JOURNAL
OF THE
SENATE
OF THE
STATE OF GEORGIA
AT THE
EXTRAORDINARY SESSION
Commenced at Atlanta, Monday, August 24, 1981 and adjourned Friday, September 18, 1981
1981 Atlanta, Georgia
OFFICERS
OF THE
STATE SENATE
1981
ZELL MILLER ...................... President (Lieutenant Governor)
TOWNS COUNTY
AL HOLLOWAY. ........................... President Pro Tempore
DOUGHERTY COUNTY
HAMILTON McWHORTER, JR ................ Secretary of the Senate
OGLETHORPE COUNTY
MARVIN W. "CAP" HICKS. ........................... Doorkeeper
FLOYD COUNTY
FRED STEEPLES ..................................... Messenger
FULTON COUNTY
STAFF OF SECRETARY OF SENATE
ALICE E. HOGE ............................... Assistant Secretary
FULTON COUNTY
SARALYN FOSTER .................................... Bill Clerk
DeKALB COUNTY
SHIRLEY SHELNUTT ............................... Journal Clerk
ROCKDALE COUNTY
ROBERT F. EWING .......................... Assistant to Secretary DEKALB COUNTY
AGNES DOSTER. ................................. Enrolling Clerk
GWINNETT COUNTY
CLARA BASKIN. ................................. Bill Status Clerk
FULTON COUNTY
SARAH BROWNE.............................. Assistant Bill Clerk
FULTON COUNTY
MEMBERS OF THE
SENATE OF GEORGIA ALPHABETICALLY ARRANGED ACCORDING TO NAMES,
WITH DISTRICTS AND ADDRESSES FOR THE TERM 1981-1982
Senators
District Address
Thomas F. Allgood. ....................... 22nd.... Augusta
W. D. (Don) Ballard ....................... 45th.... Covington
Ed Barker ............................... 18th.... Warner Robins
Roy E. Barnes............................ 33rd.... Mableton
Robert H. Bell. ............................ 5th.... Atlanta
Julian Bond............................... 39th.... Atlanta
Rooney L. Bowen ......................... 13th.... Vienna
Max R. Brannon .......................... 51st.... Calhoun
Haskew H. Brantley, Jr. .................... 56th.... Alpharetta
Paul C. Broun ............................ 46th.... Athens
M. Parks Brown .......................... 47th.... Hartwell
Glenn E. Bryant........................... 3rd.... Hinesville
Kyle T. Cobb. ............................ 28th.... Griffin
J. Tom Coleman, Jr.......................... 1st.... Savannah
Paul D. Coverdell......................... 40th.... Atlanta
J. Nathan Deal ........................... 49th.... Gainesville
Nathan Dean............................. 31st.... Rockmart
Frank Eldridge ............................ 7th.... Waycross
Bill English .............................. 21st.... Swainsboro
Beverly Leigh Engram ..................... 34th.... Fairburn
Todd Evans. ............................. 37th.... Atlanta
Dan H. Fincher .......................... 52nd.... Rome
W. W. (Bill) Fincher, Jr. .................... 54th.... Chatsworth
John C. Foster............................ 50th.... Cornelia
Wayne Garner ........................... 30th.... Carrollton
Hugh M. Gillis, Sr. ........................ 20th.... Soperton
Richard L. Greene ........................ 26th.... Macon
Render Hill.............................. 29th.... Greenville
Al Holloway ............................. 12th.... Albany
Janice S. Horton .......................... 17th.... McDonough
Pierre Howard........................... 42nd.... Decatur
Floyd Hudgins ........................... 15th.... Columbus
Perry J. Hudson .......................... 35th.... Hapeville
5
Senators
District Address
Joseph E. Kennedy ......................... 4th.... Claxton Culver Kidd ............................. 25th.... Milledgeville TedJ. Land .............................. 16th.... Columbus Jimmy Lester ............................ 23rd.... Augusta Bill Littlefield ............................. 6th.... Brunswick
jSam P. McGill. ........................... 24th.... Washington L. H. "Bud" McKenzie..................... 14th.... Montezuma Steve Reynolds ........................... 48th.... Lawrenceville Lee Robinson ............................ 27th.... Macon Thomas R. (Tom) Scott..................... 43rd.... Decatur
Terrell Starr ............................. 44th.... Forest Park
Jack L. Stephens .......................... 36th.... Atlanta
Lawrence (Bud) Stumbaugh................. 55th.... Stone Mountain E. G. Summers ........................... 53rd.... LaFayette
Franklin Sutton. ........................... 9th.... Norman Park
Horace E. Tate ........................... 38th.... Atlanta Joe Thompson ........................... 32nd.... Smyrna J. HodgeTimmons ........................ llth.... Blakely
Paul H. Trulock .......................... 10th.... Climax Loyce W. Turner .......................... 8th.... Valdosta James W. (Jim) Tysinger .................... 41st.... Atlanta Ronnie Walker ........................... 19th.... McRae Charles H. Wessels ........................ 2nd .... Savannah
MEMBERS OF THE
GEORGIA HOUSE OF REPRESENTATIVES ALPHABETICALLY ARRANGED ACCORDING TO NAMES, WITH DISTRICTS AND ADDRESSES
FOR THE TERM 1981-1982
Name
District
Address
Betty Aaron. ....................... 56, Post2. ...... Decatur
G. D. Adams....................... 36 ............ Atlanta
John Adams ....................... 14 ............ Rome
Marvin Adams ..................... 79 ............ Thomaston
Fred Aiken ........................ 21, Post 1. ...... Smyrna
Wendell T. Anderson, Sr............... 8, Post 3. ...... Canton
Bob Argo.......................... 63 ............ Athens
Dean Auten. ...................... 154 ............ Brunswick
Ralph J. Balkcom .................. 140 ............ Blakely
Emory E. Bargeron .................. 83 ............ Louisville
Wilbur E. Baugh ................... 108 ............ Milledgeville
Alveda King Beal ................... 28 ............ Atlanta
James M. Beck .................... 148 ............ Valdosta
Jimmy Benefield.................... 72, Post 2. ...... Jonesboro
Lorenzo Benn ...................... 38 ............ Atlanta
Kenneth W. Birdsong ............... 103 ............ Macon
Sanford D. Bishop, Jr................. 94 ............ Columbus
Paul Bolster. ....................... 30 ............ Atlanta
Paul S. Branch, Jr................... 137 ............ Fitzgerald
Claude A. Bray, Jr. .................. 70 ............ Manchester
Tyrone Brooks ..................... 34 ............ Atlanta
Thomas B. Buck, III ................. 95 ............ Columbus
A. L. (Al) Burruss ................... 21, Post 2. ...... Marietta
Joe Burton......................... 47 ............ Atlanta
Roger Byrd ....................... 138, Post 2. ...... Hazlehurst
Gary C. Cason. ..................... 96 ............ Columbus
DonCastleberry ................... Ill ............ Richland
G. Richard Chamberlin .............. 73 ............ Stockbridge
Tommy Chambless. ................ 131 ............ Albany
George A. Chance, Jr................ 129 ............ Springfield
Donald E. (Don) Cheeks .............. 89 ............ Augusta
E. M. (Buddy) Childers............... 15 ............ Rome
Mrs. Mobley (Peggy) Childs ........... 51 ............ Decatur
Betty J. Clark ...................... 55 ............ Atlanta
7
Name
District
Address
Louie Clark........................ 13, Post 1....... Danielsville Luther S. Colbert ................... 23 ............ Roswell Terry L. Coleman .................. 118 ............ Eastman Marcus E. Collins .................. 144 ............ Pelham Carlton H. Colwell ................... 4, Post 1....... Blairsville Jack Connell ....................... 87 ............ Augusta Barbara H. Couch................... 43, Post 1....... Atlanta Walter E. Cox ..................... 141 ............ Bainbridge John Crawford ...................... 5 ............ Lyerly Tom Crosby, Jr.. ................... 150 ............ Waycross Bryant Culpepper................... 98 ............ Fort Valley Bill Cummings ..................... 17 ............ Rockmart George (Buddy) Darden .............. 19, Post 3. ...... Marietta J. C. Daugherty..................... 33 ............ Atlanta Burl Davis. ........................ 99 ............ Macon J. Max Davis ....................... 45 ............ Atlanta Lamar W. Davis, Jr. ................ 124 ............ Savannah Douglas C. Dean.................... 29 ............ Atlanta R. A. Dent......................... 85 ............ Augusta Harry Dixon ...................... 151 ............ Waycross Denny Dobbs...................... 74 ............ Covington Bill Dover ......................... 11 ............ Hollywood Ward Edwards .................... 110 ............ Butler Ewell H. (Hank) Elliott............... 49 ............ Decatur Warren D. Evans ................... 84 ............ Thomson Mrs. Dorothy Felton................. 22 ............ Atlanta James R. (Jim) Fortune ............... 71, Post 1....... Griffin R. L. (Shorty) Foster .................. 6, Post 2. ...... Dalton Cynthia Fuller. ..................... 27 ............ Atlanta Ken Fuller......................... 16 ............ Rome Mary Jane Galer .................... 97 ............ Columbus Ronald E. (Ron) Ginsberg ............ 122 ............ Savannah Mildred Glover. .................... 32 ............ Atlanta John Godbee....................... 82 ............ Brooklet John W. Greer. ..................... 43, Post 3. ...... Atlanta Benson Ham ....................... 80 ............ Forsyth Mrs. Grace T. Hamilton .............. 31 ............ Atlanta Bob Hanner. ...................... 130 ............ Parrott Joe Frank Harris ..................... 8, Post 1....... Cartersville Carl Harrison ...................... 20, Post 2. ...... Marietta W. G. (Bill) Hasty, Sr.................. 8, Post 2. ...... Canton John Hawkins...................... 50 ............ Atlanta
Name
District
Address
Forest Hays, Jr....................... 1, Post 2. ...... Chattanooga Bobby L. Hill. ..................... 127 ............ Savannah Bob Holmes ....................... 39 ............ Atlanta George B. Hooks. .................. 116 ............ Americus Frank Home ...................... 104 ............ Macon R. S. (Dick) Hutchinson ............. 133 ............ Albany Jack Irvin ......................... 10 ............ Baldwin Johnny Isakson ..................... 20, Post 1....... Marietta Jerry D. Jackson ..................... 9, Post 3. ...... Chestnut
Mountain Neal Jackson....................... 75 ............ Monroe Wm. S. (Bill) Jackson ................ 77 ............ Martinez Benjessup. ....................... 117 ............ Cochran Gerald Johnson..................... 66, Post 1....... Carrollton Rudolph Johnson ................... 72, Post 4. ...... Morrow Bill Jones.......................... 78 ............ Jackson Herbert (Herb) Jones. ............... 126 ............ Savannah Randolph C. (Randy) Karrh .......... 106 ............ Swainsboro Rene D. Kemp. .................... 139 ............ Hinesville Thomas (Mac) Kilgore. ............... 65 ............ Douglasville E. Roy Lambert.................... 112 ............ Madison Dick Lane ......................... 40 ............ East Point Robert (Bob) Lane................... 81 ............ Statesboro Bobby Lawson ...................... 9, Post 2. ...... Gainesville William J. (Bill) Lee. ................. 72, Post 1....... Forest Park Hugh Logan ....................... 62 ............ Athens Bobby Long....................... 142 ............ Cairo Jimmy Lord....................... 105 ............ Sandersville Bettye Lowe ....................... 43, Post 2. ...... Atlanta David E. Lucas .................... 102 ............ Macon Wm. C. (Bill) Mangum, Jr. ............ 56, Post 1....... Decatur Charles C. Mann. ................... 13, Post 3. ...... Elberton Sidney J. Marcus. ................... 26 ............ Atlanta Charles Martin ..................... 60 ............ Buford Hugh D. Matthews ................. 145 ............ Moultrie T. H. (Mac) McCollum .............. 134 ............ Albany Lauren (Bubba) McDonald ............ 12 ............ Commerce J. E. (Billy) McKinney................ 35 ............ Atlanta John David Miles .................. 107 ............ Metter Billy Milford....................... 13, Post 2. ...... Hartwell Lundsford Moody.................. 138, Post 1....... Baxley James C. Moore. ................... 152, Post 1....... West Green
9
Name
District
Address
John L. Mostiler .................... 71, Post 2. ...... Griffin Edwin G. (Ed) Mullinax .............. 69 ............ LaGrange Thomas B. Murphy. ................. 18 ............ Bremen Sam Nicholson ..................... 88 ............ Augusta Ken Nix. .......................... 20, Post 3. ...... Smyrna Clinton Oliver. .................... 121 ............ Glennville Mike Padgett. ...................... 86 ............ Augusta Bobby E. Parham .................. 109 ............ Milledgeville Robert L. Patten ................... 149 ............ Lakeland Ed Perry ......................... 146, Post 1....... Nashville Robert G. (Bob) Peters ................ 2 ............ Ringgold Bobby Phillips. .................... 125 ............ Savannah L. L. (Pete) Phillips ................. 120 ............ Soperton R. T. (Tom) Phillips. ................. 59 ............ Stone
Mountain W. Randolph (Randy) Phillips ......... 91 ............ Shiloh Greg Pilewicz ...................... 41 ............ East Point Frank C. Pinkston................. 100 ............ Macon Howard H. Rainey ................. 135 ............ Cordele Ernest Ralston. ...................... 7 ............ Calhoun Tom Ramsey........................ 3 ............ Chatsworth William C. (Billy) Randall. ........... 101 ............ Macon Henry L. Reaves ................... 147 ............ Quitman Eleanor L. Richardson ............... 52 ............ Decatur Cas M. Robinson. ................... 58 ............ Stone
Mountain Ben Barron Ross .................... 76 ............ Lincolnton J. Roy Rowland.................... 119 ............ Dublin John Russell ....................... 64 ............ Winder John Savage. ....................... 25 ............ Atlanta Albert (Al) Scott ................... 123 ............ Savannah David Scott........................ 37 ............ Atlanta Neal Shepard ...................... 67 ............ Newnan Alien Sherrod ..................... 143 ............ Coolidge Earleen Sizemore .................. 136 ............ Sylvester Tommy Smith..................... 152, Post 2. ...... Alma Virlyn B. Smith..................... 42 ............ Fairburn Calvin Smyre ...................... 92 ............ Columbus Wayne Snow, Jr...................... 1, Post 1....... Rossville Cathey W. Steinberg. ................ 46 ............ Atlanta David Swann ...................... 90 ............ Augusta Charles Thomas .................... 66, Post 2. ...... Temple
10
Name
District
Address
Steve Thompson .................... 19, Post 2. ...... Austell Kiliaen V. R. (Kil) Townsend .......... 24 ............ Atlanta Tom Triplett...................... 128 ............ Savannah James R. (Jim) Tuten, Jr. ............. 153 ............ Brunswick RalphTwiggs ....................... 4, Post 2. ...... Hiawassee Doug Vandiford .................... 53 ............ Avondale
Estates Clarence R. Vaughn, Jr. .............. 57 ............ Conyers Monty Veazey..................... 146, Post 2. ...... Tifton Ted W. Waddle. ................... 113 ............ Warner
Robins Larry Walker .....................115............ Perry Vinson Wall ....................... 61 ............ Lawrenceville J. Crawford Ware ................... 68 ............ Hogansville Roy H. (Sonny) Watson, Jr............ 114 ............ Warner
Robins John White ....................... 132 ............ Albany Bruce Widener ..................... 44 ............ Atlanta Betty Jo Williams ................... 48 ............ Atlanta Rev. Hosea L. Williams .............. 54 ............ Atlanta Roger Williams...................... 6, Post 1....... Dalton Joe Mack Wilson. ................... 19, Post 1. ...... Marietta Jim Wood ......................... 72, Post 3. ...... Forest Park Joe T. Wood ........................ 9, Post 1....... Gainesville Ken Workman ..................... 56, Post 3....... Decatur
11
SENATE JOURNAL
EXTRAORDINARY SESSION
Senate Chamber, Atlanta, Georgia
Monday, August 24, 1981
Pursuant to a proclamation of His Excellency, Governor George Busbee, the Senate met in extraordinary session in the Senate Chamber at 10:00 o'clock A.M. this day, and was called to order by the Honorable Zell Miller, President of the Senate.
Senator Stumbaugh of the 55th introduced the chaplain of the day, Dr. Truitt Gannon, pastor of the Smoke Rise Baptist Church, Stone Mountain, Georgia, who offered scripture reading and prayer.
