15% of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the making and entering into of any such contract; provided, however, this provision shall not affect contracts validly entered into prior to the effective date of the amendment t o Article VII, Section IX, Paragraph I1 of the Constitution of 1945 adopted November 6, 1962. The execution of any such contract is further prohibited until the General Assembly has specifically provided funds in an Appropriations Act for the payment of at least one year's rental under such contract.
Paragraph VI. Other o r Supplementary Appropriations. In addition to the appropriations made by the General Appropriations Act and amendments thereto,
Art. 3. Sec. 10. Par. 6
the General Assembly may make additional appropriations by Acts, which shall be known as supplementary appropriation Acts, provided no such supplementary appropriation shall be available unless there is unappropriated Surplus in the State Treasury or the revenue necessary t o pay such appropriation shall have been provided by a tax 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 Appropriations Act shall have been finally adopted by both Houses and approved by the Governor.
Paragraph VII. Appropriations to be for Specific Sums. (a) Except as hereinafter provided, the appropriation for each department, officer, bureau,
. board, commission, agency or institution for which appropriation is made shall be
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 or percentage thereof.
(b) An amount equal t o all money derived from motor fuel taxes received by the State 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 an 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, as provided by law authorizing such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a General Appropriations Act and said sum need not be specifically stated in any General Appropriations Act passed by the General Assembly in order 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 t o 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 are in conflict with the provisions of this paragraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this State by land, sea or air, or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense o r relief purposes on the Executive Order of the Governor.
Paragraph VIII. Appropriations Void, When. Any appropriation made in conflict with either of the foregoing provisions shall be void.
SECTION XI.
MILITIA
Paragraph I. Organization of Militia. A well regulated militia being essential to the peace and security of the State, the General Assembly shall have authority to provide by law how the militia of this State shall be organized, officered, trained, armed and equipped; and of whom it shall consist.
Paragraph 11. Volunteers. The General Assembly shall have power t o authorize the formation of volunteer companieq, and to provide for their organization into battalions, regiments, brigades, divisions, and corps, with such restrictions as may be prescribed by law, and shall have authority t o arm and equip the same.
Art. 3, Sec. 1 1 , Par. 3
Paragraph 111. P a y of Militia a n d Volunteers. The officers and men of the militia and volunteer forces shall not be entitled to receive any pay, rations, or emoluments, when not in active service by authority of the State.
Paragraph IV. Discipline of the Militia. When n o t in Federal service the discipline of members of the Militia shall be in accordance with the applicable provisions of the Constitution and laws of the United States, Acts of the General Assembly, and directives of the Governor in his capacity as Commander-in-Chief of the Militia. Notwithstanding any other provisions of this Constitution, the General Assembly shall have the authority t o provide for trial by courts-martial and non-judicial punishment of members of the Militia, for the initiation of charges and subsequent procedures thereon, rules of evidence, venue, and all other matters necessary and proper for the maintenance of a well regulated and disciplined Militia.
SECTION XII.
EMERGENCY POWERS
Paragraph I. Emergency Powers of the General Assembly. The General Assembly, in order t o 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 for prompt and temporary succession t o the powers and duties of persons holding office in the Executive, Judicial and Legislative branches of State and local government whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices during such emergency; and
(2) T o adopt such other measures as may be necessary and proper for insuring the continuity of governmental operations during such emergency, including but n o t limited t o the suspension of any or all constitutional legislative rules.
Any legislation heretofore adopted by the General Assembly which would have been invalid except for the provisions of this Paragraph is hereby ratified as part of the statute laws of the State of Georgia.
ARTICLE IV.
CONSTITUTIONAL BOARDS AND COMMISSIONS
SECTION I.
PUBLIC SERVICE COMMISSION
Paragraph I. Public Service Commission us Constitutional Officers. There shall be a Public Service Commission for the regulation of utilities, vested with the jurisdiction, powers and duties as provided by law. Such Commission shall consist of five members, w h o shall be elected by the people. A Chairman shall be selected by the members of the Commission from its membership. T h e first Commission
Art. 4, Sec. 1, Par. 1
under this Constitution shall consist of the commissioners in office on the effective date of this Constitution and they shall serve until December 31 after the general election at which the successor of each member is elected. Thereafter all succeeding terms of members shall be for six years. The qualifications, compensations, filling of vacancies, manner and time of election, power and duties of members of the Commission, including the chairman, shall be as provided by law.
SECTION 11.
STATE BOARD O F PARDONS AND PAROLES
Paragraph I. State Board o f Pardons and Paroles. There shall be a State Board of Pardons and Paroles t o be composed of not less than five or more than seven members, the number t o be determined by the General Assembly. The successors t o the present members and all members of the Board who are subsequently appointed t o fill vacancies shall be appointed for terms of seven years unless removed from office for cause, as hereinafter provided. In the event of a vacancy for any reason other than the expiration of term, such vacancy shall be filled in the manner hereinafter provided for the unexpired term. All appointments t o the .Board shall be made by the Governor and shall be subject t o the confirmation of the Senate. Any member of the Board may be removed from office for cause by the unanimous action of the Governor, Lieutenant Governor and Attorney General or by judgment of the Senate in a trial of impeachment. The members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. 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 are 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 any part of a sentence for any offense against the State, after conviction except in cases of treason or impeachment, and except in cases in which the Governor refuses to suspend a sentence of death. When a sentence of death is commuted t o life imprisonment, the Board shall not have the authority to grant a pardon to the convicted person until such person has sewed at least twenty-five years in the penitentiary, and such person shall not become eligible for parole at any time prior to sewing at least twenty-five years in the penitentiary. When a person is convicted of armed robbery, the Board shall not have the authority to consider such person for pardon or parole until such person has served at least five years in the penitentiary. The 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. The State Board of Pardons and Paroles shall at each session of the General Assembly communicate t o that body in full detail each case of pardon, parole, commutation, removal of disabilities or remission of sentence granted, stating the name of the convicted, the offense for which he was convicted, the sentence and its date, the date of the pardon, parole, commutation, removal of disabilities or remission of sentence and the reasons for granting the same, and the State Board of Pardons and Paroles may make rules and regulations as may be authorized by law. Each year the Board shall elect one of its members t o 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.
Art. 4, Sec. 3, Par. 1
SECTION 111.
BOARD O F OFFENDER REHABILITATION
Paragraph I. Board o f Offender Rehabilitation. There shall be a Board of Offender Rehabilitation, t o be composed of nine members as follows: the five members of the Board of Corrections who serve ex officio as members of the statutory Board of Offender Rehabilitation shall continue t o serve out the terms t o which they were appointed as members of the Board of Offender Rehabilitation herein created; the Governor shall appoint the remaining four members, subject t o the consent of the Senate. The initial appointments by the Governor shall be for one, two, three and four years, respectively. Thereafter, successors t o the initial members of the Board shall be appointed by the Governor, subject to the consent of the Senate, for terms of office of four years and until their successors are duly appointed and qualified. The Board shall establish the general policy t o be followed by the Department of Offender Rehabilitation.
SECTION IV
BOARD O F NATURAL RESOURCES
Paragraph I. Creation; Membership; Appointment; Terms o f Office; Powers and Duties; Compensation. There shall be 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 at Large. The members in office.on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter, all succeeding appointments of members of the 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 as 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 are appointed and qualified. Vacancies in office shall be filled by appointment by the Governor and submitted t o the Senate for confirmation at 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 as may be delegated or provided for by the General Assembly.
SECTION V.
VETERANS SERVICE BOARD
Paragraph I. Veterans Service Board; How Composed; Director. There shall be a State Department of Veterans Service and Veterans Service Board composed of seven members, who shall have such control, duties, powers and jurisdiction of the State Department of Veterans Service as shall be provided by law. Said Board shall appoint a director who shall be the executive officer of the Department. Members of the Board shall be appointed by the Governor with the advice and
Art. 4, Sec. 5, Par. 1
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 members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter all terms and appointments, except in case of vacancy, shall be for seven years. Vacancies shall be filled by appointment by the Governor.
SECTION VI.
STATE PERSONNEL BOARD
Paragraph I. State Personnel Board. The State Personnel Board in existence on the effective date of this Constitution is hereby abolished and the terms of office of persons serving on said board are abolished. There shall be a new nonsalaried State Personnel Board which shall provide policy direction for a State Merit System of Personnel Administration. Under said merit system, State personnel shatl be selected on a basis of merit, fitness and demonstrated ability according to law. The State Personnel Board shall be comprised of five citizens of this State, of known interest in the improvement of the quality of State government. Members of the State Personnel Board shall be appointed by the Governor, subject to confirmation by the Senate. The first members shall be appointed for terms of one, two, three, four and five years, respectively, the term to be designated by the Governor. All subsequent appointments shall be for a period of five years, except unexpired terms. Service on the State Personnel Board shall be restricted t o two consecutive terms, provided that the completion of an unexpired term shall not be considered a term of service within the context of this two-term limitation. No State official or employee shall be a member of the State Personnel Board. All members of the State Personnel Board shall hold office until their successors are appointed and qualified. Vacancies in office shall be filled by appointment of the Governor and submitted t o the Senate for confirmation at the next session of the General Assembly after the making of the appointment.
Paragraph 11. Veterans Preference. Any veteran who has served as a member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and was honorably discharged therefrom, shall be given such veterans preference in any civil service program established in the State government or any political subdivision thereof as may be determined by appropriate action of the General Assembly.
Provided, however, notwithstanding any such action by the General Assembly, any veteran who has served as a member of the armed forces of the United States during the period of any war or the Korean Conflict and who was honorably discharged therefrom shall be entitled to and shall receive the following preference in taking a competitive examination for employment with the State government or any political subdivision thereof:
(a) Such veteran who has at least a ten per centum service connected disability as rated and certified by the Veterans Administration shall be entitled to and shall have ten points added t o his passing sore on such examination; and
(b) Any other such veteran shall be entitled t o and shall have five points added to his passing score on such examination.
Art. 4, Sec. 7, Par. 1
SECTION VII.
BOARD O F INDUSTRY AND TRADE
Paragraph I. Board o f Industry and Trade. There shall be a Department of Industry and Trade in lieu of and as successor t o the Department of Community Development. Wherever the words "Department of Community Development" were used heretofore in any statute, they shall be held and taken t o mean the Department of Industry and Trade. There shall be a Board of Industry and Trade in lieu of and as successor t o the Board of Community Development. Wherever the words "Board of Community Development" were used heretofore in any statute they shall be held and taken t o mean the Board of Industry and Trade. The Board shall be composed of twenty members, two from each Congressional District in the State. The Board shall be the policy determining body of the Department and shall have such duties, powers, authority and jurisdiction relating to the Department as shall be provided by law. The members of the Board in office on the effective date of this Constitution shall serve out the remainder of their respective terms and until their successors are duly elected and qualified as hereunder provided. The successors to such members, except in case of an appointment t o fill a vacancy, shall be for six years dating from April 1 of the beginning year of such term. The Governor shall appoint all successors. In the event a vacancy occurs on the Board, the Governor shall appoint a person to serve the unexpired term. In making appointments to the Board, the Governor shall insure that there is representation from local governments and area planning and development commissions as provided by law. The Board shall appoint a Commissioner who shall be the Executive Officer and Administrative Head of the Department.
Paragraph 11. Powers. In addition t o such powers and duties as may from time to time be conferred upon the Board of Industry and Trade and the Department of Industry and Trade, the Board of Industry and Trade shall be authorized to participate with any county, municipality, nonprofit organization, or any combination thereof, in the operation of any of the facilities operated by such agencies for the purpose of encouraging and promoting tourism in this State, notwithstanding any other provisions of this Constitution to the contrary.
SECTION VIII.
STATE TRANSPORTATION BOARD
Paragraph I. State Transportation Board Created. There shall be a State Transportation Board, composed of as many members as there are Congressional Districts in the State. The member of the Board from each Congressional District shall be elected by a majority vote of the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such Congressional District, meeting in caucus. All members shall be elected for terms of five years each and until their successors are duly elected and qualified. The members of the Board in office on the effective date of this Constitution shall serve out the remainder of their respective terms. The successors t o such members, as their respective terms expire, shall be elected by the General Assembly as provided herein and pursuant to the provisions of law enacted or as may hereafter be enacted t o implement this Paragraph. The State Transportation Board shall elect a Commissioner of Transportation, who shall be
Art. 4, Sec. 8, Par. 1
the Chief Executive Officer of the Department of Transportation. 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 for the election of members of the Board, and the manner of filling vacancies therein.
Paragraph 11. Compliance with Federal Law. In o r d e r t o c o m p l y w i t h Federal law providing for control of outdoor advertising and junk yards adjacent t o the roads of the Federal-Aid Highway Systems:
( 1 ) the State of Georgia, acting by and through the Department of Transportation, is authorized t o acquire any interests in property for the purpose of removing or requiring the removal of outdoor advertising and for the purpose of screening or removing or requiring the removal or screening of junk yards adjacent t o such roads, said acquisition t o be in accordance with provisions of law and of this Cosntitution relating t o the acquiring of private property interests for such public road purposes and activities incident thereto; and
( 2 ) the General Assembly may zone property adjacent t o the public roads of such Federal-Aid Highway Systems for commercial o r industrial purposes or in r.espect t o the location of advertising signs, displays or devices or in respect t o the establishment, removal or control of junk yards and may provide for rules and regulations governing advertising and junk yards adjacent t o such roads.
The General Assembly is authorized t o provide for landscaping a n d roadside development within the rights-of-way of the Federal-Aid Highway Systems and for the acquisition of interests in and improvement of strips of land necessary for the restoration, preservation, and enhancement of scenic beauty adjacent t o such highways, including acquisition and development of publicly owned and controlled rest and recreation areas and sanitary and other facilities within or adjacent to the rights-of-way of the Eederal-Aid Highway Systems.
Paragraph 111. Intermodal Transportation Funds. T h e General Assembly is authorized, notwithstanding any other provisions of this Constitution except those provisions relating t o taxes o n motor fuels, t o provide by law for the receipt, administration, and disbursement of funds from the United States of America t o plan, develop, promote, supervise, support, own, operate, or provide grants for safe and adequate transportation and services, public and private, including hut not limited t o air transportation, railroads, buses, terminals, waterways, airports, and port facilities and t o exercise the powers of taxation and provide for the expenditure of public funds in connection therewith.
Paragraph IV. Construction of Statutes. Wherever t h e words "Sfate Highway Board" were used heretofore in any statute, they shall be held and taken t o mean the State Transportation Board. Wherever the word "Director" was used heretofore in connection with the Department of Transportation o r State Highway Department in any statute, it shall be held and taken t o mean Commissioner of Transportation. Wherever the words "State Highway Department" o r "State Highway Department o f Georgia" were used heretofore in any statute, they shall be held and taken t o mean the Department of Transportation.
Art. 5. Sec. 1. Par. 1
ARTICLE V.
EXECUTIVE BRANCH
SECTION I
ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR
Paragraph I. Governor; Term o f Office; Compensation and Allowances. The executive power shall be vested in a Governor, who shall hold his office during the term of four years, and until his successor shall be chosen and qualified. The Governor serving on the effective date of this Constitution and future Governors shall be eligible t o succeed themselves for one four-year term. In the event a Governor succeeds himself he shall not again be eligible to hold the office of Governor. In the event a Governor does not succeed himself he shall not be eligible to hold the office of Governor until after the expiration of four years from the conclusion of his term. The compensation and allowances of the Governor shall be as provided by law. No Governor shall receive any emolument from the United States, or either of them, or from any foreign power.
Paragraph 11. Election for Governor. The first election for Governor, under this Constitution, shall be held on Tuesday after the first Monday in November of 1978, and the Governor-elect shall be installed in office at the next session of the General Assembly. An election shall take place quadrennially thereafter, on said date, until another date be fixed by the General Assembly. Said election shall be held at the places of holding general elections in the several counties of this State, in the manner prescribed for the election of members of the General Assembly, and the electors shall be the 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. On the Tuesday next following the general election, unless the 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 the Speaker and Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairman of each standing committee of the General Assembly. Such Board shall open and publish the returns, and the person having the majority of the whole number of votes shall be declared duly elected Governor of this State. Each candidate for Governor shall be entitled t o designate one person t o be present at the opening of the returns.
Paragraph IV. Run-off Election. In the event no gubernatorial candidate receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall continue the gubernatorial election by immediately calling a run-off election and designate as candidates therein the two persons who received the highest number of votes, who continue in life and have not declined t o continue as a gubernatorial candidate. This run-off election shall be held on the third Tuesday immediately following the general election unless the date thereof shall be changed by the General Assembly. The run-off election shall be a continuation of the general election and only the electors who were entitled t o vote in the general election shall be entitled t o vote therein; and
Art. 5. Sec. 1. Par. 4
only those votes cast for the two persons designated shall be counted in the tabulation and canvass of the 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 run-off election, the Constitutional Officers Election Board shall convene, open, canvass, tabulate and publish the returns of the run-off election. The person having the highest number of votes entitled t o be counted in the run-off election shall be declared the duly elected Governor of this State.
Paragraph V . General Assembly may Provide Additional Procedures. The General Assembly may provide by law for any additional procedures or requirements connected with any subject matter embraced within Paragraphs I11 and IV and in connection with any contested election, provided such laws are not inconsistent with the provisions therein.
Paragraph V I . Lieutenant Governor. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. He shall be President of the Senate. The compensation and allowances of the Lieutenant Governor shall be as provided by law.
Paragraph V1I.Qualifications o f Governor and Lieutenant Governor. No person shall be eligible to the office of Governor or Lieutenant Governor, who shall not have been a citizen of the United States fifteen years, and a citizen of the State six years immediately preceding his election, and who shall not have attained the age of thirty years when he assumes office.
Paragraph VIII. Succession to Executive Power. In case of the death, resignation, or disability of the Governor or the Governor-Elect, the Lieutenant Governor or the Lieutenant Governor-Elect upon becoming the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor until the next general election, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation, or disability shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. If the Lieutenant Governor shall become a candidate for the unexpired term of the Governor, he shall thereby resign his office as Lieutenant Governor, effective upon the qualification of the Governor elected for the unexpired term, and his successor for the unexpired term shall be elected at such election. In case of the death, resignation, or disability of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power until the removal of the disability or the election and qualification of a Governor at a special election, which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power.
Paragraph IX. Oath o f Office. The Governor shall, before he enters on the duties of his office, take the following oath or affirmation: " I d o solemnly swear (or affirm, as the case may be) that I will faithfully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof, and the Constitution of the United States of America."
Art. 5, Sec. 2, Par. I
SECTION 11.
DUTIES AND POWERS O F GOVERNOR
Paragraph I. Commander-in-Chief. The Governor shall be commander-in-chief of the army and navy of this State, and of the militia thereof.
Paragraph 11. Reprieves and Pardons. T h e Governor shall have power t o suspend the execution of a sentence o f death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, hereinbefore provided, shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purpose which may be deemed necessary by the Governor. Upon conviction for treason the Governor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, communicate t o that body each case of suspension of sentence, stating the name of the convict, the offense for 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.
Paragraph 111. Writs o f Election; Called Sessions o f the General Assembly. T h e Governor shall issue writs of election t o fill all vacancies that may happen in the Senate and t h e House of Representatives, and shall give t h e General Assembly, from time to time, information on the state of the State, and recommend for its consideration such measures as he may deem necessary or expedient. The Governor shall have power t o convoke the General Assembly o n extraordinary occasions, but no law shall be enacted at called sessions of the General Assembly, except such as shall relate t o the object stated in his proclamation convening them;providing that such called sessions of the General Assembly shall not exceed 70 days in length, unless at the expiration of said period there shall be pending an impeachment trial of some officer of the State Government in which event the General Assembly will be authorized t o remain in session until such trial shall have been completed.
Provided, however, that 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 t o the Governor of the State of Georgia that in their opinion an emergency exists in the affairs of the State of Georgia, it shall thereupon be the d u t y of said Governor and mandatory upon him, within five days from the receipt of such certificate or certificates, t o convene said General Assembly in extraordinary session for all purposes; and in the event said Governor shall, within said time, Sundays excluded, fail o r refuse t o convene said General Assembly as aforesaid, then and in t h a t event said General Assembly m a y convene itself in extraordinary session, as if convened in regular session, f o r all purposes, provided t h a t such extraordinary, self-convened session shall be limited t o a period o f 30 days, unless at t h e expiration of said period, there shall be pending an impeachment trial of some officer o f the State Government, in which event the General Assembly shall be authorized t o remain in session until such trial shall have been completed.
