GA
C600
. S1 P7 1982
PROPOSED
CONSTITUTION
OF THE
STATE OF GEORGIA
AS APPROVED BYTHE
GENERAL ASSEMBLY OF GEORGIA
TO BE SUBMITTED TO THE PEOPLE OF THE STATE AT THE
1982 GENERAL ELECTION
RECEIVED
MAY O9 tU13 DocuM~--
UGA LIB~"~RsIfnE"SB

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SELECT COMMITTEE

COMMITTEES MEME"~
AL HOLLOWAY SENATE PRESIDENT P,M) TEM.-OM
JACK CONNELL SP'EAKER PRO TEM.-OM
ROYE. BARNES CHAUtMAN. SENATE JUotCIAfn' COMMITTEE
WAYNE SNOW. JR. CHAlftMAN. HOUSE .JUDICIARY COMMITTEE

ON CONSTITUTIONAL REVISION
lll()OM Z3H 7 TRINITY AVENUE AT\..ANTA. GEORGIA 30334 .
404/ fSSfS-7158

FRANK H. EDWARDS SHCtAL COUNSEL
J . ROBIN HAflRIS EXECUTIVE D IRECTOR
MELVIN & HILL JR. ASSISTANT EXECUTIVE DIRECTOR

IIJ Fellow Georgians :
In the enclosed booklet is a copy of the proposed new c:onatitution for the State of Georgia, as approved by the General Aaaembly at the 1981 special session and as amended at the 1982 regular session. It will be submitted to the people for ratification or rejection at the November, 1982 general election, and tb question will appear on the ballot in the following manner:
( ) YES Shall the proposed new Constitution be ratified (") MO as the Constitution of the State of Georgia?
This document is the product of many years of deliberation and debate by many people. When I took office as Governor in 1975 one of my first priorities was to undertake the revision
of the Georgia Constitution. In 1976 the people ratified an
editorially-revised "new" Constitution in order to permit the IQbatantive rewriting of the Constitution on an article-by-article Maia. In 1977 the Select Committee on Constitutional Revision created to oversee the entire constitutional revision effort . !be Select Committee in turn appointed separate article committees of approximately 25 persons each to review the existing articles and to develop recomme~dations for changes in these articles. 'ftleae article committees were composed of citizens having an interest in the -revision of the article (League of Women Voters, Cballber of Commerce, etc.), members of the General Assembly, and COIIIIUDity leaders. The recommendations of the article committees wre submitted to the Select Committee and then to the General Aaaembly for consideration and action at the 1981 special ~ession and at the 1982 regular session.
The final approved version of the proposed new Constitution I.Deluded here thus represents the culmination of literally years of effort by hundreds of citizens and by the 236 members of the General Assembly to draft a proposed new Constitution for the State that the people of Georgia can be proud of and that will aerve the State well for many generations to come.
While this is not a perfect document, in my opinion and in the opinion of the members of the Select Co11111ittee, it is a vast biprovement over the present Constitution . It was drafted with an eye toward three primary objectives : brevity, clarity and flexibility to eliminate the need for so many constitutional aendments in the future. These objectives have been met to a aubatantial degree in the new Constitution. The document is about one-half as. long as the present Constitution; it is better organized and wherever possible uses simple modern English in place of archaic and cumbersome terminology ; and it gives the General Assembly &reater legislative flexibility to deal with many ciatters by statute

that are now set forth in detail in the Constitution itself . This added flexibility will eliminate the need for so many constitutional amendments in the future--particularly local amendments--and it should mark the end of the "bed-sheet" ballot in Georgia.
Also included in this booklet to assist you in your review of the proposed new Constitution are a summary of significant changes between the present and proposed new Constitution and a detailed cross-reference table from the present to the proposed Constitution.
I hope that after a careful review and study of the i~formation in this booklet you will come to the conclusion that the proposed new Constitution is worthy of your support .
Thank you for your attention to this most important matter.
~'~
George D. Busbee Chairman Select Committee on
Constitutional Revision

TABLE OF CONTENTS

Page Significant Changes Between Present and Proposed
New Constitution ... ... ... .. ....... .. . . . . . . . . . . . . . . . . . . . 1

Proposed Constitution of the State of Georgia

ARTICLE

I. Bill of Rights .. ....... .... ....... ... 11

ARTICLE I I. Voting and Elections ............. . ... 17

ARTICLE I I I. Legislative Branch . ..... .. ... ...... .. 19

ARTICLE IV. Constitutional Boards and Commissions ... ........... . 33

ARTICLE

V. Executive Branch .... .. . . . . . . . . . . . . . . . 37

ARTICLE VI. Judicial Branch . . .. .... ......... ... . . 42

ARTICLE VII. Taxation and Finance .. . ......... . .... 50

ARTICLE VI II. Education . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62

ARTICLE

IX. Counties and Municipal Corporations ..... .. . . .. .. . 69

ARTICLE

X. Amendments to the Constitution .... . ........ . 83

ARTICLE XI. Miscellaneous Provisions ........ ... .. 85

Cross-Reference Table, Present Constitution to Proposed New Constitution . ... .. .. .. ....... .... .. ... 88

SIGNIFICANT CHANGES BETWEEN PRESENT AND PROPOSED NEW CONSTITUTION
Listed below are the significant changes between the present Constitution and the proposed new Constitution as approved by the Georgia General Assembly at the 1981 special session and as amended at the 1982 regular session.
ARTICLE I BILL OF RIGHTS 1 . The present Constitution does not contain a specific equal protection clause. The proposed Constitution provides that "no person shat I be denied the equal protection of the laws." (Section I, Paragraph I I) 2. Trial juries of not less than six persons are authorized in superior courts in misdemeanor cases and in courts of limited jurisdiction. (Section I, Paragraph Xl(b)) 3. An exemption from levy and sale of property in an amount of not less than $1,600.00 was extended to every person; presently, these exemptions are primarily I imited to the heads of households. (Section I, Paragraph XXVI) 4. The sovereign immunity of the state from suit is expressly reserved except to the extent of any waiver or qualification of such immunity as is now or may hereafter be provided by 1aw. (Section 11, Paragraph IX(a)). If the separate constitutional question relating to sovereign immunity is approved at the same time the new Constitution is approved, i t will be incorporated into the new Constitution at this section and paragraph. 5. The General Assembly is authorized to provide for the payment of attorney's fees by the state in condemnation cases. (Section 111, Paragraph l{d)) 6. Authority for :relocation expenses for persons displaced because of pub1 jc projects or programs is b.roadened. (Section JI I, Paragraph 1(e))
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1Q
ART ICLE 11 VOTING AND ELECTIONS 7. Primarily an editorial revision of this article, with registration, election, and voting appeal procedures to be provided for by law. (Section I, Paragraphs I and 11 and Section I I, Paragraph I) 8. A person must be a registered voter in order to hold any office or appointment of honor or trust in the state. (Section II, Paragraph Ill)
ARTICLE 111 LEGISLATIVE BRANCH 9. There is a cei I ing placed on the size of the Senate and a floor placed on the size of the House - not more than 56 Senators and not fewer than 180 Representatives. (Section II, Paragraph I) 10. The General Assembly may provide by law for a different date of convening than the second Monday in January of each year. (Section IV, Paragraph l(a)) 11. Following the fifth day of a special session, either house may adjourn not more than twice for not more than seven days. (Section IV, Paragraph l(b)) 12. Increase in "salaries" during term prohibited but increase in "allowances" during term not restricted. (Section IV, Paragraph VI) 13. Al I sessions of the General Assembly and al I standing committee meetings thereof required to be open to the public e xcept as otherwise provided by rule of either house . (Section IV, Paragraph XI) 14. There is a stream I i ned procedure for passage of both local and general legislation. (Section V, Parag r aphs VI I and VI I I ) 15. The General Assembly, upon vote of two-thirds of the membership of each house, can send a bi I I after passage to the Governor for his signature or veto within si x days. Local bi I Is required by the Constitution to have referendum approval can be sent to the Governor upon order of the presiding officer of each house or two-thirds' vote of the membership. Presently no bi I Is are sent to the Governor during a session unless he asks for them. (Section V, Paragraph Xlll(a) and (b))
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16. Vetoed bi I Is and resolutions can be voted on at any time during the next session of the legislature. Presently such bil Is and resolutions can only be overridden during the first ten days of the next regular session. (Section V, Paragraph XI I l(d))
17. There is greater authorization for the state to participate in federal programs. The absence of a broad authorization of this type in the present Constitution has given rise to the need for numerous constitutional amendments relating to specific federal programs. (Section VI, Paragraph I l(a)(3))
18. Population bi I Is, "as the General Assembly shal I define by general law," are prohibited. (Section VI, Paragraph IV(b))
19. Federal funds are to be appropriated by the General Assembly, but al I unanticipated federal funds wi I I be automatically appropriated for the purposes authorized and directed by the federal government in making the grant. (Section IX, Paragraph I l(b))
20. The General Assembly is authorized by a three-fifths' vote to earmark ta xes on alcoholic beverages for prevention, educat ion, and treatment relating to alcohol and drug abuse. (Section IX, Paragraph Vl(e))
ARTICLE IV CONSTITUTIONAL BOARDS AND COMMISSIONS
21. The Board of Offender Rehabi I itation and the Board of
Industry and Trade wi I I continue as statutory rather than as constitutional boards. (Article XI, Section I, Paragraph l(b)) 22. The General Assembly is authdri zed to prohibit the Board of Pardons and Paroles from granting and may prescribe terms and conditions for the board's granting a pardon or parole (1) to any person incarcerated for a second or subsequent time for any offense for which such person could have been sentenced to I ife imprisonment and (2) to any person who has received consecutive I ife sentences as the result of offenses occurring during the same series of acts . (Section II, Paragraph ll(c)). Also, the power of temporary suspension of a death sentence is shifted from the Governor to the chairman of the Board of Pardons and Paroles or any other member designated by the board.
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ARTICLE V EXECUTIVE BRANCH

23. Persons holding the office of Governor may succeed themselves , but if they do they cannot run for the office again unti I four years after the conclusion or their term of Governor. (Section I, Paragraph I). If the separate constitutional question proposing to prohibit future Governors from succeeding themselves is approved at the same time the new Constitution is approved, it wi 11 be incorporated into the new Constitution at this section and paragraph .

24. The e xecutive duties of the Lieutenant Governor are recognized. (Section I, Paragraph I I I)

25. If the Lieutenant Governor becomes Governor for an

unexpired term, no new lieutenant Governor is to be

e Iected.

This is unc Iear under the present

Constitution. (Section I, Paragraph V(b))

26. Special sessions of the General Assembly are I imited to a period of 40 days. Presently such sessions are I imited to 70 days. (Section 11, Paragraph VI l(c))

27. Name of the "Comptroller General" changed to the "commissioner of Insurance." (Section Ill, Paragraph I)

ARTICLE VI JUDICIAL BRANCH 28. Ttie courts of the state wi 11 be in seven c Iasses: the Supreme Court, the Court of Appea Is, the superior courts, and four classes of I imited jurisdiction cou r ts: state, probate, juvenile, and magi st rate courts. (Section I, Paragraph I) 29. As provided by law within two years from the effective date of the Constitution, al I classes of courts wi II have uniform rules of practice and procedure and uniform qua I ifications and discipline of judges. Al I classes of courts except probate courts wi I I have uniform jur i sdiction. Al I classes of courts except magistrate and juvenile courts wi I I have uniform selection and terms of judges. (Section I, Paragraph V; Section 111, Paragraph I; Section VII, Paragraph I; and Article IX, Section I, Paragraph II l(a))

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30. If provided by law, cases involving third-party defendants could be tried in counties other than the county of residence of such defendants. (Section I I, Paragraph VI I)
31. If provided by law, superior courts .could have certain appellate jurisdiction, either alone or by circuit or district. (Section IV, Paragraph I)
32. Al I Justices of the Supreme Court, Judges of the Court of Appeals, and judges of the superior and state courts to be elected on a nonpartisan basis. Justices .of the Supreme Court and Judges of the Court of Appeals to have six-year terms; judges of the superior and state courts to have four-year terms. Al I other judges to continue to be selected in the manner and for the term provided on June 30, 1983, until otherwise provided by local law. (Section VII, Paragraph I)
33. The various classes of courts wi I I have uniform court rules and record-keeping rules adopted by the Supreme Court with the advice and consent of the counci I of the affected class of courts. Each counci I wi II be comprised of al I of the judges of the courts of that class. (Section IX, Paragraph I)
34. Al I justice of the peace courts and smal I claims courts wi I I become magistrate courts. (Section X, Paragraph
I (6))
ARTICLE VI I TAXATION AND FINANCE 35. Tangible real property which is devoted to "bona fide ag~icultural purposes" (which term must be defined by the' General Assembly and which must include timber production) wi I I be assessed for ad valorem taxation purposes at 75 percent of the value which other tangible real property is assessed; but this tax break is I imited to 2,000 acres for any single property owner. (Section I, Paragraph lll(c)) 36. New state-wide exemptions from ad valorem property taxation must be approved by two-thirds of the members of each house and by a majority of the qua I ified voters of the state voting in a referendum. Al I existing exemptions are continued. (Section II, Paragraphs I I (a) ( 1 ) and IV)
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37. New local homestead exemptions must be approved by loca1 act of the General Assembly conditioned on approval or the voters in a local referendum. (Section II Paragraph I l(a)(2)). This eliminates the need for locai constitutional amendments on this subject.
38. Any reduction or repeal of any homestead e xemption will require a two-thirds' vote of each house and approval in a referendum. Any reduction or repeal of any e xemption granted to religious or burial grounds or institutions of purely pub I ic charity wi I I require a two-thirds' vote of each house. (Section I I, Paragraph IV)
39. Delineation of the purposes of ta xation may be provided by law. (Section Ill, Paragraph l(a))
40. The General Assembly is authorized to provide by law for a sales ta x break on prescription drugs. (Section 111, Paragraph l(b))
41. Grants to counties are authorized as well as grants to municipalities. (Section Ill, Paragraph Ill)
42. The debt I imit of the state is reduced from 15 percent to 10 percent of total revenue. (Section IV, Paragraph 11 ( b))
43. The term of general obi igation debt is I imited to 25 years. (Section IV, Paragraph ll(c))
ART ICLE VI I I EDUCATION
44. Vacancies on the State Board of Education and the board of regents are to be fi I led by the Governor, subject to confi r mation by the Senate. Presently such vacancies are fi I led by the boards themselves unti I the ne x t sess ion, at which time the Governor appoints a successor for the unexpired term, subject to confirmation by the Senate. (Section II, Paragraph l(a) and Section IV, Paragraph l(a))
45. Qua I ifications of members of the State Board of Education and the board of regents are to be provided for by law. Presently qua I ifications of board members are set forth in the Constitution itself. (Section II, Paragraph l(d) and Section IV, Paragraph l(f))
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46. The General Assembly must approve the creation of any new pub I ic college, junior college, or university by the board of regents. (Section IV , Paragraph l(b))
47. The powers of the board of regents in regard to lump-sum appropriations, property transactions, and eminent domain are clarified. (Section IV, Paragraph I ( C) and
( d))
48. The present composition, terms, and methods of selection of local school boards and local school superintendents are continued. Any change can be made by local law conditioned upon approval in a local referendum. (Section V, Paragraph IV(a)). This eliminates the need for local constitutional amendments on this subject.
49. The General Assembly is authorized to provide by law for the creation of special schools in such areas as may require them. This is a broader authorization than is in the present Constitution. (Section V, Paragraph VI I)
50. The General Assembly is authorized to require local boards of education to reimburse their governing authorities for the collection of school ta xes, but any rate established may be reduced by local law. (Section VI, Paragraph 111)
51. The General Assembly is authorized to pick up the cost of loans made to students for educational purposes who have compl~ted a program of study in a field in which critical shortages ex ist. (Section VII, Paragraph
I (a)( 5))
52. The boa rd of regents is authori zed or the General Assembly may provide for tuition-f r ee educational programs for elderly citizens. (Section VI I, Paragraph IV)
ARTICLE IX COUNTIES AND MUNICIPAL CORPORATIONS 5~- The General Assembly may provide by law for the consolidation or two or more counties into one, subj ec t to the approval of a majority of the qua I ified voters voting in each county proposed to be consolidated. (Section I, Paragraph ll(c)) 54. County officers are delineated in the new Constitution. They include the clerk of the superior court, the judge
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of the probate court, the sheriff, the tax receiver, the tax collector, and the tax commissioner. Coroners and surveyors continue as elected statutory officers. (Section I, Paragraph lll(a)) 55. County officers are to be compensated in such manner as provided by law. Minimum compensation for county officers may be established by general law and may be supplemented by local law or by action of the county governing authority. (Section I, Paragraph lll(b)) 56. The General Assembly by general law may authorize the establishment of civi I service systems covering county employees or covering both county employees and employees of elected county officials. (Section I, Paragraph IV). This eliminates the need for local constitutional amendments on this subject. 57. County home rule provisions are exactly the same as in the present Constitution. (Section II, Paragraph I) 58. "Amendment 19" (1972) powers are retained and clarified. An addition is to grant counties and municipalities power to maintain and modify existing retirement or pension systems. (Section 11, Paragraph I I l(a)(14)) 59. The General Assembly is authorized to enact general laws establishing procedures for zoning. (Section 11, Paragraph IV) 60 . The General Assembly may by general law create or specify conditions for the creation of special service districts. (Section II, Paragraph VI) 61. The General Assembly may issue tax al location bonds for redevelopment purposes, subject to such terms and conditions as specified by general law and also subject to the approval of the voters in a local referendum. (Section 11, Paragraph VI l(b)) 62. The immunity of counties, municipalities, and school districts may be waived by the General Assembly. (Section I I, Paragraph IX) 63. The General Assembly may by law provide for local government consolidation. Consolidation of county and city governments must be approved by a majority of the qua I ified voters of the county or counties and of the municipality or municipalities within such county or counties containing at least 10 percent of the
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population of the county. This eliminates the need for local constitutional amendments on this subject. (Section Ill, Paragraph II) 64. Counties may be authorized by local law to levy and collect business and occupational I icense taxes and fees only in the unincorporated areas of the counties. Municipalities may be authorized by local law to levy and collect taxes and fees in their corporate I imits. (Section IV, Paragraph l(b)). This eliminates the need for local constitutional amendments on this subject.
65. The General Assembly may provide for taxation of
insurance companies on the basis of gross direct premiums received from insurance policies within the Unincorporated areas of counties. (Section IV, Paragraph l(c)). This eliminates the need for local constitutional amendments on this subject. 66. Special district debt is authorized if approved in a referendum in the district and if the debt is I imited to 30 years and to 10 percent of the assessed value of al I taxable property in the political subdivision. (Section V, Paragraph l(a) and Paragraph II) 67. The refunding of outstanding indebtedness has been faci I itated. (Section V, Paragraph 111) 68. The General Assembly may by general law authorize counties, municipalities, and other political subdivisions to issue revenue bonds. Revenue bonds for gas or electric generating or distribution systems may be issued without the need for a referendum. (Section VI, Paragraphs I and II)
ARTICLE X AMENDMENTS TO THE CONSTITUTION 69. Al I future constitutional amendments must have general and uniform appl icabi I ity. (Section I, Paragraph I). Local constitutional amendments wi I I henceforth be prohibited.
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ARTICLE XI MISCELLANEOUS PROVISIONS 70. Al r constitutional boards and commissions specifically named in the Constitution of 1976 and not specifically named in the proposed new Constitution continue as statutory boards unti I otherwise provided by law. (Section I, Paragraph l(b)) 71. All local constitutional amendments continue in effect for a period of four years . At the end of this time they are automatically repealed unless they have been continued in effect without amendment either by a loca1 law enacted by the General Assembly or by a local home rule ordinance or resolution adopted by the applicable city or county governing authority. (Section I, Paragraph IV(a)) 72. Upon the effective date of the new Constitution (July 1, 1983), all previous Constitutions are repealed. (Section I, Paragraph VI)
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A RESOLUTION
Proposing a new Constitution for the State of Georg(a to be presented to the people for ratification or rejection at the general election in 1982; to provide an effective date; to provide for the submission of this Constitution for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. If ratified by the people at the general election in 1982, the fol lowing shal I be the Constitution of the State of Georgia:
CONSTITUTION OF THE
STATE OF GEORGIA PREAMBLE
To perpetuate the principles pf free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of I iberty, 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 I. Life, liberty, and property. No person shal I be deprived of I ife, I iberty, or property except by due process of law.
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Paragraph I I. Protection to person and propertv equal protection. Protection to person and property is t~ paramount duty of government and shal I be impartial and complete. No person _shal I be denied the equal protection of the Iaws.
Paragraph I I I. Freedom of conscience. Each person has the natural and inalienable right to worship God, each according to the dictates of that person's own conscience and no human authority should, in any case, control o~ interfere with such right of conscience.
Paragraph IV. Rel iqious opinions: freedom of rel iqion. No inhabitant of this state shAI I be molested in person or property or be prohibited from holding any pub I ic office or trust on account of religious opinions; but the right of freedom of religion shat I not be so construed as to excuse acts of I icentiousness or justify practices inconsistent with the peace and safety of the state.
Paragraph V. Freedom of speech and of the press guaranteed. No law shal I be passed to curtai I or restrain the freedom of speech or of the press. Every person may speak, write, and pub I ish sentiments on al I subjects but shal I be responsible for the abuse of that I iberty.
Paragraph VI. Libel. In all civil or criminal actions for I ibel, the truth may be given in evidence; and, if it shal I appear to the trier of fact that the matter charged as I ibelous is true, the party shal I be discharged.
Paragraph VII. Citizens, protection of. All citizens -0f the United States, resident in this state, are hereby declared citizens of this state; and it shat I be the duty of the General Assembly to enact such laws as wi I I protect them in the ful I enjoyment of the rights, privileges, and immunities due to such citizenship.
Paragraph VI I I. Arms, right to keep and bear. The right of the people to keep and bear arms shal I not be infringed, but the General Assembly shal I have power to prescribe the manner in which arms may be borne.
Paragraph IX. Right to assemble and petition. The people have the right to assemble peaceably for their common good and to apply by petition or remonstrance to those vested with the powers of government for redress of grievances.
Paragraph X. Bi I I of attainder: ex post facto laws: and retroactive laws. _No bi 11 of attainder, e x post facto law, retroactive law, or laws impairing the obi igation of contract or making irrevocable grant of special privileges or immunities shal I be passed.
Paragraph XI. Right to trial by jury: number of jurors: selection and compensation of jurors. (a) The right to trial by jury shal I remain inviolate, except that
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the court shal I render judgment without the verdict of a jury in al I civi I cases where no issuable defense is filed and where a jury is not demanded in writing by either party. In criminal cases, the defendant shal I have a pub I ic and speedy trial by an impartial jury; and the jury shal I be the judges of the law and the facts.
(b) A trial jury shall consist of 12 persons; but the General Assembly may prescribe any number, not less than si x, to constitute a trial jury in courts of limited jurisdiction and in superior courts in misdemeanor cases.
(c) The General Assembly shal I provide by law for the selection and compensation of persons to serve as grand jurors and trial jurors.
Paragraph XI I. _R~i_g..,h._t~~t _o_~t~h~e~ c~o~u~r~t~s. No person shal I be deprived of the right to prosecute or defend, either in person or by an attorney, that person's own cause in any of the courts of this state.
Paragraph XI 11. Searches, seizures, and warrants. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shal I not be violated; and no warrant shal I issue e xcept 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 XIV. Benefit of counsel; accusation; I ist of witnesses; compulsory process. Every person charged with an offense against the laws of this state shal I have the privilege and benefit of counsel; shal I be furnished with a copy of the accusation or indictment and, on demand, with a I ist of the witnesses on whose testimony such charge is founded; shal I have compulsory process to obtain the testimony of that person's own witnesses; and shal I be confronted with the witnesses testifying against such person.
Paragraph XV. Habeas corpus. The writ of habeas corpus sha I I not be suspended un Iess, in case of rebe I I ion or invasion, the public safety may require it .
Paragraph XVI. Self-incrimination. No person shal I be compel led to give testimony tending in any manner to be self-incriminating.
Paragraph XVII. Bail; fines; punishment; arrest, abuse of prisoners. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inf I icted; nor shal I any person be abused in being arrested, while under arrest, or in prison.
Paragraph XVI 11. Jeopardy of I ife or I iberty more than once forbidden. No person shal I be put in jeopardy of I ife or I iberty more than once for the same offense e xcept when a new trial has been granted after conviction or in case of mistrial.
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Paragraph XIX. Treason. Treason against the State of Georgia shal I consist of insurrection against the state, adhering to the state's enemies, or giving them aid and comfort. No person shal I be convicted of treason e xcept on the testimony of two witnesses to the same overt act or confession in open court.
Paragraph XX. Conviction, effect of. No conviction shal I work corruption of blood or forfeiture of estate.
Paragraph XXI. Banishment and whipping as punishment for crime. Neither banishment beyond the I imits of the state nor whipping shal I be al lowed as a punishment for crime.
Paragraph XXI I. Involuntary servitude. There shal I be no involuntary servitude within the State of Georgia except as a punishment for crime after legal conviction thereof or for contempt of court.
Paragraph XXII I. Imprisonment for debt. There shal I be no imprisonment for debt .
Paragraph XXIV. Costs. No person shall be compel led to pay costs in any criminal case except after conviction on final trial.
Paragraph XXV. Status of the citizen. rhe social status of a citizen shal I never be the subject of Ieg is Iat ion.
Paragraph XXVI. Exemptions from levy and sale. The General Assembly shal I protect by law from levy and sale by virtue of any process under the laws of this state a portion of the property of each person in an amount of not less than $1,600.00 and shal I have authority to define to whom any such additional e xemptions shal I be al lowed; to specify the amount of such exemptions; to provide for the manner of exempting such property and for the sale, alienation, and encumbrance thereof; and to provide for the waiver of said e xemptions by the debtor.
Paragraph XXVI I. Spouse's separate property, The separate property of each spouse shal I remain the separate property of that spouse e xcept as otherwise provided by law.
Paragraph XXVI I I. Enumeration of rights not denial Q_f.__Qj;_hers. The enumeration of rights herein contained as a part of this Constitution shal I not be construed to deny to the people any inherent rights which they may have hitherto enjoyed.
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SECTION 11. ORIGIN AND STRUCTURE OF GOVERNMENT

Paragraph I. Origin and foundation of government.

Al I government, of right, originates with the people, is

founded upon their wi I I only, and is instituted solely for

the good of the whole. Pub I ic officers are the trustees and

servants of the people and are at al I times amenable to

them.

Paragraph I I. Object of government. The people of

this state have the inherent right of regulating their

internal government. Government is instituted for the

protection, security, and benefit of the people; and at all

times they have the right to alter or reform the same

whenever the pub I ic good may require it.

Paragraph Ill.

Separation of

legislative,

,judicial, and executive powers. The legislative, judicial,

and executive powers shal I forever remain separate and

distinct; and no person discharging the duties of one shal I

at the same time exercise the functions of either of the

others except as herein provided.

Paragraph IV. Conternp___t__. The power of the courts

to punish for contempt shal I be I imited by legislative acts.

Paragraph V. What acts void. Legislative acts in

violation of this Constitution or the Constitution of the

United States are void, and the judiciary sha 11 so declare

them.

Paragraph VI. Superiority of civil authority. The

civi I authority shal I be superior to the mi I itary.

Paragraph VI I. Separation of church and state. No

money sha.l I ever be ~aken from the pub I ic treasury, directly

or indirectly, in aid of any church, sect, cult, or

religious denomination or of any sectarian institution.

Paragraph VI 11. Lotte_r_j_es. Al I lotteries, and the

sale of lottery tickets, are hereby prohibited; and this

prohibition shal I be enforced by penal laws, except that the

General Assembly may by law provide that the operation of a

nonprofit bingo game shal I not be a lottery and shal I 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.

Paragraph IX. Sovereign immunity of the state from

suit. (a) The sovereign immunity of the state from suit is

hereby expressly reserved except to the extent of any waiver

or qua I ification of such immunity as is now or may hereafter

be provided by law.

(b) The General Assembly may provide by law for

the processing and disposition of claims against the state

which do not exceed such maximum amount as provided therein.

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....
SECT I ON I I I . G~NERAL PROVISIONS Paragraph I. Eminent domain. (a) Exc e pt as otherwise provided in this Paragraph, priva te property shal 1 not be taken o r damaged for pub I ic purposes without just and adequate compensation being fir s t pa id. (b) When private property is t a ke n or damaged by the state or the countie s or municipaliti e s of the state for pub I ic road or street purposes, or for pub I ic tran s portation purposes, or for any other pub I ic purpo s es as determined by the General Assembly, just and adequate compen sation therefor need not be paid unti I th e s ame ha s been finally fi xed and determined as provided by law; but such just and adequate compensation shal I then be paid in preference to al I other obi igations e xcept bonded indebtedness. (c) The General Assembly ma y 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 to the end that the rights and equities of the property owner, lien holders, and the state and its subdivisions may be protected. (d) The General Assembly may provide by law for the payment by the condemnor of reasonable expenses , including attorney's fees, incurred by the condemnee in determining just and adequate compensation . (e) Notwithstanding any other provision of the Constitution, the General Assembly may provide by law for relocation assistance and payments to persons displaced through the exercise of the power of eminent domain or because of pub I ic projects or programs; and the powers of ta xation may be exercised and pub I ic funds e xpended in furtherance thereof. Paragraph 11. Private ways. In case of necessity, private ways may be granted upon just and adequate compensation being first paid by the applicant. Paragraph I I I. Tidewater titles confirmed. The Act of the Genera I Assembly approved December 16, 1902, which extends the title of ownership of lands abutting on tidal water to low water mark, is hereby ratified and confirmed.
- 16 -

ARTICLE I I. VOTING AND ELECTIONS
SECTION I. METHOD OF VOTING; RIGHT TO REGISTER AND VOTE
Paragraph I . Method of voting. Elections by the people shal I be by secret ballot and shal I be conducted in accordance with procedures provided by law.
Paragraph I I. Right to register and vote. Every person who is a citi z en of the United States and a resident of Ge orgia as defin e d by law, who is at lea s t 18 years of age and not disenfranchis ed by this article, and who me ets minimum r e sidency requirements as provided by law shal I be entitl e d to vote at any election by the people . The General Assembly shal I provide by law for the registration of electors.
Paragraph Ill. Exceptions to right to register and vote. (a) No person who has been convicted of a felony involving moral turpitude may register, remain registered, or vote except upon completion of the sentence .
(b) No person who has been judicially determined to be mentally incompetent may register, remain registered, or vote unless the disabi I ity has been removed.
SECTION I I. GENERAL PROVISIONS
Paragraph I. Procedures to be provided by law. The General Assembly shal I provide by law for a method of appeal from the decision to allow or refuse to allow any person to register or vote and shal I provide by law for a procedure whereby returns of all elections by the people shal I be made to the Secretary of State.
Parag raph 11. Run-off election. A run-off election shal I be a continuation of the general election and only persons who were entitled to vote in the general election shal I be entitled to vote therein; a nd only those votes cast for the persons designated for the runoff shal I be counted in the tabulation and canvass of the votes cast.
Paragraph 111. Persons not eligible to hold office. No person who is not a registered voter or who has been convicted of a felony involving moral turpitude, unless that person's civi I rights have been restored, or who is the holder of pub I ic funds i I legally shal I be eligible to hold any office or appointment of honor or trust in this state. Additional conditions of el igibi I ity to hold office for persons elected on a write-in vote and for persons holding offices or appointments of honor or trust other than elected offices created by this Constitution may be provided by law.
- 17 -

Paragraph IV. Recal I of pub I ic officials holdi..!!g elective office. The General Assembly is hereby authorized to provide by general law for the recal I of pub I ic officials who hold elective office. The procedures, grounds, and a1 1 other matters relative to such recal I shal I be provided for in such law.
- 18 -

ART ICLE I I I . LEGISLATIVE BRANCH
SECT ION I. LEGISLATIVE POWER
Paragraph I. Power vested in General Assembly. The legislative power of the state shal I be vested in a General Assembly which shal I consist of a Senate and a House of Representatives.
SECTION I I. COMPOSITION OF GENERAL ASSEMBLY
Paragraph I. Senate and House of Representatives. (a) The Senate shall consist of not more than 56 Senators, each of whom shal I be elected from single-member districts.
(b) The House of Representatives shal I consist of not fewer than 180 Representatives apportioned among representative districts of the state.
Paragraph I I. Apportionment of General Assembly. The General Assembly shal I apportion the Senate and House districts. Such districts shal I be composed of contiguous territory. The apportionment of the Senate and of the House of Representatives shal I be changed by the General Assembly as necessary after each United States decennial census.
Paragraph I I I. Qua I ifications of members of General Assembly. (a) At the time of their election, the members of the Senate shal I be citizens of the United States, shal I be at least 25 years of age, shal I have been citizens of this state for at least two years, and shall have been legal residents of the territory embraced within the district from which elected for at least one year.
(b) At the time of their election, the members of the House of Representatives shal I be cit~zens of the United States, shal I be at least 21 years of age, shal I have been citizens of this state for at least two years, and shall have been legal residents of the territory embraced within the district from which elected for at least one year.
Paragraph IV. Disqualifications. (a) No person on active duty with any branch of the armed forces of the United States shal I have a seat in either house unless otherwise provided by law.
(b) No person holding any civi I appointment or office having any emolument annexed thereto under the United States, this state, or any other state shal I have a seat in either house.
(c) No Senator or Representative shal I be elected by the General Assembly or appointed by the Governor to any office or appointment having any emolument annexed thereto
- 19 -

during the time for which such person shal I have been

elected unless the Senator or Representative shal I first

resign the seat to which elected; provided, however, that

during the term for which elected, no Senator 0 ~ Representative shal I be appointed to any civi I office which

has been created during such term.

Paragraph V. Election and term of members. (a)

The members of the General Assembly shal I be elected by the

qualified electors of their respective districts for a term

of two years and shal I serve unti I the time fi xed for the

convening of the next General Assembly.



(b) The members of the General Assembly in office

on June 30, 1983, shal I serve out the remainder of the terms

to which elected.

(c) The first election for members of the General

Assembly under this Constitution shal I take place on Tuesday

after the first Monday in November, 1984, and subsequent

elections biennially on that day unti I the day of election

is changed by law.

SECT I ON I I I . OFFICERS OF THE GENERAL ASSEMBLY

Paragraph I. Presid e nt and President Pro Tempore of the Senate. (a) The presiding officer of the Senate shal I be styled the Presi de nt of the Senate.
(b) A President Pro Tempore s hal I be elected by the Senate from among its members. The President Pro Tempore shall act as President in case of the temporary disability of the Presiden t. In case of the deat h, resignation, or permanent disability of the Pres id ent or in the event of the succession of tile Presi de nt to the e xecutive power, th e President Pro Tempore shall become Pres ident and shall receive the same comp e nsation and a llowances as the Speaker of the House of Representatives. The General Assembly shal I provide by law f or the method of determining disabi I ity as provided in this Paragrap h.
Paragraph 11. Speaker and Spenke r Pro Tempore of t .he House of Representat .tyes. (a) The presiding officer of the House of Repre se ntatives shal I be styled the Speaker of the .flouse of Representatives and shall be elected by the House of Representatives from among its me mber s.
(b) A Speaker Pro Tempore shal I be elected by the House of Representatives from among its members. The Speaker Pro Tempore shal I become Speaker in case of the death, resignation, or permanent disabi I ity of the Speaker and shal I serve unti I a Speaker is elected. such election shal I be held as provided in the rules of the House. The General Assembly shal I provide by law for the method of determining disabi I ity as provided in this Paragraph.