Dr. James Kaufmann, who serves as liaison for the medical center in the Capitol, introduced the doctor of the day, Dr. Jim Hutchinson, of Tucker, Georgia, and nurse of the day, Caroline Crow, of Atlanta, Georgia.
The following proclamations by His Excellency, Governor George Busbee, convening the extraordinary session, were read by the Secretary:
EXECUTIVE DEPARTMENT
THE STATE OF GEORGIA
PROCLAMATION
WHEREAS: Article V, Section II, Paragraph III of the Constitution empowers the Governor to convoke the General Assembly on extraordinary occasions to attend called sessions of the General Assembly for the purpose of considering the enactment of legislation specified by the Governor; and
WHEREAS: The following specified objectives are hereby determined and concluded by me to be of extraordinary importance to be considered by the General Assembly during a called session and prior to the convening of the General Assembly in regular session in 1982:
(1) The division of the State into appropriate districts from which members of the House of Representatives to the United States CoagreM shall be elected.
(2) The division of the State into appropriate districts from which members of the Georgia House of Representatives shall be elected.
14
JOURNAL OF THE SENATE
(3) The division of the State into appropriate districts from which members of the Georgia State Senate shall be elected.
(4) The adoption of a new and revised Code of the laws of this State.
(5) The adoption of a Supplementary Appropriations Act appropriating funds solely and for no other purpose than to begin the construction of the Georgia Bureau of Investigation Complex.
NOW, THEREFORE, PURSUANT TO THE POWER AND AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, I, GEORGE BUSBEE, do hereby convoke and call a meeting of the General Assembly of the State of Georgia to convene in extraordinary session at 10:00 A.M., on Monday, August 24, 1981, for the purpose of considering the enactment of legislation to accomplish the hereinabove specified objectives.
In Witness Whereof, I have hereunto set my hand and caused the Seal of the Executive Department to be affixed. This 13th day of August, 1981.
By the Governor
I si George Busbee Governor
Isi Tom Perdue Secretary, Executive Department
EXECUTIVE DEPARTMENT
THE STATE OF GEORGIA
PROCLAMATION
WHEREAS: Pursuant to my proclamation dated August 13, 1981, the General Assembly of the State of Georgia has been convoked and called to convene in extraordinary session on August 24, 1981, for the purpose of considering the enactment of legislation to accomplish five specified objectives; and
WHEREAS: I have determined and concluded that three additional objectives are of extraordinary importance and should be considered by the General Assembly during said called session and prior to the convening of the General Assembly in regular session in 1982.
NOW, THEREFORE, PURSUANT TO THE POWER AND AUTHORITY VESTED IN ME AS GOVERNOR OF THE STATE OF GEORGIA, I, GEORGE BUSBEE, do hereby amend my proclamation of
MONDAY, AUGUST 24, 1981
15
August 13, 1981, calling the General Assembly into extraordinary session by adding at the end of the second paragraph thereof the following:
"(6) The adoption of a resolution proposing a new Constitution for the State of Georgia.
(7) The adoption of a resolution proposing an amendment to the Constitution of the State of Georgia of 1976 to authorize the General Assembly to provide by law that tangible property, except mobile homes, motor vehicles and tangible property owned by public utilities, may be further subclassified for ad valorem taxation purposes.
(8) The adoption of a resolution proposing an amendment to Article V, Section I, Paragraph I of the Constitution of the State of Georgia of 1976, so as to provide for changes therein relative to the eligibility of a Governor to succeed himself and hold the Office of Governor again.",
so that when so amended, the second paragraph of said proclamation shall read as follows:
"WHEREAS, The following specified objectives are hereby determined and concluded by me to be of extraordinary importance to be considered by the General Assembly during a called session and prior to the convening of the General Assembly in regular session in 1982:
(1) The division of the State into appropriate districts from which members of the House of Representatives to the United States Congress shall be elected.
(2) The division of the State into appropriate districts from which members of the Georgia House of Representatives shall be elected.
(3) The division of the State into appropriate districts from which members of the Georgia State Senate shall be elected.
(4) The adoption of a new and revised Code of the laws of this State.
(5] The adoption of a Supplementary Appropriations Act appropriating funds solely and for no other purpose than to begin the construction of the Georgia Bureau of Investigation Complex.
(6) The adoption of a resolution proposing a new Constitution for the State of Georgia.
(7) The adoption of a resolution proposing an amendment to the Constitution of the State of Georgia of 1976 to authorize the General Assembly to provide that tangible property, except mobile homes, motor vehicles and tangible property owned by public utilities, may be further subclassified for ad valorem taxation purposes.
16
JOURNAL OF THE SENATE
(8) The adoption of a resolution proposing an amendment to Article V, Section I, Paragraph I of the Constitution of the State of Georgia of 1976, so as to provide for changes therein relative to the eligibility of a Governor to succeed himself and hold the Office of Governor again."
In Witness Whereof, I have hereunto set my hand and caused the Seal of the Executive Department to be affixed. This 21st day of August, 1981.
Is/ George Busbee Governor
By the Governor
Isl Tom Perdue Secretary, Executive Department
Senator Allgood of the 22nd asked unanimous consent to excuse Senator Wessels of the 2nd from all roll calls today and those days following until his return to the Senate after the death of his father. The consent was granted.
The President called for the morning roll call, and the following Senators answered to their names:
Allgood Ballard Barker Barnes Bell
Bond Bowen Brannon Brantley Broun of 46th Brown of 47th
Bryant Cobb Coleman Coverdell Deal Dean Eldridge
English Engram Fincher of 52nd Fincher of 54th Foster
Garner Gillis Greene Hill Holloway Horton
Howard Hudgins Hudson Kennedy Kidd Land Lester
Littlefield McGill McKenzie Reynolds Robinson
Scott starr Stephens Stumbaugh Summers Sutton
Tate Thompson Timmons Trulock Turner Tysmger Walker
Those not answering were Senators:
Evans
Wessels (excused)
MONDAY, AUGUST 24, 1981
17
The following resolutions of the Senate were read and put upon their adoption:
SR 1 EX. By Senators Eldridge of the 7th, Holloway of the 12th and Allgood of the 22nd:
A RESOLUTION
Adopting the Rules of the Senate; and for other purposes.
BE IT RESOLVED BY THE SENATE that, except as hereinafter provided, the Rules of the Senate in force at the adjournment of the regular 1981 session of the General Assembly of Georgia are hereby adopted as the Rules of the Senate for the extraordinary session of the General Assembly convening on August 24, 1981.
BE IT FURTHER RESOLVED that Senate Rule 119 is hereby amended by striking the rule in its entirety and inserting in lieu thereof a new rule to read as follows:
"Rule 119. Any bill or resolution shall be read a second time on the same legislative day that the bill or resolution is reported by the committee to which it was referred. No debate shall be admitted upon any bill or resolution at the first or second reading."
BE IT FURTHER RESOLVED that Senate Rule 190 is hereby amended by adding at the end of the list of standing committees the following:
"The Committee on Committees shall appoint a standing committee to be known as the 'Committee on Constitutional Revision' to be composed of 31 members, and the limitation on the number of committees on which a Senator may serve shall not apply to this committee."
On the adoption of the resolution, the yeas were 48, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
SR 2 EX. By Senators Holloway of the 12th, Allgood of the 22nd and Eldridge of the 7th:
A resolution to notify the House of Representatives that the Senate has convened.
On the adoption of the resolution, the yeas were 43, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
18
JOURNAL OF THE SENATE
Lieutenant Governor Zell Miller, President of the Senate, addressed the Senate as follows:
This is a day for the history books.
There have been previous special sessions for reapportionment and constitutional revision separately. But today we mark the first time in Georgia history that the General Assembly has been assembled in special session for both purposes.
I am not unmindful of the difficulties we face, because I've served in a number of special sessions.
I served during the first reapportionment session after the county unit system was declared unconstitutional, and I was only one of five Senators to come back after the redistricting was enacted. I hope next year's return rate will be better than that.
Later, I took part in the 53-day-long 1964 Special Session which worked on a new State Constitution that was never submitted to the people.
So I can appreciate the difficult tasks which lie before us, and the demands and pressures under which we will struggle to reconcile individual desires with the common good.
But I also believe this Senate is up to the job which must be done.