The members of the General Assembly shall receive the same compensation
Art. 5, Sec. 2, Par. 3
and allowances during such extraordinary session as provided by law during a regular session.
Paragraph IV. Filling Vacancies. When any office shall become vacant, by death, resignation, o r otherwise, t h e Governor shall have power t o fill such vacancy, unless otherwise provided by law; and persons so appointed shall c o n t i n u e In office until a successor is commissioned, agreeably t o t h e m o d e pointed out by this Constitution, or by law in pursuance thereof.
Paragraph V. Appointments Rejected. A person once rejected by the Senate, shall not be reappointed by the Governor t o the same office during the same session, or the recess thereafter.
Paragraph VI. Governor's veto. The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws, hut two-thirds o f each House may pass a law notwithstanding his v e t o ; a n d if any bill should not be returned by the Governor within five days (Sundays excepted) after it has been presented t o him, the same shall be a law; unless the General Assembly, by their a d j o u r n m e n t , shall prevent its r e t u r n , in which event t h e Governor shall have thirty days (Sundays excepted) from the date of adjournment in which t o approve t h e same, a n d if n o t approved within t h a t t i m e , t h e s a m e shall become a law. He may approve any appropriation, and veto any other appropriation, in the same bill, and the latter shall not be effectual unless passed by two-thirds of each House.
Whenever such bill has been vetoed by the Governor, ~tshall be the duty of the Governor t o transmit such bill t o the presiding officer of the Branch of the General Assembly in which it originated, together with a list o f reasons, if a n y , f o r such veto. Such transmission shall be made within thirty-five days (Sundays excepted) from the date of the adjournment of the Session of the General Assembly a t which such bill was passed. Such bill may be considered by the Branch of the General Assembly in which it originated at any time within t h e first ten days of the next regular Session of the General Assembly for the purpose of overriding the action of the Governor. In the event the action o f t h e Governor is overriden by two-thirds of the votes of such Branch of the General Assembly the same shall be immediately transmitted by the Secretary of or the Clerk of such Branch of the General Assembly t o the other Branch of the General Assembly. It shall be the duty of the presiding officer of such other Branch of the General Assembly u p o n receiving such Bill t o dispense with all business t h a t is then being considered and t o t h e n and there consider a n d act upon such Bill f o r t h e purpose of overriding the action of the Governor. In the event the action of the Governor is overridden by two-thirds of the votes of such Branch of the General Assembly such Bill shall b e c o m e law. In the event either Branch o f t h e General Assembly should fail t o override the Governor's action o n a Bill, such Bill shall n o t again be presented t o the General Assembly of Georgia for the purpose of overriding the action of the Governor. In the event any bill is enacted into law pursuant t o the terms of this paragraph, the effective date of such bill shall be on the date that such bill was acted upon by the Branch o f the General Assembly last acting upon such bill.
Provided, however, that any bills that are vetoed by the Governor after the adjournment of the regular session of the General Assembly immediately preceding the general election in which t h e Governor is elected, shall not be subject t o be overridden by the next regular session of the General Assembly.
Paragraph VII. Governor to Approve Resolutions. Etc. Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except o n a question of election or adjournment, shall be presented to the Governor, and before it shall take effect be approved by him, or, being disapproved, shall be repassed by two-thirds of each house, provided, however, that nothing contained in this Article shall be construed t o confer o n the Governor the right t o veto or enter his disapproval of any proposal made by the General Assembly t o amend this Constitution or t o provide for a new Constitution.
Paragraph VIII. Information From Officers and Employees; Suspension of Officers. The Governor may require information in writing from Constitutional officers, department heads, and all State employees, o n any subject relating t o t h e duties of their respective offices o r employment. The General Assembly shall have authority t o 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.
S E C T I O N 111.
OTHER ELECTED EXECUTIVE OFFICERS
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 t o vote for members of the General Assembly at the same time, and in the same manner as the Governor. The provisions of the Constitution as t o 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 the Governor, shall apply t o the election of the above-named executive officers; and they shall be commissioned by the Governor and hold their offices for the same time as the Governor. In case of the death or withdrawal of a person having received a majority of the whole number of votes cast in an election for any of the above-named offices, the Governor elected at such election, upon becoming Governor, shall have t h e power t o fill such office by appointing, subject t o the confirmation of the Senate, an individual t o serve until the next general election at which time a successor shall be elected t o serve out the unexpired term of office.
Paragraph 11. Duties, Authority, and Compensation and Allowances o f Other Executive Officers. The General Assembly shall have power t o prescribe the duties, authority, and compensation and allowances of the executive officers, and t o provide help and expenses necessary for the operation of the department of each.
Paragraph 111. Profit From Use o f Public Money. N o S t a t e official shall be allowed, directly or indirectly, t o receive any fee, interest, o r 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 t o the office of the Secretary of State, Attorney General, State School Superintendent, Comptroller
Art. 5, Sec. 3, Par. 4
General, Commissioner of Agriculture, or Commissioner of Labor, unless he shall have been a citizen of the United States for ten years, shall have resided in this State for six years next preceding his election, and shall be at least twenty-five years of age when elected. All of said officers shall give bond and security, under regulation t o be prescribed by law, for the faithful discharge of their duties.
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 his compensation and allowances as prescribed by law, except his necessary expenses when absent from the seat of government on business for the State.
Paragraph VI. Great Seal; What Constimtes; Custody; When Affixed to Instruments. The great seal of the State shall be deposited in the office of the Secretary of State and shall not be affixed t o 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.
SECTION IV.
DISABILITY O F EXECUTIVE OFFICERS
Paragraph I. Disability o f Executive Officers. Except as otherwise provided in this Constitution, if any elected Constitutional Executive Officer is unable t o perform the duties of his office because of a permanent physical or mental disability, determined, after hearing evidence including testimony from not less than three qualified physicians in private practice, one of whom must be a psychiatrist, not employed in any capacity by State, federal or local governments, by the Supreme Court of Georgia upon a petition of any four elected Constitutional Executive Officers, such office shall be declared vacant and the successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance therepf. If upon such petition, it is determined that the disability is not permanent, the Supreme Court shall determine when the disability has ended and the officer shall resume the exercise of his powers. During the period of temporary disability the powers of such office shall be exercised as provided for by this Constitution or the laws enacted in pursuance thereof. As used in this Section the term "elected constitutional executive officer" means the Governor, the Lieutenant Governor, the Secretary of State, the Attorney General, the State School Superintendent, the Comptroller General, the Commissioner of Agriculture and the Commissioner of Labor. The Supreme Court shall by appropriate rule provide for a speedy and public hearing, including notice of the nature and cause of the accusation, process for obtaining witnesses and the assistance of Counsel.
ARTICLE VI.
JUDZCZAR Y
SECTION I.
COURTS ENUMERATED
Paragraph I. Courts Enumerated. The judicial powers of this State shall be vested in a Supreme Court, a Court of Appeals, Superior Courts, Probatc Courts,
Art. 6, Sec. 1, Par. 1
Justices of the Peace, Notaries Public who are ex-officio Justices of the Peace, and such other Courts as have been or may be established by law.
Paragraph 11. Unified Judicial System. For t h e purposes o f administration, all of the courts of the State shall be a part of one unified judicial system. The administration of the unified judicial system shall be as 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 t o or controlled by any other department of Government.
SECTION I1
SUPREME COURT AND COURT O F APPEALS
Paragraph I. Supreme Court Justices; Quorum. The Supreme Court shall consist of seven associate justices, who shall from time to time as they may deem proper, elect one of their members as Chief Justice and one as Presiding Justice. The Chief Justice so elected by the other Justices shall be the chief presiding and administrative officer of the court, and the Presiding Justice, elected in like manner, shall perform all the duties devolving upon the Chief Justice, when h e is absent or disqualified. A majority of the court shall constitute a quorum.
Paragraph 11. C o u r t t o Designate Judges t o Preside, When. When o n e or more of the Justices of the Supreme Court are disqualified from deciding any case by interest or otherwise, the qualified Justices shall designate a judge or judges of the Superior Court t o preside in said case, provided, that if all the justices are disqualifiec., they or a majority of them shall, despite their disqualification, select seven judges of the Superior Courts to preside in the case, but they shall make such selections by lot and in open court from not less than twelve names of such Superior Court judges.
Paragraph 111. Terms of Office. The Justices aforesaid shall hold their offices for six years, and until their successors are qualified. They shall be elected by the people at the same time and in the same manner as members of the General Assembly. In case of any vacancy which causes an unexpired term, the same shall be filled by executive appointment, and the person appointed by the Governor shall hold his office until the next regular election, and until his successor for the balance of the unexpired term shall have been elected and qualified. The returns of such elections shall be made t o the Secretary of State, who shall certify the result t o the Governor, and commission shall issue accordingly.
Paragraph IV. Jurisdiction of Supreme Court. The Supreme Court shall have no original jurisdiction but shall be a court alone for the trial and correction of errors of law from the superior courts and the city courts of Atlanta and Savannah, as existed on August 16, 1916, and such other like courts as 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 o r 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 t o land; in all equity cases; in all cases which involve the validity of, or the construction of wills; in all cases of conviction o f a capital felony; in all
Art. 6. Sec. 2. Par. 4
habeas corpus cases; in all cases involving extraordinary remedies; in all divorce and alimony cases, and in all cases certified t o it by t h e Court o t Appeals for its determination. I t shall also be competent for the Supreme Court t o require by certiorari o r otherwise any case t o be certified t o the Supreme Court from the Court of Appeals for review and determination with the same power and authority as if t h e case had been carried by writ o f error t o t h e Supreme Court. Any case carried t o the Supreme Court or to the Court of Appeals, which belongs t o the class of which the other court has jurisdiction, shall, until otherwise provided by law, be transferred t o the other court under such rules as the Supreme Court may prescribe, and the cases so transferred shall be heard and determined by the court which has jurisdiction therof. The General Assembly may provide for carrying cases or certain classes of cases t o the Supreme Court and the Court of Appeals from the trial courts otherwise than by writ of error, and may prescribe conditions as t o the right o f a party litigant t o have his case reviewed by the Supreme Court or Court of Appeals. The Supreme Court shall also have jurisdiction of and shall decide cases transferred t o it by the Court of Appeals because of an equal division between the judges of that Court when sitting as a body for the determination of cases.
Paragraph V. Cases, H o w Disposed Of. The Supreme Court and the Court of Appeals shall dispose of every case at the term for which it is entered o n the court's docket f o r hearing, as provided by Paragraph VlII of this Article and Section, or at the next term. If the plaintiff in error shall not be prepared t o prosecute the case at t h e term for which i t is s o 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 that the plaintiff in error or his counsel caused such delay. Nothing herein shall be construed to excuse the clerk for any omission of duty or to relieve him of any liability resulting therefrom.
Paragraph VI. Judgments May Be Withheld. In any case the Supreme Court or the Court of Appeals may in its discretion withhold its judgment until the next term after the same is argued.
Paragraph VII. The Supreme Court; H o w Cases T o Be Hear and Determined. The Supreme Court shall have power t o hear and determine cases when sitting in a body, under such regulations as may be prescribed by it.
Paragraph VIII. Court o f Appeals. The Court of Appeals shall consist of not less than three Judges, and of such additional Judges as the General Assembly shall from time t o time prescribe. The terms of the Judges of the Court of Appeals shall be for six years and until their successors are qualified. The times and manner of electing Judges, and t h e mode of filling a vacancy which causes an unexpired term, shall be the same as are o r may be provided for by the laws relating to the election and appointment of Justices of the Supreme Court. The Court of Appeals shall have jurisdiction for the trial and correction of errors of law from the superior courts and from the City Courts of Atlanta and Savannah, as they existed o n 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 t h e Supreme Court, and in such other cases as may n o w o r hereafter be prescribed by law; except that where a case is pending in the Court of Appeals and the Court of Appeals desires instruction from the Supreme Court, it may certify the same to the Supreme
Art. 6, Sec. 2, Par. 8
Court, and thereupon a transcript of the record shall be transmitted t o the Supreme Court, which, after having afforded t o the parties an opportunity t o be heard thereon, shall instruct the Court of Appeals on the question so certified, and the Court of Appeals shall be bound by the instruction so given. But if by reason of equal division of opinion among the Justices of the Supreme Court no such instruction is given, the Court of Appeals may decide the question. The manner of certifying questions t o the Supreme Court by the Court of Appeals, and the subsequent proceedings in regard t o the same in the Supreme Court, shall be as the Supreme Court shall by its rules prescribe, until otherwise provided by law. No affirmance of the judgment of the court below in cases pending in the Court of Appeals shall result from delay in disposing of questions or cases certified from the Court of Appeals t o the Supreme Court, o r as t o which such certificate has been required by the Supreme Court as hereinbefore provided. All writs of error in the 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 at any other time, shall be entered on the docket of the next term; and they shall stand for hearing at the term for whch they are so entered, under such rules as the Court has or may hereafter 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 as 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 t o the Court, the powers, practice, procedure, times of sitting, and costs of the Court, the publication of reports of cases decided therein, and in all other respects, except as otherwise provided in this Constitution or by the laws as to the Court of Appeals on the effective date of this Constitution, and until otherwise provided by law, shall apply t o the Court of Appeals.so far as they can be made to apply. The decisions of the Supreme Court shall bind the Court of Appeals as precedents. The Court of Appeals shall have power t o hear and determine cases when sitting in a body, except as may be otherwise provided by the General Assembly.
In the event of an equal division of judges on any case when the Court is sitting as a body, the case shall be immediately transferred t o the Supreme Court.
Paragraph IX. Appeals from the Juvenile Court. The Supreme Court and Court of Appeals shall have jurisdiction t o review by direct writ 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, and, it shall further be the duty of the District Attorney of the judicial circuit within which the juvenile court or courts are located to represent the juvenile court on such appeals. The time for filing such bill of exceptions, and the procedure governing same, shall be as now provided by law for appeals, o r as may hereafter be provided by law, but in any case, the Juvenile Judge may by order grant extensions of time for the filing of such bill of exceptions so as t o afford opportunity for preparation of a brief or transcript of evidence, in cases where such is required.
SECTION 111.
SUPERIOR COURTS
Paragraph I. Terms, Etc., o f Superior Court Judges. There shall be not less than one judge of the Superior Courts for each judicial circuit, whose term of
Art. 6, Sec. 3, Par. 1
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 t o add one or more additional judges of the superior court for any judicial circuit in this State, and shall have authority t o regulate the manner in which the judges of such circuits shall dispose of the business thereof, and shall fix the time at 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 t o time to add to the number of such judges in any judicial circuit; o r t o reduce the number of judges in any judicial circuit.
Notwithstanding the provision of this Section providing for a term of four years for judges of the superior courts and notwithstanding any other provision of this Constitution, the term of office of each of the Judges of the Superior Court of the Atlanta Judicial Circuit shall be for eight years and until his successor is qualified.
Paragraph 11. Elections, When t o Be Held. The successors to the present and subsequent incumbents shall be elected by the electors of the circuit wherein the superior court judge is to serve, who are entitled t o vote for members of the General Assembly, at the general election held for such members, next preceding the expiration of their respective terms.
Pzragraph 111. Terms Begin, When. The terms of the judges t o be elected under the Constitution, except to fill vacancies, shall begin o n the first day of January after their elections. Every vacancy occasioned by death, resignation, or other causes shall be filled by appointments of the Governor until the first day of January after the general election held next after the expiration of thirty days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.
SECTION IV.
JURISDICTION
Paragraph I. Exclusive Jurisdiction Except in Juvenile Cases. The Superior Courts shall have exclusive jurisdiction in cases of divorce; in criminal cases where the offender is subjected to loss of life or confinement in the penitentiary, except in the case of juvenile offenders as provided by law; in cases respecting titles to land; and equity cases.
Paragraph 11. Equity May Be Merged in C o m m o n Law Courts. The General Assembly may confer upon the courts of common law all the powers heretofore exercised by courts of equity in this State.
Paragraph 111. General Jurisdiction. Said Courts shall have jurisdiction in all civil cases, except as hereinafter provided.
Paragraph IV. Appellate Jurisdiction. They shall have appellate jurisdiction in all cases as may be provided by law.
Paragraph V. Certiorari, Mandamus, Etc. They shall have power t o correct erorrs 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 t o
Art. 6. Sec. 4. Par. 5
issue writs of mandamus, prohibition, scire facias, and all other writs that may be necessary for carrying their powers fully info effect, and shall have such other powers as are, or may be conferred on them by law.
Paragraph VI. New Trials. The Superior, State and City Court may grant new trials on legal grounds.
Paragraph VII. Judgment of the Court. The Court shall render judgment without the verdict of a jury in all civil cases where n o issuable defense is filed except as otherwise provided in this Constitution, and subject t o the right of trial by jury o n written demand of either party.
[Editorial Note: Paragraph VII was altered by an amendment ratified Nov. 4, 1980.1
Paragraph VIII. Sessions. The Superior courts shall sit in each county not less than twice in each year, at such times as have been, o r may be appointed by law. The judges of said courts may, on reasonable notice t o the parties, at any time, in vacation, at 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 X. Judges of Superior, State and City Courts May Alternate, When. In any county within which there is, or hereafter may be, a City Court or a State Court the Judge of such a Court, and the Judge 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 XI. Municipal courts; certain jurisdiction granted. Notwithstanding any other provision of this article, the recorder's, mayor's, or police courts of any municipality are hereby granted jurisdiction to try and dispose of cases where a person is charged with the possession o f one ounce o r less of marijuana if the offense occurred within the corporate limits of such municipality. The jurisdiction of such courts shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases. Any fines and forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality. Any defendant charged with possession of an ounce or less of marijuana in a recorder's, mayor's, o r police court shall be entitled on request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred. Nothing herein shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter.
[EditorialNote: Paragraph XI was added by an amendment ratified Nov. 4, 1980.1
SECTION V.
STATE COURT O F CLAIMS
Paragraph I. State Court of Claims; jurisdiction; appeals. The General Assembly is hereby authorized to create and establish a State Court of Claims with jurisdiction to try and dispose of cases involving claims for injury or damage,
Art. 6 . Sec. 5. Par. 1
except the taking of private property for 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 t o try and correct errors of law from such State Court of Claims according to the method of appeal t o said courts n o w provided for o r as 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 t o t h e extent of any waiver of immunity provided in this Constitution and such waiver or qualification of immunity as is n o w o r may hereafter be provided by act of the General
Assembly .
The General Assembly is hereby authorized t o provide by law for the processing and disposition, by the Claims Advisory Board, of claims against the State which d o not exceed $500.00. Nothing contained herein shall constitute a waiver of the immunity of the State from suit, but the General Assembly is hereby authorized t o provide for the waiver o r qualification of such immunity in such law. The General Assembly is hereby authorized t o provide in such law for aH matters relative t o t h e provisions o f this paragraph.
[Editorial Note: T h e second paragraph of Paragraph 1 was added by an
amendment ratified on November 7, 1978.1
SECTION VI.
PROBATE COURT
Paragraph 1. Probate Court; Judge of Probate Court;Appeals. The powers of a court o f probate shall be vested in the Probate Court and the Judge of the Probate Court for each county, from whose decisions there may be an appeal, o r by consent of the parties, without a decision, t o the Superior Court under regulations prescribed by law.
Paragraph 11. Powers. (a) T h e Probate Courts shall have such powers in relation t o roads, bridges, ferries, public buildings, paupers, county officers, county funds, county taxes and other county matters as may be conferred o n them by law.
(b) The Probate Courts shall have jurisdiction t o issue warrants, try cases, and impose sentences thereon in all misdemeanor cases arising under the traffic laws of t h e State, and in all cases arising u n d e r t h e traffic laws o f t h e S t a t e , and in all cases arising under the Compulsory School Attendance Law in all counties of this State in which there is n o State 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 for offenses arising under the traffic laws of the State within their respective jurisdictions.
Paragraph 111. Term of Office. The Judge o f the Probate Court shall hold his office for a term of four years and until his successor is elected and qualified.
Paragraph 1V. Construction. Wherever the words "Ordinary", or "Ordinaries" or the words "Court of Ordinary" or "Courts of Ordinary" appear in any statutes of this State, and such words refer t o the county officer heretofore known and designated as the Ordinary o r the court heretofore known and designated as the Court of Ordinary, such words are 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, are hereby inserted in lieu of such stricken
Art. 6, Sec. 6, Par. 4
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 on January 1, 1975, 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.
SECTION VII.