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Paragraph I I I. Other officers of the two houses. The other officers of the two houses shal I be a Secretary of the Senate and a Clerk of the House of Representatives.
SECTION IV. ORGANIZATION AND PROCEDURE OF THE GENERAL ASSEMBLY
Paragraph I. Meeting, time I imit. and adjournment. (a) The Senate and House of Representatives shal I organize each odd-numbered year and shal I be a different General Assembly for each two-year period. The General Assembly shal I meet in regular session on the second Monday in January of each year, or otherwise as provided by law, and may continue in session for a period of no longer than 40 days in the aggregate each year. By concurrent resolution, the General Assembly may adjourn any regular session to such later date as it may fix for reconvening. Separate periods of adjournment may be fixed by one or more such concurrent resolutions.
(b) Neither house shall adjourn during a regular session for more than three days or meet in any place other than the state capitol without the consent of the other. Fol lowing the fifth day of a special session, either house may adjourn not more than twice for a period not to e xceed seven days for each such adjournment. In the event either house, after the thirtieth day of any session, adopts a resolution to adjourn for a specified period of time and such resolution and any amendments thereto are not adopted by both houses by the end of the legislative day on which adjournment was cal led for in such resolution, the Governor may adjourn both houses for a period of time not to exceed ten days.
(c) If an impeachment trial is pending at the end of any session, ttie House shal I adjourn and the Senate shal I remain in session until such trial is completed.
Paragraph I I. Oath of members. Each Senator and Representative, before taking the seat to which elected, shal I take the oath or affirmation prescribed by law.
Paragraph I I I. Quorum. A majority of the members to which each house is entitled shal I constitute a quorum to transact business. A smaller number may adjourn from day to day and compel the presence of its absent members.
Paragraph IV. Rules of procedure: employees; interim committees. Each house shal I determine its rules of procedure and may provide for its employees. Interim committees may be created by or pursuant to the authority of the General Assembly or of either house.
Paragraph V. Vacancies. When a vacancy occurs in the General Assembly, it shal I be fi I led as provided by this
- 21 -

Constitution and by law. The seat of a member of either house shal I be vacant upon the removal of such member's legal residence from the district from which elected.
Paragraph VI. Salaries. The members of the General Assembly shal I receive such salary as shal I be provided for by law, provided that no increase in salary shal I become effective prior to the end of the term during which such change is made.
Paragraph VI I. Election and returns; disorderl] conduct. Each house s hal I be the judge of the election returns, and qualifications of its members and shall hav~ power to punish them for disord er ly behavior or misconduct by censure, fine, imprisonment, or e xpulsion; but no member shal I be expel led e xcept by a vote of two-thirds of the members of the house to which such member belongs.
Paragraph VI 11. Contempts, how punished. Each house may punish by imprisonment, not e x tending beyond the session, any person not a member who shal I be guilty of a contempt by any disord er ly behavior in its presence or who shal I rescue or attempt to rescue any person arrested by order of either house.
Paragraph IX . Privilege of members. The members of both houses shal I be free from arrest during sessions of the General Assembly, or committee meetings thereof, and in going thereto or returning therefrom, except for treason, felony, or breach of the peace. No member shall be liable to answer in any other place for anything spoken in either house or in any committee meeting of either house.
Paragraph X. Elections by either house. Al I e lections by either hou se of the Genera l Ass e mbly shal I be by recorded vote , and the vote sha 11 app e ar on the respective journal of eac h house.
Paragraph XI. Open meetings. The sessions of the General Assembly and al I standing committee mee tings thereof sha 11 be open to the pub I ic. Either house may by rule provide for exce ptions to this requirement.
SECTION V. ENACTMENT OF LAWS
Paragraph I. Journals and laws. Each house shall keep and pub Ii sh after its adjournment a journa I of its proceedings. The original journals s hall be the sole, official records of the proceedings of each house and shal I be preserved as provided by l aw. The General Assembly shal I provide for the publication of the laws passed at each session.
Paragraph 11. Bi I ls for revenue. Al I bi I ls for raising revenue, or appropriating money, shal I originate in the House of Representatives.
- 22 -

Paragraph I I I. One subject matter expressed. No bil I shal I pass which refers to more than one subject matter or contains matter different from what is expressed in the tit le thereof.
Paragraph IV. Statutes and sections of Code. how amended. No Iaw or section of the Code sha I I be amended or repealed by mere reference to its title or to the number of the section of the Code; but the amending or repealing Act shal I distinctly describe the law or Code section to be amended or repealed as wel I as the alteration to be made.
Paragraph V. Ma joritY of members to pass bi I I. No bil I shal I become law unless it shal I receive a majority of the votes of al I the members to which each house is entitled, and such vote shall so appear on the journal of each house.
Paragraph VI. When rol 1-ca 11 vote taken. In either house, when ordered by the presiding officer or at the desire of one-fifth of the members present or a lesser number if so provided by the rules of either house, a rol 1-cal I vote on any question shal I be taken and shal I be entered on the journal. The yeas and nays in each house shal I be recorded and entered on the journal upon the passage or rejection of any bi I I or resolution appropriating money and whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of a bi I I or resolution.
Paragraph VI I. Reading of general bi I Is. The title of every general bi I I and of every resolution intended to have the effect of general law or to amend this Constitution or to propose a new Constitution shal I be read three times and on three separate days in each house before such bi I I or resolution shal I be voted upon; and the third reading of such bi I I and resolution sh~I I be in their entirety when ordered by the presiding officer or by a majority of the members voting on such question in either house.
Paragraph VIII. Procedure for considering local legislation. The General Assembly may provide by law for the procedure for considering local legislation. The title of every local bi I I and every resolution intended to have the effect of local law shall be read at least once before such bi I I or resolution shal I be voted upon; and no such bi I I or resolution shal I be voted upon prior to the second day fol lowing the day of introduction.
Paragraph IX. Advertisement of notice to introduce local legislation. The General Assembly shal I provide by law for the advertisement of notice of intention to introduce local bi I Is.
- 23 -

Paragraph X. Acts signed. Al I Acts shal I be

signed by the President of the Senate and the Speaker of the

House of Representatives.

Paragraph XI. Signature of Governor. No provision

in this Constitution for a two-thirds' vote of both houses

of the General Assembly shal I be construed to waive the

necessity for the signature of the Governor as in any other

case, except in the case of the two-thirds' vote required to

override the veto or to submit proposed constitutional

amendments or a proposal for a new Constitution.

Paragraph XII. Rejected bills. No bill or

resolution intended to have the effect of law which shal I

have been rejected by either house shal I again be proposed

during the same regular or special session under the same or

any other title without the consent of two-thirds of the

house by which the same was re jected.

Pa ragraph XI I I. Approval, veto. and override of

veto of bills and resolutions. (a) All bills and all

resolutions which have been passed by the General Assembly

I
I ll

intended to have the effect of law sh a l I become law if the Governor approves or fai Is to veto the same within si x days

I

from the date any such bi I I or resolution is tran smitted to

the Governor unless the General Assembly adjourns sine die

or adjourns for more than 40 days prior to the e xpiration of

said si x days. In the case of such adjournment sine die or

of such adjournment for more than 40 days, the s ame shal I

become law if approved or not vetoed by the Governor within

40 days frdm the date of any such adjournment.

(b) During sessions of the General Assembly or

during any period of adjournme nt of a ses s ion of the General

Assembly, no bi I I or resolution shal I be transmitted to the

Governor after passage e xcept upon request of the Governor

or upon order of two-third s of the membership of each house.

A local bi I I which is requ i red by the Constitution to have a

refere ndum election condu c ted before it shal I be come

e ffective shal I be transmitt e d immediat e ly to the Governor

when o r dered by th e pre s iding officer of the house wherein

the bi I I shal I have origina ted or upon order of two-thirds

of the memb e rship of s uc h hou s e.

(c) The Governor shal I have the duty to transmit

any veto e d bi 11 or resolution, together with the rea sons for

such veto, to the presiding officer of the house wherein it

originated within three days from the da te of veto if the

General Assembly is in s e ssion on the date of transmission.

If the General Assembly adjourns sine die or adjourns fo r

more tha n 40 days, the Governor s hal I tra nsmit any ve to e d

bi I I or resolution, together with the reason s for such ve to,

to the p res iding o f fi ce r of the house whe re in it originated

within 60 days of the date of such adjournment .

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(d) During sessions of the General Assembly, any vetoed bi I I or resolution may upon receipt be immediately considered by the house wherein it originated for the purpose of overriding the veto . If two-thirds of the members to which such house is entitled vote to override the veto of the Governor, the same shal I be immediately transmitted to the other house where it shal I be immediately consid e red. Upon the vote to override the veto by two-thirds of the members to which such other house is entitled, such bi I I o r resolution shal I become law. Al I bi I Is and resolutions vetoed during the last three days of the session and not considered for the purpose of overriding the veto and al I bi I Is and resolutions vetoed after the General Assembly has adjourned sine die may be considered at the next session of the General Assembly for the purpose of overriding the veto in the manner herein provided. If either house shal I fai I to override the Governor's veto, neither house shal I again consider such bi I I or resolution for the purpose of overriding such veto.
(e) The Governor may approve any appropriation and veto any other appropriation in the same bi I I, and any appropriation vetoed shal I not be come law unless such veto is overridden in the manner herein provided.
Paragraph XIV. ,Jointly sponsored bi I ls and resolutions. The General Assembly may provide by law for the joint sponsorship of bi I Is and resolutions.
SECTION VI. EXERCISE OF POWERS
Paragraph I. General powers. The Ge neral Assembly shal I have the power to make al I laws not inconsistent with this Constitution, and not repugnant to the Constitution of the United States, which it shal I deem necessary and proper for the welfare of the state.
Paragraph II. Specific powers. (a) Without I imitation of the powers granted under Paragraph I, the General Assembly shal I have the power to provide by law for:
(1) Restrictions upon land use in order to protect and preserve the natural resources, environment, and vital areas of this state.
(2) A militia and for the trial by courts-martial and nonjudicial punishment of its members, the discipline of whom, when not in federal service, shal I be in accordance with law and the directives of the Governor acting as commander in chief .
(3) The participation by the state and political subdivisions and instrumentalities of the
- 25 -

--
state in federal programs and the comp I iance with laws relating thereto, including but not I imited to the powers, which may be exercised to the extent and in the manner necessary to effect such participation and comp I iance, to tax, to expend pub I ic money, to condemn property, and to zone property.
(4) The continuity of state and local governments in periods of emergency resulting from disasters caused by enemy attack including but not I imited to the suspension of al I constitutional legislative rules during such emergency.
(5) The participation by the state with any county, municipality, nonprofit organization, or any combination thereof in the operation of any of the faci I ities operated by such agencies for the purpose of encouraging and promoting tourism in this state.
(6) The control and regulation of outdoor advertising devices adjacent to federal aid interstate and primary highways and for the acquisition of property or interest therein for such purposes and may exercise the powers of taxation and provide for the expenditure of pub I ic funds in connection therewith. (b) The General Assembly shal I have the power to implement the provisions of Article I, Section I I I, Paragraph 1(2.); Article IV, Section VIII, Paragraph 11; Article IV, Section VIII, Paragraph Ill; and Article X, Section 11, Paragraph XI I of the Constitution of 1976 in force and effect on June 30, 1983; and al I laws heretofore adopted thereunder and val id at the time of their enactment shal I continue in force and effect unti I modified or repealed. Paragraph Ill. Powers not to be abridged. The General Assembly shal I not abridge its powers under this Constitution. No law enacted by the General Assembly sha I I be construed to I imit its powers. Paragraph IV. Limitations on special legislation. (a) Laws of a general nature shall have uniform operation throughout this state and no local or special law shal I be enacted in any case for which provision has been made by an e x isting general law, except that the General Assembly may by general law authorize local governments by local ordinance or resolution to exercise pol ice powers which do not conflict with general laws. (b) No population bill, as the General Assembly shal I define by general law, shal I be passed. No bi 11 using classification by population as a means of determining the
- 26 -

applicability of any bill or law to any political

subdivision or group of political subdivisions may e x pressly

or imp I iedly amend, modify, supersede, or repeal the general

law defining a population bi I I.

(c) No special law relating to the rights or

status of private persons shall be enacted.

Paragraph V. Specific limitations. (a) The

Gen e ral Assembly shal I not have the power to grant

incorporation to private persons but shal I provide by

general law the manner in which private corporate powers and

privileges may be granted.

(b) The General Assembly shal I not forgive the

forfeiture of the charter of any corporation ex isting on

August 13, 1945, nor shall it grant any benefit to or permit

any amendment to the charter of any corporation except upon

the condition that the acceptance thereof shall operate as a

novation of the charter and that such corporation shall

thereafter hold its charter subject to the provisions of

this Constitution.

(c) The General Assembly shal I not have the powe r

to authorize any contract or agreement which ma y have the

effect of or which is intended to have the effect of

defeating or lessening competition, or encouraging a

monopoly, which are hereby declared to be unlawful and void.

(d) The General Assembly shal I not have the power

to regulate or fi x charges of pub I ic uti I ities owned or

operated by any county or municipality of this state, except

as authorized by this Constitution .

Para graph VI .

Gratuities.

(a)

Except a s

otherwise provided in the Constitution, (1) the General

Assembly shal I not have the power to grant any donation or

gratuity or to forgive any debt or obi ig a tion owing to the

public, and (2) the General Assembly shall not grant or

authorize extra compensation to any pub I ic officer, agent,

or contractor after the service has been rendered or the

contract entered into.

(b) Al I laws heretofore adopted und e r Article 111,

Section VI I I, Paragraph XI I of the Constitution of 1976 in

force and effect on June 30, 1983, shal I continue in force

and effect and may be amended if such amendments are

donsistent with the authority granted to the General

Assembly by such provisions of said Constitution.

SECT ION VI I . IMPEACHMENTS

Paragraph I. Power to impeach. The House of Representatives shal I have the sole power to vote

- 27 -

impeachment charges against any executive or judicial officer of this state or any member of the General Assembly.
Paragraph I I. Trial of imoeachments. The Senate shal I have the sole power to try impeachments. When sitting for that purpose, the Senators sha 11 be on oath, or affirmation, and shal I 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 to preside. No person shal I be convicted without concurrence of two-thirds of the members to which the Senate is entitled.
Paragraph 111. Judgments in impeachment. In cases of impeachment, judgments shal I not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit within this state or to receive a pension therefrom, but no such judgment shal 1 relieve any party from any criminal or civi I I iabi I ity.
SECTION VI 11. INSURANCE REGULATION
Paragraph I. Requlation of insurance. Provision sha I I be made by law for the regulation of insurance.
Paragraph II. Issuance of licenses. Insurance licenses ~hal I be issued by the Commissioner of Insurance as required by law.
SECTION IX. APPROPRIATIONS
Paragraph I. Puhl ic money, how drawn. No money shal I be drawn from the treasury except by appropriation made by law.
Paragraph 11. Preparation, submission, and enactments of general appropriations bill. (a) The Governor shal I submit to 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 shal I provide for the appropriation of the funds necessary to operate all the various departments and agencies and to meet the current expenses of the state for the next fiscal year.
(b) The General Assembly shall annually appropriate those state and federal funds necessary to operate al I the various departments and agencies. To the extent that federa I funds received by the state for any
- 28 -

program, project, activity, purpose, or expenditure are

changed by federal authority or exceed the amount or amounts

appropriated in the general appropriations Act or

supplementary appropriation Act or Acts, or are not

anticipated, such excess, changed or unanticipated federal

funds are hereby continually appropriated for the purposes

authorized and directed by the federal government in making

the grant. In those instances where the conditions under

which the federal funds have been made avai Iable do not

provide otherwise, federal funds shal I first be used to

replace state funds that were appropriated to supplant

federal funds in the same state fiscal year. The fiscal

year of the state shal I commence on the first day of July of

each year and terminate on the thirtieth of June fol lowing.

(c) The General Assembly shal I by general law

provide for the regulation and management of the finance and

fiscal administration of the state.

Paragraph I I I. General appropriations bi I I. The

general appropriations bi I I shal I embrace nothing except

appropriations fi xed by previous laws; the ordinary e xpenses

of the executive, legislative , and judicial departments of

the government; payment of the public debt and interest

thereon; and for support of the pub I ic institutions and

educationa I interests of the state.

Al I other

appropriations shal I be made by separate bi I Is, each

embracing but one subject.

Paragraph IV. General appropriations Act. (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 ne x t fiscal

year after adoption and it shall then expire, except for the

mandatory appropriations required by this Constitution and

those required to meet contractual obi igations authorized by

this Constitution and the continued appropriation of federal

grants.

(b) The General Assembly shal I not appropriate

funds for any given fiscal year which, in aggregate, exceed

a sum equal to the amount of unappropriated surplus e xpected

to 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 to be collected in the fiscal year, less

refunds, as estimated in the budget report and amendments

thereto. Supplementary appropriations, if any, shall be

made in the manner provided in Paragraph V of this section

of the Constitution; but in no event shal I 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.

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(c) Al I appropriated state funds, e xcept for the

mandatory appropriations required by this Constitution

remaining unexpended and not contractually obi igated at th~

expiration of such general appropriations Act shall lapse.

Paragraph V.

Other

or

supplementar;t

appropriations . In addition to the appropriations made by

the general appropriations Act and amendments thereto, the

General Assembly may make additional appropriations by Acts,

which shal I be known as supplementary appropriation Acts,

provided no such supplementary appropriation shal I be

avai Iable unless there is an unappropriated surplus in the

state treasury or the revenue necessary to pay such

appropriation shal I have been provided by a ta x laid for

such purpose and collected into the general fund of the

state treasury. Neither house shall pass a supplementary

appropriation bi 11 unti I the general appropriations Act

shal I have been finally adopted by both houses and approved

by the Governor.

Parag raph VI. fil)propriations 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 shal I be for a specific sum of money; and no

appropriation shal I al locate to any object the proceeds of

any particular ta x or fund or a part or percentage thereof.

(b) An amount equal to al I money derived from

motor fuel ta xes received by the state in each of the

immediately preceding fiscal years, less the amount of

refunds, rebates, and collection costs authori zed by l aw, is

hereby appropri a ted for the fiscal year beginning July 1, of

each year following, for all activities incident to

providing and maintaining an adequate system of pub I ic roads

and bridges in this state, as authorized by laws enacted by

the General Assembly of Ge orgia, and for grants to counties

by law authori z ing road construction and maintenance, as

provided by law authori z ing such grants. Said sum is hereby

appropriated for, and sha 11 be ava i Iable for, the aforesaid

purposes regardless of whether the General Assembly enacts a

general a ppropriations Act; and said sum need not be

specifically stated in any general appropriations Act passed

by the General Assembly in order to be available for such

purposes. However, this shal I not preclude the General

Assembly from appropri a ting for such purposes an amount

greater than the sum specified above for such purposes. The

expenditure of such funds shal I be subject to al I 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

- 30 -

the proceeds of the ta x hereby appropriated shal I 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 uti I ized for defense or relief purposes on the executive order of the Governor.
(c) A trust fund for use in the reimbursement of a portion of an employer's workers' compensation expenses resulting to an employee from the combination of a previous disabi I ity with subsequent injury incurred in employment may be provided for by law. As authorized by law, revenues raised for purposes of the fund may be paid into and disbursed from the trust without being subject to the limitations of subparagraph (a) of this Paragraph or of Article VII, Section Ill, Paragraph II.
(d) As provided by law, additional penalties may be assessed in any case in which any court in this state imposes a fine or orders the forfeiture of any bond in the nature of the penalty for al I offenses against the criminal and traffic laws of this state or of the political subdivisions of this state. The proceeds derived from such additional penalty assessments may be al located for the specific purpose of meeting any and al I costs, or any portion of the cost, of providing training to law enforcement officers a nd to prosecuting officials.
( e) The Genera I Assemb Iy may by genera I Iaw approved by a three-fifths' vote of both houses designate any part or al I of the proceeds of any state ta x now or hereafter levied and collected on alcoholic beverages to be used for prevention, education, and treatment relating to alcohol and drug abuse.
Paragraph VI I. Appropriations void. when. Any appropriation made in conflict with any of the foregoing provisions shal I be void.
SECTION X. RETIREMENT SYSTEMS
Paragraph I. Expenditure of public funds authorized. Pub I ic funds may be e xpended for the purpose of paying benefits and other costs of retirement and pension systems for pub I ic officers and employees and their beneficiaries .
Paragraph 11 . Increasing benefits authorized. Pub I ic funds may be e xpended for the purpose of increasing benefits being paid pursuant to any retirement or pension system who I ly or partially supported from pub I ic funds.
Paragraph I I I. Retirement systems covering employees of county boards of education. Notwithstanding
- 31 -

Article IX, Section II, Paragraph II l(a)(14), the authority to establish or modify heretofore ex isting local retirement systems covering employees of county boards of education shal I continue to be vested in the General Assembly.
Paragraph IV. Firemen's Pension System. The powers of ta xation may be e xercised by the state through the General Assembly and the counties and municipalities for the purpose of pafing pensions and other benefits and costs under a firemen s pension system or systems. The ta xes so levied may be collected by such firemen's pension system or systems and disbursed therefrom by authority of the General Assembly for the purposes the rein authorized.
Paragraph V. Funding standards. It shall be the duty of the General Assembly to enact legislation to define funding standards which wi I I assure the actuarial soundness of any retirement or pension system supported wholly or partially from pub I ic funds a nd to control legislative procedures so that no bill or resolution creating or amending any such retirement or pension sy s tem shal I be passed by the General Assembly without concurrent provisions for funding in accordance with the defined funding standards.
- 32 -

ARTICLE IV. CONSTITUTIONAL BOARDS AND COMMISSIONS
SECTION I. PUBLIC SERVICE COMMISSION
Paragraph I . Pub I ic Service Commission. (a) There shal I be a Pub I ic Service Commission for the regulation of uti I ities which shal I consist of five members who shal I be elected by th e pe ople. The Commissioners in office on June 30, 1983, sh a l I serve unti I December 31 after the general election at which the successor of each member is elected. Thereafter, al I succeeding terms of members shal I be for six years. Members shal I serve unti I their successors are elected and qua I ified. A chairman shal I be selected by the members of the commission from its membership.
( b) The commission shal I be vested with such jurisdiction, powers, and duties i s provided by law.
( c) The fi I I ing of vacancies and manner and time of election of members of the commission shal I be as provided by law.
SECT ION I I. STATE BOARD OF PARDONS AND PAROLES
Paragraph I. State Board of Pardons and Paroles. There shal I be a State Board of Pardons and Paroles which shal I consist of five members appointed by the Gove rnor, subject to confirmation by the Senate. The members of the board in office on June 30, 1983, shall serve out the remainder of their respective terms, provided that the expiration date of the term of any such member shal I be December 31 of the year in which the member's term e xpires. As each term of office e xpires, the Governor shal I appoint a successor as herein provided. Al I such terms of members shal I be for seven years. A chairman shal I be selected by the members of the board from its membership.
Paragraph 11. Powers and authority. (a) Except as otherwise provided in this Paragraph, the State Board of Pardons and Paroles shal I be vested with the power of executive clemency, including the powers to grant reprieves, pardons, and paroles; to commute penalties; to remove disabi I ities imposed by law; and to remit any part of a sentence for any offense against the state after conviction.
(b) When a sentence of death is commuted to I ife imprisonment, the board shal I not have the authority to grant a pardon to the convicted person unti I such person has served at least 25 years in the penitentiary; and such person shal I not become eligible for parole at any time
- 33 -

--

prior to serving at least 25 years in the penitentiary, When a person is convicted of armed robbery, the board shall not have the authority to consider such person for pardon or parole unti I such person has served at least five years in the penitentiary.
(c) Notwithstanding the provisions of subparagraph (b) of this Paragraph, the General Assembly, by law, may prohibit the board from granting and may prescribe the terms and conditions for the board's granting a pardon or parole to:
( 1 ) Any person i nca rce rated for a second or subsequent time for any offense for which such person could have been sentenced to I ife imprisonment; and
(2) Any person who has received consecutive I ife sentences as the result of offenses occurring during the same series of acts. (d) The chairman of the board, or any other member designat e d by the board, may s uspend the e xecution of a sentence of death unt i I the fu I I boa rd sha I I have an opportunity to hear the application of the convicted person for any relief within the power of the board. (e) Notwithstanding any other provisions of this Paragraph, the State Board of Pardons and Paroles shall have the authority to pardon a ny person convicted of a crime who is subsequently determined to be innocent of said crime.
SECT I ON I I I . STATE PERSONNEL BOARD
Paragraph I. State Personnel Board. (a) There shal I be a State Personnel Board which shal I consist of five members appointed by the Governor, subject to confirmation by the Senate. The members of the board in office on June 30, 1983, sha ll serve out the remainder of their respective terms. As each term of office ' e xpires, the Governor shal I appoint a successor as herein provided. Al I such terms of members shal I be for five years. Members shal I serve unti I their successors are appointed and qua I ified. A member of the State Personnel Board may not be employed in any other capacity in state government. A chairman shal I be selected by the members of the board from its membership.
(b) The board shal I provide pol icy direction for a State Merit System of Personnel Administration and may be vested with such additional powers and duties as provided by law. State personnel shal I be selected on the basis of merit as provided by law.
_ Paragraph 11. Veterans preference. Any veteran who has served as a member of the armed forces of the United

I

- 34 -

I
I

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, shal I be given such veterans preference in any civi I service program established in state government as may be provided by law. Any such law must provide at least ten points to a veteran having at least a 10 percent service connected disabi I ity as rated and certified by the Veterans Administration, and al I other such veterans shal I be entitled to at least five points.

SECTION IV. STATE TRANSPORTATION BOARD

Paragraph I.

State Transportation Board;

commissioner. (a) There shal I be a State Transportation

Board composed of as ma ny members as there are congressional

districts in the state. The member of the board from each

congressional district shal I be elected by a ma jority vote

of the members of the House of Representatives and Senate

whose respective districts are embraced or partly embraced

within such congressional district meeting in caucus. The

members of the board in office on June 30, 1983, shal I serve

out the remainder of their respective terms. The General

Assembly shal I provide by law the procedure for the election

of members and for fi I I ing vacancies on the board. Members

shal I serve for terms of five years and unti I their

successors are elected and qua I ified.

(b) The State Transportation Board shall select a

commissioner of transportation, who shall be the chief

e xecutive officer of the Dep a rtment of Tran s portation and

who shall have such powers and duties as provided by law.

SECTION V. VETERANS SERVICE BOARD

Paragraph I. Veterans Service Board; commissioner. (a) There shal I be a State Department of Veterans Service and Veterans Service Board which shal I consist of seven members appointed by the Governor, subject to confirmation by the Senate. The members in office on ,June 30, 1983, shal I serve out the remainder of their respective terms. As each term of office expires, the Governor shal I appoint a successor as herein provided. Al I such terms of members shal I be for seven years. Members shal I serve unti I their successors are appointed and qua I ified.
(b) The board shal I appoint a commissioner who shal I be the e xecutive officer of the department. Al I members of the board and the commissioner shal I be veterans

- 35 -

of some war or armed conflict in which the United States has engaged. The board shal I have such control, duties, powers and jurisdiction of the State Department of Veterans Servic~ as shal I be provided by law.
SECTION VI. BOARD OF NATURAL RESOURCES Paragraph I. Board of Natural Resources. (a) There shall be a Board of Natural Resources which shall consist of one member from each congressional district in the state and five members from the state at large, one of whom must be from one of the fol lowing named counties: Chatham, Bryan, Liberty, McIntosh, Glynn, or Camden. Al I members shal I be appointed by the Governor, subject to confirmation by the Senate. The members of the board in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shal I appoint a successor as herein provided. Al I such terms of members shal I be for seven years. Members shall serve until their successors are appointed and qua I ified. 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. (b) The board shal I have such powers and duties as provided by law.
SECT I ON VI I . QUALIFICATIONS, COMPENSATION, REMOVAL FROM OFFICE,
AND POWERS AND DUTIES OF MEMBERS OF CONSTITUTIONAL BOARDS AND COMMISSIONS Paragraph I. Qualifications, compensation, and removal from office. The qua I ifications, compensation, and removal from office of members of constitutional boards and commissions provided for in this article shal I be as provided by law. Paragraph 11. Powers and duties. The powers and duties of members of constitutional boards and commissions provided for in this article, except the Board of Pardons and Paroles, shal I be as provided by law.
- 36 -

ARTICLE V. EXECUTIVE BRANCH
SECTION I. ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR
Paragraph I. Governor: term of office compensation and allowances. There shal I be a Governor who shal I hold office for a term of four years and unti I a successor shal I be chosen and qua I ified. Persons holding the office of Governor may succeed themselves for one four-year term of office. Persons who have held the office of Governor and have succeeded themse lves a s hereinbefore provided shal I not again be eligible to be elected to that office unti I after the expiration of four years from the conclusion of their term as Governor. The compensation and allowances of the Governor shal I be as provided by law.
Paragraph I I. Ele ction for Governor. An election for Governor shal I be held on Tuesday after the first Monday in November of 1986, and the Governor-elect shal I be installed in office at the next session of the General Assembly. An election for Governor shal I take place quadrennially thereafter on said date unless another date be fixed by the General Assembly. Said election shal I 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 shal I be the same.
Paragraph Ill. Lieutenant Governor. There shall be a Lieutenant Governor, who shal I be elected at the same time, for the same term, and in th e same manner as the Governor. The Lieutenant Governor shal I be the President of the Senate and shal I have sucri e xecutive duties as prescribed by the Governor and as may be prescribed by law not inconsistent with the powers of the Governor or other provisions of this Constitution. The compensation and allowances of the Lieutenant Governor shal I be as provided by law .
Paragraph IV. Qualifications of Governor and Lieutenant Governor. No person shall be eligible for election to the office of Governor or Lieutenant Governor unless such person sha l I have been a citizen of the United States 15 years and a legal resident of the state six yea rs immediately preceding the election and shal I have attained the age of 30 years by the date of assuming office.
Paragraph V. Succession to executive power. (a) In case of the temporary disabi I ity of the Governor as determined in the manner provided in Section IV of this article, the Lieutenant Governor shal I exercise the powers and duties of the Governor and receive the same compensation
- 37 -

as the Governor unti I such time as the temporary disabi I it~ of the Governor ends.
(b) In case of the death, resignation, or permanent disabi I ity of the Governor or the Governor-elect the Lieutenant Governor or the Lieutenant Governor-elect' upon becoming the Lieutenant Governor, shal I become th~ Governor unti I a successor shal I be elected and qua I ified as hereinafter provided. A successor to serve for the unexpired term shal I be elected at the next general election; but, if such death, resignation, or permanent disabi I ity shal I occur within 30 days of the ne x t general election or if the term wi I I e xpire within 90 days after the next general election, the Lieutenant Governor shal I become Governor for the une xpired term. No person shal I be elected or appointed to the office of Lieutenant Governor for the unexpired term in the event the Lieutenant Governor shall become Governor as herein provided.
(c) In case of the death, resignation, or permanent disabi I ity of both the Governor or the Governor-elect and the Lieutenant Governor or the Lieutenant Governor-elect or in case uf the death, resignation, or permanent disabi I ity of the Governor and there shal I be no Lieutenant Governor, the Speaker of the House or Representatives shal I e xercise the powers and duties of the Governor unti I the election and qua I ification of a Governor at a special election, which shal I be held within 90 days from the date on which the Speaker of the House of Representatives shal I have assumed the powers and duties of the Governor, and the person elected shal I serve out the unexpired term.
Paragfaph VI. Oath of office. The Governor and Lieutenant Governor shal I, before entering on the duties of office, take such oath or affirmation as prescribed by law.
SECTION I I. DUTIES AND POWERS OF GOVERNOR Paragraph I. Executive powers. The chief e xecutive powers shal I be vested in the Governor. The other e xecutive officers shal I have such powers as may be prescribed by this Constitution and by law. Paragraph I I. Law enforcement. The Governor shal I take care that the laws are faithfully e xecuted and shal I be the conservator of the peace throughout the state. Paragraph I I I. Commander in chief. The Governor shal I be the commander in chief of the mi I itary forces of this state. Paragraph IV. Veto power. Except as otherwise provided in this Constitution, before any bi I I or resolution
- 38 -

shal I become law, the Governor shal I have the right to review such bi I I or resolution intended to have the effect of law which has been passed by the General Assembly. The Governor may veto, approve, or take no action on any such bi 11 or resolution. In the event the Gove rnor vetoes any such bi I I or resolution, the General Assembly may, by a two-thirds' vote, override such veto as provided in Article I I I of this Constitution.
Paragraph V. Writs of election. Th e Governor shal I issue writs of election to fi 11 al I vac a ncies th a t may occur in the Senate and in the House of Represent a tives .
Paragraph VI. Information and recommendations to the General Assembly. At the beginning of each regular session and from time to time , the Governor may give the General Assembly information on the state of the state and recommend to its consideration such measures as the Governor may deem necessary or e x pedient.
Paragraph VII, Sp e cial sessions of the General Assembly. (a) The Governor may conven e t he Ge nera l Assembly in special session by proclamation which may be amended by the Governor prior to the convening of the special session or amended by the Governor with the approval of three-fifths of the members of each house afte r the special session has convened; but no laws shal I be enacted at any such special session except those which relate to the purposes stated in the proclamation or in any amendment thereto.
(b) The Governor shal I convene the General Assembly rn special session for al I purposes whenever three-fifths of the members to which each house is entitled certify to the Gove r nor in writing, with a copy to the Secretary of State, that in thei r opinion an emergency exists in the affairs of the state. The General Assembly may convene itself if, after receiving such certification, the Governor fai Is to do so within three days, excluding Sundays.
(c) Special sessions of the General Assembly shal I be I imited to a period of 40 days unless e x tended by three-fifths' vote of each house and approved by the Governor or unless at the expiration of such period an impeachment trial of some officer of stat e government is pending, in which event the House shall adjourn and the Senate shall remain in session until such trial is completed.
Paragraph VIII. Filling vacancies. (a) When any pub I ic office shal I become vacant by death, resignation, or otherwise, the Governor shall promptly fill such vacancy unless otherwise provided by this Constitution or by law; and persons so appointed shal I serve for the unexpired term unless otherwise provided by this Constitution or by law.
- 39 -

(b) In case of the death or withdrawal of a person who received a majority of votes cast in an election for the office of Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissioner of Labor, the Governor elected at the same election, upon becoming Governor, shal I have the power to fi I I such office by appointing, subject to the confirmation of the Senate, an individual to serve unti I the next general election and unti I a successor for the balance of the unexpired term shal I have been elected and qua I ified.
Paragraph IX. Appointments by Governor. The Governor shal I make such appointments as are authorized by this Constitution or by law. If a person whose confirmation is required by the Senate i~ once rejected by .the Senate, that person shal I not be renominated by the Governor for appointment to the same office unti I the expiration of a period of one year from the date of such rejection.
Paragraph X. Information from officers and emQ..!Qy~es. The Governor may require information in writing from constitutional officers and al I other officers and employees of the executive branch on any subject relating to the duties of their respective offices or employment.