There never has been a special session for which greater preparation was made. More research and study have been done and more background work completed than ever before.
I think we are as prepared as any Senate ever has been to meet any challenge.
And I am optimistic that we are going to meet it and do so in a constructive and statesmanlike fashion.
But I want to serve notice here and now to anyone who may have come into this special session with attitudes that are less than constructive, that I am going to wield an impartial but firm gavel.
Realizing that reapportionment affects each one of you, and that selfpreservation is man's strongest intuition, I pledge to you that I shall make certain that all 56 Senators have full opportunity to be heard and are treated fairly and equally.
But I want to emphasize in the strongest terms that I will never allow a small group even if I agree with them to thwart the will of the majority in this body on any matter.
I view the role of the Presiding Officer as one of assuring that every Senator wishing to be heard on the merits of the bill, amendment or motion under consideration is heard and then that a vote is taken.
MONDAY, AUGUST 24, 1981
19
The Rules of this Senate were wisely and specifically designed to prevent filibusters, and I can assure you that there will be none under any guise. Final action will not be prevented or unduly delayed by dilatory tactics or manipulation of rules or procedures.
Anyone who has observed actions in the Senates of our sister states of Alabama and South Carolina even in recent weeks knows what filibusters and delaying tactics can do to the processes of a deliberative body, and I do not believe any Senator wishes to see such happen here in the Georgia Senate.
So, with that understood, let us go forward with our deliberations and carry them out to the end that the day of our adjournment will be every bit as historic as this day of our convening.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 1 EX. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution to notify the Senate that the House of Representatives has convened.
HR 2 EX. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution to notify the Governor that the General Assembly has convened.
The Speaker appointed as a committee of notification on the part of the House the following members thereof:
Representatives Triplett of the 128th, Fortune of the 71st, Richardson of the 52nd, Watson of the 114th, Parham of the 109th, Sizemore of the 136th and Hanner of the 130th.
HR 5 EX. By Representatives Murphy of the 18th, Connell of 87th, Vaughn of the 57th and others:
A resolution calling a Joint Session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor.
20
JOURNAL OF THE SENATE
The Speaker appointed as a committee of escort on the part of the House the following members thereof:
Representatives Balkcom of the 140th, Benn of the 38th, Castleberry of the 111th, Crawford of the 5th, Padgett of the 86th, Mann of the 13th and Walker of the 115th.
The following resolution of the House was read and put upon its adoption:
HR 2 EX. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution to notify the Governor that the General Assembly has convened.
On the adoption of the resolution, the yeas were 40, nays 0.
The resolution, having received the requisite constitutional majority, was adopted.
The President appointed as a Committee of Notification on the part of the Senate the following:
Senators Holloway of the 12th, Allgood of the 22nd, Gillis of the 20th, Turner of the 8th, Coverdell of the 40th, Eldridge of the 7th and Starr of the 44th.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 10:45 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.
TUESDAY, AUGUST 25, 1981
21
Senate Chamber, Atlanta, Georgia Tuesday, August 25, 1981
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
SR 2 EX. By Senators Holloway of the 12th, Allgood of the 22nd and Eldridge of the 7th:
A resolution to notify the House of Representatives that the Senate has convened.
The following communication was read by the Secretary:
THE STATE SENATE Atlanta, Georgia 30334
August 24, 1981
Mr. Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia
Dear Mr. Secretary:
Pursuant to SR 1 EX, adopted on August 24, 1981, the Committee on Committees has appointed the following Senators as members of the Standing Committee on Constitutional Revision:
Allgood, 22nd Ballard, 45th Barnes, 33rd
Bell, 5th Bond, 39th Broun, 46th
22
JOURNAL OF THE SENATE
Brown, 47th Deal, 49th Dean, 31st Eldridge, 7th Evans, 37th
Fincher, 54th Foster, 50th Gillis, 20th
Greene, 26th Hill, 29th
Holloway, 12th Howard, 42nd Kennedy, 4th
Kidd, 25th Lester, 23rd Littlefield, 6th McGill, 24th Reynolds, 48th
Starr, 44th Stumbaugh, 55th Tate, 38th
Thompson, 32nd Timmons, 11th
Tysinger, 41st Wessels, 2nd
Senator Barnes of the 33rd shall serve as Chairman of the Committee; Senator Wessels of the 2nd, Vice Chairman; and Senator Holloway of the 12th, Secretary.
SENATE COMMITTEE ON COMMITTEES
Is/ Zell Miller Lt. Governor
/s/ Al Holloway President Pro Tern
Isl Tom Allgood Majority Leader
The following bills and resolution of the Senate were introduced, read the first time and referred to committees:
SB 1 EX. By Senators Allgood of the 22nd, Gillis of the 20th, Kennedy of the 4th and others:
A bill to amend Code Section 47-102, relating to state senatorial districts, as amended, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators. Referred to Committee on Reapportionment.
SB 2 EX. By Senator Hudson of the 35th: A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
Referred to Committee on Reapportionment.
TUESDAY, AUGUST 25, 1981
23
SB 3 EX. By Senator Sutton of the 9th:
A bill to amend Code Section 47-102, relating to state senatorial districts, as amended, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators.
Referred to Committee on Reapportionment.
SR 3 EX. By Senators Barnes of the 33rd, Wessels of the 2nd, Holloway of the 12th and others:
A resolution proposing a new Constitution for the State of Georgia 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.
Referred to Committee on Constitutional Revision.
The President called for the morning roll call, and the following Senators answered to their names:
Allgood Barker Barnes Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English
Engram Evans Fincher of 52nd Fincher of 54th Garner Gillis Hill Holloway Horton Howard Hudson Kennedy Kidd Lester Littlefield
McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Turner Tysinger Walker
Those not answering were Senators:
Ballard Bell Bond
Coverdell
Foster Greene Hudgins
Land
Tate Timmons Trulock
Wessels (excused)
Senator Scott of the 43rd introduced the chaplain of the day, Reverend Jack H. Ballard, pastor of Mount Carmel Christian Church, Decatur, Georgia, who offered scripture reading and prayer.
Senator Horton of the 17th introduced the doctor of the day, Dr. Minta Zulkey, of Stockbridge, Georgia.
24
JOURNAL OF THE SENATE
The following resolution of the House was read and put upon its adoption:
HR 5 EX. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution calling a Joint Session of the House of Representatives and the Senate at 10:45 o'clock A.M. on August 25, 1981, for the purpose of hearing a message from His Excellency, Governor George Busbee, at 11:00 o'clock A.M.
The President appointed as a Committee of Escort on the part of the Senate the following:
Senators English of the 21st, Walker of the 19th, Kennedy of the 4th, Deal of the 49th, Bryant of the 3rd, Horton of the 17th and Scott of the 43rd.
Senator Allgood of the 22nd moved that the Senate recess at 10:25 o'clock A.M. until 10:45 o'clock A.M., the hour for the Joint Session of the Senate and House called for the purpose of hearing a message from His Excellency, Governor George Busbee, at 11:00 o'clock A.M., and that the Senate stand adjourned immediately upon dissolution of the Joint Session until 11:00 o'clock A.M. tomorrow.
On the motion, the yeas were 39, nays 0; the motion prevailed.
The hour for convening the Joint Session of the Senate and House having arrived, the President, accompanied by the Secretary and the Senators, proceeded to the Hall of the House of Representatives, and the Joint Session called for the purpose of hearing a message from His Excellency, Governor George Busbee, was called to order by the President of the Senate. HR 5 EX, authorizing the Joint Session of the Senate and House, was read by the Clerk of the House.
His Excellency, Governor George D. Busbee, addressed the Joint Session of the Senate and the House of Representatives as follows:
First, let me say that I realize that all of you would rather be back home making a living or snatching a last few days of vacation before the end of summer.
I appreciate your responding to my call for this extraordinary session a call that I have issued only one time previously during my two terms and one that I issue only in extreme circumstances.
My only previous call for a special session occurred in 1975 when we had to bite the bullet because of a declining economy and cut $176 million out of the budget. At the time, several popular programs were sacrificed, including property tax relief and cost-of-living increases for our teachers, University System personnel and state employees.
TUESDAY, AUGUST 25, 1981
25
However, we had no choice but to balance the budget and, as it turned out, most of the people of Georgia understood and appreciated what we had to do.