JUSTICES O F THE PEACE
Paragraph I. Number and Term of office. Unless it has been otherwise provided by the General Assembly, there shall be in each militia district one justice of the peace, whose official term, except when elected to fill an unexpired term, shall be for four years: Provided, however, that the General Assembly may, in its discretion, abolish justice 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 o f over twenty thousand, and establish in lieu thereof such court or ~ o u r t sor system of courts as 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 as t o amount or subject matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together with such provision as t o rules and procedure in such courts, and as t o 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, as 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 VI of the Constitution of Georgia: Provided, however, that 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 as well in the County of Glynn, and establish in lieu thereof such court or courts o r system of courts as 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 t o amount or t o subject matter, as may be provided by law, whereof some other court has not exclusive jurisdiction under this Constitution; together also with such provisions as to rules and procedure 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 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 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, as may be now or hereafter provided by law. Any court so established shall not be subject t o the rules of uniformity laid down in Paragraph I of Section IX of Article VI of the Constitution of Georgia.
Paragraph 11. Jurisdiction. Justices of the peace shall have jurisdiction in all civil cases arising ex contractu and in cases of injury or damage t o and conversion of personal property, when the principal sum does not exceed two hundred dollars, and shall sit monthly at fixed times and places but in all cases there may be an appeal to a jury in said court, or an appeal to the Superior Court under such regulations as may be prescribed by law.
Art. 6 , Sec. 7, Par. 3
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.
SECTION VIII.
NOTARIES PUBLIC
Paragraph I. Appointment; Number; Term; Removal. Commissioned notaries public, not to exceed one for each militia district, may be appointed by the judges of the superior courts in their respective circuits, upon recommendation of the grand juries of the several counties. They shall be commissioned by the Governor for the term of four years and shall be ex-officio justices of the peace, and shall be removable on conviction for malpractice in office.
SECTION IX.
UNIFORMITY O F COURTS
Paragraph 1. 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 State Courts and City Courts) of the same grade or class, so far as regulated by law, and the force and effect of the process, judgment and decree, by such courts, severally, shall be uniform. This uniformity must be established by the General Assembly, and in case of State Courts and City Courts, may be established by the General Assembly.
SECTION X.
ATTORNEY GENERAL
Paragraph I. Election; term of office. There shall be an Attorney General of this State, who shall be elected by the people at the same time, for the same term and in the same manner as the Governor.
Paragraph 11. Duties. It shall be the duty of the Attorney General to act as the legal advisor of the Executive Department, t o represent the State in the Supreme Court in all capital felonies: and in all civil and criminal cases in any court when required by the Governor and to perform such other services as shall be required of him by law.
SECTION XI.
DISTRICT ATTORNEYS
Paragraph I. Number; term of office; vacancies. There shall be a district attorney for each judicial circuit, whose official term (except t o 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 t o vote for members of the General Assembly, at 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 first day of January after the general election held next after the expiration of 30 days from the time such vacancy occurs, at which election a successor for the unexpired term shall be elected.
Paragraph 11. Duties. It shall be the duty of the district attorney to represent the State in all cases in the superior court of his circuit and in all cases taken up
Art. 6 , Sec. 11, Par. 2
from t h e s u p e r ~ o rc o u r t s of his circuit t o t h e S u p r e m e C o u r t , a n d Court of Appeals and t o perform such other services as shall be required of him by law.
Paragraph 111. Construction. Wherever t h e w o r d s "solicitor general" were used heretofore in any statute, when such words were used t o refer t o the office of the district attorney provided for in this Section, they shall be held and taken to mean the district attorney.
SECTION XII.
SALARIES O F JUSTICES, JUDGES, AND DISTRICT ATTORNEYS
Paragraph I. Compensation and Allowances of Justices, Judges and District Attorneys.The Justices of the Supreme Court, the Judges of the Court of Appeals, the Judges of the Superior Courts, and the District Attorneys shall receive such compensation and allowances as provided by law. T h e General Assembly may authorize any county to supplement the compensation and allowances 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 compensation and allowances are, on the effective date 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, that the Board of County Commissioners of Richmond County, or the Judge of the Probate Court, or such other board or person as may from time t o time have charge of t h e fiscal affairs of said county, shall without further legislative action continue to supplement from said County's treasury the compensation and allowances 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 o u t of the State treasury; and such payments are declared t o be a part of the court expenses of said County, and such payment shall be made t o the judge n o w in office during his present o r subsequent terms, as well as t o hls successors, with the authority in t h e General Assembly t o increase such compensation and allowances from the County treasury as above provided.
Paragraph 11. Power to Abolish or Reinstate Fees o f District Attorney. T h e General Assembly shall have power, at any time, by law, t o abolish the fees accruing t o t h e office of district a t t o r n e y in any particular judicial circuit, and in lieu thereof t o prescribe compensation and allowances for such office, without regard to the uniformity of such compensation or allowances in the various circuits; and shall have the further power t o determine what disposition shall be made of the fines, forfeitures and fees accruing t o the office of district attorney in any such judicial circuit where the fees are abolished; and likewise shall have the further power, if it s o desires, t o abolish such compensation and allowances and reestablish such fees; but in either event, when so changed, the change shall not become effective until the end of the term t o which the district attorney was elected.
SECTION XI11
.QUALIFICATIONS O F JUSTICES, JUDGES, ETC.
Paragraph I. Age; Citizenship; Practice of Law. N o person shall h e a Justice of the Supreme Court, a Judge of the Court of Appeals, o r a Judge of Superior Courts, unless, at t h e time of his election, h e shall have attained the age of thirty years, and shall have been a citizen of the State three years, and have practiced law f o r seven years. N o person shall be A t t o r n e y General unless a t t h e t i m e of his election he shall have attained the age of twenty-five years, and shall have been a citizen of the State for six years next preceding his election, and have practiced law for seven years. No person shall be a district attorney, unless at the time of his
Art. 6, Sec. 13, Par. 1
election h e 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.
Paragraph 11. Emeritus Justices and Judges; Preside. 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 t o 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.
Paragraph 111. Discipline, Removal, and Involuntary Retirement. (a) Judicial Qualifications Commission. There shall be a Judicial Qualifications Commission. It shall consist of seven members, as follows: (i) two judges of any court of record, each selected by t h e Supreme Court; (ii) three members of the State Bar, who shall have practiced law in this State for at least ten years and w h o shall be elected by the Board of Governors of t h e State Bar; and (iii) t w o citizens, neither o f whom shall be a member of the State Bar, w h o shall be appointed by the Governor. The members in office o n the effective date of this Constitution shall serve o u t the remainder of their respective terms and until their successors are elected o r appointed and have qualified. Thereafter, all members shall serve for terms of four years each and until their successors are elected or appointed and have qualified. Whenever any member ceases t o hold the office o r t o possess the qualifications which entitled him t o 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 he allowed his necessary expenses for travel, board and lodging incurred in the performance of his duties. N o member of t h e Commission except the Judges shall hold any other public office or be eligible for appointment t o a State judicial office so long as h e is a member o f t h e Commission. N o member shall hold office in any political party o r organization. N o act of the Commission shall be valid unless concurred in by a majority of its members. The Commission shall select o n e of its members to serve as chairman.
(b) Procedure a n d Grounds. A justice o r judge of any court of this State, in accordance with the procedure prescribed in th,is Paragraph, may be removed o r otherwise disciplined for willful misconduct in office, o r willful and persistent failure to perform his duties, or habitual intemperance; or for conduct prejudicial t o 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, o r is likely t o become, of a permanent character. The Commission may, after such investigation as it deems necessary, order a hearing to be held before it concerning the removal or retirement of a justice or a judge, or t h e Commission may in its discretion request t h e Supreme Court t o appoint a special master to hear and take evidence in the matter and t o report thereon t o the Commission. If, after hearing, o r after considering the record and report of the master, the Commission finds good cause therefor, it shall recommend t o the Supreme Court the removal, other discipline, or retirement, as the case may be, of the justice or judge.
The Supreme Court shall review the record of the proceedings on the law and facts, and in its discretion may permit the introduction of additional evidence and shall order removal, other discipline, or retirement, as it finds just and proper, or wholly reject the recommendation. Upon an order for retirement, the justice or judge shall thereby be retired with t h e s a m e rights a n d privileges as if h e retired pursuant t o statute. Upon an order for removal, the justice or judge shall thereby be removed from office, and his compensation and allowances 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.
SECTION XIV.
VENUE
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 any United States Army Post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent t o said United States Army Post or military reservation.
Paragraph 11. Land Titles. Cases respecting titles t o land shall be tried in the 'county where the land lies, except where a single tract is divided by a county line, in which case the Superior Court of either county shall have jurisdiction.
Paragraph 111. Equity Cases. Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.
Paragraph IV. Suits Against Joint Obligors, Co-partners, Etc. Suits against joint obligors, joint promissors, co-partners, or joint trespassers, residing in different counties, may be tried in either county.
Paragraph V. Suits Against 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 Other Cases. All other civil cases, except juvenile court cases
as may otherwise be provided by the Juvenile Court Code of Georgia, 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 a n impartial jury cannot be obtained in such county.
[EditorialNote: Paragraph VI was altered by an amendment ratified Nov. 4,1980.1
Paragraph VII. Power t o Change Venue. The power t o change the venue in civil and criminal cases shall be vested in the Superior Courts t o be exercised in such manner as has been, or shall be, provided by law.
SECTION XV
JURY TRIAL
Paragraph I. Right o f Trial By 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
Art. 6. Sec. 15. Par. 2
grand jurors, and intelligent and upright men t o serve as traverse jurors. Nevertheless, the grand jurors shall be competent t o serve as traverse jurors. The General Assembly shall have the power to require jury service of women also, under such regulations as the General Assembly may prescribe.
Paragraph 111. Compensation o f Jurors. It shall be the duty of the General Assembly by general laws t o prescribe the manner of fixing compensation of jurors in all counties in this State.
SECTION XVI.
WHAT COURTS MAY 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 at the discretion of the General Assembly.
Paragraph 11. Supreme Court Cost; Pauper Oath. The cost in the Supreme Court and Court of Appeals shall be as provided by law. Plaintiffs in error shall not be required t o pay costs in said courts when the usual pauper oath is filed in the court below.
ARTICLE VII.
TAXA TZON
SECTION I.
POWER O F TAXATION
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 t o the people in all republican governments, and neither the General Assembly, nor any, nor all other departments of the Government established by this Constitution, shall ever have the authority to irrevocably give, grant, limit, or restrain this right; and all laws, grants, contracts, and all other acts, whatsoever, by said government, or any department thereof, t o affect any of these purposes, shall be, and are hereby, declared to be null and void, for every purpose whatsoever; and said right of taxation shall always be under the complete control of, and revocable by, the State, notwithstanding any gift, grant or contract, whatsoever, by the General Assembly.
The power to tax corporations and corporate property, shall not be surrendered or suspended by any contract, or grant to which the State shall be a party.
Paragraph 11. Taxing Power Limited. The levy of taxes on property for any one year by the General Assembly for all purposes, except t o provide for repelling invasions, suppressing insurrections, or defending the State in time of war, shall not exceed one-fourth (114) mill o n each dollar of the value of the property taxable in the State, provided, however, that until some other method permitted by the laws of the United States for the taxation of national banking associations o r corporations is enacted by the General Assembly for the taxation of the shares
Art. 7. Sec. 1. Par. 2
of stock of banking corporations and other monied capital coming into competition with such banking corporations, such property may be taxed at a rate not exceeding five (5) mills on each dollar of the value thereof.
Paragraph 111. Uniformity; Classification o f Property. All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax. Classes of subjects for 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 for different classes of such property.
Notwithstanding anything t o the contrary contained in this Paragraph, the General Assembly shall be authorized t o enact legislation treating any and all motor vehicles, including trailers, as a separate class from other classes of tangible property for ad valorem property tax purposes, and to adopt different rates, methods or assessment dates for the taxation of such property, and to enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said motor vehicles.
Notwithstanding anything to the contrary contained in this paragraph, the General Assembly shall be authorized to enact legislation treating any and all mobile homes, other than those mobile homes which qualify the owner thereof for the homestead property tax exemption under Georgia law, as a separate class of property from other classes of tangible property for ad valorem tax purposes, and to adopt different rates, methods or assessment dates for the taxation of such property and t o enact legislation consistent herewith to prevent any person, firm or corporation from escaping payment of their fair share of ad valorem taxes on said mobile homes.
The General Assembly may provide for a different method and time of returns, assessments, payment and collection of ad valorem taxes, of public utilities, but not a greater basis of value or at a higher rate of taxation than other properties.
Notwithstanding anything to the contrary contained in this Paragraph or any other provision of this Constitution, the General Assembly may provide by law for the taxation of life insurance companies o n the basis of gross direct premiums received within the unincorporated areas of counties. The tax authorized herein may be imposed by the state or by counties or by the state for county purposes as may be provided by law. The General Assembly may further provide by law for the reduction, only upon taxable property within the unincorporated areas of counties, of the ad valorem tax millage rate for county or county school district purposes or for reduction of such ad valorem tax millage rate for both such purposes in connection with imposing or authorizing the imposition of the tax authorized herein or in connection with providing for the distribution of the proceeds derived from the tax authorized herein.
[Editorial Note: The last paragraph of Paragraph 111 was added by a n amendment ratified Nov. 4, 1980.1
Paragraph IV. Exemptions Frotn 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 for residential purposes and from which no income is derived; all institutions of purely public charity; all intangible personal property owned by or irrevocably held in trust for the exclusive benefit of religious, educational and charitable institutions, no part of the net profit from the operation of which can inure to the benefit of any
Art. 7. Sec. 1. Par. 4
private person; all buildings erected for and used as a college, incorporated academy or other seminary of learning, and also all funds or property held or used as endowment by such colleges, incorporated academies o r 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 as are open t o the general public; the real and personal estate of any public library, and that of any other lrterary association, used by or connecte< with such library; all books and philosophical apparatus and all paintings and statuary of any company or association, kept in a public hall and not held as merchandise or for purposes of sale or gain; provided the property so exempted be not used for the purpose of private or corporate profit and income, distributable to shareholders in corporations owning such property or to other owners of such property, and any income from such property is used exclusively for religious, educational and charitable purposes, or for either one or more of such purposes and for the purpose of maintaining and operating such institution; this exemption shall not apply t o real estate or buildings other than those used for the operation of such institution and which is rented, leased o r otherwise used for the primary purpose of securing an income thereon; and also provided that such donations of property shall not be predicated upon an agreement, contract or otherwise that the donor or donors shall receive or retain any part of the net or gross income of the property. The General Assembly shall further have power t o 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.
The General Assembly is hereby authorized t o provide by law that all personal clothing and effects, household furniture, furnishings, equipment, appliances and other personal property used within the home, if not held for sale, rental or other commercial use, shall be exempt from all ad valorem taxation. The General Assembly is further authorized t o provide by law that all tools and implements of trade of manual laborers and domestic animals shall be exempt from State, county, municipal and school district ad valorem taxes, in an amount not t o exceed $300.00 in actual value.
The homestead of each resident of Georgia actually occupied by the owner as a residence and homestead, and only so long as actually occupied by the owner primarily as such, but not t o exceed $2,000.00 of its value, is hereby exempted from all ad valorem taxation for State, County and school purposes, except taxes levied by municipalities for school purposes and except t o pay interest o n and retire bonded indebtedness, provided, however, should the owner of a dwelling house on a farm, who is already entitled t o homestead exemption, participate in the program of rural housing and obtain a new house under contract with the local housing authority, he shall be entitled to receive the same homestead exemption as 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 property in excess of the foregoing exemptions shall remain subject t o taxation. Said exemptions shall be returned and claimed in such manner as prescribed by the General Assembly. The exemption herein provided for shall not apply t o taxes levied by municipalities.
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 at least ninety per cent of such common voting stock is owned by a Georgia corporation with its principal place of business located in this State and was acquired or is held for the purpose of enabling the parent company t o carry on some part of its established line of business through such subsidiary.
The legislature may exempt from taxation intangible personal property owned by a trust forming a part of a pension, profit sharing or stock bonus plan if such
Art. 7. Sec. 1. Par. 4
trust is exempt from Federal income tax under Section 401(a) of the Federal Internal Revenue Code. Existing laws exempting such property from taxation are hereby ratified.
Each disabled veteran, as hereinafter defined, who is a citizen and resident of Georgia, is hereby granted an exemption of $25,000.00 o n his homestead, which he owns and which he actually occupies as 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 fxempted amount shall remain subject to taxation. The term 'disabled veteran, as used herein, means a disabled American veteran of any war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and who is disabled due t o loss, or loss of use, of both lower extremities, such as t o preclude locomotion without the aid of braces, crutches, canes, or a wheelchair, or blindness in both eyes, having only light perception, plus loss, or loss of use, of one lower extremity, or due to the loss, o r loss of use, of one lower extremity together with residuals of organic disease or injury which so affect the functions of balance or propulsion as to ,preclude locomotion without resort to a wheelchair. The unremarried widow or minor children of any such disabled veteran, as defined herein, shall also be entitled t o an exemption of $25,000.00 on the homestead so long as the unremarried widow or minor children continue to actually occupy the home as 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 exemption granted herein t o the veteran, his unremarried widow or minor children shall remain subject t o taxation. The State Revenue Commissioner is hereby authorized and directed to notify each tax collector, tax receiver and tax commissioner in this State in the event this amendment t o the Constitution is ratified by the electorate. The exemption provided for herein shall apply t o all taxable years beginning after December 31, 1978.
[Editorial Note: The sixth unnumbered paragraph of Paragraph IV was altered by an amendment ratified on November 7, 1978. An additional amendment to this paragraph has been placed in the thirteenth unnumbered paragraph as the language to be deleted corresponds to the language in the thirteenth paragraph rather than the sixth.]
Each person who is sixty-five (65) years of age or over is hereby granted an exemption from all State and county ad valorem taxes in the amount of $4,000.00 o n a homestead owned and occupied by him as a residence if his net income, together with the net income of his spouse who also occupies and resides at such homestead, as net income is defined by Georgia law, from all sources, except as hereinafter provided, does not exceed $8,000.00 for the immediately preceding taxable year for income tax purposes. For the purposes of this paragraph, net income shall not include income received as retirement, survivor or disability benefits under the Federal Social Security Act or under any other public or private retirement, disability or pension system, except such income which is in excess of the maximum amount authorized to be paid to an individual and his spouse under the Federal Social Security Act, and income from such sources in excess of such maximum amount shall be included as net income for the purposes of this paragraph. The value of the residence in excess of the above exempted amount shall remain subject to taxation. Any such owner shall not receive the benefits of such homestead exemption unless he, or through his agent, files a n affidavit with the tax commissioner or tax receiver of the county in which he resides, giving his age and the amount of income which he and his spouse received during the last taxable year for income tax purposes, and such additional information relative to receiving the benefits of such exemption as will enable the tax commissioner or tax receiver to make a determination as to whether such owner is entitled to such exemption. The tax commissioner or tax receiver shall provide affidavit forms for this purpose. Such applications shall be processed in the same manner as other applications for homestead exem-ption, and
Art. 7, Sec. 1, Par. 4
the provisions of law applicable to the processing of homestead exemptions, as the same now exists or may hereafter be amended, shall apply thereto. Provided, that after any such owner has filed the proper affidavit, as provided above, and has been allowed the exemption provided herein, it shall not be necessary that he make application and file the said affidavit thereafter for any year and the said exemption shall continue to be allowed to such owner. It shall be the duty of any such owner, however, to notify the tax commissioner o r tax receiver in the event he becomes ineligible for any reason for the exemption provided in this paragraph. The General Assembly may provide by law for the proper administration of this exemption including penalties necessary therefor. The increased exemption provided for herein shall apply t o all taxable years beginning after December 31, 1980.
[Editorial Note: The seventh unnumbered paragraph of Paragraph IV was altered
by a n amendment ratified Nov. 4,1980.1
The General Assembly shall have the authority to provide for the exemption from any and all taxation any facilities which shall be installed or constructed for the primary purpose of eliminating or reducing air or water pollution. The General Assembly is further authorized t o prpvide for the manner in which such exemptions shall be granted and t o prescribe the prerequisites which shall be required t o be met before any such exemption shall be granted, including the designation of any appropriate State agency or organization to which the General Assembly shall be authorized t o delegate any and all powers necessary and appropriate t o carry out the purposes and responsibilities of this paragraph.