SECTION I I I. OTHER ELECTED EXECUTIVE OFFICERS

Paragraph I. Other executive officers, how

e Iected. The Secretary of State, Attorney Genera I, State

School

Superintendent,

Commissioner of Insurance,

Commissioner of Agriculture, and Commissioner of Labor shal I

be elected in the manner prescribed for the election of

members of the General Assembly and the electors shal I be

the same. Such executive officers shal I be elected at the

same time and hold their offices for the same term as the

Governor.

Panigraph II. Qualifications. (a) No person

shal I be eligible to the office of the Secretary of State,

Attorney General, State School Superintendent, Commissioner

of Insurance, Commissioner of Agriculture, or Commissioner

of Labor unless such person shal I have been a citizen of the

United States for ten years and a legal resident of the

state for four years immediately preceding election or

appointment and shal I have attained the age of 25 years by

the date of assuming office. Al I of said officers shal I

take such oath and give bond and security, as prescribed by

law, for the faithful discharge of their duties.

(b) No person shal I be Attorney General unless

such person shal I have been an active-status member of the

State Bar of Georgia for seven years.

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Paragraph Ill. Powers. duties. compensation. and allowances of other e xecutive officers. Except as otherwise provided in this Constitution, the General Assembly shat I prescribe the powers, duties, compensation, and allowances of the above executive officers and provide assistance and expenses necessary for the operation of the department of each.
Paragraph IV. Attorney General: duties. The Attorney General shall act as the legal advisor of the executive department, shall represent the state in the Supreme Court in al I capital felonies and in al I civi I and criminal cases in any court when required by the Governor, and shat I perform such other duties as shat I be required by law.

SECTION IV. DISABILITY OF EXECUTIVE OFFICERS

Paragraph I. "Elected constitutional executive

officer." how defined. 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

Commissioner of Insurance, the Commissioner of Agriculture,

and the Commissioner of Labor.

Parag raph 11.

Procedure for determining

disabi I itY. Upon a petition of any four of the elected

constitutional executive officers to the Supreme Court of

Georgia that another elected constitutional executive

officer is unable to perform the duties of office because of

a physical or mental disabi I ity, the Supreme Court shat I by

appropriate rule provide for a speedy and public hearing on

such matter, including notice of the nature and cause of the

accusa tion, proce ss for obtaining witnesses, and the

assistance of counsel. Evidence at such hearing shal I

includ e testimony from not fewer than three qua I ified

phy s icians in private practice, one of whom must be a

psychiatrist.

Paragraph I I I.

Effect of determination of

disabi I ity. If, aft e r hearing the evidence on disabi I ity,

the Supreme Court determines that there is a disability and

that such disability is permanent, the office shall be

declared vacant and the successor to that office shat I be

chosen as provided in this Constitution or the laws enacted

in pursuance thereof. If it is determined that the

disability is not permanent, the Supreme Court shall

determine when the disabi I ity has ~nded and when the officer

shall resume the exe rcise of the ppwers of office. During

the period of temporary disab r l ity, the powers of such

office shat I be exercised as provided by law.

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ARTICLE VI. JUDICIAL BRANCH
SECTION I. JUD IC I AL POWER

Paragraph I. Judicial power of the state. The

judicial power of the state shal I be vested exclusively in

the fol lowing classes of courts: magistrate courts, probate

courts, juvenile courts, state courts, superior courts,

Court of Appeals, and Supreme Court. Magistrate courts,

probate courts, juvenile courts, and state courts sha 11 be

courts of I imited Jurisdiction. In addition, the General

Assembly may establish or authorize the establishment of

municipal courts and may authorize administrative agencies

to exercise quasi-judicial powers. Municipal courts shal I

have jurisdiction over ordinance violations and such other

jurisdiction as provided by law. Except as provided in this

paragraph and in Section X, municipal courts, county

recorder's courts and civi I courts in existence on June 30,

1983, and administrative agencies shall not be subject to

the provisions of this article.

Paragraph II.

Unified judicial system. All

courts of the state shal I comprise a unified judicial

ij

system. Paragraph 111. Jud~_;___g_x ercise of power outside

own court: scope of te_Qll__ judge:-11 Provided the judge is

otherwise qua I ified, a judge may e xe rcise judicial power in

any court upon the request and with the consent of the

judges of that court and of the judge's own court under

rules prescribed by law. The term "Judge," as used in this

article, shall include Justices, judges, senior judges,

magistrates, and every other such judicial office of

whatever name e x isting or created.

Paragraph IV. Exercise of judicial power. Each

court may e xercise such powers as necessary in aid of its

Jurisdiction or to protect or effectuate its judgments; but

only the superior and appellate courts shal I have the power

to issue process in the nature of mandamus, prohibition,

specific performance, quo warranto, and injunction. Each

superior court, state court, and other courts of record may

grant new trials on legal grounds.

Paragraph V. Uniformity of jurisdiction, powers,

etc. Except as otherwise provided in this Constitution, the

courts of each class shal I have uniform jurisdiction,

powers, rules of practice and procedure, and se lection,

qualifications, terms, and discipline of judges. The

provisions of this Paragraph shal I be effected by law within

24 months of the effective date of this Constitution.

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Paragraph VI. Judicial circuits: courts in each county: court sessions. The state shal I be divided into judicial circuits, each of which shal I consist of not less than one county. Each county shal I have at least one superior court, magistrate court, a probate court, and, where needed, a state court and a juvenile court. The General Assembly may provide by law that the judge of the probate court may also serve as the judge of the magistrate court. In the absence of a state court or a juvenile court, the superior court shall exercise that jurisdiction. Superior courts shal I hold court at least twice each year in each county.
Paragraph VII. Judicial circuits, courts, and judgeships, law changed. The General Assembly may abolish, create, consolidate, or modify judicial circuits and courts and judgeships; but no circuit shal I consist of less than one county.
Paragraph VI I I . Transfer of cases. Any court sha 11 transfer to the appropriate court in the state any civi I case in which it determines that jurisdiction or venue I ies e Isewhe re.
Paragraph IX. Rules of evidence: law prescribed. Al I rules of evidence shal I be as prescribed by law.
SECTION I I. VENUE
Paragraph I. Divorce cases. Divorce cases sha 11 be tried in the county where the defendant resides, if a resident of this state; if the defendant is 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 mi I itary reservation within the State of Georgia for one year next preceding the fi I ing of the petition may bring an action for divorce in any county adjacent to said United States army post or mi I itary reservation.
Paragraph 11. Uind titles. Cases respecting titles to land shal I be tried in the county where the land I ies, except where a single tract is divided by a county I ine, in which case the superior court of either county shal I have jurisdiction.
Paragraph I I I. EquitY- cases. Equity cases shal I be tried in the county where a defendant resides against whom substantial relief is prayed.
Paragraph IV. Suits against joint obligors, copartners, etc. Suits against joint obligors, joint tort-feasors, joint promisors, copartners, or joint trespassers residing in different counties may be tried in either county.
- 43 -

Paragraph V. Suits against maker, endorser, etc

Suits against the maker and endorser o'. promissory notes,""a";;

drawer, acceptor, and endorser of foreign or i~land bi I Is of

exchange, or like instruments, residing 1n different

counties, shal I be tried in the county where the maker or

acceptor resides.

cases,

Paragraph VI. Al I other cases. except juvenile court cases as

Al I may

other otherwi

civ se

ibe1

provided by the Juvenile Court Code of Georgia, shal I be

tried in the county where the defendant resides; venue as to

corporations, foreign and domestic, shall be as provided by

law; and al I criminal cases shal I be tried in the county

where the crime was committed, except cases in the superior

courts where the judge is satisfied that an impartial jury

cannot be obtained in such county.

Paragraph VI I. Venue in third-party practice. The

General Assembly may provide by law that venue is proper in

a county other than the county of residence of a person or

entity imp leaded into a pending civi I case by a defending

party who contends that such person or entity is or may be

I iable to said defending party for al I or part of the claim

against said defending party.

Paragraph VI I I. Power to change venue. The power

to change the venue in civi I and criminal cases shal I be

vested in the superior courts to be exercised in such manner

as has been, or sha 11 be, provided by law.

SECT I ON I I I . CLASSES OF COURTS OF LIMITED JURISDICTION

Paragraph I. Jurisdiction of classes of courts of !l..!!!lted _jJJ_r_~d ict ion. The magi st rate, juvenile, and state courts shal I have uniform jurisdiction as provided by law. Probate courts shal I have such jurisdiction as now or hereafter provided by law, without regard to uniformity.

SECTION IV. SUPERIOR COURTS

Paragraph I. Jurisdiction of superior courts. The superior courts shat I have jurisdiction in al I cases, except as otherwise provided in this Constitution. They sha l I have exclusive jurisdiction over tria ls in felony cases, except in the case of juvenile offenders as provided by law; in cases respecting title to land; in divorce cases; and in equity cases. The superior courts shal I have such appe ll ate jurisdiction, either alone or by circuit or district, as may be provided by law.

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SECTION V. COURT OF APPEALS
Paragraph I. Composition of Court of Appeals: Chief Judge. The Court of Appeals shal I consist of not less than nine Judges who shal I elect from among themselves a Chief Judge.
Paragraph 11. Panels as prescribed. The Court of Appeals may sit in panels of not less than three Judges as prescribed by law or, if none, by its rules.
Paragraph I I I. Jurisdiction of Court of Appeals: decisions binding. The Court of Appeals shal I be a court of review and shall exercise appellate and certiorari jurisdiction in al I cases not reserved to the Supreme Court or conferred on other courts by law. The decisions of the court of Appeals insofar as not in conflict with those of the Supreme Court shal I bind al I courts except the Supreme court as precedents.
Paragraph IV. Certification of question to Supreme court. The Court of Appeals may certify a question to the Supreme Court for instruction, to which it shall then be bound.
Paragraph V. Equal division of court. In the event of an equal division of the Judges when sitting as a body, the case shal I be immediately transmitted to the Sup rerne Gou rt.
SECT ION VI. SUPREME COURT
Paragraph I. g_omposition of Supreme Court: Chief Justice: Presiding Justice: quorum; substitute .judges. The Supreme Court shal I consist of not more than nine Justices who shal I elect from among themselves a Chief Justice as the chief presiding and administrative officer of the court and a Presiding Justice to serve if the Chief Justice is absent or is disqualified. A majority shal I be necessary to hear and determine cases. If a Justice is disqualified in any case, a substitute judge ~ay be designated by the remaining Justices to serve.
Paragraph I I. Exclusive appellate jurisdiction of Supreme Court. The Supreme Court shal I be a court of review and shal I exercise exclusive appellate jurisdiction in the fo I Iowing cases:
(1) Al I cases involving the construction of a treaty or of the Constitution of the StBte of Georgia or of the United States and al I cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn i" question; an<l
- 45 -


(2) Al I cases of election contest. Paragraph I I I. General aooel late jurisdiction of Supreme Court. Unless otherwise provided by law, the Supreme Court shal I have appellate jurisdiction of the fol lowing classes of cases: (1) Cases involving title to land; (2) Al I equity cases; (3) Al I cases involving wi I ls; (4) Al I habeas corpus cases; (5) Al I cases involving extraordinary remedies; (6) Al I divorce and alimony cases; (7) Al I cases certified to it by the Court of Appeals; and (8) Al I cases in which a sentence of death was imposed or could be imposed. Review of al I cases shal I be as provided by law. Paragraph IV. Jurisdiction over questions of law from state or federal appellate courts. The Supreme Court shal I have jurisdiction to answer any question of law from any state or federal appellate court. Paragraph V. Review of cases in Court of ApTM-.!Ji. The Supreme Court may review by certiorari cases in the Court of Appeals which are of gravity or great pub I ic importance. Paragraph VI. Decisions of Suoreme court binding. The decisions of the Supreme Court shal I bind al I other courts as precedents.
SECT ION VI I . SELECTION, TERM, COMPENSATION, AND DISCIPLINE Of JUDGES
Paragraph I. Election: term of office. Al I superior court and state court judges shal I be elected on a nonpartisan basis for a term of four years. Al I Justices of the Supreme Court and the Judges of the Court of Appeals shal I be elected on a nonpartisan basis for a term of six years. The terms of al I judges thus elected shal I begin the ne xt January 1 after their election. Al I other judges shal I continue to be selected in the manner and for the term they were selected on June 30, 1983, unti I otherwise provided by loca I law.
Paragraph II. Qualifications. (a) Appellate and superior court judges shal I have been admitted to practice law for seven years.
(b) State and juvenile court judges shal I have been admitted to practice law for five years.
(c) Probate and magistrate judges shal I have such qua I ifications as provided by law.
(d) All judges shall reside in the geographical area in which they are selected to serve.
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(e) The General Assembly may provide by law for

additional qua I ifi cations, including, but not I imited to,

minimum residency requirements.

Paragraph 111. Vacancies. Vacancies sha 11 be

fi I led by appointment of the Governor except as otherwise

provided by law in the magistrate, probate, and juvenile

courts.

Paragraph IV. Period of service of aooointees. An

appointee to an e lective office shall serve until a

successor is duly selected and qualified and until January 1

of the year fol lowing the nex t general election which is

more than si x months after such person's appointment.

Paragraph V.

Compensa tion and a llowances of

.i.lli!ges. All judges shall receive compensation and

allowances as provided by law; county supplements are hereby

continued and may be granted or changed by the General

Assembly. County governing authorities which had the

authority on June 30, 1983, to make county supplements sha l I

continue to have such authority under this Constitution. An

incumbent's salary, allowance, or supplement shall not be

decreased during the incumbent's term of office.

Paragraph VI. Judicial Qua I ifications Commission;

power; composition. The power to discipline, remove, and

cause involuntary retirement of judges shal I be vested in

the Judicial Qualifications Commission. It shall consist of

seven members, as fol lows:

(1) Two judges of any court of record, selected by

the Supreme Court;

(2) Three members of the State Bar of Georgia who

shall have been ac tive status members of the state bar for

at least ten years and who shal I be elected by the board of

governors of the state bar; and

(3) Two citizens, neither of whom shal I be a

member of the state bar, who shal I be appointed by the

Governor.

Paragrap t1 VII.

Discipline,

removal

and

i nvo Iunta ry retirement of ,jud~... Any judye m:Jy be removed,

suspended, or otherwise disciplined for willful misconduct

in office, or for willful and persistent failure to perform

the duties of office, or for habitual intemperance, or for

conviction of a crime involving moral turpitude, or for

conduct prejudicial to the administration of justice which

brings the judicial office into disrepute . Any judge may be

retired for disability which constitutes a serious and

I ikely permanent interference with the performance of the

duties of office. The Supreme Court shal I adopt rules of

implementation.

Paragraph VI I I. Due process: review by Supreme

Court . No action shal I be taken against a judge except

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after hearing and in accordance with due process of law. No removal or involuntary retirement shal I occur except upon order of the Supreme Court after review.
SECTION VI 11. DISTRICT ATTORNEYS
Paragraph I. District attornevs: vacanci e s ru1alifications: compensation; duties: immunity, (a) Ther~ shal I be a district attorney for each judicial circuit, who shal I be elected circuit-wide for a term of four years. The successors of present and subsequent incumbents shal I be elected by the electors of their respective circuits at the general election held immediately preceding the expiration of their respective terms. District attorneys shal I serve unt i I their successors a re duly e Iected and qua Ii f ied. Vacancies shal I be fi I led by appointment of the Governor.
(b) No person shall be a district attorney unless such person shal I have been an active-statL1s member of the State Bar of Georgia for three years immediately preceding such person's election.
(c) The district attorneys shall receive such compensation and allowances as provided by law and shal I be entitled to receive such local supplements to their compensation and allowances as may be provided by law.
(d) It shal I be the duty of the district attorney to represent the state in al I criminal cases in the superior court of such district attorney's circuit and in al I cases appealed from the superior court and the juvenile courts of that circuit to the Supreme Court and the Court of Appeals and to perform such other duties as shal I be required by law.
(e) District attorneys shal I enjoy immunity from private suit for actions arising from the performance of their duties.
Paragraph I I. Discipline, removal. and involuntary retirement of district attornev s . Any district attorney may be disciplined, removed or involuntarily retired as provided by genera I law.
SECTION IX. GENERAL PROVISIONS
Paragraph I. Administration of the judicial system: uniform court rules: advice and consent of counci Is. The judicial system shal I be administered as provided in this Paragraph. Not more than 24 months after the effective date hereof, and from time to time thereafter by amendment, the Supreme Court shal I, with the advice and consent of the
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counci I of the affected class or classes of trial courts, by order adopt and pub I ish uniform court rules and record-keeping rules which shal I provide for the speedy, efficient, and inexpensive resolution of disputes and prosecutions. Each counci I shal I be comprised of a I I of the judges of the courts of that class.
Paragrap~1 II. Disposition of cases. The Supreme Court and the Court of Appeals shal I dispose of every case at the term for which it is entered on the court's docket for hearing or at the next term.
SECTION X. TRANSITION
Paragraph I. Effect of ratification. On the effective date of this ar~icle:
(1) Superior courts shall continue as superior courts.
(2) State courts shal I continue as state courts. (3) Probate courts shall continue as probate courts. (4) Juvenile courts shal I continue as juvenile courts. (5) Municipal courts not otherwise named herein, of whatever name, shal I continue as and be denominated municipal courts, except that the City Court of Atlanta shall retain its name. Such municipal courts, county recorder's courts, the Civi I Courts of Richmond and Bibb counties, and administrative agencies having quasi-judicial powers shal I continue with the same jurisdiction as such courts and agencies have on the effective date of this article unti I otherwise provided by law. (6) Justice of the peace courts, small claims courts, and magistrate courts operating on the effective data of this Constitution and the County Court of Echols County shal I become and be classified as magistrate courts. The County Court of Baldwin County and the County Court of Putnam County shal I become and be classified as state courts, with the same jurisdiction and powers as other state courts. Paragraph 11. Continuation of ,judges. Each judge holding office on the effective date of this article shal I continue in office unti I the expiration of the term of office, as a judge of the court having the same or similar jurisdiction. Each court not named herein shal I cease to exist on such date or at the expiration of the term of the incumbent judge, whichever is later; and its jurisdiction shal I automatically pass to the new court of the same or similar jurisdiction, in the absence of which court it shall pass to the superior court.
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ART,ICLE VI I. TAXATION AND FINANCE
SECTION I. POWER OF TAXATION
Paragraph I. Ta xa tion: I imitations on grants of ta x powers. The state may not suspend or irrevocably give grant, limit, or restrain the right of ta xa tion and a1i laws, grants, contracts, and other acts to effect any of these purposes are null and void. Except as otherwise provided in this Constitution, the right of taxation shall always be under the complete control of the state.
Paragraph II. Ta x ing power limited. (a) The annual levy of state ad valorem ta xes on tangible property for al I purposes, except for defending the state in an emergency, shal I not exceed one-fourth mi I I on each dollar of the assessed value of the property,
(b) So long as the method of ta xa tion in effect on December 31, 1980, for the ta xation of shares of stock of banking corporations and other monied capital corning into competition with such banking corporations continues in effect, such shares and other monied capital may be ta xed at an annual rate not e xceeding five mi I ls on each dollar of the assessed value of the property .
Paragraph Ill. Uniformity: classification of property: assessment __of agricultural land: utilities. (a) All ta xes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraph (c), al I ta xation shal I be uniform upon the same class of subjects within the territorial limits of the authority levying the tax .
(b) (1) Except as otherwise provided in this subparagraph (b), classes of subjects for t axation of property shal I consist of tangible property and one or more classes of intangible personal property including money.
(2) Subject to the conditions and I imitations specified by law, each of the fol lowing types of property may be c)assified as a separate class of property for ad valorern property tax purposes and different rates, methods, and assessment dates may be provided for such properties:
(A) Motor vehicles, including trailers. (B) Mobile homes other than those mobile homes which qua I ify the owner of the home for a homestead exemption from ad valorern ta xation. (c) Tangible real property, but no more than 2,000 acres of any single property owner, which is devoted to bona
- 50 -

fide agricultural purposes shall be assessed for ad valorem taxation purposes at 75 percent of the value which other tang i b Ie rea I property is assessed. No property sha I I be entitled to receive the preferential assessment -provided for in this subparagraph if the property which would otherwise receive such assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving the benefit of such preferential assessment as to more than 2,000 acres. No property shal I be entitled to receive the preferential assessment provided for in this subparagraph unless the conditions set out below are met:
(1) The property must be owned by: (A) One or more natural or naturalized
c i t i ze ns; or (B) A family-owned farm corporation, the
control I ing interest of which is owned by individuals related to each other within the fourth degree of civil reckoning, and such corporation derived 80 percent or more of its gross income from bona fide agricultural pursuits within this state within the year immediately preceding the year in which el igibi I ity is sought. (2) The General Assembly shal I provide by law:
(A) for a definition of the term "bona fide agricultural purposes," but such term shal I include timber production;
(B) For additional minimum conditions of el igibi I ity which such properties must meet in order to qualify for the preferential assessme nt provided for herein, including, but not I imited to, the requirement that the owner be required to enter into a covenant with the appropriate taxing authorities to maintain the use of the properties in bona fide agricultural purposes for a period of not less than ten years and for appropriate penalties for the breach of any such. covenant. (3) In addition to the specific conditions set forth in this subparagraph (c), the General Assembly may place further restrictions upon, but may not rela x , the conditions of el igibi I ity for the preferential assessment provided for herein. (d) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem ta xes of pub I ic uti I ities, but not on a greater assessed percentage of value or at a higher
- 51 -

rate of taxation than other properties, except that property provided for in subparagraph (c).
SECTION I I. EXEMPTIONS FROM AD VALOREM TAXATION
Paragraph I. Unauthorized tax exemptions void. Except as authorized in or pursuant to this Constitution, all laws e xempting property from ad valorem taxation are void.
Paragraph I I. Exe mptions from taxation of property. (a) (1) Except as otherwise provided in this Constitution,
no property shal I be exempted from ad valorem ta xation unless the exemption is approved by two-thirds of the members elected to each branch of the General Assembly in a rol I-cal I vote and by a majority of the qua I ified electors of the state voting in a referendum thereon.
(2) Homestead exemptions from ad valorem ta xation levied by local ta x ing jurisdictions may be granted by local law conditioned upon approval by a majority of the qualified electors residing within the I imits of the local taxing jurisdiction voting in a referendum the reon.
( 3) Laws subject to the requirement of a referendum as provided in this subparagraph (a) may originate in either the Senate or the House of Rep re sen tat ives.
(4) The requirements of this subparagraph (a) shal I not apply with respect to a law which codifies or recodifies an exemption previou s ly authorized in the Constitution of 1976 or an exemption authorized pursuant to this Con s titution. (b) The grant of any exemption from ad valorem ta xa tion shal I be subject to the conditions, I imitations, and administrative procedures specified by law. Paragraph I I I. Exe mptions which may be authorized local IY. (a) (1) The governing authority of any county or municipality, subject to the approval of a majority of the qua I ified electors of such political subdivision voting in a referendum thereon, may exempt from ad valorem ta xation, including al I such ta xation levied for educational purposes and for state purposes, inventories of goods in the process of manufacture or production, and inventories of finished goods . .
( 2) Exempt ians granted pursuant to this subparagraph (a) may only be revoked by a referendum election cal led and conducted as
- 52 -

provided by law. The cal I for such referendum shal I not be issued within five years from the date such exemptions were first gran~ed and, if the results of the election are 1n favor of the revocation of such exemptions, then such revocation shal I be effective only at the end of a five-year period from the date of such referendum.
(3) The implementation , administration, and revocation of the exemptions authori zed in this subpa ragraph (a) shal I be provided for by law. Until otherwise provided by law, the grant of the e xemption shal I be subject to the same conditions, I imitations, definitions, and procedures provided for the grant of such exemption in the Constitution of 1976 on June 30, 1983. (bl That portion of Article VII, Section I, Paragraph IV of the Con s titution of 1976 which authorized local exemptions for certain property used in solar energy heating or cooling systems and in the manufacture of such systems is adopted by this reference as a part of this Constitution as completely as though incorporated in this Paragraph verbatim. This subparagraph (b) is repealed effective July 1, 1986. Paragraph IV. Current property ta x e xemptions preserved. Those types of e xemptions from ad valorem ta xation provided for by law on June 30, 1983, are hereby continued in effect as statutory law until otherwise provided for by law. Any law which reduces or repeals any homestead e xemption in e x istence on June 30, 1983, or created th~reafter must be approved by two-thirds of the members elected to each branch of the Gene ral Assembly in a rol I-cal I vote and by a majority of the qua I ified elec tors of the state or the affected local ta x ing jurisdiction voting in a referendum thereon. Any law which reduces or repeals exemptions granted to religious or burial grounds or institutions of purely pub I ic charity must be approved by two-thirds of the members elected to each branch of the General Assembly.
SECT I ON I I I . PURPOSES AND METHOD OF STATE TAXATION
Paragraph I. Ta xation; purposes for which powers may be e xercised. (a) Except as otherwise provided in this Constitution, the power of ta xation over the whole state may be e xercised for any purpose authori z ed by law. Any purpose for which the powers of taxation over the whole state could have been e xercised on June 30, 1983, shal I continue to be a purpose for which such powers may be exercised.
- 53 -

(b) Subject to conditions and I imitations as may

be provided by law, the power of taxation may be exercised

to make grants for tax relief purposes to persons for sales

tax paid and not otherwise reimbursed on prescription drugs

Credits or relief provided hereunder may be I imited only t~

such reasonable classifications of taxpayers as may be

specified by law.

Paragraph I I. Revenue to be paid into general

fund.

(a)

Except as otherwise provided in this

Constitution, a I I revenue co I Iected from taxes, fees, and

assessments for state purposes, as authorized by revenue

measures enacted by the General Assembly, shal I be paid into

the general fund of the state treasury.

(b) (1) As authorized by law providing for the

promotion of any one or more types of agricultura l

products, fees, assessments, and other charges

collected on the sale or processing of agricultural

products need not be paid into the general fund of

the state treasury, The uniformity requirement Of

this article shall be satisfied by the application

of the agricultural promotion program upon the

affected products.

(2) As

used

in

this

subparagraph,

"agricultural products" includes, but is not

limited to, reg istered livestock and livestock

products, poultry and poultry products, timber and

I
1

timber products, fish and seafood, and the products

of the farms and forests of this state.

Paragraph Ill.

Grants to counties and

municipalities. State funds may be granted to counties and

municipalities within the state. The grants authorized by

this Paragraph shal I be made in such manner and form and

subject to the procedures and conditions specified by law.

The law providing for any such grant may I imit the purposes

for which the grant funds may be e xpended.

SECTION IV. STATE DEBT

Paragraph I. Purposes for which debt may be incurred. The state may incur:
(a) Pub I ic debt without I imit to repel . invasion, suppress insurrection, and defend the state in time of war.
(b) Pub I ic debt to supply a temporary deficit in the state treasury in any fiscal year created by a delay in collecting the taxes of that year . Such debt shal I not exceed, in the aggregate, 5 percent of the tota I revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which such debt is

- 54 -

incurred. The debt incurred shal I be repaid on or before the last day of the fiscal year in which it is incurred out of taxes levied for that fiscal year. 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 to supply a temporary deficit in the state treasury.
(c) General obi igation debt to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, bui I dings, structures, equipment, or faci I ities of the state, its agencies, departments, institutions, and of those state authorities which were created and activated prior to November 8, 1960.
(d) General obi igation debt to provide educational faci I ities for county and independent school systems and, when the construction or such educational facilities has been completed, the title to such educational faci I ities shal I be vested in the respective local boards of education for which such faci I ities were constructed.
(e) Guaranteed revenue debt by guaranteeing the payment of revenue obi igations issued by an instrumentality of the state if such revenue obi igations are issued to finance:
( 1 ) Toi I bridges or tol I roads. ( 2) Land pub I ic transportation faci I ities or systems. (3) Water faci I ities or systems. (4) Sewage faci I ities or systems. (5) Loans to, and loan programs for, citizens of the state for educational purposes. Paragraph I I. State general obi igation debt and guaranteed revenue debt; limitations. (a) As used in this Paragraph and Para~raph Ill of this section, "annual debt service requirements' means the total principal and interest coming due in any state fiscal year. With regard to any issue of de bt incurred wholly or in part on a term basis, "annual debt service requirements" means an amount equal to the total principal and interest payments required to retire such issue in ful I divided by the number of years from its issue date to its maturity date. (b) No debt may be incurred under subparagraphs (c), (d), and (e) of Paragraph I of this section or Paragraph V of this section 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 or any subsequent fiscal year of the state under al I contracts then in force to which the
- 55 -

provisions of the second paragraph of Article IX, Section

VI, Paragraph l(a) of the Constitution of 1976 are

applicable, exceed 10 percent of the total revenue receipts

less refunds of the state treasury in the fiscal yea~

immediately preceding the year in which any such debt is to

be incurred.

(c) No debt may be incurred under subparagraphs

(c) and (d) of Paragraph I of this section at any time when

the term of the debt is in excess of 25 years.

(d) No guaranteed revenue debt may be incurred to

finance water or sewage treatment faci I ities 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 facilities or systems or sewage facilities or

systems exceed 1 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 to

be incurred.

(e) The aggregate amount of guaranteed revenue

debt incurred to make loans for educational purposes that

may be outstanding at any time shal I not exceed $18 mi I I ion,

and the aggregate amount of guaranteed revenue debt incurred

to purchase, or to lend or deposit against the security of,

loans for educational purposes that may be outstanding at

any time shal I not e xceed $72 mi I I ion.

Parngraph 111. State genera I obi igation debt and

guaranteed revenue debt; conditions upon issuance; sinking

funds and res~.r.Y.e fun_<!.. (a) (1) General obligation debt

may not be incurred until legislation is enacted

stating the purposes, in general or specific term .s,

for which such issue of debt is to be incurred,

specifying the ma x imum 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 shal I 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 shal I raise by ta xation and

appropriate each fiscal year, in addition to the

sum necessary to make a I I payments required under

contracts entitled to the protection of . the second

paragraph of Paragraph l(a), Section VI, Article IX

of the Constitution of 1976, such amounts as are

necessary to pay debt service requirements in such

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fiscal year on al I general obi igation debt.

(2) (A) The

General Assembly shall

appropriate to a special trust fund to be

designated "State of Georgia General

Obi igation Debt Sinking Fund" such amounts as

are necessary to pay annual debt service

requireme nts on al I general obi igation debt.

The sinking fund shal I be used solely for the

retirement of general obi igation debt payable

from the fund. If for any rea son the monies

in the sinking fund are insufficient to make,

when due, al I payments required with respect

to such general obi igation debt, the first

revenues thereafter received in the general

fund of the state shall be set aside by the

appropriate state fiscal officer to the extent

neces sary to cure the deficiency and shal I be

deposited by the fiscal officer into the

sinking fund. The appropriate state fiscal

officer may be required to set aside and apply

such revenues at the suit of any holder of

any general obi igation debt incurred under

this section.

(B) The obi igation to make sinking fund

deposits as provided in subparagraph (2)(A)

shal I be subordinate to the obi igation imposed

upon the fiscal officers of the state pursuant

to the provisions of the second paragraph of

Paragraph l(a) of Section VI of Article IX of

the Constitution of 1976.

( b) ( 1) Gua rilnteed revenue debt may not be

incu rred until legislation has been enacted

authoti z ing the guarantee of the specific issue of

revenue ob I i ga ti ons then p reposed, r-ec it i ng that

the General Assembly has determined such

obligations will be self-liquidating over the life

of the issue (which determination shall be

conclusive), specifying the ma x imum principal

amount of such issue and appropriating an amount at

least equal to the highest annual debt service

requirements for such is sue .

(2) (A) Each appropriation made for the

purposes of subparagraph (b)(l) shall be paid

upon the issuance of said obligation s into a

special trust fund to be designated "State of

Geor~ia Guaranteed Revenue Debt Common Reserve

Fund to be held together with al I other sums

similarly appropriated as a common reserve for

any payments which may be required by virtue

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of any guarantee entered into in connection with any issue of guaranteed revenue obi igations. No appropriations for the benefit of guaranteed revenue debt shal I lapse unless repealed prior to the payment of the appropriation into the common reserve fund.
(B) If any payments are required to be made from the common reserve fund to meet debt service requirements on guaranteed revenue obi igations by virtue of an insufficiency of revenues, the amount necessary to cure the deficiency sha l I be paid from the common reserve fund by the appropriate state fiscal officer. Upon any such payment, the common reserve fund shal I be reimbursed from the general funds of the state within ten days fo l lowing the commencement of any fiscal year of the state for any amounts so paid; provided, however, the obi igation to make any such reimbursements shall be subordinate to the obi igation imposed upon the fiscal officers of the state pursuant to the second paragraph of Paragraph l(a) of Section VI, Article IX of the Constitution of 1976 and shal I a lso be subordinate to the obi igation to make sinking fund deposits for the benefit of general obligation debt. The appropriate state fiscal officer may be required to apply such funds as provided in this subparagraph (b)(2)(B) at the suit of any holder of any such guaranteed revenue obi igations.
(C) The amount to the credit of the common reserve fund shal I at al I times be at least equal to the aggregate highest annua l debt service requirements on all outstanding guaranteed revenue obi igations entit led to the benefit of the fund. If at the end of any fiscal year of the state the fund is in excess of the required amount, the appropriate state fiscal officer, as designated by law, sha ll transfer the exces s amount to the general funds of the state free of said trust. (c) The funds in the general obligation debt sinking fund and the guaranteed revenue debt common reserve fund shall be as fully invested as is practicable, consistent with the re quirements to make current principal and interest payments. Any such investments shal I be restricted to obi igations constituting direct and general obi igations of the United States government or obi igations
- 58 -

unconditionally guaranteed as to the payment of principal and interest by the United States government, maturing no longer than 12 months from date of purchase.
Paragraph IV. Certain contracts prohibited. The state, and al I state institutions, departments and agencies of the state are prohibited from entering into any contract, exce pt contracts pertaining to guaranteed revenue debt, with any pub I ic agency, pub I ic corporation, authority, or similar entity if such contract is intended to constitute security for bonds or other obi igations issued by any such pub I ic agency, pub I ic corporation, or authority and, in the event any contract between the state, or any state institution, department or agency of the state and any pub I ic agency, pub I ic corporation, authority or similar entity, or any revenues from any such contract, is pledged or ass igned as security for the repayment of bonds or other obi igations, 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.
Paragraph V. Refunding of debt. The state may incur general obi igation debt or guaranteed revenue debt to fund or refund any such debt or to fund or refund any obi igations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph l(a), Section VI, Article IX of the Constitution of 1976 are applicable. The issuance of any such debt for the purposes of said funding or refunding sha I I be subject to the 10 percent limitation in Paragraph ll(b) of this section to the same extent as debt incurred under Paragraph I of this section; provided, however, in making such computation the annua I debt service requirements and annua I contract payments remaining on the debt or obi igations being funded or refunded shall not be taken into account. The issuance of such debt may be accomplished by resolution of the Georgia State Financing and Investment Commission ~ithout any ac tion on the part of the General Assembly and any appropriation made or required to be made with respect to the debt or obi igation being funded or refunded shal I immediately attach and inure to the benefit of the obi igations to be issued in connection with such funding or refunding. De bt incurred in connection with any such funding or refunding shal I be the same as that originally authorized by the General Assembly, except that general obi igation debt may be incurred to fund or refund obi igations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph l(a), Section VI, Article IX of the Constitution of 1976 are applicable and the continuing appropriations required to be
- 59 -

made under this Constitution shall immediately attach and

inure to the benefit of the obi igation to be issued in

connection with such funding or refunding with the same

force and effect as though said obi igations so funded or

refunded had originally been issued as a general obi igation

debt authorized hereunder. The term of a funding or

refunding issue pursuant to this Paragraph sha 11 not extend

beyond the term of the original debt or obi igation and the

total interest on the funding or refunding issue shal l not

e xceed the total interest to be paid on such original debt

or obi igation. The principal amount of any debt issued in

connection with such funding or refunding may e xceed the

principal amount being funded or refunded to the extent

necessary to provide for the payment of any premium thereby

incurred.