As we have to do every ten years following the census, you are here to reapportion congressional districts and house and senate districts. It is never an easy task. It is impossible to satisfy everyone. The status quo has to be upset in a few instances.
No one here relishes the task of having to draw district lines to conform with shifting populations, but it is a task that has to be done and the final product has to pass muster with the United States Department of Justice.
The other major task before us at this extraordinary session is constitutional revision. It is a challenge and an opportunity that we should not take lightly. It is an chance to modernize and streamline the basic document of our state which, because of hundreds upon hundreds of amendments, has become not only burdensome and unwieldy but the laughing stock of the nation.
For many of you sitting in this room today, it will be the third attempt to revise Georgia's Constitution since 1964.
As you will recall, that proposed new Constitution was approved by both the House and the Senate and marked the first time that a new document had won passage in both houses since 1945. But this document was never placed on the ballot for ratification because a lower federal court ruled that the revision effort was the product of a malapportioned legislature. That ruling was subsequently overturned by the federal appellate courts, but not in time to allow ratification to take place during the 1964 election.
The next major effort to revise the Constitution came in 1969 and 1970 when the House and Senate considered a proposed new Constitution recommended by the Constitutional Revision Commission of 1969. This document was approved by the House in 1970 but failed in the Senate.
The present effort to revise the Constitution began in 1976 when the General Assembly proposed and the people of Georgia ratified a proposed "NEW" Constitution of 1976. As you know, this constitution was not in fact new at all, but was merely a reorganization and editorial revision of the Constitution of 1945, and was prepared in order to permit the rewriting of the document of an article-by-article basis.
Following the ratification of the Constitution of 1976, the General Assembly established by joint resolution the Select Committee on Constitutional Revision to oversee the entire constitutional revision effort.
In 1977, the Select Committee appointed three article revision advisory committees of approximately 25 persons each to work on the revision of the elective franchise article, the judiciary article and the article relating to retirement systems and educational scholarships. The General
26
JOURNAL OF THE SENATE
Assembly in 1978 approved the proposed revision of these articles and they were submitted to the people for ratification in the 1978 General Election. However, these articles were not ratified in this election.
This failure of ratification was an unexpected setback for those of us involved in the revision effort because the proposed revisions had encountered no organized opposition in the House and Senate and had generated little or no controversy in the press, We did learn an important lesson, and that was the need for adequate public education on any proposed revision of the Constitution. We learned that if the voters do not understand or appreciate the changes embraced with any particular proposed amendment or revision, the likelihood that it will be approved is tenuous. And this is even more obvious in the case of an entire new Constitution.
If the people do not understand the proposed new Constitution when they walk into the voting booth in November 1982, they will not approve it. In order to prevent this from happening, we are planning an extensive public information and public education program.
Although we received a setback in 1978, it was decided that the ultimate goal was far too important to be abandoned and therefore it should continue. In July 1978, we appointed six more article committees to work on the remaining articles in the Constitution that were yet to be revised.
This effort involved a total of 231 citizens individuals who brought either expertise or just downright common sense to the discussions of each article.
The constitutional revision process of the past differed from this one in that one major aspect input by the citizens of Georgia. Previous efforts had been in the hands of carefully selected commissions.
This one differed in another major aspect input by a broad cross section of the House and Senate.
After discussions with the Lieutenant Governor, the Speaker and other legislators, it was decided that this constitutional revision effort would have a much greater chance for success if the final review and final draft came under the scrutiny of a large, broadly-based .committee from the House and Senate. Therefore, some 60 legislators 30 from the House and 30 from the Senate participated in many day-long sessions in which the product before today was finalized.
I want to publicly thank and commend the citizen members who participated in the articles committees and all of you in this General Assembly who had a hand in drafting a Constitution we can all be proud to support.
Admittedly, there were some elements that weakened the chances of passage either by this legislature or by the people in November 1982. However, the sensitivity of the members of the Legislative Overview Committee on Constitutional Revision, on the final day of its meetings,
TUESDAY, AUGUST 25, 1981
27
removed several bones of contention and I agreed to place two of the more controversial issues in the call for this special session so that, if this General Assembly so decides, the voters may deal with them as separate ballot questions.
It was felt that to leave already controversial matters in the body of the Constitution would only lessen the chances of passage in the general election.
Therefore, you will be deciding whether to place on the November 1982 ballot questions of whether tangible property may be sub-classified for ad valorem tax purposes and whether a governor should be limited to one term in office or be eligible to serve two if the voters so choose.
This special session will give us one last chance to achieve what we have all been seeking for these many years a Constitution for this state that we can all be proud of and that will serve the people well for generations to come.
It is my fear that if this final effort is not successful, the topic of constitutional revision will not have a major impetus to be placed on the legislative agenda again for a long, long time perhaps not again during this century.
As you enter your deliberations on constitutional revision, I ask that you keep in mind the true objectives of constitutional revision namely brevity, clarity and flexibility. These are very simple objectives, but they are most important in terms of what we are trying to accomplish.
The Georgia Constitution is presently one of the longest in the nation. And at every election it keeps getting longer and longer.
In the November 1980 general election, for example, the people were asked to vote on 16 general amendments and a total of 122 local amendments. It is alarming to think that this is over one-third of all of the constitutional amendments that were voted on that year in the entire nation.
Speaking of clarity, very few Georgians can pick up the present Georgia Constitution and understand very easily how their government operates. This is wrong. The proposed new Constitution uses simple, concise modern English and is organized in such a way that the average citizen with a minimum of difficulty can find out how their government operates and what their rights are in relation to that government.
Thirdly, constitutional revision should strive to achieve flexibility. You have all heard the outcry of protest from the voters when they are asked to approve constitutional amendments dealing with matters that are relatively insignificant. One of the finest actions taken by your Legislative Overview Committee was to eliminate local constitutional amendments in the future.
A study of local constitutional amendments ratified from 1959 through 1979 revealed that approximately 78 percent of all local amendments fell into seven general subject matter categories.
28
JOURNAL OF THE SENATE
These seven areas include tax exemptions, justice of the peace jurisdiction, county licensing and regulation of businesses in unincorporated areas, creation of special districts, development authorities, composition of county boards of education and revenue bonds. Of 633 local amendments in the period of 1959 through 1979, 494 fit roughly into these categories. With the elimination of local constitutional amendments, the General Assembly will have broader authority to deal with general matters while sensitive issues are left to the people through referenda.
I hasten to add that I also endorsed a complementary recommendation that all existing local constitutional amendments be continued in effect for a period of four years, and that during this time period they be reviewed by their respective local governing authorities to determine if they are still needed. If they are, they will be continued in effect without amendment or alteration; if they are not, they will be automatically repealed at the end of the four-year grace period.
In addition to constitutional revision, I also urge your close attention to other elements of my call for this extraordinary session. We have all been pleased with the advances in professionalism and ability to assist local law enforcement that has marked the progress of our Georgia Bureau of Investigation in recent years. We also know the extreme importance of the State Crime Laboratories to local law enforcement. We have seen on television the shameful spectacle of our State Crime Laboratory having to perform autopsies out in the open in a parking lot because of lack of space to do this most important work. The Speaker, the Lt. Governor and other legislators urged me to place this much needed capital expenditure in the call and, since the money is available, I readily concurred.
Therefore, I am recommending a single issue supplementary appropriation in the amount of $16.5 million for fiscal year 1982 to provide for the construction and equipping of a complex to house the present functions of the Georgia Bureau of Investigation.
This complex, planning for which is already complete, will consist of three connected structures, comprising approximately 148,000 square feet and will provide space for the administrative and investigative divisions and the Atlanta regional field personnel as well as complete facilities for the Georgia Crime Information Center and the State Crime Laboratory. This facility will be located in south DeKalb County at Panthersville and Clifton Springs Road. I ask your favorable consideration for this urgently needed facility.
Another important but non-controversial element of the call is code revision.
For the past four years a committee has been working to recodify the laws of Georgia. This painstaking effort has not been exciting legislative duty but a very necessary task if we are to have a modern easily researched code.
TUESDAY, AUGUST 25, 1981
29
In closing, I again would like to stress the hours devoted to this proposed Constitution by the 231 committee members who collectively devoted 3,000 manhours of study, deliberation and debate and the subsequent day-long deliberations of the Legislative Overview Committee. This Constitution does contain the elements of brevity, clarity and flexibility and is worthy of your consideration and approval.