The governing authority of any county or municipality may exempt from ad valorem taxation, including all such taxes levied for State, county, municipal, or school purposes, all of the value of certain tangible property used in a solar energy heating or cooling system, and all the value of certain tangible property consisting only of machinery and equipment directly used in the manufacture of solar energy heating or cooling systems. For the purposes of this subparagraph, solar energy heating or cooling systems shall mean and include all controls, tanks, pumps, heat exchangers, and other equipment used directly and exclusively for the conversion of solar energy for heating or cooling, but shall not include walls, roofs or equipment that would ordinarily be contained in a similar structure not designed or modified to use solar energy for heating or cooling. For the purposes of this exemption, the term "heating" shall also mean and include water heating and drying. This subparagraph shall be repealed and shall be null and void effective July 1, 1986.
The exemptions granted to the homestead within this Paragraph shall extend to and shall apply t o those properties, the legal title t o which is vested in one or more title holders, if actually occupied by one o r more such owners as a residence. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title t o which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall claim the exemptions granted by this Paragraph in the manner herein provided.
The General Assembly shall be authorized t o exempt from ad valorem taxation property of nonprofit hospitals used in connection with their operation, provided that such hospitals have no stockholders and no income or profit which is distributed t o or for the benefit of any private person, and are subject t o the laws of Georgia regulating nonprofit or charitable corporations.
Art. 7, Sec. 1. Par. 4
The General Assembly shall be authorized t o exempt from ad valorem taxation property of nonprofit homes for the aged used in connection with their operation, provided that such homes for the aged have n o stockholders and no income or profit which is distributed t o or for the benefit of any private person, and are qualified as exempt organizations under the United States Internal Revenue Code of 1954, Section 501, as amended, and are subject t o the laws of Georgia regulating nonprofit and charitable corporations.
Any disabled veteran who is a citizen and resident of Georgia is hereby granted an exemption from all ad valorem taxes for State, county, municipal and school purposes on the vehicle he owns and o n which he actually places the free HV motor vehicle license tag he receives from the State of Georgia. The term 'disabled veteran', as used herein, means any wartime veteran who was discharged under honorable conditions and who has been adjudicated by the Veterans Administration of the United States as being 100 percent totally and permanently disabled and entitled to receive service-connected benefits and any veteran who is receiving or who is entitled t o receive a statutory award from the Veterans Administration for:
(1) Loss or permanent loss of use of one or both feet; (2) Loss or permanent loss of use of one or both hands; (3) Loss of sight in one or both eyes; (4) Permanent impairment of vision of both eyes of the following status: Central visual acuity of 201200 or less in the better eye, with corrective glasses, or central visual acuity of more than 201200 if there is a field defect in which the peripheral field has contracted t o such an extent that the widest diameter of visual field subtends on angular distance n o greater than twenty degrees in the better eye.
[Editoriai Vote: Even though the Act provided that this provision would amend the sixth unnumbered paragraph, it is clear from the language t o be deleted that it was intended to amend the thirteenth unnumbered paragraph. Ratified November 7, 1978.1
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 $8,000.00 per annum, may be exempt by law from all a d valorem taxation for educational purposes levied for and in behalf of such school system, including taxes t o retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Receiver or Tax Commissioner of his county giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative t o 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 o r 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 t o which is vested in one o r more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted 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 t o which is vested in an administrator, executor or trustee, if one o r more of the heirs o r cestui que uses residing o n 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 t o all taxable years beginning after December 31, 1980.
Art. 7, Sec. 1, Par. 4
[Editorial Note: The fifteenth unnumbered paragraph of Paragraph IV was altered by a n amendment ratified Nov. 4, 1980.1
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 said homestead, exceeding $8,000.00 per annum, may be exempt by law from all ad valorem taxation for educational purposes levied for and in behalf of such school system. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the governing authority of his city, o r with a person designated by the governing authority of his city, giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the governing authority of such city, or the person designated by the governing authority of such city, t o make a determination as to whether such owner is entitled to said exemption. The governing authority of the city, o r 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 t o which is vested in one o r more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possesses the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted 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 t o those homesteads, the title t o which is vested in a n administrator, executor or trustee, if one o r more of the heirs o r cestui que uses residing o n 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 t o all taxable years beginning after December 31, 1980.
[Editorial Note: The fourteenth unnumbered paragraph of Paragraph IV was altered by an amendment ratified Nov. 4,1980.1
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 are customarily cured and aged for a period in excess of one year after harvesting, and before manufacturing, and which are held in this State for manufacturing or processing purposes, shall be exempt from all ad valorem taxation.
The governing authority of any county or municipality may, subject to the approval of the electors of such political subdivision, exempt from ad valorem taxation, including all such taxes levied for educational purposes and for State purposes, all or any combination of the following types of tangible personal property:
(1) Inventory of goods in the process of manufacture or production which shall include all partly finished goods and raw materials held for direct use or consumption in the ordinary course of the taxpayer's manufacturing or production business in the State of Georgia. The exemption provided for herein shall apply only t o tangible personal property which is substantially modified, altered or changed in the ordinary course of the taxpayer's manufacturing, processing or production operations in this State.
Art. 7. Sec. 1. Par. 4
(2) Inventory of finished goods manufactured or produced within the State of Georgia in the ordinary course of the taxpayer's manufacturing or production business when held by the original manufacturer or producer of such finished goods. The exemption provided for herein shall be for a period not exceeding twelve (12) months from the date such property is produced or manufactured.
(3) Inventory of finished goods which, o n the first day of January, are stored in a warehouse, dock or wharf, whether public or private, and which are destined for shipment to a final destination outside the State of Georgia and inventory of finished goods which are shipped into the State of Georgia from outside this State and stored for transshipment to a final destination outside this State. The exemption provided for herein shall be for a period not exceeding twelve (12) months from the date such property is stored in this State. All property that is claimed to be exempt under the provisions of this subsection shall be designated as being "in transit" upon the official books and records of the warehouse, dock, or wharf, whether public o r private, where such property is being stored. Such official books and records shall contain a full, true, and accurate inventory of all such property, including the date of the receipt of the property, the date of the withdrawal of the property, the point of origin of the property, and the point of final destination of the same, if known. The official books and records of any such warehouse, dock, or wharf, whether public or private, pertaining to any such "in transit" property, shall be at all times open t o the inspection of all taxing authorities of this State and of any political subdivision of this State.
As used in this Paragraph, the following words, terms and phrases are defined as follows:
(a) "Finished Goods" shall mean goods, wares, and merchandise of every character and kind, but shall not include unrecovered, unextracted, or unsevered natural resources, or raw materials, or goods in the process of manufacture or production, or the stock-in-trade of a retailer.
(b) "Raw Materials" shall mean any material whether crude or processed that can be converted by manufacture, processing, or combination into a new and useful product, but shall not include unrecovered, unextracted, or unsevered natural resources.
Whenever the governing authority of any county or municipality wishes to exempt such tangible property from ad valorem taxation, as provided herein, the governing authority thereof shall notify the election superintendent of such political subdivision, and it shall be the duty of said election superintendent t o issue the call for an election for the purpose of submitting t o the electors of the political subdivision the question of whether such exemption shall be granted. The referendum ballot shall specify as separate questions the type or types of property as defined herein which are being proposed to be exempted from taxation. The election superintendent shall set the date of such election for a day not less than 30 nor more than 45 days after the date of the issuance of the call.
The governing authority of any county or municipality wherein an exemption has been approved by the voters as provided herein may, by appropriate resolution, a copy of which shall be immediately transmitted t o the State Revenue Commissioner, exempt from taxation 20%. 4076, 60% 80% or all of the value of such tangible personal property as defined herein. Provided, however, that once an exemption has been granted, no reduction in the percent of the value
Art. 7. Sec. 1. Par. 4
of such property t o be exempted may be made until and unless such exemption is revoked or repealed as provided herein. An increase in the percent of the value of the property t o be exempted may be accomplished by appropriate resolution of the governing authority of such county or municipality, and a copy thereof shall be immediately transmitted t o the State Revenue Commissioner; provided, that such increase shall be in increments of 20% 40% 60% or 80% of the value of such intangible personal property as defined herein, within the discretion of such governing authority.
If more than one-half of the votes cast on such question are in favor of such exemption, then such exemption may be granted by the governing authority commencing with the next ensuing calendar year, otherwise such exemption may not be granted. Exemptions may only be revoked by a referendum election called and conducted as provided herein; provided, that the call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of said election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a five-year period from the date of such referendum.
Subject t o the conditions and limitations provided by law, a taxpayer may be exempted from the return of, or payment of the ad valorem tax on, intangible personal property when the reasonable costs, as specified by law, of receiving, processing, and other administration of an intangible personal property tax return exceeds the liability of the taxpayer for the tax.
[Editorial Note: This paragraph immediately preceding the last paragraph of
Paragraph IV was added by an amendment ratified November 7, 1978.1
All laws exempting property from taxation, other than the property herein enumerated, shall be void.
Paragraph V. Revocation o f Tax Exemptions. All exemptions from taxation heretofore granted in corporate charters are declared to be henceforth null and void.
SECTION 11.
PURPOSES AND METHOD O F TAXATION
Paragraph .I. Taxation, How and For What Purposes Exercised. The powers of taxation over the whole State shall be exercised by the General Assembly for the following purposes only:
1. For the support of the State Government and the public institutions.
2. For educational purposes.
3. To pay the principal and the interest o n the public debt, and to provide a sinking fund therefor.
4. To suppress insurrection, t o repel invasion, and defend the State in time of war.
5. To make provision for the payment of pensions to ex-Confederate soldiers and to the widows of Confederate soldiers who are unmarried.
Art. 7, Sec. 2, Par. 1
6. To construct and maintain State buildings and a system of State highways, airports, and docks.
7. To make provision for the payment of old-age assistance to aged persons in need, and for the payment of assistance to the needy blind, and to dependent children and other welfare benefits; provided that no person shall be entitled to the assistance herein authorized, who does not qualify for such provisions in every respect, in accordance with enactments of the General Assembly, which may be in force and effect, prescribing the qualifications for beneficiaries hereunder: Provided n o 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.
8. In order t o extend t o the employees of the State, any department of the State, any State institution or political subdivisions of the State, and to the dependents and survivors of such employees, the basic protection accorded others by the old age and survivors insurance program embodied under the Social Security Act. (Act of Congress approved August 14, 1935, 4 9 Stat. 620, officially cited as the "Social Security Act," as such Act has been and may from time t o time be amended), and the Federal Insurance Contributions Act (as set forth in sub-chapter A of Chapter 9 of the Federal Internal Revenue Code, as such Code has been and may from time t o time be amended), the General Assembly is authorized t o enact such legislation as may be necessary t o insure the coverage t o employees of the State, any department of the State, any State institution or political subdivisions of the State, and the dependents and survivors of such employees under said Social Security Act as the same has been or may be amended and the Federal Insurance Contributions Act as the same has been or may be amended; and any provisions of this Constitution notwithstanding the State for and on behalf of itself, its departments, institutions or political subdivisions is hereby authorized t o 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 as the same has been or may hereafter be amended in the manner as provided therein and as 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 on November 4 , 1952, together with such further powers and duties as may be now or hereafter provided by law.
9. To advertise and promote the agricultural, industrial, historic, recreational and natural resources of the State of Georgia.
10. For public health purposes.
11. Public transportation of passengers for hire is an 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, that the State of Georgia shall not provide more than 10 per cent of the total cost, either directly or indirectly. The General Assembly is authorized t o provide for the implementation of this provision including the granting of public funds to any 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 State government, with any such public corporation or Authority established by the General Assembly for performance of the aforesaid function and purpose.
Art. 7, Sec. 2, Par. 1
12. For school lunch purposes.
13. To pay the salaries of personnel and t o pay for the utilization of school facilities, including school buses, for 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 as an integral part of the total school program.
Paragraph 11. Promotion of agricultural and other products; financing; disposition of funds. Any other provision of this Constitution to the contrary notwithstanding, the General Assembly may provide for the promotion of the production, marketing, sale, use and utilization, processing and improvement of any one or all of the agricultural products including, but not limited to, registered livestock and livestock products, poultry and poultry products, timber and timber products, fish and sea food, and the products of the farms and forests of this State. The General Assembly may provide for the promotion of such products individually, collectively, or in any combination thereof. The General Assembly may provide that such a program including provisions for quality and/or product control may be instituted, continued or terminated by a specified vote of the producers of the product or products affected participating in a referendum submitting such proposal for their approval. The General Assembly may create instrumentalities, public corporations, authorities and commissions, to administer such programs and may provide a means of financing any such promotion by authorizing such bodies to impose, raise, lower or repeal assessments, fees or other charges upon the sale or processing of the affected products, and to collect the same, after approval by a specified vote of the producers of the affected product in a referendum, and may authorize the acceptance of gifts and donations, and may provide for the disposition of any funds arising under any such program without the necessity of such funds being placed in the State Treasury or being appropriated by the General Assembly. The General Assembly may provide for the supervision of any such program by the Department of Agriculture. The uniformity requirement of this Constitution shall be satisfied by the application of the program upon the affected products.
Paragraph 111. Revenue t o Be Paid Into General Fund. All money collected from taxes, fees and assessments for State purposes, as authorized by revenue measures enacted by the General Assembly, shall be paid into the General Fund of the State Treasury and shall be appropriated therefrom, as required by this Constitution, for the purposes set out in this Section and for these purposes only.
The General Assembly shall be authorized to provide for the assessment of additional penalties in any case in which any court in this State shall impose a fine or order the forfeiture of any bond in the nature of the penalty for all offenses against the criminal or traffic laws of this State and the political subdivisions thereof. The General Assembly may provide that the proceeds derived from such additional penalty assessments may be allocated for the specific purpose of meeting any and all costs, or any portion thereof, of providing training to law enforcement officers of the State and political subdivisions thereof and to the prosecuting officials of this State and political subdivisions thereof.
[Editorial Note: The last paragraph in Paragraph 111 was added by an amendment
ratified November 7, 1978.1
Art. 7. Sec. 2. Par. 4
Paragraph IV. Grants to Municipalities. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized to provide by law for the granting of State funds to the municipalities of Georgia, in such manner and form and under such procedure as the General Assembly may prescribe. The General Assembly is also authorized but not directed, to provide the purpose or purposes for which such funds may be expended by the municipalities. The General Assembly is hereby authorized to exercise the power of taxation over the entire State in order t o carry out the provisions of this Paragraph.
Paragraph V. Industrial Development Commission. The General Assembly shall have the power t o create an Industrial Development Commission to make loans, t o be secured by second mortgages, t o such industrial development agencies as the Industrial Development Commission may select: Provided, that said agencies shall have raised sufficient capital and secured commitments for additional financing, which, in addition to the loan t o be extended by said Commission, will adequately insure the completion of said project. The powers of taxation may be exercised through the General AssemMy in order t o implement and carry out the purposes for which said Commission is to be created.
SECTION 111.
STATE DEBT
Paragraph I. Purposes for Which Debt may be Incurred; Limitations. Any other provisions of this Constitution to the contrary notwithstanding, the State may incur public debt, as follows:
(a) The State may incur public debt without limit to repel invasion, suppress insurrection and defend the State in time of war.
(b) The State may incur public debt t o supply such temporary deficit as may exist in the State Treasury in any fiscal year because of necessary delay in collecting the taxes of that year but the debt so incurred shall ndt exceed, in the aggregate, five percent of the total revenue receipts, less refunds, of the State Treasury in the fiscal year immediately preceding the year in which such debt is incurred, and any debt so incurred shall be repaid out of the taxes levied for the fiscal year in which the loan is made. Such debt shall be payable on or before the last day of the fiscal year in which it is incurred and no such debt may be incurred in any fiscal year under the provisions of this subparagraph (b) if there is then outstanding unpaid debt from any previous fiscal year which was incurred under the provisions of this subparagraph (b).
(c) The State may incur public debt of two types for public purposes w u a n t t o this Paragraph: (1) general obligation debt and (2) guaranteed revenue debt. General obligation debt may be incurred by issuing obligations t o 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, Paragraph I(a) of the Constitution of 1945. Guaranteed revenue debt may be incurred by guaranteeing the payment of revenue obligations issued by an instrumentality of the State if such revenue obligations are issued t o finance toll bridges, toll roads, any other land public transportation facilities or systems or water or sewage treatment facilities or systems or t o make or purchase, or lend or
Art. 7, Sec. 3, Par. 1
deposit against the security of, loans t o citizens of the State for educational purposes. No debt may be incurred under this subparagraph (c) at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current year o r any subsequent fiscal year of the State under all contracts then in force to which the provisions of Article IX, Section VI, Paragraph [(a) of this Constitution are applicable, exceed fifteen percent of the total revenue receipts, less refunds of the State Treasury in the fiscal year immediately preceding the year in which any such debt is t o be incurred; provided, however, no guaranteed revenue debt may be incurred to finance water or sewage treatment facilities or systems when the highest aggregate annual debt service requirements for the then current year or any subsequent fiscal year of the State for outstanding or proposed guaranteed revenue debt for water or sewage treatment facilities or systems, exceed one percent of the total revenue receipts less refunds, of the State Treasury in the fiscal year immediately preceding the year in which any such debt is t o be incurred; and provided, further, that the aggregate amount of guaranteed revenue debt incurred to make loans to citizens of the State for educational purposes that may be outstanding at any time shall not exceed $18 million dollars, and the aggregate amount of guaranteed revenue debt incurred to purchase, or to lend or deposit against the security of, loans to citizens of the State for educational purposes that may be outstanding at any time shall not exceed $72 million dollars. For the purpose of this Paragraph, annual debt service requirements shall mean the total principal and interest coming due in any fiscal year of the State; provided, however, with regard t o any issue of debt incurred wholly or in part on a term basis, annual debt service requirements shall mean an amount equal to the total principal and interest payments required to retire such issue in full divided by the number of years from its issue date to its maturity date.
In addition to the authority to incur general obligation debt provided for in the foregoing paragraph, general obligation debt may be incurred to provide educational facilities for county and independent school systems and, when the construction of such educational facilities has been completed, the title to such educational
facilities shall be vested in the respective local boards of education for which such
facilities were constructed.
[Editorial Note: The second paragraph of subparagraph (c) of Paragraph I was added by an amendment ratified Nov. 4,1980.1
General obligation debt may not be incurred until the General Assembly has enacted legislation stating the purposes, in general or specific terms, for which such issue of debt is t o be incurred, specifying the maximum principal amount of such issue and appropriating an amount at 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 at any time prior to the incurring of such debt. The General Assembly shall raise by taxation each fiscal year, in addition t o the sum necessary to make all payments required to be made under contracts entitled to the protection of the second paragraph of Paragraph [(a), Section VI, Article 1X of this Constitution, and t o pay public expenses, such amounts as are necessary t o pay debt service requirements in such fiscal year on all general obligation debt incurred hereunder. The General Assembly shall appropriate t o a special trust fund t o be designated "State of Georgia General Obligation Debt Sinking Fund" such amounts as are necessary to pay annual debt service requirements on all general obligation debt incurred hereunder. The sinking fund shall be used solely for the retirement of general
Art. 7, Sec. 3, Par. 1
obligation d e b t payable therefrom. If t h e General Assembly shall fail t o m a k e any such appropriation o r if for any reason the monies in the sinking fund are insufficient t o make all p a y m e n t s required with respect t o such general obligation debt as and when the same become due, the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, shall set apart from the first revenues thereafter received, applicable t o the general fund of the State, such amounts as are necessary t o cure any such deficiency and
shall immediately deposit the same into the sinking fund; provided, however, the obligation t o make such sinking fund deposits shall be subordinate t o the obligation imposed upon the fiscal officers of the State pursuant t o the provisions of the second paragraph of Paragraph [(a) of Section VI of Article IX of this Constitution. The Director, Fiscal Division, Department of Administrative Services, o r such other officer as may be designated by law, may be required t o set aside and apply such revenues as aforesaid at the suit of any holder of any general obligation debt incurred hereunder. The monies in the sinking fund shall be as fully invested as is practical, consistent with the requirements t o make current principal and interest payments. Any such investments shall be restricted t o obligations constituting direct and general obligations of the United States Government o r obligations unconditionally guaranteed as t o the payment of principal and interest by the United States Government, maturing n o longer than twelve months from date of purchase.