Paragraph VI. Faith and credit of state pledged

debt may be validated. The ful I faith, credit, and ta x ing

power of the state are hereby pledged to the payment of al I

public debt incurred under this artic le and al l such debt

and the interest on the debt sha 11 be e xe mpt from ta xation.

Such debt may be validated by judicial proceedings in the

manner provided by law.

Such validation shall be

incontestable and conclusive.

Paragraph VI I. Georgia State Financing and

Inve stment Commission: duties. There shal I be a Georgia

State Financing and Investment Commission. The commission

shal I 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 l aw, and tile

Commissioner of Agriculture. The commission shal I be

responsible for the issuance of c1II public debt and for the

proper application, as provided by law, of the proceeds of

such debt to the purposes for which it is incurred;

provided, however, the proceeds from guaranteed revenue

obi igations shal I be paid to the issuer thereof and such

proceeds and the app li cation thereof shall be the

responsibility of such issuer. Debt to 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 a llocated, disbursed and used

solely in accordance with the original purpose and without

exceeding the principal amount authorized for each purpo se

set forth in the authorization of the General Assembly and

to the e xtent not so used shal I be used to purchase and

retire pub I ic debt. The commission shal I be responsible for

the investment of al I proceeds to be administered by it and,

as provided by law, the income earned on any such

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investments may be used to pay operating e xpenses of the commission or placed in a common debt retirement fund and used to purchase and retire any pub I ic debt, or any bonds or obi igations issued by any pub I ic agency, pub I ic corporation or authority which are secured by a contract to which the provisions of the second paragraph of Paragraph l(a) of Section YI, Article IX of the Constitution of 1976 are applicable. The commission shal I have such additional responsibi I ities, powers, and duties as are provided by law .
Paragraph YI 11. State aid forbidden. Except as provided in this Constitution, the credit of the state shall not be pledged or loaned to any individual, company, corporation, or association. The state shal I not become a joint owner or stockholder in or with any individual, company, association, or corporation.
Paragraph IX. Construction. Paragraphs I through YI I I of this section are for the purpose of providing a n effective method of financing the state's needs and their provisions and any law now or hereafter enacted by the General Assembly in furtherance of their provisions shal I be I iberal ly 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 of such Paragraphs shal I be control I ing; provided, however, the provisions of such Paragraphs shal I not be so broadly construed as to cause the same to be uncons ti tut iona I and in connection wi th any such construction such Paragraphs shal I be deemed to contain such imp I ied I imitations as shal I be required to accomplish the foregoing.
Paragraph X. Assumption of debts forbiddeni exceptions. The state shal I not assume the debt, or any part thereof, of any county, municipality, or other political subdivision of the state, unless such debt be contracted to enable the state to repel invasion, suppress civi I disorders or insurrection, or defend itself in time of war.
Paragraph XI. Section not to unlawful IY impair contracts or revive obi igations previously voided. The provisions of this section shal I not be construed so as to:
(a) Unlawfully impair the obligation of any contract in effect on June 30, 1983.
(b) Revive or permit the revival of the obi igation of any bond or security declared to be void by the Constitution of 1976 or any previous Constitution of this state.
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ARTICLE VI 11. EDUCATION SECTION I.
PUBLIC EDUCATION Paragraph I. Pub I ic education: free publ.l. education prior to college or postsecondary level: support by ta xation. The provision of an adequate pub I ic education for the citizens shal I be a pr imary obi igation of the State of Georgia . Pub I ic education for the citizens prior to the college or postsecondary level shal I be free and shal I be provided for by taxation . The expense of other pub I ic education shal I be provided for in such manner and in such amount as may be provided by law.
SECTION I I. STATE BOARD OF EDUCATION Paragraph I. State Board of Education. (a) There shal I be a State Board of Education which shal I consist of one member from each congressional district in the state appointed by the Governor and confirmed by the Senate. The Governor sha I I not be a member of said boa rd. The ten members in office on June 30, 1983, sha 11 serve out the remainder of their respective terms. As each term of office expires, the Governor shal I appoint a successor as herein provided. The terms of office of al I members appointed after the effective date of this Constitution shal I be for seven years. Members shal I serve unti I their successors are appointed and qualified. In the event of a vacancy on the board by death, resignation, removal, or any reason other than expiration of a member's term, the Governor shal I fill such vacancy; and the person so appointed shal I serve until confirmed by the Senate and, upon confirmation, shal I serve for the une xpired term of office. (b) The State Board of Education shal I have such powers and duties as provided by law. (c) The State Board of Education may accept bequests, donations, grants, and transfers of land, bui Idings, and other property for the use of the state educational system. ( d) The qua I if i cations, compensation, and remova I from office of the members of the board of education shall be as provided by law.
SECTION 111. STATE SCHOOL SUPERINTENDENT
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Paragraph I. State School Superintendent. There shal I be a State School Superintendent, who shal I 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 shal I have such qua I ifications and shal I be paid such compensation as may be fi xe d by law. No member of the State Board of Education shal I be eligible for election as State School Superintendent during the time for which such member shal I have been a ppointed.
SECTION IV. BOARD OF REGENTS
Paragraph I. University System of Georgia: board of regents. (a) The re sha I I be a Boa rd of Regents of the University System of Georgia which shal I 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 shal I not be a member of said board. The members in office on June 30, 1983, shal I serve out the remainder of their respective terms. As each term of office e xpires, the Governor shal I appoint a successor as herein provided. Al I such terms of members shal I be for seven years. Members shall serve until their successors are appointed and qualified. In the event of a vacancy on the board by death, resignation, removal, or any reason other than the e xpiration of a member's term, the Governor shal I fi I I such vacancy; and the person so appointed shal I serve unti I confirmed by the Senate and, upon confirmation, shal I serve for the unexpired term of office.
(b) The board of regents shal I have the e xclusive authority to create new pub I ic colleges, junior colleges, and universities in the State of Georgia, subject to approval by majority vote in the House of Representatives and the Senate. Such vote shal I not be required to change the status of a college, institution or university existing on the effective date of this Constitution. The government, control, and management of the University System of Georgia and al I of the institutions in said system shal I be vested in the Board of Regents of the University System of Georgia.
(c) Al I appropriations made for the use of any or all institutions in the university system shall be paid to the board of regents in a lump sum, with the power and authority in said board to al locate and distribute the same among the institutions under its control in such way and manner and in such amounts as wi I I further an efficient and economical administration of the university system.
- 63 -

(d) The board of regents may hold, purchase lease, sel I, convey, or otherwise dispose of pub I ib property, execute conveyances thereon, and uti I ize the proceeds ar,s,ng therefrom; may exercise the power of eminent domain in the manner provided by law; and shal I have such other powers and duties as provided by law.
(e) The board of regents may accept bequests donations, grants, and transfers of land, bui Idings, and other property for the use of the University System of Georgi a.
(f) The qua I ifications, compensation, and removal from office of the members of the board of regents shal I be as provided by law.

SECTION V. LOCAL SCHOOL SYSTEMS

Paragraph I.

School systems continued

consolidation of school systems authorized: new independent

school systems prohibited. Authority is granted to county

and area boards of education to establish and maintain

public schools within their limits. Existing county and

independent school systems shal I be continued, except that

the General Assembly may provide by law for the

consolidation of two or more county school systems,

independent school systems, portions thereof, or any

combination thereof into a single county or area school

system under the control and management or a county or area

board of education, under such terms and ~onditions as the

General Assembly may prescribe; but no such consolidation

shal I become effective unti I approved by a majority of the

qua I ified voters voting thereon in each separate school

system proposed to be consolidated. No independent school

system shal I hereafter be established.

Paragraph 11. Boards of education. Each school

system shal I be under the management and control of a board

of education, the members of which shal I be elected or

appointed as provided by law. School board members shall

reside within the territory embraced by the school system

and shal I have such compensation and additional

qua I ifications as may be provided by law.

Paragraph 111. School superintendents. There

shal I be a school superintendent of each system who shal I be

the executive officer of the board of education and shall

have such qua I ifications, powers, and duties as provided by

general law.

Paragraph IV. Changes in school boards and

superintendent. (a) The composition of school boards, the

term of office, and the methods of selecting board members

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and school superintendents, including whether elections shall be partisan or nonpartisan, shall be as provided by law applicable thereto on June 30, 1983, but may be changed thereafter only by local law, conditioned upon approval by a majority of the qua I ified voters voting thereon in the system affected. It shal I not be necessary for a local law which reapportions election districts from whi c h members of a local board of education are elected to be conditioned on the approval of the voters as herein required.
(b) School systems which are authori zed on June 30, 1983, to make the changes listed in subparagraph (a) of this Paragraph by local law without a referendum may continue to do so.
Paragraph V. Power of boards to contract with each other. (a) Any two or more boards of education 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 to perform .
(b) The General Assembly may provide by law for the sharing of faci I ities or services by and between local boards of education under such joint administrative authority as may be authorized.
Paragraph VI. Power of boards to accept bequests, donations, grants, and tr~nsfers. The board of education of each school system may accept bequests, donations , grants, and transfers of land, bui Idings, and other property for the use of such system.
Paragraph VII . .pecial schools. (a) The General Assembly may provide by law for the creation of special schools in such areas as may require them and may provide for the participation of local boards of education in the establishment of such schools under such terms and conditions as it , may provide; but no bonded indebtedness may be incurred nor a school tax levied for the support of special schools without the approval of a majority of the qua I ified voters voting thereon in each of the systems affected. Any spec ia I schoo Is sha I I be operated in conformity with regulations of the State Board of Education pursuant to provisions of law. The state is authorized to expend funds for the support and maintenance of special schools in such amount and manner as may be provided by law.
(b) Nothing contained herein shal I be construed to affect the authority of local boards of education or of the state to support and maintain special schools created prior to June 30, 1983.
SECT ION VI. LOCAL TAXATION FOR EDUCATION
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.....

Paragraph I. Local taxation for education. (a)

The board of education of each school system shal I annually

certify to its fiscal authority or authorities a school tax

not greater than 20 mi I Is per dollar for the support and

maintenance of education. Said fiscal authority or

authorities shal I annually levy said ta x upon the assessed

value of al I ta xable property within the territory served by

said school system, provided that the levy made by an area

board of education, which levy shal I not be greater than 20

mi I ls per dollar, shal I be in such amount and within such

limits as may be prescribed by local law applicable thereto.

(b) School ta x funds shal I be expended only for

the support and maintenance of public schools, public

vocational-technical schools, pub I ic education, and

activities necessary or incidental thereto, including school

lunch purposes .

(c) The 20 mill limitation provided for in

subparagraph (a) of this Paragraph shall not apply to those

school systems which are authorized on June 30, 1983, to

levy a school tax in excess thereof.

(d) The method of certification and levy of the

school ta x provided for in subparagraph (a) of this

Paragraph shall not apply to those systems that are

authorized on June 30 , 1983, to uti I i ze a different method

of certification and levy of such ta x; but the General

Assembly may by law require that such systems be brought

into conformity with the method of certification and levy

herein provided.

Paragraph 11. Increasing or removing tax rate.

The mill limitation in effect on June 30, 1983, for any

school system may be increased or r e moved by action of the

respective boards of education, but only after such action

has been approved by a majority of the qua I ified voters

voting thereon in the particular school system to be

affected in the manner provided by law.

Paragraph Ill.

School

tax

collection

reimbursement. The General Assembly may by general law

require local boards of education to reimburse the

appropriate governing authority for the collection of school

ta xes, provided that any rate established may be reduced by

local act.

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SECTION VII. EDUCATIONAL ASSISTANCE
Paragraph I. Educational assistance programs authorized. (a) Pursuant to laws now or hereafter enacted by the General Assembly, pub I ic funds may be expended for any of the fol lowing purposes:
(1) To provide grants, scholarships, loans, or other assistance to students and to parents of students for educational purposes.
(2) To provide for a program of guaranteed loans to students and to parents of students for educational purposes and to pay interest, interest subsidies, and fees to lenders on such loans. The General Assembly is authorized to provide such ta x exemptions to lenders as shal I be deemed advisable in connection with such program.
(3) To match funds now or hereafter avai Iable for student assistance pursuant to any federal law.
(4) To provide grants, scholarships, loans, or other assistance to pub I ic employees for educational purposes .
(5) To provide for the purchase of loans made to students for educational purposes who have completed a program of study in a field in which critical shortages exist and for cancel lat ion of repayment of such loans, interest, and charges thereon. (bl Contributions made in support of any educational assistance program now or hereafter established under provisions of this section may be deductible for state income tax purposes as now or hereafter provided by law. Paragraph I I. Guaranteed revenue debt. Guaranteed revenue debt may be incurred to provide funds to make loans to students and to parents of students for educational purposes, to purchase loans made to students and to parents of students for educational purposes, or to lend or make deposits of such funds with lenders which shat I be secured by loans made to students and to parents of students for educational purposes. Any such debt shal I be incurred in accordance with the procedures and requirements of Article VII, Section IV of this Constitution. Paragraph Ill. Public authorities. Public authorities or pub I ic corporations heretofore or hereafter created for such purposes shal I be authorized to administer educational assistance programs and, in connection therewith, 111ay exercise such powers as may now or hereafter be provided by law.
- 67 -

Paragraph IV. Waiver of tuition. The Board of Regents of the University System of Georgia shal I be authorized to establish programs al lowing attendance at units of the University System of Georgia without payment of tuition or other fees, but the General Assembly may provide by law for the establishment of any such program for the benefit of elderly citizens of the state.
, ! I
- 68 -

ARTICLE IX. COUNTIES AND MUNICIPAL CORPORATIONS
SECTION I. COUNTIES
Paragraph I. Counties a body corporate and eol itic. Each county shal I be a body corporate and politic with such governing authority and with such powers and I imitations as are provided in this Constitution and as provided by law. The governing authorities of the several counties shal I remain as prescribed by law on June 30, 1983, unti I otherwise provided by law.
Paragraph I I. Number of counties I imited: county boundaries and county sites: county consolidation. (a) There shal I not be more than 159 counties in this state.
(b) The metes and bounds of the several counties and the county sites shal I remain as prescribed by law on June 30, 1983, unless changed under the operation of a genera I law.
(c) The General Assembly may provide by law for the consolidation of two or more counties into one or the division of a county and the merger of portions thereof into other counties under such terms and conditions as it may prescribe; but no such consolidation, division, or merger shal I become effective unless approved by a majority of the qua I ified voters voting thereon in each of the counties proposed to be consolidated, divided, or merged.
Paragraph I I I. County officers: election: term: compensation. (a) The clerk of the superior court, judge of the probate court, sheriff, tax receiver, tax collector, and tax commissioner, where such office has replaced the tax receiver and tax collector, shal I be elected by the qualified voters of their respective counties for terms of four years and shal I have such qua I ifications, powers, and duties as provided by general law.
(b) county officers I isted in subparagraph (a) of this Paragraph may be on a fee basis, salary basis, or fee basis supplemented by salary, in such manner as may be directed by law. Minimum compensation for said county officers may be established by the General Assembly by genera I Iaw. Such mini mum compensation may be supp Iemented by local law or, if such authority is delegated by local law, by action of the county governing authority.
(c) The General Assembly may consolidate the offices of tax receiver and tax collector into the office of tax commissioner.
Paragraph IV. Civi I service systems. The General Assembly may by general law authorize the establishment by county governing authorities of civi I service systems
- 69 -

covering county employees or covering county employees and employees of the elected county officers.

SECT ION I I. HOME RULE FOR COUNTIES AND MUNICIPALITIES

Paragraph I. Home rule for counties. (a) The

governing authority of each county shal I have legislative

power to adopt clearly reasonable ordinances, resolutions

or regulations relating to its property, affairs, and locai

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 to further define this power or to broaden, I imit, or

otherwise regu Iate the e xe re i se thereof. The Genera 1

As sembly shal I not pass any local law to repeal, modify, or

.i!!

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 60 days apart. A

notice containing a synopsis of the proposed amendment

1t

or repeal shal I be pub I ished in the official county

(

organ once a week for three weeks within a period of 60

I

days immediately preceding its final adoption. Such

I I

notice shal I 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

e xamination and inspection by the pub I ic. The clerk of

the superior court sha I I furnish anyone, upon written

request, a copy of the proposed amendment or repeal. No

amendme nt or repeal hereunder shal I be val id to change

or repeal an amendment adopted pursuant to a referendum

as provided in (2) of this subparagraph or to change or

repeal a local act of the General Assembly ratified in a

referendum by the electors of such county unless at

least 12 months have elapsed after such referendum. No

amendment hereunder shal I be val id if inconsistent with

any provision of this Constitution or if provision has

been made therefor by genera I law.

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(2) Amendments to or repeals of such local acts or ordinances, resolutions, or regulations adopted pursuant to subparagraph (a) _hereof may be initiated by a petition filed with the judge of the probate court of the county containing, in cases of counties with a population of 5,000 or less, the signatures of at least 25 percent of the electors registered to vote in the 1ast general election; in cases of counties with a population of more than 5,000 but not more than 50,000, at least 20 percent of the electors registered to vote in the last general election; and, in cases of a county with a population of more than 50,000, at least 10 percent of the e lectors registered to vote in the last general election, which petition shal I specifically set forth the exact language of the proposed amendment or repeal. The judge of the probate court shal I determine the validity of such petition within 60 days of 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 duty to issue the cal I for an e lection for the purpose of submitting such amendment or repeal to the registered electors of the county for their approval or rejection. Such cal I shal I be issued not less tha n ten nor more than 60 days after the date of the fi I ing of the petition. He shal I set the date of such election for a day not less than 60 nor more than 90 days after the date of such fi I ing. The judge of the probate court shal I cause a notice of the date of said e lection to be pub I ished in the official organ of the county once a week for three weeks immediately preceding such date. Said notice sha l I a lso contain a synopsis of the proposed amendment or repeal and shal I state that a copy thereof is on file in the office of the judge of the probate court of the county for the purpose of e xamination and inspection by the pub I ic. The judge of the probate court shal I furnish anyone, upon written request, a copy of the proposed amendment or repeal. If more than one-half of the votes cast on such question are for approval of the amendment or repeal, it shall become of full force and effect; otherwise, it shall be void and of no force and effect. The e xpense of such election shall be borne by the county, and it shal I be the duty of the judge of the probate court to hold and conduct such election. Such election sha l I 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
- 71 -

shal I be his further duty to certify the result thereof to the Secretary of State in accordance with the provisions of subparagraph (g) of this Paragraph, A referendum on any such amendment or repeal shal I not be held more often than once each year. No amendment hereunder shal I be val id if inconsistent with any provision of this Constitution or if provision ha s been made therefor by general law.
In the event that the judge of the probate court determines that such petition was not val id , he sha11 cause to be pub I ished in e x p I icit detai I the reasons why such petition is not valid; provided, however, tha t, in any proceeding in which the validity of the petition is at issue, the tribunal considering such i s sue shall not be I imited by the reasons assigned. Such pub I ication shal I be in the official organ of the county in the week immediately fol lowing the date on which such petition is declared to be not val id.
(c) The power granted to counties in subparagraphs (a) and (b) above shal I not be construed to ex tend to the fol lowing matters or any other matters which the Ge neral Assembly by general law has preempted or may hereafter preempt, but such matters shal I be the subject of general law or the subject of local acts of the General Assembly to the ex tent that the enactment of such local acts is otherwise permitted under this Constitution:
(1) Action affecting any elective county office, the salaries thereof , or the personnel thereof, except the personnel subject to the jurisdiction of the county governing authority.
(2) Action affecting the composition, form, procedure for election or appointment, comp e nsation, and expenses and allowa nces 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 ta xation beyond that authorized by law or by this Constitution .
(5) Action ex tending the power of regulation ove r any business activity regulated by the Georgia Pub I ic Service Commission be yond that authori zed by local or general law or by th i s Constitution.
(6) Action affecting the exercise of the power of eminent domain.
(7) Action affecting any court or the personnel thereof.
(8) Action affecting any pub I ic school system. (d) The power gra nted in subparagraphs (a) and (b) of this Paragraph shal I not include the power to take any
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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 subparagraphs (a), (b), (c), or (d) shall affect the provisions of subparagraph (f) of this Paragraph.
(f) The governing authority of each county is authorized to fix the salary, compensation, and expenses of those employed by such governing authority and to establish and maintain retirement or pension systems, insurance, w'Orkers' compensation, and hospitalization benefits for said employees.
(g) No amendment or revision of any local act made pursuant to subparagraph (b) of this section shall become effective unti I a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authori zed representative of the newspaper in which such notice was pub I ished to the effect that said notice has been pub I ished as provided in said subparagraph has been filed with the Secretary of State. The Secretary of State shal I provide for the pub I ication and distribution of al I such amendments and revisions at least annually.
Paragraph I I. Home rule for municipalities. The General Assembly may provide by law for the self-government of municipalities and to that end is expressly given the authority to delegate its power so that matters pertaining to municipalities may be dealt with without the necessity of action by the General Assembly.
Paragraph 111. ~pplementary powers. (a) In addition to and supplementary of al I powers possessed by or conferred upon any county, municipality, or any combination thereof, any county, municipality, or any combination thereof may exercise the fol lowing powers and provide the fol lowing services:
( 1) Pol ice and fire protection. (2) Garbage and sol id waste collection and disposal. (3) Pub I ic health faci I ities and services, including hospitals, ambulance and emergency rescue services, and animal control. (4) Street and road construction and maintenance, including curbs, sidewalks, street I ights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof. (5) Parks, recreational areas, programs, and facilities. (6) Storm water and sewage collection and disposal systems.
- 73 -

( 7) Deve Iopment,

storage,

treatment,

purification, and distribution of water.

( 8) Pub I ic housing.

(9) Pub I ic transportation.

(10) Libraries, archives, and arts and

sciences programs and faci I ities.

(11) Terminal and dock facilities and parking

faci I ities.

(12) Codes, including building, housing,

plumbing, and electrical codes.

( 13) Air qua I i ty cont ro I.

( 14) The power to maintain and modify

heretofore ex isting retirement or pension systems,

including such systems heretofore created by

general laws of local application by population

classification, and to continue in effect or modify

other benefits heretofore provided as a part of or

in addition to such retirement or pension systems

and the power to create and maintain retirement or

pension systems for any elected or appointed pub I ic

officers and employees whose compensation is paid

in whole or in part from county or municipal funds

and for the beneficiaries of such officers and

employees.

(b) Unless otherwise provided by law,

(1) No county may e xercise any of the powers

listed in subparagraph (a) of this Paragraph or

provide any service I isted therein inside the

boundaries of any municipality or any other county

I.I.I ,,,'
('

e xcept by contract with the municipality or county affected; and
(2) No municipality may exercise any of the

I

powers I isted in subparagraph (a) of this Paragraph or provide any service I isted therein outside its

I

own boundaries except by contract with the county or municipality affected.

(c) Nothing contained within this Paragraph shal I

operate to prohibit the General Assembly from enacting

general laws relative to the subject matters listed in

subparagraph (a) of this Paragraph or to prohibit the

General Assembly by general law from regulating,

restricting, or limiting the exercise of the powers listed

therein; but it may not withdraw any such powers.

(d) Except as otherwise provided in subparagraph

(b) or this Paragraph, the General Assembly shal I act upon

the subject matters I isted in subparagraph (a) of this

Paragraph only by general law.

Paragraph IV. Planning and zoning. The governing

authority of each county and of each municipality may adopt

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plans and may e xercise the power of zoning. This authorization shal I not prohibit the General Assembly from enacting general laws establishing procedures for the exercise of such power.
Paragraph V. Eminent domain. The governing authority of each county and of each municipality may exercise the power of eminent domain for any pub I ic purpose.
Paragraph VI. Special districts. As hereinafter provided in this Paragraph, special districts may be created for the provision of local government services within such districts; and fees, assessments, and taxes may be levied and collected within such districts to pay, who I ly or partially, the cost of providing such services therein and to construct and maintain facilities therefor. Such special districts may be created and fees, assessments, or ta xes may be levied and collected therein by any one or more of the fol lowing methods:
(a) By general law which directly creates the districts.
(b) By general law which requires the creation of districts under conditions specified by such general law.
(c) By municipal or county ordinance or resolution, e xcept that no such ordinance or resolution may supersede a law enacted by the General Assembly pursuant to subparagraphs (a) or (b) of this Paragraph.
Paragraph VI I. Commun i tY red eve Iopment. (a) The General Assembly may authorize any county, municipality, or housing authority to undertake and carry out community redevelopment, which may include the sale or other disposition of property acquired by eminent domain to private enterprise for private uses.
(b) In addition to the authority granted by subparagraph (a) of this Paragraph, the General Assembly is authorized to grant to counties or municipalities for redevelopment purposes and in connection with redevelopment programs, as such purposes and programs are defined by general law, the power to issue tax allocation bonds, as defined by such law, and the power to incur other obligations, without either such bonds or obligations constituting debt within the meaning of Section V of this article, and the power to enter into contracts for any period not e xceeding 30 years with private persons, firms, corporations, and business entities. Notwithstanding the grant of these powers pursuant to general law, no county or municipality may exercise these powers unless so authorized by local law and unless such powers are exercised in conformity with those terms and conditions for such exercise as established by that local law. The provisions of any such Ioca I Iaw sha I I conform to those requ i rements
- 75 -

established by general law regarding such powers. No such

local law, or any amendment thereto, shal I become effective

unless approved in a referendum by a majority of the

qua I ified voters of the county or municipality directly

affected by that loca I law.

Paragraph VI I I. Limitation on the ta x ing power and

contributions of counties, municipalities, and political

subdivisions. The General Assembly shal I not authorize any

county, municipality, or other political subdivision of this

state, through ta xation, contribution, or otherwise, to

appropriate money for or to lend its credit to any person or

to any nonpublic corporation or association except for

purely charitable purposes.

Paragraph IX.

Immunity

of

counties,

municipalities, and school district~. The General Assembly

may waive the immunity of counties, municipalities, and

school districts by law.

SECT I ON I I I . INTERGOVERNMENTAL RELATIONS

Paragraph I . Intergovernmental contracts. (a) The state, or any institution, depa rtment, or other agency thereof, and any county, municipality, school district, or other political subdivision of the state may contract for any period not exceeding 50 years with each other or with any other pub I ic agency, pub I ic corporation, or pub I ic authority for joint service s, for the provision of se rvice s , or for the joint or separate use of faci I ities or equipment; b~t such contracts must deal with activities, services, or faci I ities which the contracting parties are authori zed by law to undertake or p rovide.
(b) Subject to such I imitations as may be provided by general law, any county, municipality, or political subdivision thereof m;iy, in connection with a ny contracts authorized in this Pa r agraph, convey any e x isting faci I ities or equipment to the st a t e or to any pub I ic ag e ncy, pub I ic corporation, or pub I ic authority .
(c) Any county, municipality, or any combination thereof, may contract with any pub I ic a gency, pub I ic corporation, or public authority for the care, maintenance, and hospitalization of its indigent sick and ma y as a part of such contract agree to pay for the cost of acquisition, construction, modernization, or repairs of necessary land, bui Idings, and faci I ities by such pub I ic agency, pub I ic corporation, or pub I ic authority and provide for the payment of such services and the cost to such pub I ic agency, pub I ic corporation, or public authority of acquisition, construction, modernization, or repair of land, buildings,

- 76 -

and faci I ities from revenues realized by such county,

municipality, o~ any combination thereof from any taxes

authorized by this Constitution or revenues derived from any

other source.

Paragraph II. Local government reorganization.

(a) The General Assembly may provide by law for any matters

necessary or convenient to authorize the consolidation of

the governmental and corporate powers and functions vested

in municipalities with the governmental and corporate powers

and functions vested in a county or counties in which such

municipalities are located; provided, however, that no such

consolidation shal I become effective unless separately

approved by a majority of the qua I ified voters of the county

or each of the counties and of the municipality or each of

the municipalities located withi .n such county or counties

containing at least 10 percent of the population of the

county in which located voting thereon in such manner as may

be prescribed in such law. Such law may provide procedures

and requirements for the establishment of charter

commissions to draft proposed charters for the consolidated

government, and the General Assembly is expressly authorized

to delegate its powers to such charter commissions for such

purposes so that the governmental consolidation proposed by

a charter commission may become effective without the

necessity of further action by the General Assembly; or such

law may require that the recommendation of any such charter

commission be implemented by a subsequent local law.

(b) The General Assembly may provide by general

law for alternatives other than governmental consolidation

as autt1orized in subparagraph (a) above for the

reorgani zation of county and municipal governments,

including, but not limited to, procedures to establish a

single governing body as the governing authority of a county

and a . municipality or municipalities located within such

county or for the redistribution of powers between a county

and a municipality or municipalities located within the

county. Such law may require the form of governmental

reorganization authorized by such law to be approved by the

qua I ified voters directly affected thereby voting in such

manner as may be required in such law.

(c) Nothing in this Paragraph shall be construed

I

to I imit the authority of the General Assembly to repeal municipal charters without a referendum.

- 77 -

SECTION IV. TAXATION POWER OF CO UN TY AND MUNICIPAL GOVERNMENTS

Paragraph I. Power of ta xation. (a) Except as

otherwise provided in this Paragraph, the governing

authority of any county, municipality, or combination

thereof may exercise the power of ta xation as authorized by

this Constitution or by general law.

(b) In the absence of a general law:

(1) County governing authoriti e s may be

authorized by local law to levy and collect

business and occupationa I I icense ta xes and I icense

fees only in the unincorporated areas of the

counties. The General Assembly may provide that

the revenues raised by such ta x or fee be spent for

the provision of services only in the

unincorporated areas of the county.

(2) Municipal governing authorities may be

authorized by local law to levy and collect ta xes

and fees in the corporate I imits of the

mun i c i pa I it ies.

(c) The General Ass e mbly may provide by law for

the ta xation of insura nce companies on th e basis of gross

direct premiums received from insurance policies within the

unincorporated areas of countie s. The ta x authori ze d 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

As s embly may further provide by law for the redu c tion, only

upon ta xa ble property within the unincorporated area s of

counties, of the ad valorem ta x millage ra te for county or

county school distri c t purposes or for the reduction of such

ad valorem ta x mi I Iage rate for both such purposes in

connection with imposing or authorizing the imposition of

the ta x authori zed herein or in connection with providing

'i

for the distribution or the proceeds derived from the ta x authorized herein.

II

Panigraph II. Power of exoenditure. The governing

authority of any county, municipality, or combination

11

the reof may e xpe nd pub I ic funds to perform any pub! ic

ii

service or pub! ic function as authorized b~ this

Constitution or by law or to per form any other s ervice or

function as authorized by this Constitution or by general

law.

Paragra ph 111. Purposes of ta xation: alloca.tion of

t axes. No levy need state tt1e particular purposes for which

the same was ma de nor s ha l I any ta xe s collected be a l located

for any particular purpo se , unless otherwise provided by

this Constitution or by law.

- 78 -

SECTION V. LIMITATION ON LOCAL DEBT

Paragraph I.

Debt limitations of counties.

municipalities. and other political subdivisions. (a) The

debt incurred by any county, municipa I ity, or other

political subdivision of this state, including debt incurred

on behalf of any special district, shall never exceed 10

percent of the assessed value of al I ta xa ble property within

such county, municipality, or political subdivision; and no

such county, municipality, or other political subdivision

shal I incur any new debt without the assent or a majority of

the qualified voters of such county, municipality, or

political subdivision voting in an election held for that

purpose as provided by law.

(b) Notwithstanding subparagraph (a) of this

Paragraph, all local school systems which are authorized by

law on June 30, 1983, to incur debt in excess of 10 percent

of the assessed value of al I taxable property therein shal I

continue to be authorized to incur such debt.

Paragraph II. _Special district debt. Any county,

municipality, or political subdivision of this state may

incur debt on behalf of any special district created

pursuant to Paragraph VI of Section II of this article.

Such debt may be incurred on behalf of such special district

where the county, municipality, or other political

subdivision shal I have, at or before the time of incurring

such debt, provided for the assessment and collection of an

annual tax within the special district sufficient in amount

to pay the principal of and interes t on such debt within 30

years from the incurrence thereof; and no such county,

municipality, or other political subdivision shal I incur any

debt on behalf of such special district without the assent

of a majority of the qua I ified voters of such special

district voting in an election held for that purpose as

provided by law. No such county, municipality, or other

political subdivision shall incur any debt on behalf of such

specia district in an amount which, when take n together

with al I other debt outstanding incurred by such county,

municipality, or political subdivision and on behalf of any

such special district, excee ds 10 percent of the assessed

value of all taxable property within such county,

municipality, or political subdivision. The proceeds of the

ta x collected as provided herein shal I be placed in a

sinking fund to be held on behalf of such special district

and used exclusively to pay off the principal of and

interest on such debt thereafter maturing. Such moneys

shal I be held and kept separate and apart from al I other

revenues collected and may be invested and reinvested as

provided by law.

- 79 -

r

Paragraph Ill.

Refunding of outstandiD.9.

indebtedness. The governing authority of any county

municipality, or other political subdivision of this stat~

may provide for the refunding of outstanding bonded

indebtedness without the necessity of a referendum being

held therefor, provided that neither the term of the

original debt is extended nor the interest rate of the

original debt is increased. The principal amount of any

debt issued in connection with such refunding may e xc eed the

principal amount being refunded in order to reduce the total

principal and interest payment requirements over the

remaining term of the original issue. The proceeds of the

refunding issue shall be used solely to retire the original

debt. The original debt refunded shal I not constitute debt

within the meaning of Paragraph I of this section; but the

refunding issue sha I I constitute a debt such as wi I I count

against the limitation on debt measured by 10 percent of

assessed value of ta xable property as expressed in Paragraph

I of this section.