There has been considerable speculation in the press that this legislature does not have the interest or the ability to take the work product of these 231 individuals and 60 legislators and come up with a modern, concise Constitution which the people will ratify. Those doomsayers are not aware of the toil which went into this product and the input of the 60 members of the Legislative Overview Committee. This product is reflective of the wishes of the General Assembly and I predict that we will at last bring to the people of Georgia a Constitution they can enthusiastically ratify at the polls.
Senator Allgood of the 22nd moved that the Joint Session, be dissolved, and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.
Pursuant to the provisions of a previously adopted motion, at 12:00 Noon the Senate stood adjourned until 11:00 o'clock A.M. tomorrow.
30
JOURNAL OF THE SENATE
Senate Chamber, Atlanta, Georgia Wednesday, August 26, 1981
The Senate met pursuant to adjournment at 11:00 o'clock A.M. today and was called to order by the President.
Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following bill of the House:
HB 2 EX. By Representatives Snow of the 1st, Walker of the 115th, Murphy of the 18th and others:
A bill to enact the statutory portion of the codification of Georgia laws prepared by the Code Revision Commission and the Michie Company; to provide for a statement of purpose; to provide for the publication of the Official Code of Georgia Annotated.
The following bill of the House was read the first time and referred to committee:
HB 2 EX. By Representatives Snow of the 1st, Walker of the 115th, Murphy of the 18th and others:
A bill to enact the statutory portion of the codification of Georgia laws prepared by the Code Revision Commission and the Michie Company; to provide for a statement of purpose; to provide for the publication of the Official Code of Georgia Annotated.
Referred to Committee on Judiciary.
The following report of a standing committee was read by the Secretary:
WEDNESDAY, AUGUST 26, 1981
31
Mr. President:
Your Committee on Reapportionment has had under consideration the following bills of the Senate and has instructed me to report the same back to the Senate with the following recommendations:
SB 1 EX. Do pass by substitute. SB 3 EX. Do not pass.
Respectfully submitted, Senator Hudson of the 35th District, Chairman
The following bill of the Senate was read the second time:
SB 1 EX. By Senators Allgood of the 22nd, Gillis of the 20th, Kennedy of the 4th and others:
A bill to amend Code Section 47-102, relating to state senatorial districts, as amended, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators.
Senator Thompson of the 32nd introduced the chaplain of the day, Dr. M.J.W. Frady, pastor of Calvary Baptist Church of Smyrna, in Smyrna, Georgia, who offered scripture reading and prayer.
The President called for the morning roll call, and the following Senators answered to their names:
Allgood Ballard Barker
Barnes Bell
Bond Bowen Brannon Broun of 46th
Brown of 47th Bryant Cobb
Coleman Coverdell Deal
Dean Eldridge English
Engram Evans
Fincherof 52nd Fincher of 54th Foster Garner
Gillis Greene Hill
Holloway Horton Howard
Hudgins Hudson Kennedy
Kidd Land
Lester Littlefield McGill McKenzie
Reynolds Robinson Scott
Starr Stephens Stumbaugh
32
JOURNAL OF THE SENATE
Summers Sutton Tate
Thompson Timmons Trulock
Not answering were Senators Brantley and Wessels.
Turner Tysinger Walker
Senator Allgood of the 22nd moved that the Senate stand in recess from 11:25 o'clock A.M. until 3:00 o'clock P.M. today, and at 3:10 o'clock P.M. stand adjourned until 10:00 o'clock A.M. tomorrow.
The motion prevailed.
At 3:00 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, called the Senate to order.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following bill of the House:
HB 1 EX. By Representatives Harris of the 8th, Lambert of the 112th, Murphy of the 18th and others:
A bill to provide a supplementary appropriation for the Georgia Department of Administrative Services for the fiscal year ending June 30, 1982, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein; to provide an effective date.
The following bill of the House was read the first time and referred to committee:
HB 1 EX. By Representatives Harris of the 8th, Lambert of the 112th, Murphy of the 18th and others:
A bill to provide a supplementary appropriation for the Georgia Department of Administrative Services for the fiscal year ending June 30, 1982, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein; to provide an effective date. Referred to Committee on Appropriations.
Pursuant to the provisions of a previously adopted motion, at 3:10 o'clock P.M. the Senate stood adjourned until 10:00 o'clock A.M. tomorrow.
THURSDAY, AUGUST 27, 1981
33
Senate Chamber, Atlanta, Georgia Thursday, August 27, 1981
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following report of a standing committee was read by the Secretary:
Mr. President:
Your Committee on Appropriations has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 1 EX. Do pass.
Respectfully submitted, Senator Broun of the 46th District, Chairman
The following bill of the House was read the second time:
HB 1 EX. By Representatives Harris of the 8th, Lambert of the 112th, Murphy of the 18th and others:
A bill to provide a supplementary appropriation for the Georgia Department of Administrative Services for the fiscal year ending June 30, 1982, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein; to provide an effective date.
The President called for the morning roll call, and the following Senators answered to their names:
Allgood Ballard Barker
Barnes Bell Bowen
Brannon Brantley Brown of 47th
34
JOURNAL OF THE SENATE
Bryant Cobb Coleman Deal Dean Eldridge English Engram
Fincher of 52nd Fincher of 54th Foster Gillis Greene
Hill Holloway Horton Howard Hudgins Kennedy Kidd Lester
Littlefield McGill McKenzie Reynolds Robinson
Those not answering were Senators:
Bond Broun of 46th
Coverdell
Evans Garner
Hudson
Scott Starr Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Land Stumbaugh
Senator Summers of the 53rd introduced the chaplain of the day, Reverend James Byler, pastor of the First Baptist Church, LaFayette, Georgia, who offered scripture reading and prayer.
SENATE CALENDAR
Thursday, August 27, 1981
SB 1 EX. Senatorial Districts composition and number (Sub) (Reappor 22nd)
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 1 EX. By Senators Allgood of the 22nd, Gillis of the 20th, Kennedy of the 4th and others:
A bill to amend Code Section 47-102, relating to state senatorial districts, as amended, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators.
The Senate Committee on Reapportionment offered the following substitute to SB 1 EX:
A BILL
To be entitled an Act to amend Code Section 47-102, relating to state senatorial districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Session., p. 69), an Act ap-
THURSDAY, AUGUST 27, 1981
35
proved March 16, 1972 (Ga. Laws 1972, p. 237), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1233), so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators; to provide when the Senators elected shall take office; to provide for the continuation of present senatorial districts until a certain time; to provide definitions; to provide for other matters relative to the foregoing; to incorporate the provisions of Code Section 47-102, relating to state senatorial districts, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, into the Official Code of Georgia Annotated; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-102, relating to state senatorial districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 69), an Act approved March 16, 1972 (Ga. Laws 1972, p. 237], and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1233), is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 47-102 to read as follows:
"47-102. (a] There shall be 56 members of the Senate, and such membership shall be apportioned among the senatorial districts provided for in this Code section. Each Senate district shall be composed of a portion of a county, or a county, or counties, or a combination thereof, as provided for hereinafter, and shall be represented by one Senator.