Guaranteed revenue debt may not be incurred until the General Assembly has enacted legislation authorizing the guarantcz of the specific issue of revenue obligations then proposed, reciting that the General Assembly has determined such obligations will be self-liquidating over the life o f the issue (which determination shall be conclusive), specifying the maximum principal amount of such issue and appropriating an amount at least equal t o the highest annual debt service requirements for such issue, which appropriation shall be paid upon the issuance of said obligations into a special trust fund t o be designated "State of Georgia Guaranteed Revenue Debt Common Reserve Fund" to be held together with all other sums similarly appropriated as a common reserve for any payments which may be required by virtue of any guarantee entered into in connection with any issue of guaranteed revenue obligations. All such appropriations f o r the benefit of guaranteed revenue debt 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 at any time prior t o the payment of the same into said common reserve fund which shall be held and administered by the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law. If any p a y m e n t s are required t o be made f r o m said fund t o meet d e b t service requirements on guaranteed revenue obligations by virtue of an insufficiency of revenues, the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, shall pay from said common reserve fund the amount necessary t o cure such deficiency. The Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, shall then reimburse from said fund from the general funds of the State within ten days following the commencement of any fiscal year of the State for any amounts so paid; provided, however, the obligation to make any such reimbursements shall be subordinate to the obligation imposed upon the fiscal officers of the State pursuant t o the second paragraph of Paragraph I(a) of Section VI, Article IX of this Constitution and shall also be subordinate t o the obligation hereinabove imposed upon the Director, Fiscal Division, Department of Administrative Services, o r such other officer as may be designated by law, t o make sinking fund deposits for the benefit of general obligation debt. The Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, may be required t o apply such funds as aforesaid at the suit of any holder of any such guaranteed revenue obligations. The amount t o the credit of said common reserve
Art. 7. Sec. 3. Par. 1
fund shall at all times be at least equal t o the aggregate highest annual debt service requirements o n all outstanding guaranteed revenue obligations entitled t o the benefit of said fund. If at the end of any fiscal year of the State said fund is in
excess of the required amount, the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, shall transfer such excess to the general funds of the State free of said trust. The funds in the said common reserve shall be as fully invested as is practical, consistent with the requirements of guaranteeing the principal and interest payments on the revenue obligations guaranteed by the State. Any such investments shall be restricted t o obligations constituting direct and general obligations of the United States Government o r obligations unconditionally guaranteed as t o the payment of principal and interest by the United States Government, maturing no longer than twelve months from date of purchase.
The State, and all State institutions, departments and agencies of the State are prohibited from entering into any contract (except contracts pertaining t o guaranteed revenue debt) with any public agency, public corporation, authority o r similar entity if such c o n t r a c t is intended t o constitute security f o r bonds o r other obligations issued by any such public agency, public corporation or authority and, from and after September 1, 1974, in the event any contract between the State, or any State insitution, department or agency of the State and any public agency, public corporation, authority or similar entity, or any revenues from any such contract, is pledged o r assigned as security for the repayment o f bonds or other obligations, then and in either such event, the appropriation or expenditure of any funds of the State for the payment of obligations under any such contract shall likewise be prohibited; provided, however, all contracts entered into prior t o September 1, 1974, shall continue t o have the benefit of the protection afforded by the provisions of the second paragraph of Paragraph I(a) of Section VI, Article IX of this Constitution as fully and completely as though Paragraphs I-V o f this Section were not in effect and f o r as long as any such contract shall remain in force and effect. Furthermore, nothing in Paragraphs I-V of this Section is intended directly o r by implication t o have any effect upon any provision of any such contract establishing lien rights, priorities regarding revenues or otherwise providing protection t o the holders of obligations secured by such contracts.
(d) The State may incur general obligation debt or guaranteed revenue debt t o fund o r refund any such debt or t o fund o r refund any obligations issued upon the security of contracts t o which the provisions of the second paragraph of Paragraph I(a), Section VI, Article IX of this Constitution are applicable. The issuance of any such'debt for the purposes of said funding o r refunding shall be subject t o the fifteen percent limitation in subparagraph (c) above t o the same extent as debt incurred under said subparagraph; provided, however, in making such computation the annual debt service requirements and annual contract payments remaining on the debt or obligations being funded or refunded shall not be taken into account. In the event it is determined by the Georgia State Financing and Investment Commission that it is t o the best interest of the State t o fund or refund any such public debt o r obligation, the same may be accomplished by resolution o f the Georgia State Financing and Investment Commission without any action on the part of the General Assembly and any appropriation made or required to be made with respect t o the debt being funded or refunded shall immediately attach and inure t o the benefit of the obligations t o be issued in connection with such funding or refunding t o the same extent and with the same effect as though the obligation t o be issued had originally been authorized by action of the General Assembly as 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 t o fund or refund obligations issued upon the
Art. 7, Sec. 3, Par. 1
security of contracts t o which the provisions of the second paragraph of Paragraph I(a), Section VI, Article IX of this Constitution are applicable and the continuing appropriation required t o be made under the said provisions of this Constitution shall immediately attach and inure t o the benefit of the obligation t o be issued in connection with such funding or refunding with the same force and effect as though said obligations so funded or refunded had originally been issued as a general obligation debt authorized hereunder) and provided further, the term of the funding or refunding issue shall not extend beyond the term of the original debt or obligation and the total interest o n the funding or refunding issue shall not exceed the total interest t o be paid on such original debt or obligation. The principal amount of any debt issued in connection with such funding or refunding may exceed the principal amount being funded or refunded t o the extent necessary t o provide for the payment of any premium thereby incurred.
Paragraph 11. Faith and Credit of State Pledged Debt m a y be Validated. The full faith, credit and taxing power of the State are hereby pledged t o the payment of all public debt incurred under this Article and all such debt a n d t h e interest thereon shall be exempt from taxation. Such debt may be validated by judicial proceedings in the manner provided by t h e General Assembly and such validation shall be incontestable and conclusive.
Paragraph 111. Georgia State Financing and Investment Commission; Duties. There shall be a Georgia State 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 Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, and t h e Commissioner of Agriculture. The Commission shall be responsible for the issuance of all public debt incurred hereunder and for the proper application of the proceeds of such debt t o the purposes for which it is incurred; provided, however, the proceeds from guaranteed revenue obligations shall be paid t o the issuer thereof and such proceeds and the application thereof shall be the responsibility of such issuer. Debt t o be incurred at 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 t o the extent not so used shall be used t o purchase and retire public debt. The Commission shall be responsible f o r the investment o f all proceeds t o be administered by it. The General Assembly may provide that income earned on any such investments may be used t o pay operating expenses of the Commission o r placed in a common debt retirement fund and used t o purchase and retire any public debt, or any bonds or obligations issued by any public agency, public corporation or authority which are secured by a contract t o which the provisions of the second paragraph of Paragraph I(a) of Section VI, Article IX of this Constitution are applicable. The Commission shall be responsible for its own record keeping, reporting and related administrative and clerical functions. The Commission shall have such additional responsibilities, powers and duties as shall be provided by law.
Paragraph IV. State Aid Forbidden. Except as herein provided, the credit of the State shall not be pledged or loaned t o any individual, company, corporation or association and the State shall not become a joint owner or stockholder in or with any individual, company, association or corporation.
Paragraph V. Construction. Paragraphs I, 11, 111 and IV are for the purpose of providing a new and more effective method of financing the State's needs and
Art. 7, Sec. 3. Par. 5
their provisions and any law now or hereafter enacted by the General Assembly in furtherance thereof shall be liberally construed to effect such purpose. Insofar as any such provisions or any such law may be inconsistent with any other provisions of this Constitution or of any other law, the provisions of such Paragraphs and laws enacted in furtherance thereof shall be controlling; provided, however, the provisions of such Paragraphs shall not be so broadly construed as to cause the same to be unconstitutional and in connection with any such construction such Paragraphs shall be deemed t o contain such implied limitations as shall be required t o accomplish the foregoing.
Paragraph VI. Assumption of Debts Forbidden. The State shall not assume the debt, nor any part thereof, of any county, municipal corporation o r political subdivision of the State, unless such debt be contracted t o enable ihe State t o repel invasion, suppress insurrection or defend itself in time of war: Provided, however, that t h e amendment t o the Constitution of 1 8 7 7 proposed by the General Assembly and set forth in the published Acts of the General Assembly of the year 1931 at page 97, which amendment was ratified on November 8, 1932, and which amendment provided for the assumption by the State, of indebtedness of the several counties of the State, as well as that 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 for the issuance of certificates of indebtedness for 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 VII. Profit on Public Money. The receiving, directly or indirectly, by any officer of State or county, or member or officer of the General Assembly of any 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 as may be prescribed by law, a part of which punishment shall be a disqualification from holding office.
Paragraph VIII. Certain Bonds N o t t o Be Paid. The General Assembly shall have n o authority t o appropriate money either directly or indirectly, t o pay the whole, or any part, of the principal or interest of the bonds, or other o b l ~ g a t ~ o n s which have been pronounced illegal, null and void by the General Assembly and the Constitutional amendments ratified by a vote of the people on the first day of May, 1 8 7 7 ; nor shall the General Assembly have authority t o pay any of the obligations created by the State under laws passed during the War Between the States, nor any of the bonds, notes or obligations made and entered into during the existence of said war, the time for the payment of which was fixed after the ratification of a treaty of peace between the United States and the Confederate States; nor shall the General Assembly pass any law, or the Governor or any other State official, enter into any contract o r agreemen! whereby the State shall be made a party t o any suit in any court of this State, or of the United States instituted to test the validity of any such bonds, or obligations.
Paragraph IX. Sale o f State's Property t o Pay Bonded Debt. The proceeds of the sale of the Western and Atlantic Railroad, and any other property owned by the State, whenever the General Assembly may authorize the sale of the whole or any part thereof, shall be applied t o the payment of the bonded debt of the State, and shall not be used for any other purpose whatsoever, so long as the State has any existing bonded debt; provided that the proceeds of the sale of the Western
Art. 7. Sec. 3. Par. 91
and Atlantic Railroad shall be applied t o the payment of the bonds for which said railroad has been mortgaged, in preference to all other bonds.
Paragraph X. State Sinking Fund. The General Assembly shall raise by taxation each year, in addition to the sum required t o pay the public expenses, such amounts as are necessary to pay the interest on the public debt and the principal of the public debt maturing in such year and t o provide a sinking fund t o pay off and retire the bonds of the State which have not been matured. The amount of such annual levy shall be determined after consideration of the amount then held in the sinking fund. The taxes levied for such purposes and the said sinking fund, shall be applied t o n o other purpose whatever. The funds in the said sinking tund may be invested ~n the bonds ot the State, and also in bonds and securities issued by the Federal Government, and subsidiaries of the Federal Government, fully guaranteed by that government. If the said bonds are not available for purchase, the funds in the sinking fund may be loaned, with the approval of the Governor, when amply secured by bonds of the State or Federal Government, upon such conditions as may be provided by law.
ARTICLE VIII. EDUCA TTON
SECTION I.
PUBLIC EDUCATION
Paragraph I. System of Common Schools; Free Tuition. The provision of an adequate education for the citizens shall be a primary obligation of the State of Georgia, the expense of which shall be provided for by taxation.
SECTION 11.
STATE BOARD O F EDUCATION
Paragraph I. Sfate Board of Education; Method of Appointment. 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 members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter, all succeeding appointments shall be for seven year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy o n said Board by death, resignation, 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 end of the next session of the General Assembly, or if the General Assembly be then in session t o 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 t o the Senate for confirmation. All members of the Board shall hold office until their successors are 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 at 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 t o serve on said Board. No person who is or has been connected with or employed by a school book publishing concern shall be eligible t o
Art. 8. Sec. 2. Par. 1
membership o n t h e Board, and if any person shall be so connected or employed after becoming a member of the Board, his place shall immediately become vacant. The said State Board of Education shall have such powers and duties as provided by law and existing at the time of the adoption of the Constitution of 1945, together with such further powers and duties as may now or hereafter be provided by law.
SECTION 111.
STATE SCHOOL SUPERINTENDENT
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 at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which he shall have been appointed.
SECTION IV.
BOARD O F REGENTS
Paragraph I. University System 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 t h e 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 members in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter all succeeding appointments shall be for seven year terms from the expiration of the previous term. Vacancies upon said Board caused by expiration of term of office shall be similarly filled by appointment and confirmation. In case of a vacancy on said Board by death, resignation of a member, 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 end of the next session of the General Assembly, or if the General Assembly be then in session t o 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 t o the Senate for confirmation. All members of the Board of Regents shall hold office until their successors are appointed. The said Board of Regents of the University System of Georgia shall have the powers and duties as provided by law existing at the time of the adoption of the Constitution of 1945, together with such further powers and duties as may now o r hereafter be provided by law.
Paragraph 11. Program for Elderly Citizens. T h e Board of Regents is hereby authorized and directed t o establish, by not later than the beginning of the fall quarter of 1977, a program whereby citizens of this State who are 62 years of age or older may attend units of t h e University System of Georgia without payment of fees, except for supplies and laboratory or shop fees, when space is
Art. 8, Sec. 4, Par. 2
available in a course scheduled for resident credit. Such program shall not include attendance at classes in dental, medical, veterinary, or law schools. Persons who attend units of the University System of Georgia under the program established pursuant t o this Paragraph shall not be counted as students by the Board of Regents for budgetary purposes. The Board of Regents shall adopt and promulgate rules and regulations, not inconsistent with this Paragraph, t o implement and carry out the provisions of this Paragraph.
Paragraph 111. Program for Certified Teachers. The State Board of Education
shall establish, by not later than the beginning of the fall quarter of 1981, a program whereby teachers certificated in this state may be reimbursed for tuition costs for attending public or private colleges or universities in Georgia when such attendance is for the purpose of taking courses pursuant to a requirement by the State Board of Education that the teacher remain certificated in the teacher's respective subject area. The reimbursement provided for herein shall be limited to ten quarter hours during each period of three calendar years and shall be subject t o an agreement by the teacher that he or she will teach classes in the public schools of this state on a full-time basis during the school year following the year during which the teacher attended a college or university pursuant to the program authorized by this Paragraph. The State Board of Education shall adopt rules and regulations, not inconsistent 'vith this Paragraph, t o implement the provisions of this Paragraph. This Paragraph shall become effective when funds are appropriated to the State Board of Education for this purpose.
[Editorial Note: Paragraph 111was added by an amendment ratified Nov. 4, 1980.1
SECTION V.
LOCAL SCHOOL SYSTEMS
Paragraph I. School Districts. Authority is granted t o county and area boards of education to establish and maintain public schools within their limits. The General Assembly may, by special o r 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 an area board of education. No such consolidation or merger shall become effective until approved by a majority of the voters voting in each of the school districts or school systems affected in a referendum herd thereon in each school district o r school system being consolidated o r merged, provided 5 1 % 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 the school districts or school systems or portions thereof incorporated therein shall stand abolished, and title to all school properties and assets therein shall vest in the area board of education.
Paragraph 11. Boards of Education. Except as provided in Paragraph I of this Section, each county, exclusive of 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.
(a) Except as may now or hereafter be provided by any local o r special law adopted pursuant to the provisions of subparagraph (b) of this Paragraph or as provided in any local constitutional amendment applicable to any county school district, the Grand Jury of each county shall select five citizens of their respective counties, who shall constitute the County Board of Education. The members of any such County Board of Education in office on the effective date of this
Art. 8, Sec. 5, Par. 2
Constitution shall serve out the remainder of their respective terms. Thereafter, all succeeding appointments shall be for five-year terms from the expiration of the previous term. In case of a vacancy o n any such County Board of Education by death, resignation of a member, or from any other cause other than the expiration of such member's term of office, the remaining members of such County Board of Education shall by secret ballot elect his successor, who shall hold office until the next Grand Jury convenes at which time said Grand Jury shall appoint the successor member of such County Board of Education for the unexpired term. The members of any such County Board of Education of any such county shall be selected from that portion of the county not embraced within the territory of an independent school district.
(b) Notwithstanding provisions contained in subparagraph (a) of this Paragraph 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 said boards, may be changed by local or special law conditioned upon approval by a majority of the qualified voters of the county school district voting in a referendum thereon. Members of county boards of education shall have such powers and duties and such further qualifications as may be provided by law.
(c) 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 as provided by law enacted pursuant to Paragraph I of this Section. Subsequent to the creation of an area school district, the number and manner of election or appointment of members of the area board of education and method for filling vacancies occurring on said boards, and their terms of office and residence requirements may be changed by local or special law, conditioned upon approval by a majority of the qualified voters in each of the original political subdivisions of the area school district voting in a referendum thereon. Members of area boards of education shall have such powers, duties, and further qualifications as provided by law.
(d) The General Assembly shall have authority to make provision for local trustees of each school in a county system and confer authority upon them to make recommendations as to budgets and employment of teachers and other authorized employees.
Paragraph 111. Meetings of Boards of Education. All official meetings of County or Area Boards of Education shall be open to the public.
Paragraph IV. Power of Boards to Contract With Each Other. Any two or more county boards of education, independent school systems, or area boards of education, or any combination thereof, may contract with each other for the care, education, and transportation of pupils and for such other activities as they may be authorized by law t o perform.
Paragraph V. School Superintendent. There shall be a school superintendent of each school district, who shall be the executive officer of the board of education.
(a) Except as may now or hereafter be provided by any local or special law adopted pursuant to the provisions of subparagraph (b) of this Paragraph or as provided in any local constitutional amendment applicable to any county school superintendent, the county school superintendent shall be elected by the people and his term of office shall be for four years and run concurrently with other county officers. The qualifications and the salary of the County School Superintendent shall be fixed by law.
Art. 8, Sec. 5. Par. 5
(b) Notwithstanding provisions contained in subparagraph (a) of this Paragraph 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 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 as may be provided by law.
(c) The manner of election or appointment, the qualifications, term of office, residence requirements, powers, duties and compensation of any area school district superintendent shall be as provided by law enacted pursuant to Paragraph I of this Section. Subsequent to the creation of an area school district, the manner of election or appointment of the area school superintendent, and his tenure, and residence requirements, may be changed by local or special law, conditioned upon approval by a majority of the qualified voters in each of the original political subdivisions of the area school district voting in a referendum thereon. Area school superintendents shall have such powers, duties, and further qualifications a,s provided by law.
Paragraph VI. Independent Systems Continued; New Systems Prohibited. Authority is hereby granted to municipal corporations to maintain existing independent school systems, and support the same as authorized by special or general law, and such existing systems may add thereto colleges. No independent school system shall hereafter be established.
Paragraph VII. Certain Systems Protected. Public school systems established prior t o the adoption of the Constitution of 1877 shall not be affected by this Constitution.
SECTION VI.
GRANTS, BEQUESTS AND DONATIONS
Paragraph I. Grants, Bequests and Donations Permitted. The State Board of Education and the Regents of the University System of Georgia may accept bequests, donations and grants of land, or other property, for the use of their respective systems of education.
Paragraph 11. Grants, Bequests and Donations to County and Area Boards of Education and Independent School Systems. County and Area Boards of 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.
SECTION VII.
LOCAL TAXATION FOR EDUCATION
Paragraph I. Local Taxation for Education. The fiscal authority of each county shall annually levy a school tax for the support and maintenance of education, not greater than twenty mills per dollar as certified t o it 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 tax shall be on all property in said county as recommended by the governing body of said system. The certification to be made by an Area Board of Education to the fiscal authorities of the territories comprising an area school district shall be in such
Art. 8, Sec. 7, Par. 1
amount and within such limits as 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 tax 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 tax 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. The twenty mill limitation provided for herein shall not apply t o those counties n o w authorized t o levy a school tax in excess thereof.
Paragraph 11. Increasing o r Removing Tax Rate. T h e t w e n t y mill limitation provided in Paragraph 1 above may be removed o r increased in a county and in territories comprising an area school district under the procedure set out hereinafter. T h e c o u n t y o r area board o f education, in order t o instigate t h e procedure, must pass a resolution recommending that the limitation be removed and upon presentation of such resolution t o the judge of the probate court or t o the proper authorities of territories comprising an area school district, as the case may be, it shall be their duty, within ten days of receipt of the resolution t o issue the call of an election t o determine whether such limitation shall he removed. The election shall be set t o be held o n a date n o t less than twenty nor more than thirty 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 o r counties once a week f o r t w o weeks preceding t h e d a t e o f t h e 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 n o limitation in such county o r in such territories comprising the area school district and the county o r area board of education may recommend any number of mills for the purposes set out in Paragraph I above. In lieu of recommending that the limitation be removed entirely, the county or area board of education may recommend that it be increased and shall specify the amount in the resolution. The election provisions for increase shall be t h e s a m e as for removal a n d if t h e proposal is favorably v o t e d upon the county or area board of education may recommend any number of mills up t o the specified amount. It shall be the duty of the judge of the probate court o r the proper authorities, as the case may be, to hold the election, t o canvass the returns and declare the results. It shall also be their duty to certify the results t o the Secretary of State. The expense of the election shall be borne by the county o r by t h e territories comprising an area school district, as the case may be.