Paragraph IV. [~!;:..QQtions to debt I imita_tions.

Notwithstanding the debt limitations provided in Paragraph I

of this section and without the necessity for a referendum

being held therefor, the governing authority of any county,

municipality, or other political subdivision of this state

may, subject to the conditions and I imitations as may be

provided by general law:

(1) Accept and use funds granted by and

obtain loans from the federal government or any

agency thereof pursuant to conditions imposed by

fede ra I Iaw.

(2) Incur debt, by way of borrowing from any

person, corporation, or association as well as from

the state, to pay in whole or in part the cost of

property valuation and equalization programs for ad

valorem tax purposes.

Paragraph V. Temporary loans authorized. The

governing authority of any county, municipality, or other

political subdivision of this state may incur debt by .

obtaining temporary loans in each year to pay expenses. The

aggregate amount of a 11 such loans slia 11 not e xceed 75

percent of the total gross income from ta xe s collected in

the last preceeding year. Such loans shal I be payable on or

before December 31 of the calendar year in which such loan

is made. No such loan may be obtained when there is a loan

then unpaid obtained in any prior year. No such county,

municipality, or other political subdivision of this state

shal I incur in any one calendar year an aggregate of such

temporary loans or other contracts, notes, warrants, or

obi igations for current expenses in excess of the total

anticipated revenue for such calendar year.

- 80 -

Paragraph VI. Levy of ta xes to pay bonds; sinking fund required. Any county, municipality, or other political subdivision of this state shall at or before the time of incurring bonded indebtedness provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt within 30 years from the incurring of such bonded indebtedness. The proceeds of this tax, together with any other moneys collected for this purpose, shal I be placed in a sinking fund to be used exclusively for paying the principal of and interest on such bonded debt. Such moneys shal I be held and kept separate and apart from al I other revenues collected and may be invested and reinvested as provided by law.
Paragraph VI I. Val iditY of prior bond issues. Any and all bond issues validated and issued prior to June 30, 1983, shal I continue to be val id.
SECT ION VI. REVENUE BONDS
Paragraph I. Revenue bonds; general I imitations. Any county, municipality, or other political subdivision of this state may issue revenue bonds as provided by general law. The obi igation represented by revenue bonds shal I be repayable only out of the revenue derived from the project and shal I not be deemed to be a debt of the issuing po I it ica I subdivision. No such issuing po I it ica I subdivision shal I exercise the power of ta xa tion for the purpose of paying any part of the principal or interest of any such revenue bonds.
Paragraph II. Revenue bonds; special limitations. Where revenue bonds are issued by any county, municipality, or other political subdivision of this state in order to buy, construct, extend, operate, or maintain gas or electric generating or distribution systems and necessary appurtenances thereof and the gas or electric generating or distribution syste m extends beyond the I imits of the county in which the municipality or other political subdivision is located, then its services rendered and property located outside said county shal I be subject to taxation and regulation in the same manner as are privately owned and operated uti I ities.
Paragraph 111. Development authorities. The development of trade, commerce, industry, and employment opportunities being a pub I ic 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 municipality or combination thereof under such
- 81 -

uniform terms and conditions as it may deem necessary. The General Assembly may exempt from taxation development authority obi igations, properties, activities, or income and may authorize the issuance of revenue bonds by such authorities which shal I not constitute an indebtedness of the state within the meaning of Section V of this article.
Paragraph IV. Validation. The General Assembly shal I provide for the validation of any revenue bonds authorized and shal I provide that such validation shal I thereafter be incontestable and conclusive.
Paragraph V. Val iditY of prior revenue bond issues. Al I revenue bonds issued and validated prior to June 30, 1983, shal I continue to be val id.
- 82 -

ARTICLE X. AMENDMENTS TO THE CONSTITUTION
SECTION I. CONSTITUTION, HOW AMENDED

Paragraph I. Proposals to amend the Constitution:

new Constitution. Amendments to this Constitution or a new

Constitution may be proposed by the General Assembly or by a

constitutional convention, as provided in this article.

Only amendments which are of general and uniform

applicability throughout the state shall be proposed,

passed, or submitted to the people.

Paragraph I I. Proposals by the General Assembly;

submission to the people. A proposal by the General

Assembly to amend this Constitution or to provide for a new

Constitution shal I originate as a resolution in either the

Senate or the House of Representatives and, if approved by

two-thirds of the members to which each house is entitled in

a roll-call vote entered on their respective journals, shall

be submitted to the electors of the entire state at the nex t

general election which is held in the even-numbered years.

A summary of such proposal shal I be prepared by the Attorney

General, the Legislative Counsel, and the Secretary of State

and shal I be pub I ished in the official organ of each county

and, if deemed advisable by the "Constitutional Amendments

Pub I ication Board," in not more than 20 other newspapers in

the state designated by such board which meet the

qualifications for being selected as the official organ of a

county. Said board shal I be composed of the Governor, the

Lieutenant Governor, and the Speaker of the House of

Representatives. Such summary shal I be pub I ished once each

week for three consecutive we e ks immediately preceding the

day of the general election at which such proposal is to be

submitted.

The language to be used in submitting a

proposed amendment or a new Constitution shal I be in such

words as the General Assembly may provide in the resolution

or, in the absence thereof, in such language as the Governor

may prescribe. A copy of the entire proposed amendment or

of a new Constitution shal I be filed in the office of the

judge of the probate court of each county and shal I be

available for public inspection; and the summary of the

proposal shal I so indicate. The General Assembly is hereby

authorized to provide by law for additional ma tters relative

to the pub I ication and distribution of proposed amendments

and summaries not in conflict with the provisions of this

Paragraph.

If such proposal is ratified by a majority of the

electors qua I ified to vote for members of the General

Assembly voting thereon in such general election, such

- 83 -

proposal shal I become a part of this Constitution or shal 1

become a new Constitution, as the case may be. Any proposal

so approved shal I take effect as provided in Paragraph VI of

this article. When more than one amendment is submitted at

the same time, they shal I be so submitted as to enable the

electors to vote on each amendment separately, provided that

one or more new articles or related changes in one or more

articles may be submitted as a single amendment.

Paragraph I I I. Repeal or amendment of proposal.

Any proposal by the General Assembly to amend this

Constitution or 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 to which each house is entitled in a rol I-cal I vote

entered on their respective journals, if such action is

taken at least two months prior to the date of the election

at which such proposal is to be submitted to the people.

Paragraph IV. Constitutional convention~ how

cal led. No convention of- the people shal I be cal led by the

General Assembly to amend this Constitution or to propose a

new Constitution, unless by the concurrence of two-thirds of

the members to which each house of the General Assembly is

entitled. The representation in said convention shal I be

based on population as near as practicable, A proposal by

the convention to amend this Constitution or for a new

Constitution shal I be advertised, submitted to, and ratified

by the people in the same manner provided for advertisement,

submission, and ratification of proposals to amend the

Constitution by the General Assembly. The General Assembly

is hereby authorized to provide the procedure by which a

convention is to be cal led and under which such convention

shal I operate and for other matters relative to such

constitutional convention.

Paragraph V. Veto not permitted. The Governor

,,'1:'

shal I not have the right to veto any proposal by the General Assembly or by a convention to amend this Constitution or to

'

provide a new Constitution. Paragraph VI. Effective date of amendments or of a

new Constitution. Unless the amendment or th~ new

Constitution itself or the resolution proposing the

amendment or the new Constitution shal I provide otherwise,

an amendment to this Constitution or a new Constitution

shal I become effective on the first day of January fol lowing

its ratification.

- 84 -

ARTICLE XI. MISCELLANEOUS PROVISIONS
SECTION I. MISCELLANEOUS PROVISIONS

Paragraph I. Continuation of officers, boards,

commissions. and authorities. (a) Except as otherwise

provided in this Constitution, the officers of the state and

all political subdivisions thereof in office on June 30,

1983, shal I 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.

(b) Al I boards, commissions, and authorities

specifically named in the Constitution of 1976 which are not

specifically named in this Constitution shal I remain as

statutory boards, commissions, and authorities; and all

constitutional and statutory provisions relating thereto in

force and effect on June 30, 1983, shal I remain in force and

effect as statutory law unless and unti I changed by the

General Assembly.

Paragraph II. Preservation of existing laws;

judicial review. All laws in force and effect on June 30,

1983, not inconsistent with this Constitution shal I remain

in force and effect; but such laws may be amended or

repealed and shal I be subject to judicial decision as to

their validity when passed and to any I imitations imposed by

their own terms.

Paragraph Ill. Proceedings of courts and

administrative tribunals confirmed. Al I judgments, decrees,

orders, and other proceedings of the several courts and

administrative tribunals of this state, heretofore made

within the I imits of their several jurisdictions, are hereby

ratified and affirmed, subject only to reversal or

modification in the manner provided by law.

Paragraph

IV.

Continuation of certain

constitutional amendments for a period of four years. (a)

The following amendments to the Constitutions of 1877, 1945,

and 1976 shal I continue in force and effect as part of this

Constitution until July 1, 1987, at which time said

amendments shal I be repealed and shal I be deleted as a part

of this Constitution unless any such amendment shal I be

specifically continued in force and effect without amendment

either by a local law enacted prior to July 1, 1987, with or

without a referendum as provided by law, or by an ordinance

or resolution duly adopted prior to July 1, 1987, by the

local governing authority in the manner provided for the

adoption of home rule amendments to its charter or local

act: (1) amendments to the Constitution of 1877 and the

Constitution of 1945 which were continued in force and

- 85 -

effect as a part of the Constitution of 1976 pursuant to the

provisions of Article XI I I, Section I, Paragraph I I of the

Constitution of 1976 which are in force and effect on the

effective date of this Constitution; (2) amendments to the

Constitution of 1976 which were ratified as general

amendments but which by their terms applied principally to a

particular political subdivision or subdivisions which are

in force and effect on the effective date of this

Constitution; (3) ame ndments to the Constitution of 1976

which were ratified not as general amendments which a re in

force and effect on the effective date of this Constitution;

and (4) amendments to the Constitution of 1976 of the type

provided for in the immediately preceding two subparagraphs

(2) and (3) of this Paragraph which were ratified at the

same time this Constitution was ratified.

(b) Any amendment which is continued in force and

effect after July 1, 1987, pursuant to the prov1s1ons of

subparagraph (a) of this Paragraph shal I be continued in

force and effect as a part of this Constitution, except that

such amendment may thereafter be repealed but may not be

amended.

( c) AI I Iaws enacted pursuant to those amendments

to the Constitution which are not continued in force and

effect pursuant to subparagraph (a) of this Paragraph shal I

be repealed on July 1, 1987. All laws validly enacted on,

before, or after July 1, 1987, and pursuant to the specific

authorization of an amendment continued in force and effect

pursuant to the prov1s1ons of subparagraph (a) of this

Paragraph shal I be legal, val id, and constitutional under

this Constitution. Nothing in this subparagraph (c) shat I

be construed to revive any law not in force and effect on

June 30, . 1987.

(d) Notwithstanding

the

provisions

of

subparagraphs (a) and (b), the following amendments to the

Constitutions of 1877 and 1945 shal I be continued in force

as a part of this Constitution: amendments to the

Constitution of 1877 and the Constitution of 1945 which

created or authorized the creation of metropolitan rapid

transit authorities, port authorities, and industrial areas

and which were continued in force as a part of the

Constitution of 1976 pursuant to the provisions of Article

XI I I, Section I, Paragraph I I of the Constitution of 1976

and which are in force on the effective date of this

Constitution.

Paragraph V.

Special

commission created.

Amendments to the Constitution of 1976 which were determined

to be general and which were submitted to and ratified by

the people of the entire state at the same time this

Const-i.t41tion was ratified shal I be incorporated and made a

- 86 -

part of this Constitution as provided in this Paragraph. There is hereby created a commission to be composed of the Governor, the President of the Senate, the Sp e aker of the House of Representatives, the Attorney Ge neral, and the Legislative Counsel, which is hereby authori z ed a nd directed to incorporate such amendments into this Constitution at the places deemed most appropriate to the commission. The commission sh a l I make only su c h changes in the l a nguage of this Constitution and of such amendments as are necessary to incorporate properly such ame ndments into this Constitution and shall complete its duties prior to July 1, 1983. The commission shal I de! iver to the Secretary of State this constitution with those amendments incorporated therein, and such document shal I be the Constitution of the State of Georgia. In order that the commission may perform its duties, this Paragraph shal I become effective as soon as it has been officially determined that this Constitution has been ratified. The commission shal I stand abolished upon the completion of its duties.
Paragraph VI. Effecti ve date. Except a s provided in Paragraph V of this secti on, this Constitution shall become effect.ive on July 1 , 198 3; and, e xcept as otherwise provided in this Constitution, al I previous Constitutions and al I amendments thereto shal I thereupon stand repealed.
Section 2. The above proposed new Con s titution of Georgia shal I be pub I ished and submitted as provided in Article XI I, Section I, Paragra ph I of th e Con s titution.
The ballot submitting the above propose d amendment shal I have written or printed thereon the fol lowing:
"( ) YES Sha I I the propo s ed new Constitution be ratified as the Constitution of the State
) NO of Georgia?" Al I persons desiring to vote in favor of ratifying the new Constitution shall vote "Yes." All persons desiring to vote against ratifying the new Constitution shal I vote "No." If such proposed new Constitution shal I be ratified as provided in said Paragraph of the Constitution, it shal I become the Constitution of the State of Georgia.
- 87 -

1976 constitution preamb Ie
Art . I, Se c . I, Par. I
Art. I, Sec . I, Par . I I
Art . I, Sec. I, Par. I I I
Art. I , Sec. I , Par. IV
Art. I, Sec . I, Par. V
Art. I, Sec . I, Par . VI
Art. I, Sec. I, Par. VI I
Art. I, Se c. I, Par. VI 11

CROSS-REFERENCE TABLE 1976 CONSTITUTION TO PROPOSED NEW CONSTITUTION

Propos e d New Constitution Pr e a mble
Ar t . I , Sec. I, Par. I
Art . I, Sec. I, Par. I 11
Art . I, Sec . I, Pa r . IV
Art . I , Sec.I, Par. V
Art.I, Se c . I, Par. VI 11
Art . I, Sec . I, Par. IX
Art. I, Sec. I, Pa r.X
Art. I, Sec . I, Pa rs.VI and XI (a) and Art . VI , Sec. I, Par. IV

Comment s Th e p ropo se d Pre a mbl e a dds th e phrase
" . .. and of the f amily ... " after the ph rase " ... ha ppine ss of th e
citi ze n . . . . "
No ch a ng e.
"Al I me n .. . " chang ed to "Eac h
pe r son . . .. "
1. Title to Pa ragra ph ha s bee n c ha ng e d f rom "Re l iHiou s Opini ons; Lib er ty of Con sc ie nce ' to "Re l iHio u s opinion s ; f reedom of re I ig ion . 1
2 . Within the provi s ion, th e t e rm "I ibe rty of c on sci e nce " ha s bee n changed to "free dom of religion."
1. Title to Para gra ph has bee n cha ng e d from "Libe rty of Speech or o f t he Press Gua ra nte e d" to "Free dom of speech and of the press gua ra nt eed."
2 . Within the provi s ion , "I ib e rty of s peech" has bee n c ha nged to "f reedom of speech"; and "a ny person" has been cha ng e d to "Every pe rson . "
No ch a nge.
Minor reorganization of sentence.
Title changed from "Attai nder; Ex Post Facto and Retroactive Laws , Et c ." to "Bi I I of attainder; ex post facto laws; and retroactive laws. "
1 . Ti t Ie changed from "Li be I Jury in Crimi na I Cases; New Tr ia Is I, to
"Libe I."
2. Proposed provision includes civi I a s we I I as c rim i na I I i be I . The present provision covers only prosecutions and indictme nts .
3. The p roposed provision includes a

- 88 -

1976
Constitution Art . I, Sec. I,
Par. IX
Art. I , Sec. I, Pa r.X
Art . I , Sec. I , Par. XI
Art . I, Sec.I, Par.XI I
Art. I, Sec. I, Par.XI I I
Art. I, Sec. I, Par.XIV
Art. I , Sec. I, Par . XV

Proposed New Constitution Art. I' Sec. I
Par.XI I
Art. I, Sec. I, Par. XI I I
Art. I, Sec. I, Pa rs.XIV and XI (a)
Art. I, Sec. I, Par.XV
Art. I, Sec. I, Par. XV I
Art. I , Sec. I , Par.XVI I
Art. I, Sec. I, Par. XVI I I

Comments
statement which effects truth as a complete defense. Proposed provision gives al I persons the right to either represen t themse lves in court or be represented by a n attorney. Present provision al low s both the attorney and the individual to present themselves as co-counsel in a case.
This change wi I I pre c lud e a person from asserting a con s titutional right to serve as co- counsel in one's own defense. Under this propo se d change, a person would s ti I I be able to serve as co - counsel but at the di scretion of the trial court rather than as a matter of constitutional right.
No change.
Proposed provision requires that a perso n accused of a crime must be furnished a copy of the accusation or indictment without dema nd.
Present provision requires that a person must demand a copy of th e accusation before it is furnished.
Proposed provision adds language to reinstate the historic e xception to the provision that permits suspension of the writ of habeas corpus when "in case of rebel I ion or invasion, the pub I ic safety may require it."
1. Title changed from "Crimination of Self Not Compel led" to "Se lf-
i nc rim i na t ion. "
2. Within the provi s ion, "criminate himself" has been changed to ''self-incriminating.''
No change .
Proposed provision prohibits double jeopardy except when a new trial has been granted after conviction or in case of mistrial.
Present provision prohibits double

- 89 -

a

-

1976 constitution

Proposed New Constitution

Comments

Art. I, Sec. I, Par. XV I
Art. I, Sec. I, Par.XVI I

Art. I, Sec . I, Par.XIX
Art. I, Sec. I, Par .XX

jeopardy except upon motion for a new trial or in case of mistrial.
Proposed provision changes the words "levying war aga,nst her" to the word "insurrect 10n."
No change.

Art. I , Sec. I, Par. XV I I I

Art.I, Sec . I, Par. XXI

Minor reorganization of sentence.

Art. I, Sec. I, Par.XIX

Art. I, Sec. I , Par.xx, 1

1. The word "slavery" has been deleted from the provision.

Art. I, Sec. I, Par. XX

Art. I, Sec. I, Par. XX I I I

2. Proposal authorizes the imposition of involuntary servitude as a punishment for contempt of court.
No change.

Art. I, Sec. I, Pa r.XXI
Art. I, Sec. I, Par.XXI I
Art.I, Sec.I, Par. XX I I I

Art. I, Sec. I , Par.XXIV
Art. I , Sec. -I , Par. XXV
Art. I, Sec. I, Par.XXVI

Proposed provision clarifies that this provision applies only to criminal cases.

Proposed p,rovision changes "the citizen' to ''a citizen. ''

1. Proposed provision gives every

person at least a $1,600.00 property

exemption from levy and sa le and

authorizes the General Assembly to

provide additional exemptions.

Present provision gives a $1,600.00

property exemption to certain

persons only, including eve~y ~ead

of a family, every aged or inform

oerson, and every person who has

11 the care and support of dependent

females of any age." 2. Proposed provision has ~eleted the

..

last sentence, stating: The laws

now of force with respect to the

exemptions provided herein shal I

remain in ful I force unti I changed

by law ."

Art. I. Sec. I. Par.XX1V

Art. I, Sec. I , Par.XXVI I

AI I Iaws cont i nue in force. See Art. XI , Sec. I , Pa r. I I .
1. Title chan~ed from "Wife's Separate Estate" to Spouse's separate estate."

2. Proposal provides for the separate

- 90 -

1976 Constitution
Art.I, Sec.I, Par. XXV
Art. I, Sec. I I, Par. I
Art . I, Sec , I I, Par. I I
Art . I, Sec.II, Par. 111
Art . I, Sec . I I, Par. IV
Art. I, Sec . I 1, Par. V

Proposed New Constitution
Art. I, Sec. I, Pa r.XXVI 11
Art. I, Sec. I I, Par. I
Art . I, Sec . I I, Par. I I
Art . l, Sec.I, Par . 11
Art. I, Sec. I I, Par. 111
Art.I, Sec.II, Par. VI

Comments
property of each spouse "except as otherwise provided by law." The present provision refers to the separate property of the wife .
3. Proposed provision de lete s statement which protects wife 's property from debts of her husband.
No change.
No change.
1. Title changed from "State Rights" to "Object of government."
2 . Proposal change s the words "inherent, sole and exclusive right" to ''inherent right.''
3. Proposal deletes the words "and the pol ice thereof."
4 . The phrase "Government is instituted for the protection, security, and benefit of the people;" added to proposed revision.
5. The proposed provision changes the phrase "and of altering and abolishing their Constitution whenever it may be necessary to their safety and happiness" to "and at al I times they have the right to alter or reform the same whenever the pub I ic good may require it."
1. Provision moved to Sec. I, Par. I I so as to fol low immediately the "due process clause."
2. Addition of the phrase: "No person shall be denied the equal protection of the laws."
Title changed from "Legislative, Judicial and Executive Powers, Separate1 to "Separation of legislative, judicial, and executive powers . "
1. Title changed from "Civi I Authority Superior to Mi I itary" to "Superiority of civi I authority . "
2. Proposal deletes the statement which prohibits the quartering of

- 91 -

1976 Constitution Art. I, Sec. I I ,
Par.VI Art. I, Sec. I I,
Par.VI I
No compa rab Ie provision
Art. I' Sec. I I' Par. VI I I
Art. I, Sec. I I, Par. IX
Art. I, Sec. I I, Par. X
Art. I, Sec. I I , Par.XI
Art. I, Sec. I I, Par. XI I
Art . I, Sec. I I, Par.XI I I

Proposed New Constitution Art . I, Sec. I I,
Par . IV Art. I I I , Sec.
VI , Par.lV(a) a nd IV( c )
Art . Ill , Sec . VI, Par. lV(b)
Art . I ' Se C I I ' Par. V
Ar t . I ' Se C. I ' Par. VI I
Art.I, Sec.II, Par . VI I
Art . I, Sec. I I , Par. VI I I
No compa rab Ie provision
No compa rab Ie provision

Comments soldiers in private homes . No change.
1. Title changed from "General Laws, Uniform Operation; How Varie d" to "Limitations on specia l legi s lation."
2. In propo se d Pa r . IV ( a ) , word s " . .. no s pec ial law ... " c ha nge d to " .. . no specia l or loc a l law .... "
3. Propos e d Par .lV( c) prohibit s a ny "special law re la ting to the r ight s of status of priva t e perso ns " f rom being enacted. Pre sent Art. I, Sec. I I, Par . VI I a I Iow s s pec ia I Ieg i s Ia ti on to affect private rights if consent is given by the affected persons in writing.
Propo se d Par . IV(b) prohibits "population bi I I s ," as Lh e General Asse mbly s ha ll de fin e by ge ne ra l law, from being enacted.
No change .
No chang e.
1. Title changed from " App ropri at ion s to Churc hes , Sects, Etc ., Fo rbidd e n" to "Separa tion of c hurch a nd sta t e. "
2. Propo sa l adds "c ult" to I ist of forbidd e n recipients and changes the t erm "de nomination of religionists" to "religious denomina tions . "
This Para graph i s covered by Ga. Co de Secs . 47-1001 through 47-1006 which p rov id e for the registration of lobby i sts and pena lti es for noncompliance and def ine what activi ti es are prohibited.
Th is Paragraph is cove re d by Ga. Code Ch . 26-17 on De ce pti ve Practices and in Ga. Code Ch. 8-4 on Attachme nt s against Fraudulent De btors.

- 92 -

1976 Constitution Art. I, Sec. I I I,
Par , I( 1. ) , first sentence Art. I Sec. I I I Par. I( 1.), second and th i rd sentences
No compa rab Ie provision
Art, I, Sec, 111, Par. I (2)
Art, I, Sec. I I I, Par. I I

Proposed New Constitution Art.I, Sec.Ill,
Par. I I Art. I Sec. I I I'
Par. I(a), l(b) and l(c)
Art.I, Sec.Ill, Par. I ( d)
Art.I, Sec.Ill, Pa r. I ( e ) and Art.Ill, Sec. VI , Par. I I ( b)
Art. I , Sec. '1I I , Par. I I I

Comments
Private ways may be ~ranted only upon just "and adequate compensation being first paid.
1. The proposal continues to gu a rantee that just and adequate compensation be first pa id except as otherwise in the Paragraph.
2 . The proposa I authori zes the Genera I Assembly to provide by law for prepayment by the condemner against adequate compensation as a condition precedent to the exercise of the right of eminent domain in a 11 cases. Under current law, the condemner is required to make such payment only under the "declaration of taking" method of condemnation used when private property is taken for "pub1 ic road and street purpose s " or for "pub I ic transportation purposes."
The proposed Para graph authori z es the Genera l Assembly to provide by law for the payment of reasonable expen-
ses, inc I ud i ng attorney I s fees, in-
cur red by the condemnee in determining just and adequate compensation .
1. The proposal authorizes the General Assembly to provide for relocation assistance to persons displaced by the exercise of the power of eminent domain. The present provisions on relocation as s istance are tied to the fede ra I "Uniform Re Ioca ti on Assistance and Real Property Acquisitions Policies Act of 1970"; the proposed revision broadens the authority of the Genera l Assembly to provide for such assistance where it might be deemed appropriate for persons displaced by government action.
2. A broad grant of authority for the Genera l Assembly to partic ipate in federal programs i s contained at proposed Art. I I I, Sec.VI, Par. I l(a) (3). Specific reference to the present Federal Relocation Assistance program is contained in proposed Art. I I I, Sec . VI, Pa r. I I ( b ) .
No change.

- 93 -

1976 Constitution
Art . I, Sec . IV, Par. I

Proposed New Con stitutio n
Art. I 1, Sec . I I, Par. IV

Commen t s
1 . Prov i s ion mo ved to A rt. I I .
2. Proposed prov i s ion deletes as transitional the fo l l ow in g: "On the d ate any such l aw becomes effect i ve, a I I I oca I I aws r e I at i ve to rec a I I sha I I stand repea I ed and no I oca I l aw relative to reca 11 sha 11 be enac t ed after suc h date."

Art . I 1, Sec. I, Par. I
Art.II , Sec. I, Par. I I

Art.II, Sec. I, Pars.I and II
Art.II, Sec. I , Par. I I

1. Title of Paragraph changed from "El ections by Bal lot; Reg i stratio n of Voters" to "Method of voting."
2. Proposal requires e l ections "by secret ba I lot" rather than merely "by ba I lot . "
3. Proposa I adds phrase " and sha 11 be cond ucted in accordance with procedures provided by l aw. "
4. Prop ose d Par. 11 provides that "th e Ge nera l Assemb l y sha l I provide by law for the registration of elec tors . " This requirement i s in present Par. I .
1. Tit l e changed from "Wh o Sha I I Be An E l ector Ent i t l ed to Regist_er and Vote" to " Right to reg i ster and
vote ."
2. Proposa l requires a person to be " a resident of Georgia as defined by l aw" in order to vote at any e l ec tion. Present prov i sion requ ires a person to be " a c i tize n of this Sta t e ."
3. Proeosa l gives voting r ight to person 'not d isenfranc hi sed by this art i cle . " Present provision g i ves voting right to person "not l abor ing under any of t he di sab i Ii t i es named in this artic l e and posse s sing the qualifications provided by it."
4 . Proposal requ i res voter to meet "minimum residency requireme nt s as provided by law . "
5. Proposal deletes the present provi-

- 94 -

1976 Constitution

Proposed New Constitution

Art. I I, Sec . I, Par. I I I
Art . II, Sec. II, Par. I

No compa rab Ie provision
Art. I I , Sec. I , Par. I I I and Art.II, Sec. I I , Par. I I I

Art. I I, Sec. I 1, Par. I I

Art. I I , Sec. I , Par. I I (in pa rt)

Comments
sion "that no soldier, sa i for or marine in the mili tary or naval services of the United States shal I acquire the rights of an elector by reason of being sta tioned on duty in this State ."
6. Registration of e lectors required to be provided for by law.
Literacy and "good c haracter" requirements are unenforcea bl e under the fede ra I Vat i ng Rights Act of 1965.
1. The proposal separates provi s ions dea I i ng with e I i g i bi I i ty to VO te and inel igibi I ity to hold office, while the pre sent provision includes voting and holding office require ments in one Paragraph .
2. Proposed Art.II, Sec. I, Par.Ill prohibits person s from vot ing who have (a ) "been convicted of a felony involving moral turpitude ... except upon comp letion of the se ntenc e " or (b) been "Judicially determined to be mentally incompetent . .. unless the di sa bi I i ty has be e n removed . " In addition to these, the present provision prohibits person s from voting who have been convicted of "treason aga inst the state, embezzlement of public funds , malfeasance in office, or bribery and larceny."
3. Proposed Art. I I, Sec. I I, Par . I I I prohibits a person from holding office who is not a re gistered voter, or who has been convicted of a felony involving moral turpitude (unless that person's civi I rights have been restored), or who is the holder of public funds i I legally .
Additional conditions of el igibi I ity for "persons holding offices or appointments of honor or trust othe r than elected offi ces created by this Constitution" also authorized . There is no such provision in the present a rt ic Ie.
1. Proposal delete s statement that "no person shal I be entit led to register and vote unless he shal I have re sided in the State at least thirty (30) days immediately preceding the

- 95 -

1976 constitution
Art. I I , Sec. II , Pa rs. I I I and IV
Art . II, Sec. I I I, Par. I
Art. I I , Sec. I I I, Par. 11
Art.II, Sec . Ill, Par.Ill
Art . II , Sec. Par . IV
Art. I I, Sec. I I I, Par. V

Propo sed New Constitution
Art. II, Sec. II, Par. I
No compa rab Ie provision
Art. I I, Sec . I I, Par. I I I (in pa rt)
Art.II, Sec. II , Par.Ill (i n pa rt)
Art , II , Sec. II , Par. I (in pa rt)
No compa ra b Ie provi sion

Comments
election at which he seeks to vote."
2. Propo sa l changes "durational residence requirements'' to ''minimum residency requirements." Durational residency requirements are unenforceable under the United States Constitution.
1. Title cha ng e d from "Aepeal From Decision of Registrars' to "Procedures to be provid ed by l aw."
2. Proposal requ i res that a method of a pp ealing a registration or vot in g decision be provid ed by law. Present provision sets out the method of appeal but only appea l s relative to present Art.II, Sec .I, Par.Ill.
The present language app li es only to a privilege from civi I arrest, but
c ivi I arrest no longer occurs in
Georgi a.
1. Proposal chang es the words "contrary to Iaw" to "i I Iega I Iy."
2. Proposal deletes the words "until the same is accounted for and paid in to the Treasury."
Proposa l a uthori zes "add itional conditions of el igibi I ity to hold office for eersons e l ected on a write-in vote' to be provided by law. Pres ent provision detai Is e l igibi I ity of write-in candidates.
Proposal requires that the General Ass embly provide by law for "a procedure whereby returns of a l I elections by the people s hal I be made to the Secretary of State." Present provision requires returns to be made to the Secretary of Sta t e in e lect ion s for civi I officers and members of the General Assembly unless otherwise provided by law .
Sales of a l coho li c beverages on e lec tion days are prohibited by Ga. Code Ann. Sec. 34-1937.

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1976 Constitution

Proposed New Constitution

Comments

Art.Ill, Sec.I, Par. I
Art.Ill, Sec. 11, Par . I
Art.Ill, Sec. I I, Par. I I
Art. I I I , Sec. I 11 , Par. I
Art. I I I, Sec.

Art. II I , Sec. I, Par. I
Art . I I I , Sec. I I , Pa rs. I ( a ) and I I
Art. I I I, Sec. I I, Par. I 11
(a)
Art.Ill, Sec. I I , Pa rs. I ( b) and I I
Art. I I I , Sec.

No change.
1. The phrase "not less than 54 nor more than 56 members" was c hanged to read "not more than 56 members."
2. Requires Senators to be e lected from single-member districts.
3. Proposal combines provisions on apportionment to encompass both the Senate and House of Representatives and states "The General Assembly .... "
4 . Propo sa l de letes the phrase "The General Assembly may create, rearrange, and change senatoria l districts as it deems proper" and sub st itutes "The General Assembly s ha l I apportion the Senate and House districts."
5. Addition of the phrase "Such districts shal I be composed of contiguous territory."
Qua I ifications for Senator wi I I be : 25 years of age, state cit izenship for two years, and leg a l residence in district for one year.
1. The phrase "shal I consist of not fewer than 180 Representat ives" was added so as to set a floor on the number of Representatives where none now exists.
2. Proposal combines provisions on apportionment to encompass both the Senate a nd House of Representatives and states "The General Assembly . ... "
3. Proposa I deletes the phrase "The General As se mbly may create, rearrange and change Representative districts as it deems proper" and substitutes "The General Assembly s hal I apportion the Senate and House districts."
Minor reorganization of sentence.

- 97 -

1976 Constitution
111, Par. I I
Art.Ill, Sec. IV, Par. I

Proposed New Constitution
I I, Par. I I I
( b)
Art.Ill, Sec. I I I, Par. I

Art.Ill, Sec. IV, Par. I I

Art . I I I , Sec . 111, Par . 11

Art.Ill, Sec. IV, Par. I I I

Art.Ill, Sec. I I I, Par. I I I and Art.Ill, Sec. IV, Pa r. IV

Art. I I I , Sec. V, Par. I

Art.Ill, Sec. I I, Par. V( a )

Art. I I I, Sec.V, Par. I I

Art.Ill, Sec. II, Par.V(c)

Art . I I I , Sec. V, Art.Ill, Sec.

