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 ~ - ..-na:MIM-' ~ ,,,-.::&.~yo, ....-HNTATIVS -:S:~:u,,....a couwr ~ _,.,...=,'t't~,rr Otr APPEALS 11=-~L --.r.:-"'~NJltO" cou.-n 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)) - 1- 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)) - 2- 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. - 3- 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)) - 4- r 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) - 5- 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)) - 6- 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 - 7- 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 - 8- 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. - 9- 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) - 10 - 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. - 11 - 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 - 12 - 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. - 13 - 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. - 14 - 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. - 15 - .... 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. - 20 - 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 . - 24 - (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. - 29 (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. - 40 - 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. - 41 - 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. - 42 - 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. - 44 - 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; anvernor. 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 - 146 - 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. - 147 - 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." - 148 - 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 - 11ll1111i~~1m1~11!11!1~111~11IHiI~11111 3 2108 04905 8848