SECTION VIII
FREEDOM O F ASSOCIATION
Paragraph I. Freedom of Association. Freedom from compulsory association at all levels of public education shall be preserved inviolate. The General Assembly shall by taxation provide funds for an adequate education for the citizens of Georgia.
SECTION 1X.
SPECIAL SCHOOLS
Paragraph I. Special School; Creation; Taxes and Bonds. T h e hoard of education of any county, area school district or independent school system, or any combination thereof, may establish, pursuant t o local law enacted by the General Assembly, o n e or more area schools, including special schools such as vocational trade schools, schools for exceptional children, and schools for adult education, in one or more of such political subdivisions; provided, however, that the establishment and operation of such schools pursuant to such local law, and any subsequent amendments thereof, shall be first approved by a majority of the voters thereon in each of the school districts o r systems affected thereby in
Art. 8, Sec. 9 , Par. 1
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 and to require the levy of school tax funds required for the establishment and operation of such schools in such amount and manner as shall be provided in such local law. Schools established pursuant t o provisions of this Section shall be operated in conformity with regulations promulgated by the State Board of Education pursuant to provisions of law. The State is hereby authorized t o expend funds for the support and maintenance of such schools in such amount and manner as may be provided by law. Special schools, including vocational trade schools, established prior to November 8, 1966, pursuant to the amendment t o Article VII, Section VI, Paragraph I of the Constitution of 1945 proposed by a resolution approved March 17, 1960 (Ga. Laws 1960, p. 1259) and ratified on November 8, 1960, shall not be affected by this Paragraph; any political subdivision which established such a school is hereby authorized t o levy taxes for 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 t o 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 IX, Section VII of this Constitution and the laws of this State relative t o incurring other bonded indebtedness. The State is hereby authorized to expend funds for the support of such established schools in such amount and manner as may be provided by law.
ARTICLE IX.
COUNTIES AND MUNICIPAL CORPORA TIONS
SECTION I.
COUNTIES
Paragraph I. Counties a Corporate Body; Boundaries. Each county shall be a body corporate with such powers and limitations as are provided in this Constitution and as 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 as now prescribed by law, unless changed as hereinafter provided.
Paragraph 11. Number Limited. There shall not be more than one hundred and fifty-nine counties in this State.
Paragraph 111. New Counties Permitted, When. No new county shall be created except by the consolidation or merger of existing counties.
Paragraph IV. County Lines. County lines shall not be changed, unless under the operation of a general law for that purpose.
Paragraph V. County Site Changed; Method. No county site shall be changed or removed, except by a two-thirds vote of the qualified voters of the county, voting at an election held for that purpose and by a majority vote of the General Assembly.
Paragraph V1. County Government Uniform; Exceptions. Whatever tribunal, or officers, may be created by the General Assembly for the transaction of county matters, shall be uniform throughout the State, and of the same name,
Art. 9, Sec. 1, Par. 6
jurisdiction, and remedies, except that the General Assembly may provide for County Commissioners in any county, may abolish the office of County Treasurer in any county, may fix the compensation of County Treasurers, and may consolidate the offices of Tax Receiver and Tax Collector into the office of Tax Commissioner, and may fix his compensation, without respect to uniformity.
Paragraph VII. Power to Create County Commissioners. The General Assembly shall have power t o provide for the creation of county commissioners in such counties as may require them, and t o define their duties.
Paragraph VIII. County Officers Election; Term; Removal; Eligibility. The county officers shall be elected by the qualified voters of their respective counties or districts, and shall hold their office for four years. They shall be removed upon conviction for malpractice in office; and no person shall be eligible for any of the offices referred t o in this Paragraph unless he shall have been a resident of the county for two years and is a qualified voter.
Paragraph IX. Sheriffs; qualifications. Any provision of this Constitution t o the contrary notwithstanding, every sheriff shall possess the qualifications required by general law as minimum standards and training for peace officers. The General Assembly is hereby authorized to provide by law for higher qualifications for sheriffs. The provisions of this Paragraph shall not apply t o any sheriff in office on January 1, 1977.
Paragraph X. Compensation of County Officers. County officers may be on a fee basis, salary basis, o r fee basis supplemented by salary, in such manner as may be directed by law.
Paragraph XI. Method of County Consolidation, Merger, o r Division. The General Assembly shall have power, with the concurrence of a majority of the qualified voters voting thereon in each of the counties affected, to provide for the consolidation of t w o or more counties into one, or the merger of one or more counties into another, or the division of a county, and the merger of portions thereof into other counties; provided, however, upon the filing with the Judge of the Probate Court of any county of a petition signed by not less than twenty per centum (20%) of the duly qualified voters of such county, seeking such merger, consolidation or division, it shall be the duty of such Judge of the Probate Court to transmit a certified copy of such petition to each Judge of the Probate Court of all other counties affected thereby, and it shall the duty of the latter to provide for the publication of such petition, omitting therefrom the names affixed t o such petition, in the newspaper in which the sheriff's advertisements are published, once a week for a period of six consecutive weeks. If within a period of two years thereafter, a petition is presented t o the Judge of the Probate Court or Judges of the Probate Courts of the other county or counties affected, expressing favor or approval of the original petition, signed by not less than twenty per centum (20%) 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 fact of such petitions t o the Governor, whose duty it shall then be to call immediately an election on the same day in each such county, t o be held not later than sixty (60) days, and not sooner than thirty (30) days, after the filing of the last petition, publishing notice thereof once a week for two weeks in the newspaper in each county in which sheriff's advertisements are published. Provided, however, that only one such election shall be called by the Governor within any twelve-month period. The Judges of the Probate Courts of each county shall conduct the election, canvass the returns, and certify the results
Art. 9, Sec. 1, Par. 11
thereof to the Governor, who shall issue his proclamation thereon, and such results shall become effective at such time as may be prescribed by law, but not later than two (2) years following the date of such election, as hereinafter referred to. Provided, however, any election held pursuant to the call of the Governor hereunder shall be null and void unless 51% of the registered voters of the portion or portions of the counties affected shall have voted in said election. The members of the General Assembly whose districts lie wholly or partially within such counties shall serve out the remainder of their terms for which elected, and at 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 V hereof, and the General Assembly shall likewise provide by law for the effective date of such merger, consolidation or division, as the case may be, subject t o the above limitation of two years, and shall provide for the election of county officials, where required. The General Assembly shall have power t o further implement this Paragraph by law.
SECTION 11.
COUNTY HOME RULE
Paragraph I. Home Rule for Counties. (a) The governing authority of each county shall have legislative power to adopt clearly reasonable ordinances, resolutions or regulations relating to its property, affairs and local government for which no provision has been made by general law and which is not inconsistent with this Constitution, or any local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in Subparagraph (b). This, however, shall not restrict the authority of the General Assembly by general law t o further define this power or t o broaden, limit or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law t o 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 or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than sixty days apart. A notice containing a synopsis of the proposed amendment or 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 state that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for 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 t o change or repeal an amendment adopted pursuant t o a referendum as provided in 2. of this Subparagraph or t o change or repeal a local act of the General Assembly ratified in a referendum by the electors of such county unless at least twelve months have elapsed after such referendum. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.
2. Amendments t o or repeals of such local acts or ordinances, resolutions or regulations adopted pursuant t o Subparagraph (a) hereof may be initiated by a
Art. 9, Sec. 2, Par. 1
petition filed with the Judge of the Probate Court of the county containing, in cases o f counties with a population o f five thousand o r 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 than five thousand but not more than fifty thousand, at least twenty per centum of theelectors registered t o vote in the last general election; and in cases of a county with a population of more than fifty thousand, at least ten per centum of the electors registered t o vote in the last general election, which petition shall specifically set forth the exact language of the proposed amendment or repeal. The Judge of the Probate Court shall determine the validity of such petition within 60 days o f its being filed with the Judge of the Probate Court. In the event the Judge of the Probate Court determines that such petition is valid, it shall be his d u t y t o issue t h e call for an election for the purpose of submitting such amendment o r repeal t o the registered electors of the county for their approval or rejection. Such call shall be issued not less than ten nor more than sixty days after the date of the filing of the petition. He shall set the date o f such election for a day not less than sixty nor more than ninety days after the date of such filing. The Judge o f 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 s t a t e t h a t a c o p y thereof is o n file in t h e office of the Judge o f 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 are for approval of the amendment or repeal, it shall become o f full force and effect, otherwise it shall be void and of n o force and effect. The expense of such election shall be borne by the county and it shall be the duty of the Judge of the Probate Court t o hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as 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. It shall be his further duty t o certify the result thereof t o t h e Secretary o f S t a t e in accordance with t h e provisions of Paragraph 111 of this Section. A referendum on any such amendment or repeal shall not be held more o f t e n t h a n o n c e each year. N o a m e n d m e n t hereunder shall be valid if inconsistent with any provision of this Constitution o r if provision has been m a d e therefor by general law.
In the event that the Judge of the Probate Court determines that such petition was not valid, he shall cause t o be published in explicit detail the reasons why such petition is not valid: Provided, however, that in any proceeding in which the validity of t h e petition is a t issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of t h e county in t h e week immediately following the date o n which such petition is declared to be not valid.
(c) The power granted t o counties in Subparagraphs (a) and (b) above shall not be construed t o extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law, or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution:
1. Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the county
Art. 9. Sec. 2. Par. 1
governing authority.
2. Action affecting the composition, form, procedure for election or appointment, compensation and expenses and allowances in the nature of compensation, of the county governing authority.
3. Action defining any criminal offense or providing for criminal punishment.
4. Action adopting any form of taxation beyond that authorized by law or by this Constitution.
5. Action extending the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by local or general law or by this Constitution.
6. Action affecting the exercise of the power of eminent domain.
7. Action affecting any court o r 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 as is incident to the exercise of an independent governmental power.
(e) Nothing in this Paragraph shall affect the provisions of Paragraph I1 of this Section.
Paragraph 11. Salary o f County Employees; H o w Fixed. The governing authority of each county is authorized to fix the salary, compensation and expenses of those employed by such governing authority and t o establish and maintain retirement or pension systems, insurance, workmen's compensation, and hospitalization benefits for said employees.
Paragraph 111. Filing and Publication of Laws. No amendment or revision of any local act made pursuant t o Paragraph 1 of this Section shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in said Paragraphs, has been filed with the Secretary of State. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually.
SECTION 111.
MUNICIPAL CORPORATIONS
Paragraph I. General Assembly Authorized to Delegate its Powers. The General Assembly is authorized t o provide by law for the self-government of municipalities and t o that end is hereby expressly given the authority t o delegate its powers so that matters pertaining to municipalities may be dealt with without the necessity of action by the General Assembly. Any powers granted as provided herein shall be exercised subject only t o statutes of general application pertaining
Art. 9, Sec. 3, Par. 1
to municipalities.
SECTION IV.
GENERAL PROVISIONS APPLICABLE T O LOCAL GOVERNMENTS
Paragraph I. Consolidation of Governments; Subrnission to Voters. T h e General Assembly may provide by general law optional systems of consolidated county and municipal government, providing for the organization and the powers and duties of its officers. Such optional systems shall become effective when submitted t o t h e qualified voters of such c o u n t y and approved by a majority o f those voting.
Paragraph 11. Supplementary Powers. In addition t o a n d supplementary of any powers n o w 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.
(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 t o control the flow of traffic o n streets and roads constructed by counties and municipalities or any combination thereof.
(5) Parks, recieational 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.
( 1 1) Libraries.
(12) Terminal and dock facilities and parking facilities.
(13) Building, housing, plumbing, and electrical codes.
(14) Air Pollution Control.
(15) Planning and zoning, which is the power t o provide within their respective jurisdictions for the zoning or districting of such political subdivisions for various uses and other o r different uses prohibited in such zones o r districts;
Art. 9, Sec. 4, Par. 2
t o regulate t h e use for which said zones o r districts may be set apart; and t o regulate the plans for development and improvements o n real estate therein.
Except as otherwise provided in this paragraph as t o planning and zoning, nothing contained within this Paragraph shall operate t o prohibit the General Assembly from enacting general laws relative t o the above subject matters or t o prohibit the General Assembly by general law from regulating, restricting or limiting the exercise of the above powers, but, the General Assembly shall not have the authority to withdraw any such powers. The General Assembly shall act u p o n t h e above subject m a t t e r s only by general law. If population is used as a basis for classification for the applicability of any Act t o any political subdivision or subdivisions of this State on the above subject matters, the Act shall apply only to political subdivisions of less than a specified population o r shall apply to political subdivisions of more than a specified population. The General Assembly shall not, in any manner, regulate, restrict or limit the power and authority of any county, municipality, o r any combination thereof, t o plan and zone as herein defined.
Provided, however, that n o 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 n o existing local o r special laws or provision of this Constitution is intended t o be hereby repealed.
Each county and municipality, and any combination thereof, shall have the authority t o enact ordinances and t o c o n t r a c t with each o t h e r in pursuance o f this Paragraph and for the purpose of carrying out and effectuating the powers herein conferred upon such political subdivisions and in order t o 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 t o determine and fix reasonable charges and fees for such services. In addition, the powers o f taxation and assessment may be exercised by any county, municipality or any combination thereof, o r within any such district, for t h e above powers and in order t o provide such services.
Paragraph 111. Taxing Power and 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 o r otherwise, t o b e c o m e a stockholder in any c o m p a n y , 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.
Paragraph IV. Slum Clearance and Redevelopment. The General Assembly may provide by law that any city or town, or any housing authority now or hereafter established, or any county may undertake and carry out slum clearance and redevelopment work, including the acquisition and clearance of areas which are predominantly slum or blighted areas, the preparation of such areas for reuse, and the sale or other disposition of such areas to private enterprise for private uses o r t o public bodies for public uses. Any such work shall constitute a governmental f u n c t ~ o nundertaken f o r public purposes, a n d t h e powers o f taxation and eminent domain may be exercised and public funds expended in furtherance thereof.
Art. 9 Sec. 5 , Par. 1
SECTION V.
COUNTY GOVERNMENT; TAXATION POWER
Paragraph I. Power o f County Government. The General Assembly may authorize any county t o exercise the power of taxation for any public purpose as authorized by general law o r by this Constitution, and unless otherwise provided by this Constitution or by law, no levy need state the particular purposes for which the same was made nor shall any taxes collected be allocated for any particular purpose, unless expressly so provided by the General Assembly or this Constitution.
Paragraph 11. Purposes o f Taxation. In addition t o such other powers and authority as may be conferred upon any county by this Constitution or by the General Assembly, counties are hereby authorized to exercise the power of taxation for the following purposes which are hereby declared to be public purposes, and expend funds raised by the exercise of said powers for said purposes and such other public purposes as may be authorized by the General Assembly :
1. Pay the expenses of administration of the county government
2. Acquire, construct, maintain, improve, or aid in the acquisition, construction, maintenance, or improvement of public buildings, bridges, parks, recreation areas and facilities, libraries, streets, sidewalks, roads, airports, docks, facilities for mass transit system for the transportation of passengers for hire, and other properties for public use; and t o acquire any real property or any interest therein in connection with the foregoing.
3. Provide for the operation of the courts, the maintenance and support of prisoners, and the handling of litigation affecting the county.
4. Establish and conduct public health and sanitation programs and provide for the collection and preservation of records and vital statistics.
5. Establish and maintain a county police department.
6. Provide medical or other care and hospitalization for the indigent sick and to support paupers.
7. Pay county agricultural and home demonstration agents and conduct programs utilizing the services of such agents.
8. Establish and conduct programs of welfare benefits and public assistance as may be provided by law.
9. Provide fire protection for forest lands and conserve natural resources.
10. Provide insurance, retirement and pension benefits, coverage under Federal Old Age and Survivors' Insurance programs, hospitalization benefits, and workmen's 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.
Art. 9, Sec. 5, Par. 2
11. Establish and maintain a recreation system.
12. To provide for paying the principal and interest of any debt of the county arid 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, as provided in Article VIII of this Constitution, upon the assessed value of all taxable property within the county, exclusive of any independent school system therein.
The grant of powers to counties contained in this Paragraph and in Paragraph IV of this Section shall not operate to prohibit the General Assembly from enacting general laws relative to the above subject matters or to prohibit the General Assembly by general law from regulating, restricting or limiting the exercise of such powers, except that the authority of the General Assembly provided herein shall not be construed t o authorize the General Assembly t o affect or modify the authority and duty of the governing authorities of counties to levy the tax provided for by subparagraph 14 above. The General Assembly shall act upon the above subject matters only by general law. The General Assembly shall not have the authority< to withdraw any such powers. If population is used as a basis for classification for the applicability of any Act t o any political subdivision or subdivisions of this State on the above subject matters, the Act shall apply only to political subdivisions of less than a specified population or shall apply to political subdivisions of more than a specified population.
Paragraph 111. Establishment o f Taxing Districts. Except as provided in Paragraph I1 of Section IV herein or under the authority of a general or local law, a county governing authority may not district a county to provide water, sewerage, garbage, electricity, gas, or fire protection services. Such services shall be authorized only by an act of the General Assembly establishing, or authorizing the establishment of, a special district or districts therefor, and authorizing such county t o levy a tax only upon the taxable property in such districts for 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.
Paragraph IV. Eminent Domain. Any county is hereby authorized t o exercise the power of eminent domain for any public purpose.
SECTION VI.
CONTRACTS
Paragraph I. Contracts For 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
Art. 9, Sec. 6, Par. 1
corporation or authority, provided such contracts shall deal with such activities and transactions as such subdivisions are by law authorized t o undertake.
Notwithstanding any other provision of any other Section of any other Article of this Constitution, the General Assembly shall include in each General Appropriations Act in the appropriation payable t o each department, agency, or institution of the State, in addition t o such other items as may be included in such appropriation, and whether or not any other items are included, sums sufficient t o satisfy the payments required t o be made in each year under lease contracts now entered into pursuant to this Paragraph [(a) by and between such department, agency, or institution of the State and any State authority which was created and activated o n or before November 8, 1960, which said lease contracts constitute security for bonds or any other obligations heretofore issued by any such authority. In the event for any reason any such appropriation is not made, then the fiscal officers of the State are hereby authorized and directed to set up on their appropriation accounts in each fiscal year as an appropriation the respective amounts required by each such department, agency, or institution of the State to pay the obligations called for under any such lease contract. The amount of the appropriation in each fiscal year t o meet such lease contract obligations as authorized hereunder shall be due and payable to each such department, agency, or institution of the State in each fiscal year to be expended for the purpose of paying the lease contract obligation required under the terms and conditions of such lease contracts and said appropriation shall have the same legal status as if the General Assembly had included the amount of the appropriation in a General Appropriations Act.
(b) Any city, town, municipality or county of this State is empowered, in connection with any contracts authorized, by the preceding paragraph, t o convey to any public agency, public corporation or authority now or hereafter created, existing facilities ~ p e r a r e dby such city, town, municipality or county for the benefit of residents of such subdivisions, provided the land, buildings and equipment so conveyed shall not be mortgaged or pledged to secure obligations of any such public agency, public corporation or authority and provided such facilities are t o be maintained and operated by such public agency, public corporation or authority for the same purposes for which such facilities were operated by such city, town, municipality or county. Nothing in this Section shall restrict the pledging of revenues of such facilities by any public agency, public corporation or authority.
(c) Any city, town, municipality or county of this State, or any combination of the same, may contract with any public agency, public corporation or authority for the care, maintenance and hospitalization of its indigent sick, and may as a part of such contract obligate itself t o pay for the cost of acquisition, construction, modernization o r repairs of necessary buildings and facilities by such public agency, public corporation o r authority, and provide for the payment of such services and the cost to such public agency, public corporations or authority of acquisition, construction, modernization or repair of buildings and facilities from revenues realized by such city, town, municipality or county from any taxes authorized by the Constitution of this State or-revenues derived from any other sources.
Paragraph 11. Liability Insurance. The governing authority of each county is hereby authorized in its discretion to purchase liability insurance to cover damages on account of bodily injury or death t o any person or damage t o
Art. 9. Sec. 6, Par. 2
property of any person arising by reason of ownership, maintenance, operation or use of any motor vehicle by such county, whether as a result of a governmental undertaking or not, and t o pay premiums therefor. The governing authority is hereby authorized t o levy a tax for such purpose. In the event of purchasing such insurance, the governmental immunity of the county shall be waived to the extent of the amount of insurance so purchased. Neither the county nor the insurer shall be entitled t o plead governmental immunity as a defense and may make only such defense as could be made if the insured were a private person. The county shall be liable only for damages suffered while said insurance is in force. No attempt shall be made in the trial of any action brought against the county t o suggest the existence of any insurance which covers in whole or in part, any judgment or award which may be rendered in favor of the plaintiff. If the verdict rendered by the jury exceeds the limitation of the insurance, the court shall reduce the amount to a sum equal to the applicable limitations stated in the policy.