Comments
1 . Essentially an editorial revision of this provision.
2. Proposal deletes the phrase which provides that, in the event the President Pro Tempore becomes President, either in session or not in session, the "senate shal I elect a President Pro Tempore viva voce" as being an inherent power.
3. Proposal deletes the "viva voce" requirement in the vote for the President Pro Tempore, to be covered by the proposed Sec. IV, Par.X.
4. Last sentence of present paragraph deleted as transitional language.
Proposal deletes tlie phrase relative to "viva voce" vote for Speaker and Speaker Pro Tempore, to be covered by proposed Sec. IV, Par.X.
2. Proposa I provides that Speaker Pro Tempore shal I become Speaker rather than act as Speaker in the event or vacancy in that office unti I an election ror Speaker is held as provided in the rules of the House.
1. Deletion or reference to President or the Senate, Speaker of the House, President Pro Tempore and Speaker Pro Tempore as being redundant and unnecessary.
2. Proposed Sec. IV, Par. IV al lows each house to provide for its employees.
1. Addition of the phrase "shal I be elected by the qua I ified electors of their respective districts."
2. Members to serve for two-year terms and unti I the time fixed for the convening of the next Genera I Assembly.
First election for members of the General Assembly under this Constitution to take place in November, 1984. (Effective date of Constitution is July 1, 1983.)
1 . Deletes the phrase: "Al I business

- 98 -

1976 Constitution
Par. I 11
Art. I 11, Sec. V, Par. IV
Art. 111, Sec.V, Par. V
Art. 111, Sec. V, Par . VI
Art. I I I, Sec.V, Par. VI I

Proposed New Constitution
IV, Par. I ( a) and ( c)
Art. I I I, Sec. IV, Par. 11
Art. I I I, Sec. IV, Par. 11 I
Art.Ill, Sec. IV, Par. I ( b)
Art.Ill, Sec. 11, Par. IV

Comments
pending in the Senate or the House of Representatives at the time of adjourn ment of any regular session may be considered at any regular session of the same Genera l Assem bly, as if there had been no adjournment authority" as inherent.
2. Authorizes the General Assembly to provide by law for a different date of convening than the second Monday in. January of each year.
3. Provides that "By concurrent resolution, the General Assembly may ad journ any regular session to such date as it may fix for reconv e ning . "
4. Provisions relative to specia l sessions of the Genera l Assemb ly are provided for at proposed Art.V, Sec . I I , Par. VI I.
5. Provision was made for the House to adjourn and for the Senate to rem a in in session if an impeachment trial is pending at the end of any session.
Proposal deletes the pre scribed oath and provides that the oath "or affirmation" i s to be provided for by law.
1. Phrase "to which each house is ent itled" added for clarity.
2 . Phrase "as each House may provide" deleted.
1. Provision added al lowing the Governor to adjourn both houses for not more than ten days after the thirtieth day of any session "if the resolution to adjourn is not adopted by both houses at the end of the legis lative day on which adjourn ment was ca I led for in the resolution ."
2. Provision added al lowing either house to adjourn not more than twice fol lowing the fifth day of a special session for not more than seven days.
1. Tit Ie of Paragraph changed from "El igibi I ity; Appointments Forbidden" to "Disqualifi cations."
2. Mi I itary service disqualification

- 99 -

1976
Constitution

Proposed New Constitution

Art.Ill, Sec.V, Par. VI I I

Art.Ill, Sec. IV, Par. V

Art. I I I, Sec . V, Par. IX

Art.Ill, Sec. IV, Par.VI

Art.Ill, Sec.V, Par. X
Art.Ill, Sec.V, Par.XI
Art. I I I, Sec. V, Par.XI I

A rt. I I I , Sec. IV, Par.VI I
Art. I I I , Sec. IV, Par. VI 11
Art.Ill, Sec. IV , Par. IX

Art. II I , Sec. V, Par.XI I I

Art.Ill, Sec. IV, Par. X

No compa rab Ie provision

Art. I I I ' Sec. IV, Par.XI

Art.Ill, Sec.

Art.Ill, Sec.

Comments changed to prohibit any person on active duty with any branch of the armed forces of the United States from serving in the General Assembly unless otherwise provided by law. 3. Deletion of the prohibition against a "defaulter for public money or for any legal taxes required of him" from serving in the Genera l Assembly. Clarification. "His removal from the district" chan9ed to state "removal of such members legal residence from the district .... " Prohibition against member s of the Genera I Assembly increasing their sa lary during the term to which elected; reference to "al lowances" deleted. No change.
No change.
1. Privilege or the members of the General Assembly ex tended to committee meetings as wel I as sessions.
2. Deletion of the crime of larceny from the e xceptions to this privilege as being encompassed within the term "felony."
1. "Viva voce vote" changed to 11 recorded vote."
2. " ... and the vote sha l I appear on the Journal of the House of Repre sentatives" changed to" .. . on the respective journal of each house."
3. Provision deleted providing for the holding of jo in t meetings in the Representative Ha 11 and requiring the President of the Senate to preside at such meetings.
The sessions of the General As s embly and al I standing committee meetings thereof requ ired to be open to the pub I ic unless otherwise provided by rule of either house.
"Al I persons who sha 11 have been or

- 100 -

1976 Constitution
VI , Par. I Art . I I I' Sec.
VI, Par. I I Art. I I I , Sec.
VI, Par. I I I
Art. I I I, Sec. VI I, Pa rs. I and I I
Art.Ill, Sec. VI I, Par. 11 I

Proposed New Constitution
VI I, Par. I Art. I I I ' Sec.
VI I, Par. I I Art.Ill, Sec.
VI I, ra r, I 11
Art.Ill, Sec.V, Par. I
Art . I I I, Sec.V, Pa rs.VI I and VI 11

Comments
may be in office" changed to "any execut ive or judicial officer of this state or any me mb er of the General Assembly."
1. Title changed to "Trial of imp eac hment s."
2. " ... two-thirds of the members present" changed to "two-thirds of the members to which the Senate i s en ti t I ed."
1 . Consequences of a judgment of impeachment extended to prohibit the receipt of a state pension.
2. " ... but the party convicted sha l I nevertheless, be I iable, and s ubject, to indictment, trial, judgment, and punishment, accord ing to law" changed to " .. .. but no such judgment sha I I re Ii eve a ny party from any c rim i na I or c iv i I I iab i Ii ty," thus extending potent ia I Ii abi I ity to civi I as wel I as criminal suits.
1. Consolidation of provisions .
2. Addition of a phrase that the original journals sha ll be the "sole official records" of the proceedings of each house.
1. The proposal distinguishes between genera I and Ioca I bi I Is re Iat i ve to the reading thereof before pa ssage .
2. Proposal requires that only the title to every general bi I I be read on the third reading unless the enti re bi II is ordered to be read by the presiding officer or by a majority of the members voting thereon.
3. Proposal provides tha t the "General Assembly may provide by law for the procedure for considering Ioca I Iegi s Iat ion ," but requires that the title to each local bi I I be read at lea st once before it is voted on and that it not be voted on prior to the second day fol lowing the day of introduction.
ti . Proposal requires proposed constitutional amendments to be read in

- 101 -

1976
consti tution Art.Ill, Sec.
VI I, Par. IV Art. I I I, Sec.
VII, Pars . V and VI
Art . I I I, Sec. VI I , Par. VI I
Art. I I I, Sec. VI I , Par. VI I I
Art. 111, Sec . VI I, Par. IX
Art. I I I , Sec . VI I, Par. X
Art . I I I , Sec . VI I , Par.XI
No compa ra ble provision
Art.Ill, Sec. VI I' Pa r.XI I
Art.Ill , Sec. VI 11, Par. I

Proposed New Consti tut ion Art. Ill, Sec.V,
Par. I I I Ar t.Ill , Sec.V,
Par . VI
Art. I I I, Sec. V, Par. V
Art. I I I, Sec. V, Par. I I
Art. I I I , Sec. V, Par. IX
Art.Ill, Sec .V, Pa rs . X and XI I
Art. I I 1, Sec. V, Par .X I
Art.Ill, Sec.V, Par.XIV
Art.Ill , Sec .V, Par. IV
Art. I I I , Sec . VI, Par. I

Comments
the same manner as genera I bi I l s .
The word "l aw" changed to "bi 11."
1 . The requirement that one - fifth of the members pre sent order a rol Ical I vote a nd the yeas and nays be entered on the Journal changed to al low the presiding officer to order this or to al low e ither house by ru le to reduce the number of votes needed to require it.
2. Addition of provision requiring a rol 1- ca l I vote on any bi 11 appropr iating money. This provi sion is present ly found in Art . I I I, Sec . X, Par . 11 .
Change " of a l I the members e lected to c ac ti house" to " a I I the members to which each house i s entitled."
Deletion of the phrase "but the Senate may propose, or concur in amend ment s, as in other bi I Is " as being unnec e ssary and inherent in the legislative proces s .
Noti ce of intention to introduce loca l legis lation required to be adverti sed as provided "by law." Presently, the notice requirements are se t forth in the Const i tut ion in deta i I.
Prohibition against the s ub seq uent proposa I of rejected bi I Is a t the same regu lar session expanded to include specia l sessio ns as wel I.
Deletion of the phrase " a nd in case of prolongation of a session of the Ge neral Assembly."
New authorization for the General Assemb ly t o provide by law for the joint sponsors hip of bi I Is and resolu tions .
" . . . the law t o be amended or re pealed . . . " changed to" .. . the law or Code section to be a mended or repea Ied .... "
Restatement of the "genera l powers" provision to emphasize, by use of

- 102 -

1976 Constitution
Art. I I I , Sec. VI I I, Pa rs. I I and 11 I
Art. I I I , Sec. VI I I, Par.
I I IA
Art. I 11, Sec. VI I I, Par. IV
Art.Ill, Sec. VI I I, Par. V
Art. I I I, Sec. VI I I , Pa r , VI
Art.Ill, Sec. VI I I, Par.VI I
Art.Ill, Sec. VIII, Par, VI 11
Art. I I I, Sec.

Proposed New Constitution
Art. I I I , Sec. VI, Par. I 11
Art.Ill, Sec . VI , Par. I I (a)
( 1)
No compa rab Ie provision
Art. I I I , Sec . VI, Par.V(a)
Art. I I I, Sec. VI, Par, V(b)
Art. I I I , Sec. VI, Par.VI (a)
Art.Ill, Sec. VI, Par.V(c)
Art, I I I , Sec.

Comments
the double negative "not inconsistent," that the Constitution is a power-I imiting document rather than a power-granting document and that the Genera I Assembly has a 11 those powers not specifically I imited by the Constitution.
Deletion of the specific reference to the exercise of the right of eminent domain and of the pol ice power, those powers being inherent unless I im i ted.
No change.
Provision deleted as unnecessary, to be provided for by law.
1. Deletion of provisions relative to changing election precincts, es tab1ishing bridges or fe rries, and changing names of legitimate chi 1dren as antiquated and unneces sa ry.
2. Power of the General Assembly to grant "incorporation to private per-
sons" I imited; manner of incorpora -
tion to be provided for by general law.
1. Ed i tori a I rev i s ion of Par.VI .
2 . Word "remit" changed to "forgive" for c Ia r i ty.
3 . Effective date of the 1945 Constitution specifically stated.
Deletion of provision as unnecessary. Any obi igation due the state and not required to be paid, including relief of "principals or securities upon forfeited recognizance," would be a gratuity and specifical.ly prohibited by Art. I I I, Sec.VI, Par.VI
(a).
1. Restatement of this prohibition.
2. Deletion of the provision authorizing the General Assembly to enact appropriate legislation as inherent and unnecessary.
Deletion of provisions relative to

- 103 -

1976 Constitution
VI I I , Pa rs. IX and X
Art.Ill, Sec. VI I I ' Par.XI
Art.Ill, Sec. VI I I , Pa r. XI I
Art. I I I , Sec. IX, Pars.I through V
Art.Ill, Sec. IX, Par.VI
Art. 111, Sec.X, Par. I
Art.Ill, Sec.X, Par. 11
Art.Ill, Sec.X, par. I I I
Art.Ill, Sec.X, Par. IV
Art.Ill, Sec.X, Par.V(a), V(b), and V(c)
Art. 111, Sec.X,

Proposed New Constitution VI, Par.V(d)
No compa rab I e provision
Art. I I I , Sec. VI, Par.VI
Art.Ill, Sec. VI I I , Pa rs. I and I I
Art.Ill, Sec. IX, Par.Vl(C)
Art.Ill, Sec. IX, Par. I
Art.Ill, Sec.V, Par. VI
Art.Ill, Sec. IX, Par. I I
A rt. I I I , Sec. IX, Par. I I I
Art. I I I , Sec. IX, Par. IV
A rt. I I I , Sec.

Comments
regulation of pub I ic uti I ities since such matters are within the jurisdiction of the Pub I ic Service Commission as provided by law. See Art. IV, Sec. I, Par. I. Present I imitation on General Assembly's power to regulate or fix charges of pub I ic uti Iities owned or operated by a county or municipality retained at proposed Sec.VI , Pa r. V ( d ) .
Deletion of provision relative to construction of "street ra i lways 11 within municipal corporate I imits as antiquated and unnecessary .
1. Editorial revision of this Paragraph.
2. Al I legislation enacted pursuant to the current ex ceptions carried forward by reference.
1. Detailed provisions relative to the regulation of insurance deleted, to be provided for by law.
2. Reference to "Comptroller Genera 111 chan~ed to "Commissioner of Insurance for clarity.
Editor i a I revision of this provision.
No change.
Editorial revision of this Paragraph.
Provision added in proposed Sec. IX, Par. I l(b) authorizing the General Assembly to appropriate federal funds. Unanticipated federal funds wi I I be automatically appropriated for the purposes authorized and directed by the federal government in making the grant, as presently.
No change.
No change.
See note for Art. I I I, Sec.X, Par. I I I

- 104 -

1976 Constitution
Par.V(d) Art.Ill, Sec.X,
Par. V(e)
Art.Ill, Sec.X, Par. VI
Art.Ill , Sec.X, Par. VI I
No c ompa rab I e provi s ion
Art.Ill, Sec.X, Par . VI I I
A rt. I I I Sec. XI, Pars. I through IV
No comparable provision
Art.Ill, Sec. XI I, Par. I

Proposed Ne'w Constitution
I X, Par.ll(b) Art.VII, Sec.
IV, Par. IV
Art. I I I , Sec. I X, Par. V
Art.Ill, Sec. I X, Par.VI
Art.Ill, Sec. I X, Par.Vl(e)
Art.Ill, Sec. I X, Par.VI I
Art . Ill, Sec. VI' Par . I I (a) ( 2)
Art. I I I, Sec . VI , Par. I I (a) ( 3)
Art. I I I ' Sec. VI, Par . I I (a) ( 4)

Comments
of present Co n st itution.
De l et i on of this p rov i s io n. Lease purchase contracts of the type provided for in present Art. 111, Sec.X, Par.V(e) are no longer permitted.
No change.
No c ha ng e from pre se nt provision, but t'wo other exceptions to the "no earmark in g " requirement 'were mo ved to this sect ion a nd Paragraph. Proposed Par. Vl( c ), r e l ating to Subsequent Injury Workme n' s Co mp ensat ion Trus t Fund , 'was mo ved f ro m pr ese nt Art. 111, Sec. I X, Par. VI and propo se d Par.Vl(d), relating to earmarking of pena I t ies for prosecutoria I training, 'was mo ved from present Art.VI I , Sec . I I , Par. I I I .
Ne'w exce ption to th e "no earmarking " r eq uiremen t added , a l lowing the Gen era l Assembl y, by a three-fifth s ' vote, to earmark ta xes on alcohol for prevention, education, and trea tme nt rel a ting to alcohol and drug abu se.
Minor editorial revi s ion.
Editorial revision of sect ion . Organizat ion and compe nsat ion of mi I it i a to be p rovided for by l a'w . Di sc iP I i ne of mi I it i a to be provided for by la'w a nd by order of the Governor acting in his capacity as commander in chief.
Ne'w broad authorization for the Ge ne ral Assembl y to participate in fede ra I programs.
Editori a l revis ion of sect ion. Spe cific authority for suspension of a ll constitutional l egi s l at i ve rules during an emergency caused by ene my a ttack retained ; a l I other matters re l a ting to such eme rgen c ies to be provided for by la'w.

- 105 -

1976 constitution

Proposed New Constitution

Comments

Art. IV, Sec . I, Par. I
Art. IV, Sec. I I , Par. 1.

Art. IV, Sec. I, Par. I and Art. IV, Sec. VI I, Pa rs. I and I I
Art.IV, Sec .II, Pars. I and I I; Art. IV , Sec.V I I, Par. I; andArt.V, Sec . I I , Pa r. VI I I (a)

1. Editoria l revision of sec tion.
2. Qua I ifications, compensat ion, re mo va l from office, and powers and duties of board members to be provided for by law.
1. Qua I ifications, compensation, and remova l from office of board members to be provided for by law.
2. Deletion of the provision which prohibits the Governor from being a member of the board.
3. Addition of the term "execut ive c lemency" to the provision providing for the powers of the boa rd, to specify the hoard's exc lus ive Jurisdiction in this area.
4. General Assembly authorized to prohibit the Board of Pardons and Paroles from granting and to prescribe the terms and conditions for the board's granting a pardon or parole (1) to any person incarcerated for a second or subsequent time for any offense for which such pe rson could have been sentenced to I ife imprisonme nt and ( 2 ) to any person who has received consecutive I ife sentenc es as the result of offenses occurring during the same ser ies of acts.
5. Transfer of the power of the Governor to suspend a sentence of death pending board review to the bo ard and vesting that power in the chairman of the board or any other member designated by the board.
6. Provision added authorizing the board to pardon any person convicted of a crime who i s subsequent ly determined to be innocent of that
crime .
7. Vacancies to be filled by the Governor for the unexpired term unless otherwise provided by law.

- 106 -

1976 Constitution
Art. IV , Sec . I I I, Par. I
Art , IV , Sec . IV, Par. I
Art . IV , Sec.V, Par . I

Proposed New Constitution
Art.XI, Sec.I, Par. I ( b)
Art. IV, Sec.VI, Par. I; Art . IV , Sec .VI I , Pa rs . I and 11; and Art. V, Sec. 11, Par.VI I I (a)
Art . IV, Sec.V, Par . I; Art. IV, Sec. VI I, Pars. I and I I; and Art. V, Sec. 11, Pa r. VI I I ( a )

Comments
8. Deletion of the I imit at ions on the board' s power to act in cases of impeachment and treason.
9. De letion of the requirement that the board act on al I applications within 90 days and by majority vote as unnecessary and properly covered by rules of the board .
10. Deletion of the duty of the board to report to the General Asse mbly al I actions taken and the reasons therefor .
11. Deletion of the provision provi ding that the boa rd may make a I I rules and regulations as may be authorized by law.
12. Del et ion of the provision providing that the General Assembly may enact laws in aid of the board' s powers.
Board of Offender Rehabi I itation to continue as a s tatutory rather than as a constitutional board.
1. Editorial revision of section.
2. Qua I ifications, c ompen sa tion, re moval from offi ce, and powers and duties of board members to be provided for by law.
3. Vacancies to be fi ll ed by the Governor for the une xp ired term unless otherwise provided by law.
1. Editorial revision of sec tion .
2. Name of th e executive officer of the department cha ng ed from director to commissioner.
3. Addition of the phra se "me mbers sha l I serve unti I their successors are appointed and qua I ified."
4. Qua I ifications, compensatio n, re moval from office, and powers and duties of board members to be provided for by law.
5. Vacancies to be fi I led by the Governor for the unexpired term

- 107 -

1976 constitution

Proposed New Constitution

Art. IV, Sec.VI, Par. I

Art . IV, Sec . I I I, Par. I; Art.V, Sec. I I, Pa rs. I and I I; and Art.V, Sec. I I, Par. VI I I Ia )

Art . IV, Sec.VI, Par. I I

Art. IV, Sec. I I I, Par. I I

Art. IV, Sec. VI I, Par. I
Art. IV, Sec. VI I, Par. I I

Art .X I, Sec . I, Par. I ( b)
Art.Ill , Sec . VI' Par. I I
(a) ( 5)

Comments
unless otherwise provid e d by law.
1. Editorial revision of Paragraph.
2. Deletion of provi sion abolishing old board as transitional language which is no longer nee ded.
3. Deletion of phrase "fitness and demonstrated abi I ity" as being e ncompassed within the phrase "on the basis of merit as provided by I aw."
4. Deletion of the provision providing for the fir s t appointments which eff ectuated the staggered term concept as being transitional and no longer necessary.
5. Deletion of the provi sion providing for a two-term I imitation on the members of the board .
6. Phrase "No sta te official or e mP I oyee s ti a I I be a memb er of the Board" c ha nged to "A member of the board may not be e mploye d in any other capacity in sta t e government."
7. Qua lifi cat ion s , compensation, removal from office, and powers and duties of board members to be provided for by law .
8. Vacan c i es to be fi I le d by th e Governor for the unexpired term unless oth e rwi se provided by law .
1. Veterans preference to continue to be given in civi I serv ice programs esta bli s hed in state government. Veterans preference in loca l c ivi I service syste ms left to the di scre tion of each Ioca I po Ii ti ca I s ubdivision.
2. Specific reference to "Korea n Conflict" deleted as e ncompa ssed with in the term "armed conflict."
Board of Industry and Tra de to continue as a statutory rather than as a constitutional board.
Specific authorization for this type of activity continued at Art. I I I, Sec.VI , Pa r. I I ( a ) ( 5) .

- 108 -

1976 Constitution Art. IV, Sec.
VI I I, Par. I
Art. IV, Sec. VI 11, Par. IJ
/
Art. IV, Sec . VI 11, Par. 11 I
Art. IV, Sec. VI 11, Par. IV

Proposed New Constitution Art. IV, Sec. IV,
Par . I and Art. IV, Sec. VI I, Pa rs. I and I I
Art. I I I' Sec. VI, Par. I I (a)(6) and
I I ( b)
Art.Ill, Sec. VI , Pa r. I I ( b)
No compa rab Ie provision

Comments 1. Editor ia I revision of Paragraph . 2. Qua I ifications, compen s ation,
manner of e lection, fi I I ing of vacancies, removal from office, and powers and duties of board members to be provided for by law. Ex isting authorization carried forward by reference and new a uthori z ation added to al low for regulation of outdoor advertising along interstate and primary highways. Spec i f ic authorization ca r r ied fo rwa rd by reference. Provision deleted as transitional and unnecessary.

Art.V, Sec.I, Par. I
Art.V, Sec. I, Par. I I

Art.V, Sec.I, Par. I and Art. V, Sec. I I , Par. I
Art.V, Sec. I, Par. I I

1. Prese nt provision spea ks of "executive powers"; Rroposed provi s ion speaks of the 'chief executive powers."
2. Present and proposed provisions a l low Governors to succeed themselves for one four-year t e rm. Present provision prohibits Governors who have succeeded them s e l ves from ever again holding the office of Governor; proposed provision al low s Governors who have succeeded themselves to serve again after the expiration of four years . Note that if the separate constitutional question proposing to prohibit future Governors from succeeding themse lves is approved at the same time the new Constitution is approv ed, it wi 11 be incorporated into the new Constitution at Art.V, Sec.I, Par.I.
3. Deletion of present prov ision prohibiting Governor from receiving any emolument from the United States, or from any state, or from any foreign power.
First election for Governor under proposed new Constitution to be held in November, 1986. (Effective date of new Constitution is July 1, 1983.)

- 109 -

1976 constitution Art. V, Sec. I ,
Par. I I I Art. V, Sec. I ,
Par. IV
Art.V, Sec .I, Par. V
Art. V' Sec. I ' Par. VI
Art.V, Sec. I, Par. VI I
Art.V, Sec. I, Par. VI I I

Proposed New Constitution No comparable
provision Art. I 1, Sec. I I,
Par. I I
No compa rab Ie provision
Art.V, Sec. I, Par. I I I
Art.V, Sec. I, Par. IV
Art.V, Sec. I, Par. V

Comments
These matters are presently provided for by statute . See Ga. Code Ann. Secs . 34-1508(a) and 34-1509(a).
Provisions relative to run-off e lections are provided for by statute. See Ga. Code Ann. Sec. 34-15:3(b). See a Iso Art. I I, Sec. I I , Par. I I .
Provision deleted as an inherent power of the General Assembly and unnecessary.
The Lieut enant Governor may be given executive duties as prescribed by the Governor a nd as prescribed by law not inconsistent with the powers of the Governor. Present provision acknowledges only legislat ive duti es of the Lieutenant Governor.
Present provision states that an el igible person must be a "citizen" of Georgia. Proposed provision states that eligible pP.rson must be a "legal resident" of Georgia.
1. Proposed provision distinguishes betwe e n ''temporary'' and ''permnnent'' disabi I ity. Pre se nt provision only speaks to "disability."
2. Proposed provision empowers the Lieutenant Governor, in case of the temporary di sa bi I i ty of tho Governor, to act as Governor unti I the temporary disabi I ity ends .
3. Proposed provision a l lows the Lieutenant Governor, in case of the Governor's death, resignation, or permanent disabi I ity, to become Governor unti I the next general e lection . If death, resignation, or permanent disabi I ity occurs within 30 days of the ne xt genera I election, or if term wi I I exp i re within 90 days a fte r nex t general e lect ion, Lieutenant Governor becomes Governor for unexpire d term. Under proposal, no person i s to be elected or appointed to office of Lieutenant Governor if Li eutenant Governor becomes Governor for the unexpired term.
4. Present provision provides for a spec ia l election for a Governor

- 110 -

1976 Constitution

Proposed New Constitution

Comments

within 60 days from the date of the Speaker's assuming the Governor's duties. Proposed provision provides for a special election within 90 days.

Art.V, Sec.I, Par. IX

Art.V, Sec.I, Par. VI

1. Present provision requires only the Governor to take an oath; proposed provision requires this of the Governor and the Lieutenant Governor.

2. Present provision includes the oath; proposed provision provides that the oath "or affirmation" is to be prescribed by law.

Art.V, Sec.II, Par. I

Art .V, Sec.I I, Par. I I I

Present Rrovisfon nam es the ''army,'' "navy,' and "mi I itia . " Propo se d provision states 11 rni1itary forces."

Art.V, Sec. II, Par. I I

Art.V, Sec.I I, Par. 11 and Art . IV, Sec. 11 , Par. I I ( e)

1. The Governor's law enforce me nt powers moved to a rno re prominent position.
2. The power to suspend th e execut ion of a death sentence unti I the ful I Board of Pardons and Paroles has had an opportunity to hear the app I icat ion of the convicted person for any relief within the power of the board tran s ferred to the chairman of the board or any other member designated by the board.

Art . V, Sec. I I,

Art.V, Sec.II,

1. No change regarding writs of e lec-

I

Par. 111

ij

Pars.V, VI, and VII and Art.Ill, Sec. IV, Par.VI

tion. See Sec . II , Par.V. 2. Proposed Sec. I I, Par.VI authorizes
the Governor to give information at

the beginning of each regular ses-

sion.

3. Present provision refers to "extra o rd i nary" session; proposed Sec. I I, Par.Vll(a) refers to "special" session and al lows the Governor to amend his proclamation convening such session either prior to the session or with three-fifths' membership approval during the session.

4. Present provision I im its length of special session to 70 days, while proposed provision I imits special session to 40 days. See Sec . I I, Par.VI I( C )

5. Present provision provides that in

- 111 -

1976 constitution
Art.V, Sec.II, Par. IV
Art.V, Sec.II, Par. V

Proposed New Constitution
Art.V, Sec.II, Pa r. VI I I ( a )
Art.V, Sec. I I, Par. IX

Comments
case of pending impeachment trial, the General Assembly shal I remain in special session until such trial is completed. Propo sed provi sion provides in such case that only the Senate sha 11 remain in spec ia I sess ion. See Sec. I I Pa r. VI I ( C )
6. Proposed Sec .II, Par.Vll(b) requires a copy of certified opinion of emergency be delivered to the Secretary of State. Present prov ision requires Governor to convene General Assembly within five days of receipt of such certificate; otherwise the General Asse mbly may convene itself in special sess ion. Proposed provision gives the Governor three days to convene the General Assembly before it can convene itse If.
7. Present provi s ion limit s a se lfconvened, special sess ion to 30 days in length. Und er proposed revision, all special sessions are limited to 40 days unless extended by three fifths' vote of each house and ap proved by the Governor or unless an impeachment trial is in progress .
8. Present provision al low s memb ers of the Genera l Asse mbly to receive the same compensation during s pecial session as provid e d by l aw during regular session. Prop,osed provi s ion makes no mention of 'compen sa tion and allowances" during special sessions. "Sa Ia r ies a re to be provided by Iaw." See Art . I I I, Sec. IV, Par. VI .
1. Present provision refers to "any office"; proposed provision "any pub I ic office."
2. Present provision states that any person appointed to a vacant office shal I continue unti I a successor is commissioned . Proposed provision states that any person appointed to a vacant office shal I serve for the unexpired term unl ess otherwise provided by the Constitution or by 1aw.
Present provision prohibits any person whose confirmation is rejected by the Senate from being reappointed bY

- 112 -

1976 Constitution Art.V, Sec. I I,
Par. VI

Proposed New Constitution Art . V, Sec . I I ,
Par. IV and Art.Ill, Sec. V, Par.XI I I

Comments
the Governor during the same session or recess thereafter . Proposed provision prohibits Governor from re nominating rejected nominee for at Ieast one year.
1. This provision provides for the Governor's power to rev iew bi I Is or re so lutions a nd the right to veto, approve, or t a ke no action on such bil Is and reso luti ons. Al I spec ifi cs relating to the Governor's veto power were transferred to Art. I I I, Sec. V, Pa r . XI I I .
2. The Governor has six days from the date of receiving the bil I to approve or veto the bi I I or resolution; presently, he ha s five days, exc luding Sundays.
3. If the General Assembly adjourns sine die or for more th a n 40 days prior to the expiration of the s ix day s, then the Governor has 40 days from the date of adjournment to ap prove or veto the bi I I. Presently, the Governor has 30 days , Sundays e xcepted.
4. Present provision for "I ine item" veto in appropriation bi 11 is retained at proposed Art. I I I, Sec.V, Par.XI I I ( e) .
5. A bi I I or resolution can be trans mitted to the Governor upon order of two-thirds of the membe rship of each house or upon request of the Governor. Presently, a bill is transmitted to the Governor only upon the request of the Governor. Al s o, local bi I Is required by the Constitution to be approved in a referendum must be sent to the Governor immediately when ordered by the pre s iding officer or upon order of two-thirds' of the membership of the house wherein it originated.
6 . The Governor has the duty to trans mit any vetoed bi I I to the pres iding officer of the house of origin within three days from the date of veto if the General Assembly is in ses sion. If the Genera I Assemb Iy is not in session, the Governor must transmit any vetoed bi I I to the presiding

- 113 -

1976 constitution
Art . V, Sec. I I, Par . VI I
Art. V, Sec. I .I, Par. VI 11, Sentence 1

Proposed New Constitution
Art.V, Sec.II, Par. IV and Art. I I I , Sec. V, Par.XI
Art.V, Sec. I I, Pa r.X

Comments
officer within 60 days rather than 35 days, Sundays exce pted.
7 . A bi I I or resolution which has been vetoed during the last three days of the session and not cons idered for the purpose of overriding the veto can be considered for that purpose at any time during t he next sess ion. Presently, such bi I Is and resolutions which are vetoed after ad journment can be considered for override only during the first ten days of the next regular sess ion.
8. The vote required to override a veto has been restated to provide that such vote be by "two-thirds of the me mber s to which suc h hou se is e ntitled" instead of "two-third s of the vote of such Branch."
9. During sessions of the General Assembly, any vetoed bi 11 or resolution may be ac ted upon immediate ly af t er the transmission of the same to the appropriate house for t he purpose of overriding the veto. Deleted from the propo sed provision is the ma ndate th at it s tia 11 be th e duty of the presiding officer "upon receiving such Bi I I to dispense with all busine ss that is then being considered and to then and there consider and ac t upon such Bi II for th e purpose of overriding the action of the Governor."
10. Deletion of the present constitut iona I I imitation on the Ieg is Iat ive right to override vetoes fol lowing the next gene ral election for Governor.
1. Succinct statement of Governor's veto power and General Assembly 's power to override the veto by a twothi rds' vote.
2. The Governor has no power to veto proposed amendments to the Constitution or propo sa ls for a new Constitution.
Present provision refers to "department heads and al I state employees." Proposed provision refers to "al I other officers and employees of the

- 114 -

1976 Constitution Art. V, Sec. I I,
Par. VI I I, Sentence 2 Art.V, Sec. I I 1, Par. I
Art.V, Sec.Ill, Par. I I
Art . V, Sec. 111 , Par. I 11
Art .V, Sec.Ill, Par. IV

Proposed New Constitution No compa rab Ie
provision Art.V, Sec. Ill ,
Par. I and Art. V, Sec. I I, Par.V I I I
( b)
Art.V, Sec . I I I, Par. I I I
No compa rab Ie provision
Art. V, Sec. I I I , Par. I I

Comments

executive branch."

Provision deleted as an unnecessary infringement on the separation of powers between the legislative and executive branches.

1. The name of the Comptro ll er General changed to ''Co111missioner of Insurance" for clarity.

2. Deletion of the provisions relative
to tran s mission, tabu lation, and canvassing of e lection returns .

3. Deletion of the phrase "and they

shal I be commissioned by the Gover-

nor."



4. Present provision states that they "shal I hold their offi ces for the same time as the Governor." Proposed provision states that they " shal I hold their offices for the same term as the Governor."

5. Present provision states that the other elected executive officers shal I be e lected "in the same manner as the Governor." Proposed provision states that these officers sha 11 be elected "in the manner prescribed for the election of the members of the General Assembly."

6. Vacancies in these offices to be filled pursuant to Art.V, Sec .II, Par.VI I I ( b) unt i I the next genera I e lection .

E,jitorial revision of Paragraph .