District No. 1
Chatham Tracts 29, 30, 34, 35.01, 35.02, 38, 39, 40.01, 40.02, 41, 42.02 through 42.04, 101.01, 102, 105, and 106.03 Tract 108.02 Blocks 217 through 237, 302, 304 through 314, and 319 through 329 Block Groups 4 and 9 Tracts 109, 110.01, 110.02, and 111.01 through 111.03
District No. 2
Chatham Tracts 1, 3, 3.99, 6.01, 6.02, 8 through 13, 15, 17 through 28, 32, 33.01, 33.02, 36.01,36.02,37, 43 through 45, 101.01, 106.01, 106.04, 106.05, 106.99, and 107
36
JOURNAL OF THE SENATE
District No. 3
Bryan Tracts 202 and 203
Chatham Tract 108.01 Tract 108.02 Block Group 1 Blocks201 through216, 301, and315 through 318
Glynn Tracts 9902 through 9907 and 9907.99 Tract 9908 Block Group 1
Liberty Mclntosh
District No. 4
Bryan Tract 201
Bulloch Candler Effingham Evans Long Tattnall
District No. 5
DeKalb Tract 215 Blocks 102 through 110, 113 through 115, 130, and 131 Block Group 2 Tracts 216.01 through 216.03, 217.01, 217.02, and 218.02 through 218.04 Tracts 219.01 Blocks 109 through 115, 117, 127, 129 through 135, and 140 Tracts 219.02 and 220.01 Tract 220.02 Blocks 205, 207, 208, 210 through 212, 231 through 234, 238 through 240, 401, 403, 404, 413, 414, 425, and 426 Tract 223.02 Tract 224.02 Blocks 101 through 103, 105, 201, 203 through 206, 211 through 215, 217 through 220, and 223 through 228
THURSDAY, AUGUST 27, 1981
37
District No. 6
Appling Tract 9901 Block Group 3 Tracts 9902 and 9903
Bacon Brantley Camden Charlton Glynn
Tract 9901 Tract 9908
Block Groups 2 through 5 Pierce Wayne
District No. 7
Atkinson Berrien Clinch Lanier Tift Ware
District No. 8
Brooks Cook Echols Lowndes
District No. 9
Gwinnett Tracts 503.01 through 503.03, 504.01 through 504.05, 507.01, and 507.02 Tract 507.03 Blocks 204 through 213 Tract 507.04
District No. 10
Colquitt That part of Tract 9901 outside the City of Moultrie Tract 9902 Blocks 101 through 105 and 114 Tract 9903 Blocks 101, 105 through 110, 113 through 116, and 118 Block Group 2 Blocks 305 through 317, 326, 331, and 334
38
JOURNAL OF THE SENATE
Block Groups 4 through 7 Those parts of Tracts 9904 through 9906
outside the City of Moultrie Decatur Grady Thomas
District No. 11
Baker Calhoun Chattahoochee
Tract 201 Tract 202, a portion of Fort Benning Clay Early Miller Mitchell Quitman Randolph Seminole Stewart Webster
District No. 12
Dougherty
District No. 13
Ben Hill Colquitt
That part of Tract 9901 within the City of Moultrie
Tract 9902 Blocks 106 through 108, 110 through 113, 115 through 120, and 122 through 137 Block Groups 2 through 6
Tract 9903 Blocks 102 through 104, 111, 112,302 through 304, 318, through 325, 327 through 330, 332, and 333
Those parts of Tracts 9904 through 9906 within the City of Moultrie
Crisp Dooly Irwin Turner Worth
District No. 14
Lee Macon Peach
THURSDAY, AUGUST 27, 1981
39
Tract 401 Block Group 1 Those parts of Blocks 202 and 206 within the City of Byron Blocks 207 through 209 Those parts of Blocks 210 and 212 within the City of Byron Blocks 213 through 247 and 250 Block Group 3
Tracts 402, 403.01, 403.02, and 404 Schley Sumter Taylor Terrell
District No. 15
Chattahochee Tract 202, a portion of Fort Benning
Muscogee Tracts 22 through 25, 27, 28, 29.01, 29.02, 30 through 34, 106.02 through 106.04, 107.01 through 107.03, 108 and 109
District No. 16
Marion Muscogee
Tracts 1 through 16, 18 through 21, 26, 101.01, 101.02, 102.01, 102.02, 103.01, 103.02, 104.01, 104.02, 105, and 110
Talbot
District No. 17
Butts Clayton
Tract 404.05 Blocks 308 and 309
Tract 405.02 Tract 405.04
That part of Block 330 outside the City of Riverdale
Tract 405.05 Those parts of Blocks 221 and 224 outside the City of Riverdale Block 225 That part of Block 301 outside the City of Riverdale Blocks 302 through 309 That part of Block 310 outside the City of Riverdale Blocks 311 through 313
40
JOURNAL OF THE SENATE
Block Groups 4 and 5 That part of Block 601 outside the City
of Riverdale Blocks 602 through 608 Tract 405.06 Tract 406.03 Block Group 1 That part of Block 603 within the City
of Jonesboro Block Group 7 Tracts 406.04 through 406.08 Henry
District No. 18
Crawford Houston Peach
Tract 401 Block 201 That part of Block 202 outside the City of Byron Blocks 203 through 205 Those parts of Blocks 206 and 210 outside the City of Byron Block 211 That part of Block 212 outside the City of Byron
Twiggs
District No. 19
Bleckley Coffee Dodge Jeff Davis Pulaski Telfair Wilcox
District No. 20
Appling Tract 9901 Block Groups 1 and 2
Johnson Laurens Montgomery Toombs Treutlen Washington
Tract 9903 Blocks 106 through 130 and 135 through 199
THURSDAY, AUGUST 27, 1981
41
Block Groups 2 and 3 Tract 9904
Blocks 104 through 156 Block Groups 3 and 4 Wheeler
District No. 21
Burke Emanuel Glascock Jefferson Jenkins Screven Washington
Tracts 990 land 9902 Tract 9903
Blocks 101 through 105 and 131 through 134
Block Group 4 Tract 9904
Blocks 101 through 103 and 157 through 159
Block Group 2
District No. 22
Richmond Tract 1 Block Groups 1 through 4 Blocks 501 through 513 That part of Block 517 within the City of Augusta Tracts 2 through 4 and 6 through 15 Tract 16 Block Group 1 Blocks 205 through 211, 213 through 215, and 217 Those parts of Blocks 225 through 228, 230, 231, and 233 within the City of Augusta Blocks 512 through 515, 907, and 908 Those parts of Blocks 909 through 911 within the City of Augusta Block 912 Tracts 101.01 through 101.03 Tract 102.01 Blocks 413 and 414 Tract 102.02 Block Group 1 Blocks 201 through 218, 220 through 232, 245, 415, and 416 Block Group 7 Blocks 902 through 904
42
JOURNAL OF THE SENATE
Tracts 103 and 104 Tract 105.04
Blocks 137 through 149 Tract 106 Tract 108, a portion of Fort Gordon
District No. 23
Columbia Tract 305 Block Groups 4 and 5
Richmond Tract 1 Block 515 That part of Block 517 outside the City of Augusta Blocks 518 through 521 and 525 Tract 16 Blocks 221 through 223 Those parts of Blocks 225 through 228 outside the City of Augusta Block 229 Those parts of Blocks 230 and 231 outside the City of Augusta Block 232 That part of Block 233 outside the City of Augusta Block 235 Block Groups 3 and 4 Blocks 516, 517, and 523 Block Group 6 Those parts of Blocks 909 through 911 outside the City of Augusta Tract 102.01 Block Groups 1 and 2 Blocks 402, 404, 405, 407 through 411, and 425 through 432 Tract 102.02 Blocks 219, 233 through 240, 418, 419, 421, and 432 through 441 Block Groups 5 and 6 Block 901 Tract 105.04 Blocks 101 through 107, 110 through 112, 114 through 116, 118, 119, 121, and 125 through 127 Block Group 9 Tracts 105.05 through 105.11, 107.01, and 107.02 Tract 108, a portion of Fort Gordon Tracts 109.01 and 109.02
THURSDAY, AUGUST 27, 1981
43
District No. 24
Columbia Tracts 301 through 304 Tract 305 Block Groups 1 through 3 and 9
Greene Lincoln McDuffie Oglethorpe Taliaferro Warren Wilkes
District No. 25
Baldwin Hancock Jasper Jones Morgan Putnam Wilkinson
District No. 26
Bibb Tract 101 Tract 102 Block Groups 1 and 2 Blocks 311 through 313 Block Group 4 Tracts 103 through 116, 117.01, 117.02, and 119 Tract 120 Block Group 1 Tract 122 Blocks 101 through 103 and 109 through 117 Tract 123 That part of Tract 124 inside the City of Macon Tracts 125 through 130, 133.01, 133.02, 135.01, and 135.02
District No. 27
Bibb Tract 102 Blocks 301 through 310 Tract 118 Tract 120 Block Groups 2 and 3 Tract 121 Tract 122 Blocks 105, 107, and 108 Block Groups 2 and 3