SECTION VII.
LIMITATION ON COUNTY AND MUNICIPAL DEBTS
Paragraph I. Debts of Counties and Cities. The debt hereafter incurred by any county, municipal corporation or political subdivision of this State except as 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 or division shall incur any new debt except for a temporary loan or loans, to supply casual deficiencies of revenue, not to exceed one-fifth of one per centum of the assessed value of the taxable property therein, without the assent of a majority of the qualified voters of the county, municipality or other political subdivision voting in an election for that purpose t o be held as prescribed by law; and provided further that 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 State are hereby declared t o be null and void; and the General Assembly shall hereafter have no power t o 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 January 1, 1945, shall not be affected hereby; provided, that 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 t o the construction of public works, and where the funds so used for the purposes specified are to be repaid within a period of ten years.
Every county is hereby empowered t o create debt, by way of borrowing from private individuals, firms, corporations, o r partnerships as well as from the State, for the purpose of paying the whole or part of the cost of property valuation and equalization programs for ad valorem tax purposes; t o contract for the repayment thereof and t o issue notes or other like instruments as evidence of the obligation to repay the debt so contracted without being subject to any limit as t o amount of such debt so created and without the necessity of approval thereof by the qualified voters of that county; provided nevertheless that the debt shall be payable in one or more equal installments, one of which shall fall due at least each year, but which may fall due each month, the last of which shall mature not more than seven years from the date of creation and shall not bear interest in excess of
Art. 9, Sec. 7, Par. 1
five (5%) per cent per a n n u m on unpaid principal; and a tax shall be levied o n the taxable property of the county as may be needed t o repay such debt so created; provided, however, that n o county shall be empowered t o create debt under the provisions of this paragraph for the purposes of a property valuation and equalization program until such program and all contracts t o be entered into pursuant thereto shall have been approved by the State Revenue Commissioner, and until such county shall have entered into an agreement with the State Revenue Commissioner that such program shall be carried o u t in accordance with such Rules and Regulations pertaining t o such programs as may be promulgated by the Commissioner.
All existing local constitutional amendments adopted prior t o November 5, 1974, relating t o maximum bond debt limitation shall continue to be of full force and effect and shall not be affected by this Paragraph.
Paragraph 11. Levy o f Taxes to Pay Bonds. Any county, municipal corporation or political division of this State which shall incur any bonded indebtedness under the provisions of this Constitution, shall at or before the time of so doing, provide for the assessment and collection of an annual tax sufficient in amount t o pay the principal and interest of said debt, within thirty years from the date of the incurring of said indebtedness.
Paragraph 111. Additional Debt Authorized, When. In addition t o the debt authorized in Paragraph I of this Section, t o be created by any c o u n t y , municipal corporation o r political subdivision of this State, a debt may be incurred by any county, municipal corporation or political subdivision of this State, in excess of seven per centum of the assessed value of all the taxable property therein, upon the following conditions: Such additional debt, whether incurred at one or more times, shall not exceed in the aggregate, three per centum of the assessed value of all the taxable property in such c o u n t y , municipality, o r 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 t o the issuance of such additional debt, a tax upon all of the taxable property within such county, municipality or political subdivision collectible annually, sufficient t o pay in full the principal and interest of such additional debt when as d u e ; such tax shall be in addition t o and separate from all other taxes levied by such taxing authorities, and the collections from such tax shall be kept separate and shall be held, used and applied solely for the payment of the principal and interest of such additional indebtedness; authority t o create such additional indebtedness shall first have been authorized by the General Assembly; the creation of such additional indebtedness shall have been first authorized by a vote of the registered voters of such county, municipality or political subdivision at an election held for such purpose, pursuant t o and in accordance with the provisions of this Constitution and of the then existing laws for the creation of a debt by counties, municipal corporations, and political subdivisions of this State, all of which provisions, including those for calling, advertising, holding and determining the result of, such election and the votes necessary to authorize the creation of an indebtedness, are hereby made applicable t o an election held for the purpose of authorizing such additional indebtedness.
Paragraph IV. Temporary Loans Authorized; Conditions. In addition to the obligations hereinbefore allowed, each county, municipality, political subdivision of the State authorized t o levy taxes, and county board of education, is given the
Art. 9, Sec. 7, Par. 4
authority t o make temporary loans between January 1st and December 31st in each year t o 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 at any one time shall not exceed 75% of the total gross income of such county, municipality, political subdivision or county Board of Education, from taxes collected by such county, municipality, political subdivision or county Board of Education in the last preceding year. Such loans shall be payable o n or before December 31st of the calendar year in which such loan is made. No loan may be made in any year under the provisions of this Paragraph when there is a loan then unpaid which 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, political subdivision or county Board of Education, at 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 any one calendar year, an 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 for 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.
Paragraph V. Community Disaster Loans. In addition t o the obligations hereinbefore allowed, each county, municipality and political subdivision of the State authorized t o levy taxes is hereby granted the authority t o obtain federal community disaster loans, in an amount up t o twenty-five percent of the anticipated revenues for the fiscal year in which the disaster occurs, in accordance with and pursuant t o the provisions of the Federal Disaster Relief Act of 1974 (Public Law 93-288); provided that authorization for such loans is contingent upon the county, municipality or political subdivision of the State suffering a substantial loss of tax and other revenues as a result of a major disaster and the existence of a demonstrated need for financial assistance in order t o perform its governmental functions. Federal community disaster loans may only be applied for and obtained from the federal government under the condition that requirement of repayment of all or any part of such loans shall be cancelled in the event that and to the extent that revenues of the county, municipality or political subdivision during the full three-year fiscal period following the major disaster are insufficient to meet the operating budget of the local government, including additional disaster related expenses of a municipal operation character.
SECTION VIII.
REVENUE OBLIGATIONS
Paragraph I. Revenue Anticipation Obligations. Revenue anticipation obligations may be issued by any county, municipal corporation or political subdivision of this State, to provide funds for the purchase or construction, in whole or in part, 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 as "The Revenue Certificate Laws of 1937," as amended by the Act approved March 14, 1939, t o construct and operate, or t o provide funds to extend, repair or improve any such existing facility, and to buy, construct, extend, operate and maintain gas o r electric
Art. 9. Sec. 8. Par. 1
generating and distribution systems, together with all necessary appurtenances thereof. Such revenue anticipation obligations shall be payable, as t o principal and interest, only from revenue produced by revenue-producing facilities of the issuing political subdivisions, and shall not be deemed debts of, or to create debts against, the issuing political subdivisions within the meaning of this paragraph or any other of this Constitution. This authority shall apply only to revenue anticipation obligations issued to provide funds for the purchase, construction, extension, repair or improvement of such facilities and undertakings as are specifically authorized and enumerated by said Act of 1937, as amended by said Act of 1939; and t o buy, construct, extend, operate and maintain gas or electric generating and distribution systems, together with all necessary appurtenances thereof; provided further any revenue certificates issued to buy, construct, extend, operate and maintain gas o r electric generating and distribution systems shall, before being undertaken, be authorized by a majority of those voting at an election held for the purpose in the county, municipal corporation or political subdivision affected, the election for such to be held in the same manner as is used in issuing bonds of such county, municipal corporation o r political subdivision and the said elections shall be called and provided for by officers in charge of the fiscal affairs of said county, municipal corporation or political subdivision affected; and n o such issuing political subdivision of the State shall exercise the power of taxation for the purpose of paying the principal or interest of any such revenue anticipation obligations or any part thereof.
Provided that after a favorable election has been held as set forth above, if municipalities, counties or other political subdivisions shall purchase, construct, or operate such electric or gas utility plants from the proceeds of said revenue certificates, and extend their services beyond the limits of the county in which the municipality or political subdivision is located, then its services rendered and property located outside said county shall be subject t o taxation and regulation as are privately owned and operated utilities.
The General Assembly is authorized t o create an instrumentality and department of the State of Georgia t o be known as the Brunswick Ports Authority, and to provide for its powers and functions. Act number 314 of the Acts of the General Assembly of 1945 (Ga. L. 1945, p. 1023) as amended by House Bill number 1053 of the General Assembly of 1958 (Ga. L. 1958, p. 82) is hereby ratified and confirmed, so that the said Acts shall have the same force and effect as if they had been enacted subsequent to the amendment adopted November 8, 1960, to Article VII, Section VII, Paragraph V of the Constitution of 1945; provided, however, that nothing herein shall prevent the General Assembly from amending said Acts, so as t o add and enlarge powers of the Authority.
Paragraph 11. Revenue Obligations Authorized. The development of trade, commerce, industry and employment opportunities is hereby declared t o 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 an Authority by any county or municipal corporation or combinations thereof under such uniform terms and conditions as it may deem necessary. The General Assembly may exempt from taxation Development Authority obligations, properties, activities or income and may authorize the issuance of Revenue Obligations by such Authorities which shall not constitute an indebtedness of the State within the meaning of Section VII of this Article.
The General Assembly may provide for the validation of any Revenue
Art. 9. Sec. 8. Par. 2
Obligations authorized,and that such validation shall thereafter be incontestable and conclusive.
Paragraph 111. Refunding Bonds. The General Assembly is hereby authorized t o create a commission and to vest such commission with the power to secure all necessary information and to approve or disapprove the issuance of bonds for the purpose of refunding any bonded indebtedness of any county, municipality or political subdivision of this State issued prior to the adoption of the Constitution of 1945, including the authority t o approve or disapprove the amount and terms of such refunding bonds, together with such other powers as t o 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 t o 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 any bonds issued after the adoption of the Constitution of 1945.
Paragraph IV. 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 any outstanding bonded indebtedness of any county, municipality or political subdivision now or hereafter issued, for the purpose of reducing the amount payable, principal or interest, on such bonded indebtedness, and upon the condition that, the issuance of such refunding bonds will reduce the amounts payable upon such outstanding bonds, principal or interest. Such refunding bonds shall replace such outstanding bonded indebtedness. The said Commission shall have the authority 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 for the said purpose, when approved by the said Commission and authorized by the governing authority of such county, municipality or subdivision, without an election by the qualified voters as otherwise required, but in all other respects such refunding bonds shall comply with the provisions of this Constitution.
Paragraph V. Sinking Funds for Bonds. All amounts collected from any source for the purpose of paying the principal and interest of any bonded indebtedness of any county, municipality or subdivision and to provide for the retirement of such bonded indebtedness, above the amount needed to pay the principal and interest on such bonded indebtedness due in the year of such collection, shall be placed in a sinking fund to be held and used 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 apart from all other moneys of such county, municipality or subdivision, and shall be used for no purpose other than that above stated. The moneys in such sinking fund may be invested and reinvested by the governing authorities of such county, municipality or subdivision or by such other authority as has been created to hold and manage
Art. 9. Sec. 8. Par. 5
such sinking fund, in the bonds of such county, municipality o r subdivision, in the bonds or obligations of the State of Georgia, of the counties and cities thereof and of the government of the United States, of subsidiary corporations of the Federal Government fully guaranteed by such government and in accounts and certificates which are fully insured by the Federal Deposit Insurance Corporation or the Federal Savings and Loan Insurance Corporation, and no other. Any person or person violating the above provisions shalE be guilty of malpractice in office and shall atso be guilty of a misdemeanor, and shall be punished, when convicted, as prescribed by law for the punishment of misdemeanors, until the General Assembly shall make other provisions for the violation of the terms of this paragraph.
ARTICLE X.
RETIREMENT SYSTEMS AND EDUCA TIONAL SCHOLARSHIPS
SECTION I.
RETIREMENT SYSTEMS
Paragraph I. Teacher Retirement System-Taxation For. 'The powers of taxation may be exercised by the State through the General Assembly and by counties and municipalities, for the purpose of paying pensions and other benefits and costs under a teacher retirement system or systems; provided no indebtedness against the State shall ever be created for the purpose herein stated in excess of the taxes lawfully levied each fiscal year under Acts of the General Assembly authorized hereunder.
Paragraph 11. Retirement System for Employees. The General Assembly is authorized to establish an actuarially sound retirement system for employees under a merit system.
Paragraph Ill. Public School Employees Retirement System. The General Assembly is hereby authorized to provide by law for the creation of an actuarially sound, participating retirement system for all employees of public schools who are not covered by the Teachers' Retirement System including, but not limited to, school bus drivers, school lunch-room personnel, school maintenance personn'el and school custodial personnel. The General Assembly is further authorized t o provide in said Act creating such retirement system, or in any amendatory Atts thereto, for the expenditure of State funds and the fun'ds of county and independent boards of education in support of said retirement system, in such manner as the General Assembly shall determine.
Paragraph IV. Firemen's Pension S)lstem. The powers of taxation may be exercised by the State through the General Assembly, and the counties and municipalities, for the purpose of paying pensions and other benefits and costs under a firemen's pension system or systems. The taxes so levled may be collected by such firemen's pension system or systems and disbursed therefrom by authority of the General Assembly for the purposes heretn authorized.
Paragraph V. Increased Retirement Benefits Authorized. (a) Any other provisions of this ,Constitution t o the contrary notwithstanding, the General
Art. 10, Sec. 1, Par. 5
Assembly is hereby authorized t o provide by law, from time t o time, for the increase of retirement or other benefits of retired persons who have retired or who retire in the future 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 t o 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 t o receive such increased benefits participate pro rata therein.
(b) 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, for the increase of retirement or pension benefits of retired public schoolteachers who retired pursuant to 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 t o such terms and conditions as the General Assembly may provide by law.
(c) Any other provisions of this Constitution to the contrary notwithstanding, the General Assembly is hereby authorized t o provide by law, from time t o time, for the increase of retirement or pension benefits of retired persons who retired pursuant t o any retirement system, annuity and benefit fund, pension system or any similar system heretofore or hereafter created by law t o which the General Assembly appropriates funds. The General Assembly shall be authorized to appropriate funds for the purpose of increasing the retirement or pension benefits of such retired persons.
(d) 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, for the increase of retirement or pension benefits of retired persons who have retired or who retire in the future pursuant to the Georgia Firemen's Pension Fund or any similar fund or system heretofore or hereafter created by law. No formerly retired person shall receive any greater benefits than those benefits provided by law to be received upon retirement by members of the Fund who have not retired. The funds necessary to provide for such increases in benefits shall come from funds otherwise provided for the operation of the Georgia Firemen's Pension Fund or from such other public funds as the General Assembly shall direct.
[Editorial Note: Subparagraph (d) of Paragraph V was added by an amendment ratified Nov. 4,1980.1
SECTION 11.
EDUCATIONAL SCHOLARSHIPS, LOANS, AND GRANTS
Paragraph I. Authorization. Notwithstanding any other provisions of this Constitution, the General Assembly is hereby authorized t o provide by law for 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 for educational purposes. The General Assembly is authorized t o provide for all matters relative to such programs. Taxes may be levied and public funds expended for such purposes.
Paragraph 11. Grants for Education. Notwithstanding any other provisions of this Constitution, the General Assembly may by law provide for grants of State,
Art. 10. Sec. 2. Par. 2
county o r municipal funds t o citizens of the State for educational purposes, in discharge of all obligation of the State t o provide adequate education for its citizens.
Paragraph 111. State Medical Education Board. There is hereby created a board t o be known as the State Medical Education Board t o consist of five members, one of whom shall be the President of the Medical Association of Georgia, one of whom shall be the immediate past President of the Medical Association of Georgia, and three members t o be appointed by the Governor, who shall be qualified electors of the State of Georgia. The members of the board in office on the effective date of this Constitution shall serve out the remainder of their respective terms. Thereafter the Governor shall appoint three members for a term of four years, and shall appoint the President and the immediate past President of the Medical Association of Georgia pursuant t o their position and office in those respective capacities. Vacancies shall be filled by appointment by the Governor for the unexpired term.
The members of the Board shall receive such compensation and allowances as .provided by law 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 t o be paid upon the approval of the Chairman o r Vice-Chairman of the Board, out of any funds made available t o said Board.
The secretary of the Board shall be whosoever is serving as the secretary of the Board of Regents, who shall keep the records and minutes of the proceedings of the Board and who shall also keep the books, records and accounts of the Board, and whose compensation as secretary of this Board shall be fixed by the Board. The secretary shall prepare and countersign all checks, vouchers and warrants drawn upon the fifnds 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 an account for all the funds of the Board, and shall execute and file with the Board a surety bond in the sum of $10,000.00, payable t o the State of Georgia, and conditioned upon the faithful performance of his duties and that he shall properly account for all funds coming into his hands as such secretary, the premium on such bond t o be paid out of the funds of the Board.
The board may employ clerical assistance as is required and needed.
The board shall elect a chairman and also a vice-chairman to serve in the absence or inability of the chairman. The board shall maintain an office at the Medical College of Georgia, and shall meet at the said office o r elsewhere at least once each quarter at such time as may be fixed by the board. Special meetings shall be held upon call of the chairman. Three members of the board shall constitute a quorum for the transaction of business, and the board shall keep full, complete and permanent minutes and records of all its proceedings and actions.
It shall be the duty of the board t o receive and pass upon, allow or disallow all applications for loans or scholarships made by students who are bona fide citizens and residents of the State of Georgia and who desire to become doctors of medicine and who are acceptable for enrollment in a qualified four-year medical school. The purpose of such loans shall be to enable such applicants to obtain a standard four-year medical education which will quailfy them to become licensed, practicing physicians within the State of Georgia. It shall be the duty of the board to make a careful and full investigation of the ability, character and qualifications of each applicant and determine his fitness to become the recipient of such loan or scholarship, and for that purpose the board may propound such examination
Art. 10. Sec. 2, Par. 3
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 Paragraph. The investigation of the applicant shall include an investigation of the ability of the applicant, or of the parents of such applicant, to pay his own tuition at such a medical school and the board in granting such loans and scholarships shall give preference t o qualified applicants who, or whose parents, are unable t o pay the applicant's tuition at such a medical school.
The said board shall have authority t o grant t o each applicant deemed by the board to be qualified to receive the same, a loan or scholarship for the purpose of acquiring a medical education as herein provided for, upon such terms and conditions t o be imposed by the board as provided for in this Paragraph.
Applicants who are granted loans or scholarships by the Board shall receive a loan or scholarship not t o exceed $1 5,000.00 t o any one applicant t o be paid in such manner as may be determined by the Board with which t o defray the tuition and other expenses of any such applicant in any responsible, accepted and accredited medical college or school in the United States. The loans and icholarships herein provided shall not exceed the sum herein stated, but they may be prorated in such manner as t o pay t o the medical college or school to which any applicant is admitted such funds as are required by that college or school, and the balance t o be paid direct t o the applicant; all of which shall be under such terms and conditions as may be provided under rules and regulations of the Board. The said loans or scholarships t o be granted t o each applicant shall be based upon the condition that the full amount thereof shall be repaid to the State of Georgia in services t o be rendered by the applicant by practicing his profession at some place within the State of Georgia t o be approved by the Board. One-fifth of the loan or scholarship, together with interest thereon, shall be.credited to the applicant for each year of practicing his profession in a community of 15,000 population or less, according t o the United States Decennial Census of 1970 or any future such census, or at Central State Hospital, Gracewood State School and Hospital, o r at any facility operated by o r under the jurisdiction of the Department of Human Resources or at any of the above facilities of the Department of Offender Rehabilitation. The Board shall have the authority to cancel the contract of any applicant at any time for cause deemed sufficient by the Board. Upon cancellation of the contract for any cause whatsoever, including default or breach thereof by the applicant, the total uncredited amount of the scholarship paid to the applicant shall at once become due and payable to the Board in cash with interest at the rate of nine percent (9%) per annum from the date of each payment by the Board, compounded annually.
Each applicant before being granted a loan or scholarship shall enter into a contract with the State of Georgia, agreeing to the terms and conditions upon which the loan or scholarship shall be granted t o him, which said contract shall include such terms and provisions as will carry out the full purpose and intent of this Paragraph, 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 Paragraph the disabilities of minority of all applicants granted loans o r scholarships hereunder shall be and the same are hereby removed and the said applicants are declared t o be of full lawful age for the purpose of entering into the contract hereinabove provided for, and such contract so executed by an applicant is hereby declared t o be a valid and binding contract the same as though the said applicant were of the full age of 18 years and upward. The board is hereby vested with full and complete authority and power to sue in its own name any applicant for any balance due the board on any such contract.