Provision deleted, to be provided for by law .
1. Present provision requires a candi date to "have resided in Georgia for six years." Proposed provision requires a candidate to "have been a legal resident of Georgia for four years."
2. Present provision requires a candidate to be at least 25 years of age when elected . Proposed provision requires a candidate to be at least 25 years of age by the date of assuming

- 115 -

1976 constitution

Proposed New Constitution

Art.V, Sec.Ill, Par. V
Art.v, Sec. I I 1, Par.VI

No compa rab Ie provision
No compa rab Ie provision

Art.V, Sec. IV, Par. I

Art.V, Sec. IV

Comments
office .
3. Proposed provision requires elected constitutional executive officers to take an oath as prescribed by law. There is no such oath requirement in the present Constitution.
4. Persons serving as Attorney Genera l must have been active status members of state bar for seven years, as presently.
Provision deleted , to be provided for by law .
Provision deleted as more properly covered by statute . Ga. Code Sec . 40-701 presently provides that the Secretary of State shal I keep the great seal and provides a description of the great seal. Ga. Code Sec. qo-702 gives the Governor the power to authorize use of the great sea I.
1. The e lected constitutiona l exe cutive officers are I isted as the Governor, Liel1tenant Governor, Secretary of State, Attorney Genera l, State School Superintendent, Commissioner of Insurance, Commis si oner of Agriculture, and Commissioner of Labor.
2. The present provi si on speaks of "permanent phy sica l or mental disabi I ity." The proposed provisions speak of a "physical or mental disabi Ii ty."
3. Present provision requires any physician who gives testimony to be in private practice and not be employed in any capacity by State, federal, or loca l government. Proposed provision only require s any physician who gives testimony to be in private practice.
4. Present provision provides that during the period of temporary disabi I ity, the powers of such office shal I be exercised as provided by the Constitution or by law. Proposed provision provides for the powers of such office to be exercised as provided by law.
- 116 -

1976 constitution

Proposed New Constitution

Comments

Art.VI, Sec. I, Par. I

Art. VI, Sec. I, Par. I

Art.VI, Sec. I, Par. I I

Art . VI, Sec. I, Pars .II and VI I and Art. VI, Sec. IX, Par. I

Art.VI, Sec. I I, Pa rs. I and I I

Art.VI, Sec.VI, Par. I

1. The proposed Par . I vests the judicial power exclusively in those courts enumera ted . It also permits the General Assembly to establish municipal courts and to authorize administrative agencies to exercise quasi-judicial power, which courts and agencies are not subject to the Ar-t.VI provisions.
2. Municipal c ourts wi I I have jurisdiction over ordina nce violations and will have such othe r jurisdiction as provided by law .
3. County recorder's courts and civi I courts in e x istence on June 30, 1983, wi I I not be subject to the provisions of the article.
1. Proposed Sec.I, Par.V II allows the General Assembly to abolish, create, consolidate, or modify judicial circuits and courts a nd judgeships; present provision I imits scope of term "administration" so as not to include abolition or creation of courts or judges.
2. Proposed Sec. IX, Par. I provid es for the administration of the judicial system as prov ided in that Paragraph and al lows the Supreme Court, with the advice and consent of the affected classes of trial courts, to promulgate uniform court rules and record-keeping rules. In the present Paragraph, the administration of the judicial system "shal I be as provided by law."
1. Proposed Sec.VI, Par. I provides for a Supreme Court compose d of not more than nine Justices. Present Sec. I I, Par . I provides for a Supreme Court composed of seven associate Justices.
2 . The proposed Paragraph requires a majority of the court to hear and determine cases. The present Paragraph simply states that "a majority of the court shal I constitute a

- 117 -

1976 constitution
Art.VI' Sec. I I'
111
Art.VI , Sec. I I , Par. IV

Proposed New Constitution
Art.VI, Sec. VI I , Pa rs. I , II I, and IV and Art.II, Sec. I J , Pa r. I
Art.VI, Sec.VI, Pa rs. I I, I I I, and V; Art. VI, Sec. I, Par.VI I I; and Art.VI , Sec. V, Par. V

Comments
quorum."
3. Proposed Sec.VI, Par. I, sentence three, enables a substitute judge to be chosen by the remaining Justices in the event any Justice is disqualified . Present Sec. 11, Par. 11 requi res that the substitute judge be from the superior court. The present Paragraph provides for the selection of substitute judges in case al I the Justices are disqualified; no suc h provision in proposed Paragraph.
1. Present and proposed Paragraphs provide for six-year terms. Proposed Paragraph provides for nonpartisan election, while pre sent Paragraph provides for election in the sa me manner as for members of the Genera l Assembly.
2. Present ancl propos ed provision s requi re that vacancies be fi I led by appo intn1cr1t of tl1c G<>vernor.
3. In propo se d Sec.VI I, Par. IV, the
appointee is to serve unti I January
1 after the ne xt genera l e ln ction which is more tlwn six months after such person's appointment. There is no such six -month provision in th e present article.
1. Reference to "the superior courts and the city courts of Atlanta and Savannah as e x isted on August 16, 1916, and such other I ike courts as have been or may hereafter be estab1ished in other cities" deleted.
2. Under the proposed provision, Supreme Court has exclusive appe llate jurisdiction in cases of election contests; otherwise, jurisdiction of court the same under present and proposed provisions.
3 . In the proposed revision, any court may transfer a case to the appropri a te court. In the present provision, only the Supreme Court or Court of Appeals may transfer -a case to the appropriate court.
4 . Under proposed revision, review of al I cases is to be as provided by law.

- 118 -

1976 Constitution Art . VI, Sec. I I,
Par. V
Art.VI, Sec. 11 , Par. VI
Art . VI , Sec.II, Par. VI I
Art . VI, Sec. I I, Par. VI I I

Proposed New Constitution Art.VI, Sec.IX,
Par. I I
No compa rab Ie provision
Art.VI , Sec.VI, Par. I, Sentence 2
Art.VI, Sec.V; Art.VI, Sec. VI, Par.VI; and Art.VI, Sec. VI I, Pa rs . I through V

Comments
Proposed revision cont inu es but s implifies provisions regarding the time I imit for di sposition of appe l1ate cases.
Present Sec. I I, Par.VI, regarding withholding judgment for a term, de leted .
Propo sed revi s ion provides that cases must be heard and de termined by a majority.
1. In the proposed revision, th e Cou rt of Appeals is to consist of "not less tha n nine judges ." In the present provision, the Court of Appeals consists of "not less than three judges."
2 . Present and propo sed Paragraphs provide for si x-year terms. Propo sed revision provides for nonparti sa n e lection, while present provision provides for e le ction in the s ame manner as that of Supreme Court.
3 . Proposed revision requires that va ca nci es be fi I led by appointment of the Governor . Presen t provision requires that vacancies be f i I led in the same manner as for Supreme Court.
4 . Reference to "the superior courts and the City Courts of Atlanta a nd Savannah as they existe d on Augu st 19, 1916 , and such other I ike courts as hav e been or may hereafter be es t a blished in other c ities" del eted .
5. Prese nt provis ion provides that laws as to qua I ifica tion s , salaries, etc., of member s of Supreme Court will apply e qu a lly to members of the Court of Appeals. Proposed prov ision deals with Supreme Court and Court of Appeals separately.
6 . Proposed revision s tates that Supreme court decision s are to bind al I other courts. Present provi sion states Supreme Court decisions are to bind Court of Appeals.
7 . Proposed revision enables Court of Appeals to sit in panels of not less than three Judges. Present provision

- 119 -

1976 Constitution

Proposed New Constitution

Art.VI, Sec. I I, Par. IX

No compa rab Ie provi sion

Art.VI, Sec. I I I, Par. I

Art.VI, Sec. I, Pars.Ill, VI, and VII and Art.VI , Sec. V11, Par. I

Art.VI, Sec. I I I' Par. I I
Art.VI, Sec. I I I, Par. I 11

Art.VI, Sec. VI I, Par. I
Art.VI , Sec. VI I, Pars. I, 111, and IV

Art.VI, Sec. IV, Par. I

Art.VI, Sec. IV, Par. I

Comments
provides for the Court of Appeals to sit as a body unless otherwi se provided by the Genera l Assemb ly.
8. Present a nd propo se d provisions provide for transfer of cases to Supreme Court if there is an equal division in the Court of Appeals.
Court of Appeals wi I I exercise appellate and certiorari jurisdiction in al I cases not reserved to the Supreme Court or conferred on other courts by law. Appeals from juven il e cases wi I I be treated in the same manner, as presently.
1. Present and proposed prov isions provide for four-year terms except for Atlanta Judicial Circuit, which is prese ntly eight years. Proposed revision provides for nonpartisa n election for four-year terms for al I superior and state court judges.
2. Proposed revision permits a qua Iified judge to act in any court with the consent of the courts involved and under rules established by law . The present Paragrap h permit s a superior court judge to act in other circuits when authorized by law.
3. Present and proposed provisions permit the General Assembly to add or subtract courts and circuits and judgeships.
Proposed revision provides for nonpartisan elections and deletes the p rocedu ra I de ta i Is reg a rd i ng when the election is to be held.
In the proposed revision, a successor is to be elected at the next general e lection which is held more than six months after a vacancy is fi I l ed. In the present Paragraph, a successor is to be elected at the next genera l e lection which is held more than 30 days after the vacancy occurs.
1. In the proposed revision, superior courts are to have exclusive jurisdiction over trials in felony cases except in the case of juvenile offenders as provided by law. The present Paragraph gives superior

- 120 -

1976 Constitution

Preposed New Constitution

Art.VI, Sec. IV, Par. I I

Art.VI, Sec. I, Par. IV

Art. VI, Sec. IV, Par. I I I

Art.VI, Sec. IV, Par. I

Art.VI, Sec. IV, Par. IV
Art.VI, Sec. IV, Par. V
Art.VI, Sec. IV, Par. VI

Art.VI, Sec. IV, Par. I
Art .VI, Sec. I, Par. IV
Art.VI, Sec. I, Par. IV

Art.VI , Sec. IV, Par. VI I
Art.VI, Sec. IV, Par. VI 11
Art.VI, Sec. IV, Pa rs. IX and X

Art.I, Sec.I,
Par .X I (a)
Art.VI, Sec. I,
Par. VI
Art.VI, Sec . I, Par. I I I

Comments courts jurisdiction in "criminal cases where the offender is subjected to loss of I ife or confinement in the penitentiary." 2. In the proposed revision, the juvenile court wi II handle juvenile matters if there is a juvenile court in the circuit; otherwise, jurisdiction wi 11 be in the superior court. The proposed revision grants each court the ~uthority to exercise such powers as necessary to aid its jurisdiction and judgments. The present provision gives the General Assembly the power to grant such authority to the courts. The proposed revision grants superior courts jurisdiction in al I cases except as otherwise provided in the Constitution. The present provision grants superior courts jurisdiction in al I civi I cases e xce pt as otherwise provided in the Constitution. Appel late jurisdiction of the superior courts may be provided by law, either alone or by circuit or district . Reference to writs of certi orari in superior courts deleted, to be provided for by law. The proposed revision al lows for new trials on legal grounds to be granted by superior and state courts and "other courts of record."
Editorial revision.
Ed i tori a I rev i s ion.
In the proposed revision, a qua I ified judge can sit in another court, provided that both courts consent, under rules prescribed by law. In the present provisions , the General Assembly can provide for the appointment of a substitute judge and, in counties with city or state court judges, the superior court judge can preside in either court if the state or city court judge is disqualified.

- 121 -

1976 constitution Art.VI, Sec. IV,
Par. XI Art.VI, Sec.V,
Par. I
Art. VI, Sec. VI, Par . I
Art.VI, Sec.VI, Par. 11
Art.VI, Sec.VI, Par. 111
Art . VI , Sec. VI , Par. IV
Art.VI , Sec. VI I, Par. I

Proposed New Constitution Art.VI, Sec. I,
Par. I and Art.VI, Sec. X, Par.1(5)
Art. I, Sec. I I , Par. IX
Art. VI, Sec. I, Pa rs. I and VI; see a I so Art. IX, Sec. I, Par. I I I
Art.VI, Sec. 111, Par. I; see also Art. IX, Sec. I. Par, I I I
Art.VI , Sec. VI I, Par. I; see a Iso Art. IX, Sec. I, Par. I I I
No compa rab Ie provision
Art. VI, Sec.X, Par. I ( 6); Art. VI, Sec. I, Pa rs. I, VI, and VI I; Art.VI, Sec. VI I Pa rs . I ' 11, a nd V; and Art.VI, Sec. IX, Par. I

Comments
Municipal courts continue with the s ame jurisdiction they have on the day before the effective date of the new Constitution and can have such further jurisdiction as provided by law .
Authority for the creation of a s tate court of claims was deleted; but the sovereign immunity of the state was preserved at proposed Art. I, Sec. 11, Par. IX. This immunity may be waived
. by statute. Note that if the s eparate constitutional question rela ting to sovereign immunity is ap proved at the same time the new Constitution is approved, it wil l be incorporated into the new Con s titution at Art.I , Sec.II, Par.lX(a).
Both the present and proposed provisions provide for a probate court in each county. Appel late jurisdiction of the superior courts is to be provided for by law.
The proposed revision gives the probate court such jurisdiction as sha 11 be provided by law "without regard to uniformity." Al I oth e r classes of courts are required to have uniform jurisdiction within two years from the effective date of the Constitution, i.e., by July 1, 1985.
Proposed Art.IX, Sec.I, Par.Ill delineates the probate judge s as one of the elected "county officers" and provides for their election for four-year terms.
Deleted as transitional and unnecessary.
1, The proposed revision changes the name of justice of the peace courts to magistrate courts.
2. The proposed revision requires each county to have at least one magistrate court. The present provision requires one justice of the peace court in each mi I itia district unless otherwise provided by the General Assembly.
3. The proposed revision drops the four-year term provision and states

- 122 -

1976 Constitution
Art . VI, Sec. VI I, Par. 11
Art . VI , Sec . VI I, Par. I 11
Art. VI, Sec. VI I I , Par. I
Art.VI, Sec. IX, Par. I

Proposed New Constitution
Art. VI, Sec. I, Par. V and Art.VI, Sec. I I I, Par. I
Art.VI , Sec. VI I , Pa rs. I , VII, and VIII
No compa rab Ie provision
Art . VI, Sec. I, Par. V

Comments
that "other" judges sha l I continue to be selected in the manner and for the term they were se lecte d on June 30, 1983, unti I otherwise provided by Ioca I Iaw.
~. The proposed revision permits the General Assembly to abolish, create, modify, or consolidate any court or judgeship, except that a 11 judges continue in office at least unti I the end of their term.
5. Rules of practice and proced0re of magistrate courts to be uniform within two years of effect i ve date of Constitution (i. e., by July 1, 1985), as provided by law.
6. Uniform court rules and record keeping rules to be promulgated by Supreme Court, with advice and consent of magistrate courts, within two yea rs.
7. Magistrate judges to have such qua I ification s, compensation, and allowances as provid ed by law.
1. Jurisdiction of magistrate courts to be uni form within two yea rs (i.e. , by July 1, 1985), as provided by law .
2. Appel late jurisdiction of super ior courts to be provid ed for by law.
1. Magistrate judges to cont inue to be se lected in the manner and fo r the term provid e d on June 30, 1983, unti I otherwise provided by loca l law.
2. Proposed revision provides that courts of each class shal I have uniform di scip line of judges. Present provision regarding "removal on conviction for ma lpra ctice" deleted.
Notaries pub I ic to be provided for by law .
The proposed revision mandates that, except as otherwise provided in the Constitution, courts of each class shat I, within two years of the eff ec tive date of the Constitution ( i . e. , by Ju Iy 1 , 1985). have uni -

- 123 -

1976
constitution
Art.VI, Sec.X, Par. I
Art.VI, Sec.X, Par. I I
Art.VI, Sec.XI, Par. I
Art.VI , Sec.XI , Par. 11
No comparable provision
Art.VI, Sec.XI, Par. I I I
Art.VI, Sec. XI I, Par. I
Art.VI, Sec. XII, Par.II
Art.VI, Sec. XI 11, Par. I

Proposed New Constitution
Art.V, Sec.Ill, Par. I
Art. V, Sec. I I I , Pars.Ill and IV
Art.VI, Sec. VI 11, Par. I
(a)
Art.VI, Sec. VI I I, Par. I
( d)
Art.VI ' Sec. VI I I, Par. I
( e)
No compa rab Ie provision
Art.VI, Sec. VI I, Par. V and Art. VI, Sec. VI I I, Par. I ( C)
Art.VI , Sec. VI I I, Par. I
( C)
Art.VI, Sec. VI I, Par. 11; Art. VI, Sec. VI I I, Par. I

Comments form jurisdiction, powers, rules of practice and procedure, selection, qua I ifications, terms, and discipline of judges. Municipal courts are exempted from this mandate. The present provision mandates that, except as otherwise provided in the Constitution, courts of each class shall have uniform jurisdiction, powers, and "proceedings and practice." State courts and city courts are exempted from this mandate. Editorial revision.
Editor ia I revision .
Edi tori a I revision.
District attorneys to represent the state in a 11 crimina I cases in the superior court and in al I cases appealed from the superior court and the juvenile court to the Supreme Court and Court of Appeals.
Under proposed revision, district attorneys wi I I enjoy immunity from private suit for actions arising from the performance of their duties.
Deleted as transitional and unnecessary.
1. Judges and district attorneys wi I I receive such compensation and al lowa nee s as provided by Iaw; Ioca I county supplements are continued.
2. Specific reference to compensation of Uie judge of the Superior Court of Richmond County deleted.
Compensation and allowances of district attorneys to be provided by Iaw; Ioca I county supp Iements continued.
1 . . The proposed revision requires appellate and superior court judges to have been admitted to practice law for seven years and state and juven-

- 124 -

1976 Constitution
Art . VI , Sec. XI I I, Par. I I
Art .VI, Sec . XI I I, Par. I I I
(a)
Art. VI, Sec. XI I I, Par. I I I
( b)
Art.VI, Sec . XIV, Par. I
Art . VI , Sec. XIV, Par. 11
Art . VI, Sec. XIV , Pa r. I I I
Art.VI , Sec . XIV, Par. IV

Propo se d New Constitution
( b) ; and Art . V, Sec. I 11, Par. I I
Art.VI, Sec .I , Pa r . I I I
Art . VI , Sec. VI I , Par .VI
Art.VI, Sec . VI I , Pa rs . VI I and VI I I
Art.VI, Sec. I I, Par. I
Art.VI, Sec . I I, Par. I I
Art.VI, Sec . I I, Par. I I I
Art.VI, Sec. I I, Par. IV

Comments
i le court judges for five yea r s . Probate a nd mag i s trate judge s wi 11 have s uch qu a I ifi cat ion s as provided by law. The p rese nt pro vis ion re qu ires jud ges o f the Supreme Cou rt, court of Appeals, and s uperior courts to be 30 years of age, citize ns of Georgia for three years, and law pra ct itioners for seven yea rs.
2. Qua I ifications of the Attorney Ge nera l are in proposed Art.V, Sec .Ill , Par. I I.
The proposed Paragrap h a uth orizes a qua I ifi ed judge to pres id e in any court upon th e re quest a nd consen t of the judges of the courts in vo lve d. Th e proposed rev i s ion in c lud es se nior judges in it s de finition of " Judges." Th e i,resent Paragraph states th at judges eme ritu s of th e Supreme Co u rt, Court of Appea l s , and superior court s are el igible to pres id e in those court s under met hods prescribe d by the Genera l Assembly.
Composition of the comm i ss ion remai ns th e sa me; hut method of se lection, term , c omp ensatio n , and other orga niza tion a l and procedura l matters are to be provi ded for by law .
1 . The proposed rev i sion a dd s one ground for removal: for conv iction of a c rime invol v ing mora l turpitud e.
2. Th e proposed revision s tates that the Supre me Court shal I ado pt ru l es of imp le me nt a tion. The pre se nt prov i s ion detai Is the procedure for removal or di sc ipline of a judge.
Di vorce cases to be " tried" in th e approp riate county. Present provis ion s t a te s th at suc h cases mu st be "brought" in such county.
No change.
No change.
Addition of "Joint tort-feaso rs" to this I ist of "Joint ob i igors, co -

- 125 -

1976 constitution
Art.VI, Sec. XIV , Par. V
Art.VI , Sec. XIV, Par . VI
No compa rab Ie provision
Art. VI, Sec. XIV, Par.VI I
Art.VI, Sec.XV, Par. I
Art.VI, Sec . XV, Pa rs. I I and
111
Art.VI, Sec. XVI, Par. I
Art.VI, Sec.
xv I. Par. I I

Proposed New Constitution Art.VI, Sec. II ,
Par. V Art.VI, Sec .II,
Par. VI Art.VI, Sec.II,
Par.VI I Art.VI , Sec. I I ,
Par. VI I I Art.I, Sec .I,
Pa r. XI ( a ) and XI ( b) Art.I, Sec. I, Par .X I ( C) Art.VI, Sec. I, Par. VI I
No compa rab Ie
provision

Comments
partners, etc ."
Suits against makers and endorsers to be "tried" rather than "brought" in appropriate county.
Venue as to corporations, foreign and domestic, to be as provided by law; otherwise, no change.
General Assembly authorized to provide for venue of third-party defendants in counties other than the county of residence of such defendants.
No change.
General Assembly authorized to provide for tria I juries of not less than s i x per s ons in courts of I imi ted jurisdiction and in superior courts in misdemeanor cases.
Qua Ii f ications and compe,:isa ti on of grand jurors and trial jurors to be provided for by law.
The proposed rev ision enables the Genera l Assembly to abo li sh, create, or modify any court . The present provis ion enab le s the General Ass embly to abtil ish any court not spec ificall y mentioned in present Sec . I of Art. VI.
Deleted as unnecessary .

Art.VI I, Sec. I, Par. I
Art.VII, Sec. I, Par. I I
Art .VI I, Sec. I , Par. I I I

Art.VII, Sec.I, Par. I
Art.V II , Sec .I , Par. I I
Art . VI I, Sec . I, Par . I I I(a), I I I ( b), and I I I ( d) and Art. IX, Sec.

Precato ry language relative to the right of ta xation being "a sovereign right ... belonging to the people in a 11 republican governments ... " deleted a s unnecessary.
Editor ia I revision.
1. Proposed Par. I I I(a), I I I( b), and I I l(d) represent no substantive change from the provisions contained in the fir s t, second, third, and fifth unnumbered subparagraphs of

- 126 -

1976 Constitution
No compa rab Ie provision
Art.VII , Sec.I, Par. IV

Propo se d New Constitution
IV' Pa r. I ( C )
Art.VI I, Sec. I, Par. 11 I ( C)
Art . VI I , Sec. I I, Pa rs. I through IV

Comments
the present Par.Ill.
2 . Deleted from the first and second unnumb ered s ubp aragraphs of th e present Par. I I I as unne cessa ry is the descriptive la nguage " and to e nact legis lation ... to prevent .. . escaping paym ent of their fair share of ad valorem ta xes ... . "
3. The authori ze d clas s ifi cations of prope rty at the propo sed Par.11 l(b) ( 2 )(A) and (B) are modified by the precatory language in I I l(b)( 2 ) in order to eliminate duplication of la nguage; no change in present auth ori zed c lasses of property.
4. Added to the proposed Par. I I l(d) was the term "as sessed percentage" in I ieu of the term "ba sis" to modify "value."
5. The authori za tion for ta xa tion of I ife insurance companies by the state or counties on the basi s of gross direct premiums in t he fifth unnumbered s ubparagraph of present Par. I I I was changed to "insurance companies" and moved to Art. IX, Sec. IV , Par. I ( C).
New author i zat ion for ta xation of ta ngible real property devoted to bona fide agricultural purposes at 75 percent of the value which other tangible real property is assessed. Tax break I imited to 2,000 acres for any s ingle property owner. General Assemb ly must provide for definition of "bona fide agricu ltural purposes" and establish add itional conditions for el igibi I ity.
1. The provi sio ns relative to "Exemptions from Ta xa tion," with a few ex ceptions, have been omitted from the constitution. An entire ly new constitutional scheme for granting property ta x e xemptions by law has been included. The present exemption s have been grandfathered in as statutory law . See propo sed Sec. I I, Par. IV.
2. Proposed Par . ll(a)(l) provides a method of granting property ta x exemptions by law approved by two-

- 127 -

1976 constitution Art.VII, Sec.
I I, Par. I

Proposed New Constitution Art.VII, Sec.
I I I, Par. I (a)

Comments
thirds of the members of the General Assembly and a majority of the people voting in a referendum.
3. Proposed Par. II (a )(2) provides a method of granting local homestead exemptions by local law subject to approval in a local referendum.
4. Proposed Par. II (a)( 3) authorizes laws granting exempt ion s enacted pursuant to the methods provided in Par.ll(a) to originate in either the House or the Senate.
5. Proposed Par.ll(a)(4) authorizes the codification or recodification of existing or subsequently enacted exemptions without the need for a re fe rend um.
6. Proposed Par. 11 ( b) authori zes the General Assembly to prescribe condi-
tions, I imitations, and administra-
tive procedures for the grant of an exemption.
7. Proposed Par. 11 I (a) cont i moos the authority of loca l governments to grant ''frccport'' e xemptions, with a substant ia I reduction in Ianguage. The deleted language wi 11 be pro vided for by statute pursuant to the authorization contained in Par. I II
(a) ( 3).
8. Proposed Par. 111 (b) continues the exemption relative to solar energy heating or cooling systems unti I July 1, 1986.
9. Proposed Par. IV requires that any reduction or repeal of any homestead exemption or of any exemption granted to re I ig i ou s or bur ia I grounds or in stitutions of purely pub I ic charity be approved by a two-thirds' vote of each house.
1. The enumerated purposes of taxation were deleted, to be provided by law; and ex i st ing purposes were incorporated by reference as being continuing val id purposes of taxation.
2. The phrase "Except as otherwise provided in this Constitution" was added to ensure that the gratuities

- 128 -

1976 Constitut ion
No comp a rab Ie provision
Art.VII , Sec. I I, Pa r . I I
Art . VII , Sec . I I, Par . I 11
Art.VI I, Sec. 11, Par. IV
Art.VI I, Sec. I I , Pa r. V
Art.VII, Sec . 11 I, Par. I
Art.VI I, Sec. I 11, Par. I (a)
Art . VI I, Sec . 111, Par. I ( b)
Art.VII, Sec,

Proposed New Constitution
Ar t. VII, Sec. I I I, Par. I ( b)
Ar t. VII , Sec. I I I , Par . I I
( b)
Art.VI I, Sec . I I I, Par. I I (a ); see a Iso Art . Ill , Sec. IX, Par.Vl(d)
Art . VII, Sec. 111 , Par . I I I
No compa rab Ie provision
Art.VI I, Sec. IV, Pa rs. I through V
Art . VI I, Sec. IV, Par. I ( a )
Art.VI I, Sec. IV, Par. I ( b)
Art . VII, Sec .

Comments
prohibition would sta nd on i ts own.
3. The phrase "for the fo l lowing purposes only" was de lete d a nd the phrase "for any purpose authori zed by law" was substituted in I i e u thereof.
New au tho r i zation for Genera l As se mbly to provide by law for grant s for tax re li ef purposes to person s for sa les tax pa id on prescr ipti on drug s.
Su b sta nti a l reduct ion in la ngu age with de let ions to be provided for by statute .
1. Phrase a dd ed: "E xcept as otherw i se provided in this Constitution," so as not to conflict with Art. 111 , Sec. IX, Par.VI.
2. Phra se " and sha 11 be appropriated there from ... a nd for these purpo ses only" de le t ed as unnecessary.
3. Unnumb ere d subparagrap h in present Sec. 11, Par. 111 was moved to Art. 111, Sec. IX, Par.Vl(d) as another excep tion to the " no ear -mar ki ng " requ irement .
1. Editorial revisio n of present provision .
2. Aut ho r ization for grants of state fund s extended to count ies as wel I as municipali t ies.
Provision relative to t he creat ion of indu str ial developme nt commis s ion de leted .
The s tate de bt pro v i s ions we re reorganized to faci I i tate an eas ier reading of the sect ion .
Thi s Paragraph was res tated in t he po sit ive, thus permitting the de le tion of the in t roductory phrase: "The Sta t e may incur" in present Par.l(a), (b) , ( c ), a nd (d) of Sec . I 11; o t herwi se, no c hang e.
Ed ito ria l revision.
1 . This provi si on was the subjec t of a

- 129 -

1976 constitution
111, Par. I ( C)

Proposed New
Constitution
IV' Pa r. I ( C ) ' through ( e), Pa rs . I I through IV

Comments
substant ial amount of structura l revision and includes a few substan tive changes.

2. Proposed Par. I (c) restates the current purposes for which general ob I igati on debt may be incurred and authorizes its incurrence. The reference to an amendment adopted at a
specific point in time was deleted, but the date of that amendment's adoption was included.

3. Proposed Par. I (d) co ntinues forward a new provision approved at the 1980 general election.

4. Proposed Par. l(e) restates the current purposes for whid1 guaranteed revenue debt may be incurred and author i zes its incurrence. Proposed Par. l(e)(5) was substituted in I ieu
of the phrase: "to make or purchase, or l end or deposit against tho se-
curity of, loans to citizens ... for educational purposes."

5. Proposed Par. I I is a restatement of the current I imitations on the incurrence or genera I obi igation and guaranteed revenue debt .

6. Propo sed Par.ll(a) i sa restatement

of the current definition of "annual

debt

service

r

e

q

u

i

re

n

1

e

r

1

t

s

1 '

within

the meaning of proposed Pars. I I and

111 .

7. Proposed Par.ll(b) isa restatement of the current fiscal limitations on the i ncu rrence of either genera I obI igation or guaranteed revenue debt, with one major substantive change: the highest aggregate annua l debt service requirements for the current or any subsequent year, including the debt service requi rernent or the proposed debt and certain contrac tua I ob Ii ga ti ons, cannot exceed 10 percent of the total revenue receipts, le ss refunds ; The present Cons titution provides for a 15 percent debt I imi t.

8. Proposed Par. I l(c) I imit s the term of general obi igation debt incurred under Par. I ( c) and I ( d) to 25 yea rs.

- 130 -

1976 Constitution

Proposed New Constitution

Comments
There is no such I imit in the present Constitution.
9. Proposed Par. 11 (d) restates the current additional I imitations imposed when guaranteed revenue debt is incurred for water or sewage faci I ities or systems.
10. Proposed Par. I l(e) restates the current additional limitations imposed when guaranteed revenue debt is incurred for educational loan purposes. The phrase "to cit izens of the State," which modified the term ''loans,'' was deleted as unnecessary in I ight of proposed Sec. IV, Par. I
( d) ( 5).
11. Proposed Par.Ill is a restatement of sinking and reserve fund requirements for the incurrence of debt.
12. Proposed Par. I I I ( a )( 1 ) i s a restatement of the present conditions imposed on the enactment of legis la tion which authorizes the incurrence of general obi igation debt and the mandatory appropriation for serv ice of such debt.
13 . Proposed Par.lll(a)(2)(A) is a restatement of the current requ i rement for a general obi igation debt s inking fund. The reference to the "Director, Fiscal Division, Department of Administrative Serv ices, or such other officer as may be designated by law," was deleted and the term "appropriate state fiscal officer" was substituted in I ieu thereof in reference to such officer's duty to cure any deficiency in the sinking fund by virtue of insufficient appropriation to such fund.
14. Proposed Par , lll(a)(2)(B) is a restatement of the current mandate that th e obi igation to make sinking fund deposits for general obi igation debt be subord inate to the obi igation to ma ke sinking fund deposits for state payments under Art. IX, Sec.VI, Par. l( a ) contracts of the Constitution of 1976.
15. Proposed Par.lll(b)(l) i s a restatement of the present conditions

- 131 -

1976 constitution

Preposed New Constitution

Art.VI I, Sec. I 11, Par. I ( d)

Art.VI I, Sec. IV, Par. V

Comments
imposed on the enactment of leg islation which authorizes the incurrence of guaranteed revenue debt and the mandatory appropriation for serv ice of such debt.
16 . Proposed Par. I I l(b)(2)(A) i s a restatement of the current requirement for a guaranteed revenue debt common reserve fund.
17. Proposed Par. I I l(b)(2)(B) deletes the reference to the "Director, Fiscal Division, Department of Administ rative Services or such other officers as may be de signated by law" and substitutes in I ieu thereof the term "appropriate state fiscal officer" in reference to such officer's duty to cure any deficiency in the common reserve fund by virtue of insufficient revenues to meet debt service obi igations and payments f rem the fund .
18. Proposed Par. I I l(b)( 2 )(C) i s a resta t e me nt of the requireme nt that funds in exces s of the amount required in the common reserve fund at the end of any fi sca l year be transf er red. Again, reference is made to the "appropriate state fi sca l officer. 11
19. Proposed Par.lll(c) is a re sta tement of the current investment restrictions for both the sinking fund and the common revenue fund.
20. Proposed Par. IV is a restatement of the current provision prohibiting contracts by the state with pub I ic authorities, except contracts pertaining to state guaranteed revenue debt, after September 1, 1974 . Since this date has already passed, specific reference to it was deleted as unnecessary. The provision relative to the va I id i ty of certain contracts entered into prior to September 1, 1974, was also deleted as unnecessary.
1. This provision is a restatement of current provisions on the refunding of debt.
2. Consistent with the change made in

- 132 -

1976 Constitution

Proposed New Constitution

Art.VII, Sec. I I I, Par. I I
Art.VII, Sec. I I I, Par. I I I

Art . VII, Sec. IV, Par.VI
Art. VII, Sec. IV, Par.VI I

Art. VII, Sec. I I I, Par. IV
Art.VI I, Sec. I I I, Par. V
Art.VII, Sec. I I I, Par. VI

Art . VII, Sec. IV, Pa r, VI I I
Art. VII, Sec. IV, Par. IX
Art.VI I, Sec. IV, Par.X

Art.VI I, Sec. 11 I, Par. VI I
Art.VI I, Sec. Ill, Par.VIII
Art.VI I, Sec. 11 I, Par. IX
Art.VII, Sec. I 11, Par. X
No compa rab Ie provision

No compa rab Ie provision
No compa rab Ie provision
No compa rab Ie provision
Art.VII, Sec. IV, Par. I I I
Art.VII, Sec, IV, Par.XI

Comments proposed Sec. IV, Par. 11, the I imi tat ion on general obi igation debt incurred for refunding purposes was changed from 15 percent to 10 percent. 3. The provision relative to a determination by the Georgia State Financing and Investment Commission that refunding debt would be in the best interest of the state was deleted. Editorial revision.
1. This provision is a restateme nt of the present provisions relative to the Georgia State Financing and Investment Commission.
2. The provision relative to the record-keeping and clerical functions of the commission was deleted, to be provided by law.
Editor ia I revision.
Editorial revision.
The provision relative to Coastal Highway District Debt was deleted as outdated and unnecessary. No change in Paragraph otherwise.
Deleted, to be provided for by law.
Deleted as outdated and unnecessary.
Deleted as outdated and unnecessary.
The provisions of present Sec. I I I, Par.X are covered by the provisions in proposed Sec. IV, Par. 111.
This provision was added to ensure the validity of contracts in effect prior to the effective date of the new Constitution and to ensure the invalidity of any obi igation previously declared void.

- 133 -

1976 constitution

Propo sed New Constitution

Comments

Art.VIII, Sec. I, Par. I
Art . VIII, Sec. I I, Par. I
Art.VIII, Sec , I I I' Par. I
Art . VIII , Sec. IV, Par . I

Art.VIII, Sec. I, Par. I
Art.VIII, Sec, I I, Par. I
Art.VIII, Sec, 11 I, Par. I
Art.VIII, Sec, IV, Par. I

1. Title of Paragraph is changed.
2. The State 's ob i ig ation to provide an adeq uate pub I ic education i s con tinued and a statement is added c lar ifying the s tate's ob i ig at ion to provide free education prior to the college or post seco nd ary le ve l and it s author ity to provide by law for the expense of other education .
1 . No change in composi ti on and term of board members.
2 . Proposed Par. l( a ) provides that the
Governor, rather than ttie board,
sha I I f i I I a boa rd vacancy caused by death, resignation, remova l, or otherwi s e. Suet, ap poi11te e sha ll serve unti I confirmed by the Senate
a nd, upon conf innation, for the un-
expired term of office.
3. Propo sed Par. I ( b) gives the boa rd "such eowers and du t ies as provided by law' rather than, as pre se ntly stated, those "ex i s ting at the time of the adopt ion of the Constitut ion of 1945, together with suc h further powers and dutie s as may now or hereafter be provided by law ."
4. Propo sed Par. l(d) provides that the "qua I ifications, co mpen sation, and removal from office" of state board mem bers wi I I be as pro vide d by law. A number of qua I ifi cations of board members are prese ntl y set forth in the Constitution itself .
No change.
1. No change in composition and term of board member s.
2. Proposed Par. l( a ) provides that the Governor wi I I fi I I vaca ncie s on the board, subject to confirmation by the Senate. The board fi I Is such vacancies presently, unti I the next session of the General Asse mbly at

- 134 -

1976 Constitution
Art.VIII, Sec. IV, Par, I I
Art . VIII, Sec, IV, Par. I I I
Art.VIII, Sec, V, Par. I

Proposed New Constitution
Art.VIII, Sec. VI I, Par. IV
Art .VIII, Sec. VI I, Par. I
(a)( 4)
Art. VII I, Sec. V, Par. I

Comments
which time the Governor makes the final appointments.
3. Propo sed Par. l(b) gives the board the exclusive right to create new pub I ic colleges, junior colleges, and universities, subject to majorit y approval in the Hou se a nd Senate.
4. Propo sed Par. l(c) and l(d) clarify the board' s powers in regard to l ump sum appropriations, property transactions, and eminent doma i n.
5. Proposed Par. l(e) provides that "the qua I ifications, comp e nsation, and removal from office of the me mbers of the boa rd of regents sha I I be as provided by law. " There is no such provision in the present Constitution.
The provision authorizing the board of regents to establish a program wh e reby elder ly citizens may attend courses in the univers ity sys t em without paying tuition was reta ined, an d the General Asse mbly was a l s o authorized to provide by law for such a program.
Proposed Sec.V II, Par.l(a)(4) authorizes the Genera l Assembly to expend pub I ic funds to provide grants, scholarships, loans, or other assistance to "pub I ic emp loyees for edu cational purposes." This would include reimbursement of tuition fees in programs for certified teachers.
1. Proposed Par. I provides for the consolidation of any two or more school systems into a single county or area schoo I system.
2. Proposed Par. I e liminates the requirement that 51 percent of the registered voters must vote in a referendum on consolidation and that a majority of those voting must approve the consolidation in order for it to be effective. Proposed Par. I requires approval by a s imple . majority of the voters voting.
3. In the proposed revision, the term " school system" refers to any county, area, or independent school

- 135 -

1976 constitution

Proposed New Constitution

Art.VIII, Sec .
v, Pa rs. I I (a)
I I( b) , and
I I ( c)

Art.VIII, Sec. V, Pa rs. I I a nd IV

Art.VIII, Sec. V, Pa r. I I ( d )

No compa rab Ie provision

Art . VIII, Sec. V, Par . I I I

No compa rab Ie provision

Art .VIII, Sec. V, Par. IV

Art.VIII, Sec. V, Par. V

Art.VI 11, Sec. V, Par.V

Art.VIII, Sec. V, Pars.Ill and IV

Art.VI I I , Sec. V, Par.VI

Art.VI 11, Sec. V, Par. I ;

Comments
system or school di st rict.
4. Transfer of title provi s ion deleted as unnecessary.
1. Proposed Par. I I is an edited version of present Par. I I and Par. I I (a) , I l(b), and I l( c). The revised Paragraph provides for the members of local boards of education to be elected or appointed as provided by law and provides for the continua tion of the present method of se lec-
tion, qualifications, dutie s, etc.,
of members of each local school boa rd.
2. Proposed Par. IV al lows for a change in the composition, term, and met hod of selection of board members or the super intendent only by local law conditioned upon a referendum. A referendum would not be required for reapportionment of local election districts.
Present Par. I l(d), givi~g t he General Assembly authority to create locnl trustees of each school in a county system, was delet ed as unnecessary.
Present Par.Ill, requiring officia l meetings of county and area boards of education to be open to the pubI ic, was de l e ted, to be provided for by law.
1. In th e propo se d revision, the term "boards of education" is used to signify the board of education of any county, independent, or area schoo I system.
2 . Proposed Par.V(b) enables the Gen era I Assembly to provide for the sharing of faci I ities by loca I school boards under joint administrative authority.
The method of selection of lo cal school superintendents in effect on the day before the effective date of the new Constitution is grandfathered in. Changes can be made by loca I law, subject to a referendum.
1. Proposed Sec.V, Par . I provides for the continuance of independent

- 136 -

1976 Constitution
Ar t.VIII , Sec. V, Par.VI I
Art . VIII, Sec . VI, Par. I

Proposed New Con s titution
Art. VI 11 , sec. IV, Par. I ( b); and Art. VI I I, Sec. VI , Par. I
No co mpa rab I e provision. But see Art . VI I I , Sec . V, Par. IV; A rt. VI 11 , Sec. VI, Par . l( c ) and I ( d ) ; and Ar t. I X, Sec . V, Par. I ( b)
Art . VIII, Sec . I I, Par, I ( c ) and Art.VI 11, Sec . IV, Par. I (e)

Co mments
sc hool syste ms but for bid s the es tab Ii shment of any othe r independ ent syste ms . Prese nt Par.VI do es the same.
2. Proposed Sec. I V, Par. l( b) gives the board o f reg ent s the exc l u s i ve au t hority to crea t e new pub I i c co I l eges, junior col l eges, and uni versities, subj ec t to appro va l by the Genera l Assemb l y. Present Par.V I grant s ind epe nd e nt sc hool sys t em s the authority to add co ll eges .
3. Propo sed Sec. VI, Par. I continues in effect for a l I schoo l syste ms t he method of ce rtifica t ion and l evy of sc hoo l ta xes a nd the mi I l age I im itation for suc h syste ms in ef f ec t on the day before the e ffecti ve da te of th e new Co n st ituti on.
Present Par.VI I , which exe mpts pre 18 77 pub I ic sc hool sys t e ms fro m th e Co n s titution, was del e t e d from th e propo se d re vision . Note , however , the fol lowing:
a . Propos e d Sec. V , Par. IV mai nt a in s the existing met hod of se l ect i on of members of a l I loca l boards of education and of local sc hool su pe rintendent s.
b. Propos e d Sec .VI, Par . l( c ) main ta in s the ex isting school tax I evy I imita t ion in a I I I oca I sc hoo I systems .
c. Proposed Sec. VI, Par. I ( d ) mainta ins th e ex i sting met hods of cert ifi cation and l evy of the sc hool t ax in a 11 lo ca I sys t ems .
d. Proposed Art. I X, Sec.V, Par . l(b) exempt s from th e 10 perce nt l oca l debt limita tio n a ll l oca l sc hool systems which a r e author i zed to exceed suc h debt I i mitation on June 30, 1983.
1. Propo sed Sec . II, Par.l(c) add s the words " ... transfers of land , build ings ... " ; otherwise, no change.
2 . Proposed Sec . IV, Par. I ( e ) adds the words " .. transfers of land , buildings ... "; otherwise, no change .

- 137 -

1976 constitution Art.VIII, Sec.
VI, Par. I I Art . VIII, Sec.
VI 1, Par. I
Art.VI I I , Sec. VI 1, Par. 11
No compa rab Ie provision
Art. VI I I, Sec. VI I I, Par . I

Proposed New Constitution Art.VIII, Sec ,
V, Par.VI Art.VIII, Sec.
VI, Par. I
Art.VI I I , Sec. VI, Par. 11
Art.VI I I , Sec, VI , Par. I I I
Art.VI 11, Sec. I, Par. I

Comments

Proposed Par.VI uses the term "loca l

schoo l systems" to refer to "county,

ateremas1'

and and

independent school sysadds the words " ... trans-

fers of land, bui !ding s ... . "

1. Proposed Par. l( a) authorizes a method of certification and levy of the schoo I tax for a I I schoo I sys tems. The present Par. I authorizes a method of certification and levy for county and area schoo l systems and for the independent schoo l system of Chatham County and the City of Savannah .

2. Proposed Par.l(b) changes the provision delineating the purposes for which schoo l tax funds may be expended to inc Iude "pub Ii c vocationa 1-techn ica I schools. "

3. Proposed Par. l( c ) maintain s the schoo I ta x Ievy in those schoo I systems which, on the day before the effective date of the new Constitu tion, can levy a ta x in excess of the 20 mi 11 I imitation .

4. Proposed Par. l(d) maintains the method of cert ifi cation and levy in those systems which, on the day before the effect i ve date of the new Constitution, can utili ze a method different from that provided in proposed Par. I ( a ) ,

Proposed Par. 11 provides for the increase or remova I of the 20 mi I I I imitation by action of the local board of ed ucation after approva I in a referendum held in th e manner provided by law . Procedural detai Is regarding the manner of e lect ion to be provided by law .

New provision authorizes the General Assembly to require local boards of educat ion to reimburse their respective governing authorities for the co llection of schoo l ta xes, but any rate estab lished may be reduced by loca I law.

Present Sec.VIII, Par.I is encompassed by proposed Sec. I , Par. I and by Art.
I.

- 138 -

1976 Constitution Art.VIII, Sec.
IX, Par. I

Proposed New Constitution
Art.VI 11, Sec. V, Par.VI I

Comments
1. Proposed Par.Vll(a) authorizes the creation of special schools by law but requires voter approva I in a referendum prior to the incurring of bonded indebtedness or the levying of a tax to support such schools. The present provision authorizes the creation of special schools such as vocational trade schools, schools for exceptional children, and schools for adult education by local law, subject to a referendum.
2. Proposed Par.VI l(b) is an editorial revision of the last three sentences of present Par. I and provides that the support and maintenance of specia l schoo l s created prior to the effective date of the new Constitution are not to be affected by proposed Sec. V, Par.VI I.

Art.IX, Sec.I, Par. I
Art. IX, Sec. I, Par. I I
Art.IX, Sec.I, Par. I I I
Art. IX , Sec. I , Par. IV
Art .IX, Sec.I, Par. V

Art.IX, Sec. I, Pa rs. I and
I I ( b)
Art.IX, Sec.I, Par. I I(a)
Art.IX, Sec. I, Pa rs. I I (a) and I I( C)
Art . IX, Sec .. 1, Par. I I ( b)
Art.IX, Sec.I, Par. I I ( b)

1. Provision relative to suits against the county being in the name thereof deleted.
2 . Provision added grandfathering in existing county governing authorities.
3. Provision relative to "metes and bounds" provided for in proposed
Sec. I, Par. I I( b) . No change.
Taken together, proposed Par . 11 (a) and I l(c) would preclude the creation of any new county except by consol idation or merger .
Proposed Par. I l(b) does not spec ifically mention county I ines but mandates that the metes and bounds be changed pursuant to a genera I law.
Provision requiring two-thirds' vote of the people and a majority vote of the General Assembly for a change in the county site deleted; proposed revision permits such a change to be

- 139 -

1976 constitution Art.IX, Sec.I,
Par. VI
Art.IX, Sec.I, Par. VI I
Art.IX, Sec.I, Par. VI I I
Art .IX, Sec.I, Par. IX
Art.IX, Sec.I, Par.X

Proposed New Constitution No comparable
provision. See Art.IX, Sec. I , Pa rs. I and I I I(C)
Art . IX. Sec. I , Par. I
Art . IX, Sec.I, Par. 11 I (a)
Art.IX, Sec.I, Par. I I I (a)
Art . IX, Sec.I, Par. I I I ( b)

Comments
made "under the operation of a genera I I aw."
1. The authorization to create "tribunals for the transaction of county business ... " is em bodi ed in proposed Sec. I, Par . I authorizing the General Assembly to provide by law for the powers and I imitation s for each county governing authority.
2. The authorization to conso lid ate the offices of tax receiver and tax co ll ector into the office of tax comm i ss ioner is provided for at proposed Sec. I Par. I I I( C)
3. The authority "to abo li sh the office of County Trea surer... " and to fi x their compen sa tion was deleted.
The authority to "provide for the cre ation of county commissioners in such counties .. . and def ine their duties," is embod ied in propo sed Sec. I, Par. I authorizing the General As se mbly to provide by law for the powers and I imitati ons for each county governing authority.
1. "County officers" are delineated and inc lude the clerk of superior court, judge of the probate court, s heriff, tax receiver, tax co l lec tor, and ta x commissioner. Coroners and surveyors continue as elected statutory officers.
2. Qua I ifications, powers, and duties of county officers to be provided by genera I Iaw.
3. Provision relative to removal from office deleted as unnecessary in I ight of recal I provisions. See Art. II , Sec.II, Par.IV.
Sheriffs, being county officers within the mean~ng of the proposed Sec . I, Par. I I I (a) wou Id ha ve their qua I if i cations prescribed by genera I law, as mandated by that Paragrap h .
The proposa I authorizes minimum compensation of county officers to be set by genera I I aw, with either Ioca I law or loca I county ordinance supplements permitted.

- 140 -

1976 Constitution Art.IX, Sec.I,
Par. XI

Proposed New Constitution Art.IX, Sec. I,
Par. I I ( C)

No compa rab Ie provision

Art.IX, Sec. I, Par. IV

Art. IX, Sec. I I , Par. I
Art.IX, Sec . II, Par. I I
Art . IX, Sec.II, Par. I I I
Art.IX, Sec.Ill, Par. I
Art. IX, Sec. IV, Par . I

Art.IX, Sec. II , Par. I(a) through I (e)
Art.IX, Sec.II, Par. I ( f)
Art. IX, Sec. 11, Par. I ( g)
Art . IX, Sec.II, Par. I I
Art. IX, Sec. I I I, Par. I I

Art. IX, Sec. IV , Par. I I

Art.IX, Sec.I I, Pa rs. I I I, IV,
VI ( C)' and Vll(a) and Art . IX, Sec. I I I, Par . I(a)

Comments
1. The language relative to the administrative and procedural requirements to effect a conso lidation. or merger was deleted, to be provided for by law.
2. Consolidation of two or more counties to be effective if approved by a majority of the qua I ified voters voting in each of the counties proposed to be consolidated. Prese nt provision requires 51 percent of county voters to vote on any consolidation question .
New provision authorizing the Genera l Ass embly to enact a genera I law authorizing county governing authorities to establish c ivi I service systems covering their own employees and also covering employees of the e lected county officers.
No change,
No change .
No change.
Edi tori a I rev ision.
The present provision ha s proved to be inoperative and has never be e n implemented. The propo sed provision is a compre hensive authorization to the General Assembly to provide by law for the consolidation of cities and counties, with the retention of a referendum requirement in the county and in each municipality in the county containing at least 10 percent of the population of the county. Alternative forms of governmenta l reorganization are also authorized by general law.
1. Present Sec. IV, Par. 11 (8), relating to "urban redevelopment programs," is deleted as being covered by proposed Sec. I I, Par.VI I (a) on "community redevelopment."

- 141 -

1976 constitution No compa rab Ie

Proposed New Constitution Art.IX, Sec.II,

Comments
2. Present Sec. IV, Pa r. I I ( 11 ). re Ia ting to "I ibraries," is expanded to include 11 1 ibraries, archives, and arts and sciences programs and fac i Ii ties."
3. Present Sec. IV, Par. I I( 15), re Iating to planning and zoning, is cove red in proposed Sec. I I , Pa r. IV and is changed to give the General Assembly the authority to establish "procedures" for the exercise of planning and zoning power by local governments.
4. Proposed Sec. I I , Par. I I I ( b), I I I (c), and lll(d) is an editor ia l restatement of the present provision intended to clarify any ambiguities that currently exist .
a. Exceptions to the contracting requirement may be granted under genera I or loca I law under proposed Par. I I l(b); they may only be granted under "local or special law" in the present Constitution.
b. The language prohibiting the General Assembly from enacting genera I laws on the subject of planning and zoning was deleted.
c. The language relative to the enactment of population-based genera I Iaws was de Ie ted as being covered in proposed Art. I I I, Sec. VI, Par. IV(b) and the accompanying proposed legislation.
5. Present authority of local governments to contract with each other for the provision of Amendment 19 services was expanded under proposed Sec. I I I, Par. I(a) to inc Iude any "activities and services" which they "are authorized by law to undertake or provide."
6. Present authority of cities and counties to create special service districts is retained at proposed Sec.VI, Par.Vl(c) and expanded to inc Iude any "I oca I government se r v ice . "
New provision authorizing cities and

- 142 -

1976 Constitution
provision
No comparable provision
Art. IX, Sec. IV , Par. 111
Art. IX, Sec. IV, Par. IV
No compa rab Ie provision

Proposed New Constitution
Par. I 11 (a) ( 14)
Art.IX, Sec.II, Par.VI (a) and VI (b)
Art.IX, Sec. II, Par. VI I I
Art.IX, Sec.II, Par.VI I (a)
Art.IX, Sec.II, Par. V11 ( b)

Comments
counties to maintain and modify existing retirement or pension systems and to create and maintain new systems for officers and employees paid in whole or in part out of county funds. This does not include retirement systems covering employees of county boards of education, however. See proposed Art. I I I, Sec.X, Par. I I I.
1 . Authority has been granted to the General Assembly under proposed Sec. II, Par.Vl(a), by general law , to create special service districts and to provide for a special fee or tax only within that district.
2. Authority has been granted to the General Assembly under proposed Sec. II, Par.VI ( b), by genera I Iaw, to require the creation of specia l districts under specified conditions.
3. The authority of loca l governments to create special service districts would be subordinate to the authority of the General Assembly under proposed Par.Vl(a) and Vl(b) of Sec , 11,
1. The ~hrase "to become a stockholder in.,,' was deleted as covered by the phrase "to lend its credit to .... "
2. The phrase "corporation or associa tion" was modified by the term "nonpub I ic."
3. The provision relative to the support of public schoo ls by municipal corporations was deleted as unnecessary .
This provision is an editorial revision of the present provision, retaining the authorization for .community redevelopment and for the sale of property acquired by eminent domain to private enterprise for private uses.
New provision grant i ng the General Assembly the power to authorize local governments to is sue tax al locat ion bonds for redevelopment purposes, subject to such terms and conditions as specified by genera I Iaw and a Iso subject to implementation by local

- 143 -

1976 constitution No compa rab Ie
provision
Art.IX, sec.v, Pa rs. I and I I

Proposed New Constitution
Art.IX, Sec.II, Par. IX
Art . IX , Sec. IV, Pa rs. I , I I, and I I I and Art.Ill, Sec. VI, Par. lV(b)

Comments
law and approval of the voters in a local referendum.
New provision authorizing th e General Assembly to waive the immunity of counties, municipalities, and sc hool districts by law . Present Art. IX, Sec.VI, Par. I I authorizes county governing authorities to purchase automobile liab i lity insurance and waives the immu.nity of the county to the extent of the amount of the insurance purchased.
1. The power to ta x and the power to spend are distinguished for greater clarity in proposed Pars. I and I I.
2. Proposed Par. l(a) authorizes local governments to exe rcise the power of ta xation as authorized by the Con stitution or by general law.
3. Proposed Par. l(b) authorizes counties to levy and collect busine ss and occupational license ta xes and I icense fees only in the unincorporated areas of the counties, as authorized by genera I or Ioca I Iaw, and authorizes cities to levy and collect taxes and fees in the municipal corporate I imits as Ruthorized bygeneralorlocal law. lnaddition, the General Assembly may require that business I icense taxes raised by counties in the unincorporated areas of the counties be spent for services only in such area s.
4. Proposed Par. l(c) authori zes the General Assembly to provide by law for the taxation of insurance companies on the basis of gross direct premiums received from insurance policies in the unincorpora ted areas of counties. Present Art.VII, Sec. I, Par . I I I authorizes such a tax only on I ife insurance companies.
5. Proposed Par. 11 authorizes loca I governments to spend pub I ic funds to perform any pub I ic service or pub I ic function as authorized by the Constitution or by law and to spend pub I ic funds for other services or functions as authorized by the Constitution or by general law. The "enumeration of purposes ... " for

- 144 -

1976 Constitution
Art. IX, Sec.V, Par.Ill
Art. IX, Sec.V, Par. IV
Art. IX, Sec.VI, Par. I

Preposed New Constitution
Art.IX, Sec.II, Par. VI
Art. IX, Sec. II, Par. V
Art. IX, Sec. I I I, Par . I and Art. VI I , Sec. IV , Par. 111

Comments
which counties may tax was deleted, to be provided for by law. See present Ga. Code Ann. Ch. 91A-12.
6 . Proposed Par. I I I continues the I imitation on ta x ing power contained in present Sec.V, Par. I.
7. Present I imitation on enactment of population bi I Is to be continued by law under proposed Art. I I I, Sec.VI, Par. lV(b).
1. This provision is embodied within the broad authorization contained in proposed Sec. 11, Par. VI.
2 . Under the proposed revision, local governments or the General Assembly cou ld create special service districts and levy taxes therein for the provision of any loca l government services within such districts, with or without a referendum in the district.
Proposed revision authori zes municipalities as wel I as counties to exercise the power of eminent domain for any pub I ic purpo se .
1. Proposed Par.l(a) authorizes intergovernmental contracts for "Joint services, for the provision of services, or for the joint or separate use of faci I ities or equipment" rather than "for the use ... of any facilities or services." This is a broader authorization for such contracts than is contained in the present Constitution.
2. Provisions in present Par. l( a) relative to mandatory appropriations for payments under prior leasepurchase agreements deleted as unnecessary. Proposed Art.VI I, Sec. IV, Par. I I I requires the appropriate state fiscal officer to make these payments if the General Assembly does not appropriate sufficient funds to do so.
3. Proposed Par. l(b) deletes the present I imitations on the conveyance of property under these contracts that the property not be mortgaged or pledged and that the faci I ities

- ll15 -

1976 Constitution
Art, IX , Sec.VI, Par. I I
Art. IX, Sec. VI I, Par. I

Proposed New Constitution
Art.I X, Sec.II, Par. IX
Art. IX, Sec.V, Pars, l( a ), IV, and V

Comments
be put to the sa me use as before the conveyance - were delet ed , These I imitation s ma y be provided for by general l aw.
4. Proposed Par. l(c) retains the pressent authority for the construction and maintenance of hospital author; ty bu i Id i ng s and fa c i I i ties.
1. The specific authority for counties to purcha se I iabi I ity insurance and the conditions on that authority were delete d as unnecessary, to be provided for by l aw,
2. Proposed Sec. 11 , Par. IX authorizes the wa i ve r of county immunity by Iaw.
1. The proposed Sec.V is a restatement of the current constitutional limitations on the insurrence of debt by political subdivisions of the state, with a few major substantive changes.
2. Proposed Par. l( a ) conti nues th e overri ding prohibition on the incurrence of de bt without a referendum and the I imitation as to amount of 10 percent of the taxable property of the subdivision issuing the debt .
3 . Proposed Par. IV( 1) contains a bro ad authorization for local governments to accept a nd u se federal funds without the need for a referendum, subject to such conditions a nd I imitations as may be provid e d by genera I Iaw and by Fed e ra I Iaw. Thi s is a broader authorization than is contained in the present Con st itution.
4. Proposed Par. IV( 2 ) continues the present authority of loca l governments to establish property evaluation and equalization programs without the need for a referendum, subj ect to such conditions and I imitations as may be prov ided by general law .
5. Proposed Par.V au tho r izes local political subdivisions to obtain temporary loans each year to pay expenses, provided that the amount of such loans does not exceed 75 percent of last year's total gro s s income and so long as the loans are

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1976 Constitution
No compa rab Ie provision
No comparable provision
Art. IX, Sec. VII, Par.II
Art. IX, Sec. VI I, Par . 111
Art. IX, Sec. VI 1, Par. IV

Proposed New Constitution
Art. IX, Sec.V, Par. I ( b)
_Art. IX, Sec,V, Par. 11
Art. IX, Sec.V, Par. VI
No comparable provision
Art.IX, Sec.V, Par. V

Comments
repaid by the end of the calendar year.
6 . The present prohibition on special registration for bond referenda and the provision ensuring the validity of pre-1945 bonds were deleted as unnecessary.
7 . The provision carrying forward al I local amendments relative to debt I imitations was deleted as unnecessary in I ight of proposed Art.XI, Se.c . I , Pa r . IV.
New provision grandfathering in e x isting debt I imitations of local school systems which are authorized to incur debt in e xcess of 10 percent.
New provision authori z ing the incurrence of "special district debt" on the following conditions:
1. Special tax must be levied in di strict.
2. Term of debt cannot e xceed 30 yea rs.
3 . Amount of debt cannot e xc eed 10 percent of taxable property in political subdivision .
4. Referendum approval in district.
Editor ia I revision.
The present provision authorizing additional debt under certain circumstances was deleted a s ambiguous in I ight of present Sec. VII, Par. I.
1. Provisions relative to temporary loans were consolidated in proposed Sec. V, Par. V.
2. Reference to county boards of education was deleted , as encompassed within the term "other political subdivisions . "
3. The I imitation that temporary loans not exceed "75 of the total gross income from taxes collected ... in the last preceding year" was retained.

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1976 Constitution Art. IX, Sec.
VI I, Par. V No compa rab Ie
provision Art. IX, Sec.
VI 11, Par. I
Art. IX, Sec. VI I I, Par. I I

Proposed New Constitution Art. IX, Sec.V,
Par. IV( 1)
Art. IX, Sec.V, Par. VI I
Art.IX, Sec.VI, Pa rs. I and I I and Art.XI, Sec. I, Par. IV(d)
Art.IX, Sec.VI, Pars.Ill and IV

Comments
4. Temporary loans may be obtained without the requirement of a referendum, as presently.
Proposed Par. IV(l) authorizes local political subdivisions to accept and use federa I funds wi tilout the need for a referendum, subject to such conditions and I imitations as may be provided by genera I law and by federa I law. Federal community disaster loans would fal I within this category.
This provision is intended to ensure the validity of bonds issued prior to June 30, 1983, the day immediately preceding the effective date of the new Constitution.
1. This provision was the subject of
substantial editorial revision and
restructuring.
2. The term "revenue bonds" was substituted in I ieu of the term ''revenue anticipation obi igations.''
3. The re fe re nee to "The Revenue Ce rt if ica te Laws of 1937 ... as amended ... (throu~h) 1939" was deleted and the term general law" was substituted in I ieu thereof.
4. The requi rcment for a referendum to issue revenue bonds for gas or electric generating or distribution systems was deleted.
5. The present provision relative to the validity of an Act creating the Brunswick Ports Authority was deleted. Proposed Art.XI, Sec. I, Pa r. IV ( d ) continues in force a I I constitutional amendments creating "port authorities and industrial areas" as a part of the proposed new Constitution.
1 . Proposed Par.Ill is a restatement of the present provision.
2. Proposed Par. IV is a restatement of the present provision with one change: the word "shal I" was substituted in I ieu of the word "may."

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1976 Constitution No compa rab Ie
provision Art. IX, Sec.
VI I I, Pa rs. 111 and IV
Art. IX, Sec. VI I I, Par. V

Proposed New Constitution Art.IX, Sec.VI,
Par. V Art. IX, Sec.V,
Par. I 11
Art. IX, Sec.V, Par. VI

Comments
New prov,s,on added to ensure the validity of revenue bonds issued prior to June 30, 1983, the day immediately preceding the effective date of the new Constitution.
1. Proposed Sec.V, Par. 111 authorizes a new method of refunding debt, without the need for a referendum, provided that neither the term of the original debt is extended nor the interest rate of the original debt is increased.
2. Provisions relative to a refunding commission were deleted.
1. Proposed Par.VI is an editorial revision of the present provision .
2. The specific investment restrictions and penalties for malpractice in office were deleted, to be provided for by law.

Art. X, Sec . I, Par. I
Art.X, Sec. I, Par. 11
Art.X, Sec. I, Par. 111

Art.Ill, Sec.X, Par. I
Art.Ill, Sec.X, Pars.I and V
Art. 111, Sec.X, Pa rs. I and
111

1. Proposed Art.Ill, Sec.X, Par.I authorizes the expenditure of pub I ic funds for public officers and their employees and their beneficiaries for a retirement system . This encompasses retirement systems for pub I ic school teachers.
2. The authorization for counties and municipalities to expend funds for this purpose is in proposed Art. IX, Sec. I I, Par. I I I ( a) ( 1l!).
1. "Employees under a merit system" are encompassed within the term "pub I ic emp Ioyees" in proposed Par. I.
2. Actuarial soundness is mandated in proposed Par. V of a I I retirement sys terns funded who I Iy or pa rt ia I Iy f ram pub I ic funds.
1. "Public school employees not covered by the Teachers Retirement System" a re encampa ssed within the term "pub I ic emp Ioyee s" in proposed Par . I .
2. Actuarial soundness is mandated in

- 1l!9 -

1976 constitution
Art.X, Sec. I, Par. IV
Art.X, Sec.I, Par. V
Art.X, Sec. 11
Art.X, Sec.II, Pars. I and 11
No compa rab Ie provision
Art.X, Sec. 11, Pa rs. I I I , IV, and V
Art.X, Sec.II, Pa rs.VI , VI I , VI 11, X, XI, XI I I, and XV
Art.X, Sec.II, Par. IX
Art.X, Sec.II, Par.XI I

Proposed New Constitution
Art.Ill, Sec.X, Par. IV
Art.Ill, Sec.X, Par. I I
Art . VI I I, Sec. VI I
Art.VIII, Sec. VI I, Par. I
Art.VI 11, Sec. VI I, Par. I
(a) ( 5)
Art.XI, Sec. I, Par. I ( b)
Art.VIII, Sec. VI I, Par. I
Art.Ill, Sec. IX, Par.ll(b)
Art. I I I ' Sec. VI , Pa r. I I ( b)

Comments
proposed Par. V.
3. Control over existing retirement systems covering employees of county boards of education continues to be vested in the General Assembly.
No change.
Proposed Par. 11 a I lows pub I ic funds to to be expended for the purpose of increasing benefits under any retirement or pension system who I ly or pa rt ia I Iy supported from pub I ic funds.
Proposed Art.VI I I, Sec.VI I gives the General Assembly broad authority to expend pub Ii c funds for educa ti ona I assistance programs and omits much of the statutory language of present Art.X, Sec.II.
Proposed Art.v1 1I, Sec.VI I, Par . I authorizes pub I ic funds to be spent for a broad range of educational assistance programs.
New provision authorizing public funds to be spent for the purchase of loans m;ide to students for ed11cationa I purposes who have completed a program of study in a field in which critical shortages exist.
Proposed Art.XI, Sec. I, Par. l(b) provides that al I boards and commissions named in the present Constitution and not specifically named in the proposed new Constitution continue as statutory boards and commissions unti I changed by the General Assembly.
Proposed Art.VIII, Sec.VII, Par.I authorizes pub I ic funds to be spent for a broad range of educational assistance. programs; detai Is of any particular scholarship program to be provided by law.
Proposed Art. 111, Sec. IX, Par. I I (b) provides for the appropriation of state and federal funds.
Proposed Art. I I I , Sec.VI , Par. I I ( b ) continues the state's present au-

- 150 -

1976 Constitution
Ar,t.X, Sec .II, Par. XJV

Proposed New ,Constitution
A.rt.VI I I , Sec. V,I I, Pa rs. 1 ,(a) ( 2), I l, and I II

Comments
tho r i ty re Iat i ve to voca ti ona I rehab i Ii tat ion grants by reference.
1. Proposed Art.VIII, Sec . VII, Par.I (a)(2) authorizes public funds to be spent to provide guaranteed loans for educational purposes to parents of students as wel I as to students .
2. Proposed Par. I I authorizes guaranteed revenue debt to be incurred for educational purposes on behalf of parents of students as wel I as students.
3. Proposed Par. 111 author i zes the creation of pub I ic authorities or pub I ic corporations to administer e ducational assistance programs.

Art.XI, sec.I, Pa.rs. l through IV
Art . XI, Sec. 'I , Par . V

No compa rab ,le provisions. See Art.?< 'I , Sec. ,I , Pa r. I I and Art. 11 I, Sec.VI , Par.
:1v(al
Art.XI, Sec.I, Pa ,r. I 11

The specific " ,legal hierarchy'" is deleted, but only laws "not inconsistent with this Con s titution" are carried forward. The relationship between genera I and I oca 1 'I aws is provided in proposed Art. I I I, Sec. VI, Par. lV(a,).
1. 'Proceedings of "administrat.ive t ribunals" as wel .1 as of the courts of the state are ratified and affirmed.
2. Judicial proceedings su'bject to reversal or modification in the manner provided by law.

Art.XI I , Sec . ,1, Par. I

Art.X, Sec. l , Pa rs. I, I I, and 1 Jl

1. After July 1, 1983, on1y proposed amendments to the Constitution which are of general and un iform appl icabi I 'ity throughout the state may be proposed, passed, or submitted to t'he people. Al I r.efer,ences to "amendments which are not general" deleted.
2. Proposed constitutional amendments ,can only be s1.ibm'itted to the people in even-numbered years, as presently .
- 151 -

1976 Constitution

Proposed New Constitution

Art.XII ., Sec. I , Par. I I
Art.XI I, Sec. I, Par. 111
Art.XII, Sec.I, Par. IV

Art.X, Sec. I, Par. IV
Art.X, Sec. I, Par. V
Art. X, Sec. I, Par. VI

Comments
3. "constitutional Amendments Pub I ication Board" retained in proposed Par. I I, as wel I as the au thori zation for up to 20 other newspapers to be se lected for pub I ication of the summary of propo se d amendments. Summary to be prepare d by the sa me three officials as is presently the case, i .e., the Attorney General, the Legislative Cou nse l, and the Secretary of State; summary to be published in ea ch county once a wee k for three consecutive weeks immedia t e ly preceding the date of the e lection, in the county organ, as presently.
4. Language to be used i n submitting proposed amendments or a new Constitution to be as provided by the General Assembly in the resolution or, in the absence thereof, as prescribed by the Governor.
5 . A copy of the ful I tex t of a n a mend ment is to be on file in the probate cou rt of each county and the summary is to so indicate thi s .
6. Proposed Par . I I permits one or more new artic)es or related chang e s in one or more articles to be submitted to the people as a sing le amendment.
7. Propos ed Par , II I permits th e amend ment or repeal of prop osed amend ments or of a new Constitution until two month s preceding the election, as presently .
Editorial revision.
Editorial revision.
Editorial revision.

Art.XII I, Sec. I, Par, .1
No compa rab Ie

Art.XI, Sec . I, Par. I (a)
Art . XI' Sec . I '

Editorial revision. Proposed Par. l(b) continues in effect

- 152 -

1976 Constitution
provision Art.XI 11, Sec.
I, Par. I I
Art.XI 11, Sec. I, Par. 11 I
Art.XI 11, Sec. I, Par. IV

Proposed New Constitution
Par. I ( b) Art.XI, Sec . I,
Par. IV
Art .X I, Sec. I, Par. V
Art.XI, Sec.I , Par . VI

Comments
as statutory boards, commissions, and authorities al I such bodies which are specifically named in the present Constitution and which are not specifica lly named in the proposed new Constitution.
1. Proposed Par. IV provides for the continuation of al I local constitutional amendments for a period of four ye ars. At the end of this time , they wi I I be automatically repealed unless they have been continued in effect without amendment by a local law enacted by the General Assembly or by a home rule ordinance or resol ution adopted by the applicable city or county governing authority. Any such amendments continued in e ffect can thereafter be repealed but cannot be amended; laws adopted thereunder continue in effect as legal, val id, and consti,tutional.
2. Local amendments creating or authorizing the creation of metropolitan rapid transit authorities, port authorities, and industrial areas continued in effect as part of the proposed new Constitution.
Editorial revision .
If ratified by the people in November, 1982, the proposed new Constitution wi I I go into effect on July 1, 1983, and al I previous Constitutions and a mendments thereto wi I I thereupon stand repea Ied.

- 153 -

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