Art. 10, Sec. 2, Par. 3
It shall be the duty of the board t o contact and make inquiry of such of the four-year medical colleges and schools as herein provided as it deems proper, and make such arrangements and enter into such contracts, within the limitations as t o cost as herein provided, for the admission of students granted loans o r scholarships by the board, such contracts t o be approved by the Attorney-General of this State, and the money obligations of such contract as made by t h e board with any such colleges shall be paid for out of funds t o be provided by law for such purposes, and all students granted loans o r 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 t o cancel any contract made between it and any applicant for loans o r scholarships upon cause .deemed sufficient by the board. And the board shall have authority t o cancel such contracts which it may lawfully cancel made with any of the colleges o r schools as herein provided.
All payments of funds for loans o r scholarships hereunder shall be made by requisition of the board signed by the chairman and the secretary directed t o the auditor of public accounts, who shall thereupon issue a warrant o n the treasury of the State ot tieorgla tor the amount fixed in the requisition and payable t o the person designated thereon, which said warrant upon presentation shall be paid by the Director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, o u t of any funds appropriated by the legislature for the purposes provided for under this Paragraph.
All funds made available t o 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 s o m e solvent bank within t h e State of Georgia, selected by the board, and such funds may be drawn and expended by check or warrant signed by the chairman and attested by the secretary.
The board shall make a biennial report t o the legislature of its activities, loans or scholarships granted, names of persons to whom granted and the institutions attended by those receiving the same, t h e location o f t h e applicants w h o have received their education and become licensed physicians and surgeons within this State as a result of the said loans and/or scholarships, and where they are practicing, and shall make a full report of all its expenditures for salaries and expenses incurred hereunder.
It is the purpose and intent of this Paragraph t o bring about an adequate supply of doctors of medicine in the more sparsely populated areas of the State 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 t o return to Georgia and practice their profession, thus affording adequate medical care to the people of Georgia.
Paragraph IV. State Dental Education Board. There shall be a State Dental Education Board of Georgia, which is authorized t o grant loans o r scholarships t o students who are citizens and residents of the State of Georgia, and who desire t o become dentists. The appointment of members of said State Dental Education Board of Georgia, their qualifications, terms of office, powers, duties, functions and authority; and the provision of funds to carry out the purposes provided for herein shall be as enacted and appropriated by the General Assembly of the State of Georgia.
Paragraph V. State Scholarship Commission. The General Assembly is hereby authorized to provide by law a State Scholarship Commission to be authorized
Art. 10. Sec. 2. Par. 5
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 t o provide for the duties, powers, authority, jurisdiction and composition of any such commission and is authorized t o provide for all other matters relative t o the purposes provided for herein.
Paragraph VI. Mental Health Scholarships. The Commissioner of Human Resources, with the approval of the Board of Human Resources, is hereby authorized to extend scholarships to physicians and other personnel to take post graduate courses in the various schools and clinics in the United States so as to enable them t o be better qualified in the diagnosis, care and treatment of mental illness. As a prerequisite t o the grant of such scholarship, the recipient therof must agree t o actively engage in the practice of his profession in a hospital operated by the State of Georgia, under the supervision of the State of Georgia, or at some place approved by the authority granting the scholarship, o n the basis of one year of service for each year of training received. The remedies for the enforcing of service required shall be the same as provided for medical grants and scholarships and such other remedies as may be provided by law.
Paragraph VII. Board o f Regents Scholarships. The Board of Regents of the University System of Georgia shall have the authority to grant t o qualified students, who are citizens and bona fide residents of the State of Georgia and who would not otherwise have available the funds necessary t o obtain an education, such scholarships as are necessary for them t o complete programs of study offered by institutions of the University System of Georgia, with the exception of the program leading t o 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 that 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 the scholarships for a period of one year for each $1,000 received. The General Assembly shall appropriate such funds t o the Board of Regents of the University System of Georgia as it sees fit in order to carry out the purposes of this provision.
It shall be the duty of the Board of Regents t o receive and pass upon, allow or disallow, all applications for scholarships; t o contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and t o manage, operate, and control all funds appropriated for this purpose.
Paragraph VIII. Scholarships for Prospective Teachers. The State Board of Education shall have the authority t o grant to citizens who are interested in becoming teachers and who are bona fide residents of the State of Georgia such scholarships as are necessary for them t o complete programs of study in preparation for teaching. The terms and conditions thereof shall be prescribed and regulated by the State Board of Education but shall include the condition that recipients of such scholarships shall, upon the completion of their programs of study, teach in the public schools of Georgia for a period of one year for each $1,000 received, and include the further provision that any person using any such scholarship shall teach in the public schools of Georgia for at least three years in any event.
The General Assembly shall have the authority t o appropriate such funds t o the State Board of Education as it deems wise and proper t o carry o u t the purposes of this provision.
Art. 10, Sec. 2, Par. 8
It shall be the duty o f the State Board o f Education t o receive and pass upon, allow or disallow all applications for scholarships for teachers, t o contract, increase, decrease, t e r m i n a t e a n d otherwise regulate all grants for scholarships; and t o manage, operate and control all funds appropriated for this purpose.
Paragraph I X . State Participation in Federal Educational Programs. The General Assembly is hereby authorized t o appropriate funds t o any S t a t e department or other State agency for the purpose of being used to obtain funds from the Federal Government for educational scholarships, educational loans and other educational purposes and all such State departments and other State agencies shall be authorized t o use the funds s o appropriated and the funds received from the Federal Government for the purposes authorized and directed by the Federal Government in making such funds available.
Paragraph X . Scholarships Financed from State Agency Funds. State departments and agencies of the State government of Georgia shall have the authority t o disburse State funds t o match federal funds in order t o provide qualified employees with educational scholarships and for use in other federal education programs but shall include the condition that personnel t o whom the scholarships are extended must, as a prerequisite thereto agree to work for the department or agency granting the scholarships for at 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 granting the scholarships. Provided further that no additional appropriation shall be made by the General Assembly t o finance such scholarships, but the same shall be financed from the regular appropriations t o the various State departments and State agencies. It shall be the duty of the various State departments and State agencies t o receive and pass upon, allow o r disallow all applications for scholarships in accordance with rules and regulations prescribed by t h e m ; t o contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; a n d t o manage, operate a n d t o control all funds used for this purpose.
Paragraph XI. Scholarships to Children of Law Enforcement Officers, Firemen, Etc. The General Assembly is hereby authorized t o provide by law for a program t o grant scholarships or other assistance to the children of law enforcement officers, firemen and prison guards, who are permanently disabled or killed in the line of duty, t o enable such children t o acquire an education beyond the 12th grade, or to enable such children t o attend a vocational-technical school. The General Assembly shall be further authorized t o 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 Paragraph shall be administered by the State Scholarship Commission or the Higher Education Assistance Corporation, as t h e General Assembly shall determine. T h e General Assembly is hereby further authorized t o appropriate any funds it deems necessary for the purpose of carrying out the provisions of this Paragraph.
T h e General Assembly is hereby authorized a n d e m p o w e r e d t o appropriate any amount of funds it deems necessary for the purposes of implementing any Act which becomes law as authorized by this Paragraph.
Paragraph XII. Vocational Rehabilitation Grants. Notwithstanding any other provisions of this Constitution, whenever the State Board of Vocational Education may be entitled t o receive Federal funds made available under the
Art. 10. Sec. 2. Par. 12
Vocational Rehabilitation Act, 29 United States Code, Chapter 4, or any amendment thereto, said Board shall be authorized t o receive and administer such funds in accordance with the terms of the grant, and where the grant so provides, may disburse said funds to non-profit corporations or associations which are engaged solely in the vocational rehabilitation of disabled persons provided, however, that nothing in this Paragraph shall be construed to authorize the expenditure of any State funds until the same shall have been appropriated by the General Assembly.
Paragraph XIII. Tuition Grants to Children of Certain Prisoners of War. The General Assembly is hereby authorized t o provide by law for tuition grants to qualified students, who are children of certain United States servicemen as hereinafter, provided, to enable them to complete programs of study offered in the educational institutions of this State. The tuition grants shall apply to children of servicemen who were bona fide residents of this State at the time of their entry into the Armed Forces and who are certified by the United States Department of Defense or the United States Veterans Administration as missing in action for more than 90 days or captured in line of duty by a hostile force or forcibly detained or interned in line of duty by a foreign power since 26 March 1964; provided, however, that this shall not include any serviceman who is not in fact missing in action, but is missing because of unlawful actions o n his part. The provisions of this Paragraph shall not apply to children born to any serviceman after his missing in action status is clarified or after his release from prison. The provisions of this Paragraph shall not apply to children of any servicemen who were discharged under other than honorable conditions. The provisions of this Paragraph shall not apply to the children of any servicemen who are eligible for federal benefits under the provisions of Chapter 31, Title 38, U.S. Code Annotated (Veterans Vocational Rehabilitation); Chapter 34, Title 38, U.S. Code Annotated (Veterans Educational Assistance); or Chapter 35, Title 38, U.S. Code Annotated (Veterans War Orphans Educational Assistance Act). The recipients of such tuition grants must attend institutions within the University System of Georgia or vocational training institutions administered by the State Board of Education. The educational assistance t o 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 to 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 the State Board of Education are hereby charged with the administration of this Paragraph and may promulgate necessary rules, regulations and procedures to carry out the purposes of this Paragraph. The General Assembly shall appropriate the necessary funds for said tuition grants.
Paragraph XIV. Direct Loans for Students. (a) The General Assembly is hereby authorized t o provide by law for a program of guaranteed student loans and for the payment of interest on such loans, which loans shall be used for the purpose of acquiring an education beyond the twelfth (12th) grade. The General Assembly is authorized t o create an authority, a corporation or other entity for the purpose of administering any such law. Such law shall provide the agencies which may participate in any such loan program which may include commercial banks, savings banks, savings and Loan associations, life insurance companies, credit unions, and retirement and pension systems. Such law shall provide a maximum rate of interest which may be charged for such loans and shall provide a portion
Art. 10, Sec. 2, Par. 14
of such interest which will be paid by the State. State funds may be expended for such purposes and the General Assembly is hereby authorized to appropriate money therefor. The General Assembly is also authorized t o provide that contributions for the purposes provided herein shall be deductible for State income tax purposes. The General Assembly is also authorized t o provide for such tax exemptions as shall be deemed advisable in connection with such program. The General Assembly is hereby authorized t o provide for all other matters relative to the purposes provided for herein.
(b) The General Assembly is hereby authorized t o provide by law for the issuance of revenue bonds for the purpose of making direct loans t o students in order to allow such students to acquire an education beyond the 12th grade. The amount of such revenue bonds that may be outstanding at any one time, the interest rates, terms and conditions associated with the issuance of such bonds and all other matters relating to the issuance of such bonds shall be as the General Assembly shall proivde by law. Such bonds shall be retired by the proceeds derived from the repayment of such student loans plus the interest, which may be such rate or rates as the General Assembly shall determine, on such loans in such manner and under such terms and conditions as the General Assembly shall determine. To the extent necessary t o secure the issuance and sale of such bonds, such bonds may be retired from State funds in such manner as the General Assembly shall determine, any other provisions of this Constitution t o the contrary notwithstanding.
Paragraph XV. Grants and Scholarships to College Students. The General Assembly is authorized t o provide by law for grants o r scholarships to citizens of Georgia who are students attending colleges or universities in this State which are 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 t o provide appropriations for such purposes.
ARTICLE XI.
THE LA WS OF GENERAL OPERA TION IN FORCE IN THIS STA TE
SECTION I.
Paragraph I. Supreme Law. The laws of general operation in this State are, first: As the Supreme law: The Constitution of the United States, the laws of the United States in pursuance thereof and all treaties made under the authority of the United States.
Paragraph 11. Second in Authority. Second: As next in authority thereto: This Constitution.
Paragraph 111. Third in Authority. Third: In subordination to the foregoing: All laws now of force in this State, not inconsistent with this Constitution shall remain of force until the same are modified or repealed by the General Assembly.
Paragraph IV. Locnl and Private Acts. Local and private acts passed for the benefit of counties, cities, towns, corporations and private persons, not inconsistent with the Supreme law, nor with this Constitution and which have not expired nor been repealed, shall have the force of Statute law, subject to
Art. 1I . Sec. 1. Par. 4
judicial decision as to their validity when passed, and to any limitations imposed by their own terms.
Paragraph V. Proceedings of Courts Confirmed. All judgments, decrees, orders, and other proceedings, of the several courts of this State, heretofore made within the limits of their several jurisdictions, are hereby ratified and affirmed, subject only t o reversal by motion for a new trial, appeal, bill of review o r other proceedings, in conformity with the law of force when they were made.
ARTICLE XII.
AMENDMENTS TO THE CONSTITUTION
SECTION I .
Paragraph I. Proposals to amend the Constitution; new Constitution; submission to people. A new Constitution or amendments to this Constitution may be proposed by the General Assembly or by a constitutional convention. The proposal by the General Assembly t o provide for a new Constitution o r to amend this Constitution shall originate as a resolution in either the Senate or the House of Representatives and, if approved by two-thirds of the 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 may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative vote of two-thirds of the members elected t o each branch of the General Assembly in a roll call vote entered on their respective Journals, if such action is taken at least two months prior t o the date of the election at which such proposal is t o be submitted.
The Attorney General, the Legislative Counsel and the Secretary of State shall determine whether a proposed amendment is general, and if not general, shall determine what political subdivision or subdivisions are directly affected by such proposed amendment. If a proposed amendment is general, a summary of such proposal shall be published in the official organ of each county and, if deemed advisable by the "Constitutional Amendments Publication Board", in not more than 2 0 other newspapers in the State which meet the qualifications for being selected as the official organ of a county. Said Board shall be composed of the Governor, the Lieutenant Governor and the Speaker of the House of Representatives and shall designate the additional newspapers, if any, in which such summary shall be published. The summary shall be prepared by the Attorney General, the Legislative Counsel and the Secretary of State. Such summary shall be published once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is to be suhmitted. A copy of the entire proposed amendment shall be filed in the office of the judge of the probate court of each county and shall be available for public inspection. If such proposed amendment is not general, it shall be published in full once each week for three consecutive weeks immediately preceding the date of the election at which such proposed amendment is t o be submitted in any newspaper with a paid circulation which exceeds that of the official organ o r in the official organ of each county in which the directly affected political subdivision or subdivisions are located. The "Constitutional Amendments Publication Board" shall designate whether the official organ or another newspaper shall be selected for such publication. A proposal for a new Constitution shall be published in the same
Art. 12. Sec. 1. Par. 1
manner as a proposed general a m e n d m e n t . The General Assembly is hereby authorized t o provide by law for additional matters relative t o the publication and distribution of proposed amendments and summaries not in conflict with the provisions of this Paragraph.
[Editorial Note: The second paragraph of Paragraph I was altered by an
amendment ratified on November 7, 1978.1
Any proposed a m e n d m e n t which is general o r a proposal for a new Constitution shall be submitted t o the people of the entire State at the next general election which is held in the even-numbered years, and if ratified by a majority of the electors qualified t o vote for members of the General Assembly voting thereon, such amendment shall become a part of this Constitution or shall become the n e w Constitution, as the case may be. A proposed amendment which is n o t general shall be s u b m i t t e d a t t h e n e x t general election which is held in t h e even-numbered years, but shall only be submitted t o the people of the political subdivision or subdivisions directly affected. The votes of the electors in each political subdivision affected shall be counted separately in determining whether such proposed a m e n d m e n t is ratified, a n d it must be ratified by a majority o f t h e electors qualified t o vote for members of the General Assembly voting thereon in each such political subdivision before it shall become a part of this Constitution. The General Assembly, in the resolution, shall state the language t o be used in submitting the proposed amendment or proposal for a new Constitution. When more t h a n o n e a m e n d m e n t is submitted at t h e same time, they shall be s o submitted as t o enable the electors t o vote o n each amendment separately. A proposal for one or more changes within a single Article may be submitted as a single amendment. A proposal for one or more changes within a single Article and a related change or related changes in one or more other Articles may be submitted as a single amendment. A proposal for a new Article may be submitted as a single amendment. A proposal for a new Article and related change or related changes in o n e o r more other Articles may be submitted as a single amendment.
Paragraph 11. Convention, How Called. N o convention o f t h e people shall be called by the General Assembly t o revise, amend or change this Constitution, unless by t h e concurrence of two-thirds of all members o f each house of t h e General Assembly. The representation in said convention shall be based on population as near as practicable. This Constitution shall n o t be revised, amended, o r changed by the Convention until the proposed revision, amendment, or change has been submitted and ratified by t h e people in the manner provided for submission and ratification of amendments proposed by the General Assembly.
Paragraph 111. V e t o N o t Permitted. T h e Governor shall n o t have t h e right t o veto any proposal by the General Assembly t o provide a new Constitution or t o amend this Constitution.
Paragraph IV. Effective date of amendments. Unless the amendment itself or the resolution proposing the amendment shall provide otherwise, an amendment t o this Constitution shall become effective o n the first day of January following its ratification.
[Editorial Note: Paragraph IV was altered by an amendment ratified on
November 7, 1978.1
Art. 13, Sec. 1. Par. 1
ARTICLE XIII.
MISCELLANEOUS PRO VISIONS
SECTION I.
MISCELLANEOUS PROVISIONS
Paragraph I. Continuation of Officers. Except as otherwise provided in this
Constitution, the officers of the State and all political subdivisions thereof now existing shall continue in the exercise of their functions and duties subject to the provisions of laws applicable thereto and subject to the provisions of this Constitution.
Paragraph 11. Amendments Continued as Part of This Constitution. Amendments to the Constitution of 1877 which were continued in force and effect by Article VII, Section X, Paragraph I of the Constitution of 1945, and which are in force and effect on the effective date of this Constitution shall continue in force and effect as part of this Constitution. Amendments t o the Constitution of 1945 which did not directly affect the whole State and which were required to be ratified in a particular subdivision or subdivisions as well as in the State as a whole, which are in force and effect on the effective date of this Constitution shall continue in force and effect as part of this Constitution. Amendments to the Constitution of 1945 which were ratified pursuant to the provisions of an amendment to Article XIII, Section I, Paragraph I ratified at the 1952 general election and found in Georgia Laws 195 1, page 681, which are in force and effect on the effective date of this Constitution shall continue in force and effect as part of this Constitution. Amendments to the Constitution of 1945 which were ratified subsequent to 1956 but which were not ratified as general amendments, which are in force and effect on the effective date of this Constitution shall continue in force and effect as part of this Constitution. Amendments t o the Constitution of 1945 which were ratified subsequent to 1956 and which were ratified as general amendments but which by their terms applied principally t o a particular political subdivision or subdivisions, which are in force and effect on the effective date of this Constitution shall continue in force and effect as part of this Constitution. Amendments of the same type provided for in the immediately preceding two sentences of this Paragraph which were ratified at the same time this Constitution was ratified shall continue in force and effect as part of this Constitution.
Paragraph 111. Special Commission Created. Amendments to the Constitution of 1945 other than those covered in the last sentence of Paragraph I1 which were ratified at the same time this Constitution was ratified shall be incorporated and made a part of this Constitution as provided in this Paragraph. There is hereby created a commission t o be composed of the presiding officer of the Senate, the presiding officer of the House of Representatives, the Attorney General, the Secretary of State and the Legislative Counsel, which is hereby authorized and directed to incorporate such amendments into this Constitution at the places deemed most appropriate to the commission. The commission shall make only such changes in the language of this Constitution and of such amendments as are necessary t o properly incorporate such amendments into this Constitution and shall complete its duties prior to January 1, 1977. The commission shall deliver t o the Secretary of State this Constitution with those amendments incorporated therein and such document shall be the Constitution of the State of Georgia of 1976. In order that the commission may perform its
Art. 13, Sec. 1, Par. 3
duties this Paragraph shall become effective as soon as it has been officially determined that this Constitution has been ratified. The commission shall stand abolished upon the completion of its duties.
Paragraph IV. Effective Date. Except as provided in Paragraph 111 of this Section, this Constitution shall become effective on January 1, 1977.
Year 1978 1980
Total
Table of Amendments
Proposed Proposed Local & Ratified
General Special General
36
87
15
16
121
9
Ratified Local & Special
66
103
Rejected Rejected Local &
General Special
21
2 1
7
18
-
52
208
24
169
28
39
Total number of amendments ratified through 1980-193