44
JOURNAL OF THE SENATE
That part of Tract 124 outside the City of Macon
Tracts 131.01, 131.02, 132.01, 132.02, 134.01, 134.02, 136.01, and 136.02
Lamar Monroe Upson
District No. 28
Coweta Pike Spalding
District No. 29
Carroll Tract 9905 Blocks 320 through 356 Block Group 4 Blocks 503, 504, and 506 through 520 That part of Block 521 within the City of Bowdon Blocks 522 through 537
Harris Heard Meriwether Troup
District No. 30
Carroll Tracts 9901 through 9904 Tract 9905 Block Groups 1 and 2 Blocks 301 through 309, 311 through 319, 357, 358, 501, 502, and 505 That part of Block 521 outside the City of Bowdon Tracts 9906 and 9907
Douglas Tracts 802 through 804, 805.01, 805.02, and 806
District No. 31
Bartow Tract 9901 Block Group 3 Tract 9902 Those parts of Blocks 221 and 301 within the City of Cartersville Blocks 314 and 315 That part of Block 316 within the City of Cartersville
THURSDAY, AUGUST 27, 1981
45
Blocks 330, 331, 334, and 336 That part of Block 338 within the City
of Cartersville Blocks 398 and 399 Tract 9904 Tract 9905 That part of Block 104 within the City
of Cartersville Blocks 105 through 111 That part of Block 112 within the City
of Cartersville Block 113 Those parts of Blocks 201, 205, and
208 within the City of Cartersville Blocks 209 through 232 and 238 through
248 Block Group 3 Blocks 401 through 424 That part of Block 425 within the City
of Cartersville Tracts 9906 and 9907 Haralson Paulding Polk
District No. 32
Cobb Tract 303.06 Blocks 302 through 311 Tracts 304.01 through 304.03 Tract 305 Block Groups 2 through 8 Tracts 306, 310.01, 311.01 through 311.03, 311.05 through 311.07, 312.01, and 312.02
District No. 33
Cobb Tracts 307 through 309, 310.02, 310.03, 313.01, 313.02, 313.04 313.05, 314.01, 314.02, and 315
District No. 34
Douglas Tract 901
Fayette Fulton
Tracts 103, 104, 105.03 through 105.06, and 106.02
46
JOURNAL OF THE SENATE
District No. 35
Fulton Tract 74 Tract 75 Blocks 109, 113, and 114 Block Groups 2 and 3 Tracts 76.01, 76.02, 77.01, 77.02, 78.02 106.01, 107 through 111, 112.01, 112.02, 113.01, and 113.02
District No. 36
Fulton Tracts 13, 14, and 16 through 20 Tract 21 Blocks 113 and 117 through 120 Block Groups 2 and 3 Tracks 27 through 33, 35, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56, 64, 67, 68.01, 68.02, and 69 through 73
District No. 37
Cherokee Tracts 905 and 907 through 911
Cobb Tracts 301, 302.01 through 302.03, and 303.01 through 303.03 Tract 305 Block Group 1
District No. 38
Fulton Tracts 40, 41, 60, 61, 66.02, 78.03, 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 86.01, and 86.02
District No. 39
Fulton Tracts 6 through 8, 10.95, 11, and 12 Tract 21 Blocks 101 through 111 and 114 through 116 Tracts 22 through 26, 36 through 39, 42.95, 43, 44, 57, 58, 62, 63, 65, and 66.01 Tract 75 Blocks 101, 103 through 105, and 110 through 112 Block Groups 4 and 5 Tracts 85, 87.01, 87.02, 88, and 89
THURSDAY, AUGUST 27, 1981
47
District No. 40
Fulton Tracts 1, 2, 4, 5, 15, 90 through 100, 101.01, and 101.03 Tract 101.04 Block Groups 1 and 2 Blocks 301 through 306 and 308 Block Group 5 Tract 102.01
District No. 41
DeKalb Tracts 211, 212.02 through 212.07, 213.01 through 213.04, and 214.01 through 214.04
District No. 42
DeKalb Tracts 201 through 209 Tract 215 Blocks 111, 112, 116, 117, 119 through 129, 132, and 133 Tract 224.01 Tract 224.02 Blocks 108 through 111, 113 through 115, 221, and 222 Tracts 224.03, 225, 226, 231.01, 235.01, 235.02, 236, 237, and 238.01
District No. 43
DeKalb Tracts 231.03, 232.02, 232.03, 233.04, 234.03 through 234.07, 235.03, 238.02, and 238.03
District No. 44
Clayton Tracts 401, 402, 403.01 through 403.05, and 404.01, through 404.03 Tract 404.05 Block Groups 1 and 2 Blocks 301 through 307 Tracts 404.06 and 405.03 Tract 405.04 Block Groups 1 and 2 Blocks 309 through 312, 315, 316, and 318 through 329 That part of Block 330 within the City of Riverdale
48
JOURNAL OF THE SENATE
Blocks 331 through 334 Block Group 4 Tract 405.05 Blocks 212 through 220 That part of Block 221 within the City
of Riverdale
Blocks 222 and 223 That part of Block 224 within the City
of Riverdale
Block 226 Those parts of Blocks 301, 310, and 601
within the City of Riverdale Blocks 609 and 610 Tract 406.03 Block Groups 2 through 5 Blocks 601 and 602 That part of Block 603 outside the City
of Jonesboro Blocks 604 and 605 Block Group 9
District No. 45
Newton Rockdale Walton
District No. 46
Clarke Jackson
Tract 9901 Tract 9904
Block Groups 1, 5, and 6 Oconee
District No. 47
Banks Elbert Franklin Hart Jackson
Tracts 9902 and 9903 Tract 9904
Block Groups 2 through 4 Madison
District No. 48
Barrow Gwinnett
Tracts 501, 502.01, 502.02, 505.01 through 505.05, and 506
THURSDAY, AUGUST 27, 1981
49
Tract 507.03 Block Group 1 Blocks 201 through 203 and 214 Block Groups 3 through 8
Tract 507.05
District No. 49
Forsyth Tracts 1301 through 1305
Hall
District No. 50
Dawson Habersham Lumpkin Rabun Stephens Towns Union White
District No. 51
Cherokee Tracts 901 through 904 and 906
Fannin Gilmer Gordon Pickens Whitfield
Tract 9905 Blocks 32 land 322
Tract 9907 Blocks 101 through 105 That part of Block 106 outside the City of Dalton Blocks 126 through 130 and 201 Those parts of Blocks 202 and 203 outside the City of Dalton Blocks 301 and 304 through 307 Those parts of Blocks 308 and 310 outside the City of Dalton Blocks 311 through 318 That part of Block 319 outside the City of Dalton Block 320
Tract 9910 Blocks 101 through 124 That part of Block 125 outside the City of Dalton Blocks 126 through 133 Those parts of Blocks 213, 242, 244, and 245 outside the City of Dalton
50
JOURNAL OF THE SENATE
Blocks 301 through 303 That part of Block 304 outside the City
of Dalton Blocks 305 through 318 Block Groups 4 through 6 That part of Block 704 outside the City
of Dalton Tract 9911
Block Groups 2 through 4
District No. 52
Bartow Tract 9901 Block Groups 1 and 2 Tract 9902 Block Group 1 Blocks 201 through 220 That part of Block 221 outside the City of Cartersville Blocks 222 through 238 That part of Block 301 outside the City of Cartersville Blocks 302 through 313 That part of Block 316 outside the City of Cartersville Blocks 317 through 329, 332, 333, 335, and 337 That part of Block 338 outside the City of Cartersville Blocks 339 through 348 Tract 9903 Tract 9905 Blocks 101 through 103 Those parts of Blocks 104 and 112 outside the City of Cartersville Blocks 114 through 116 and 118 That part of Block 201 outside the City of Cartersville Blocks 202 through 204 That part of Block 205 outside the City of Cartersville Blocks 206 and 207 Those parts of Blocks 208 and 425 outside the City of Cartersville Blocks 426 and 427 Block Group 6
Floyd
District No. 53
Catoosa Tract 306 Blocks 146 through 148 and 152
THURSDAY, AUGUST 27, 1981
51
Those parts of Blocks 164, 166, and 167 within the City of Fort Oglethorpe
Block 199 Those parts of Blocks 222 and 223 within
the City of Fort Oglethorpe Block 231 That part of Block 338 within the City
of Fort Oglethorpe Tract 307
Blocks, 101, 107, 108, 110, 111, and 113 That part of Block 120 within the City
of Fort Oglethorpe Blocks 121, 122, 133, 138 and 139 That part of Block 140 within the City
of Fort Oglethorpe Blocks 142 and 143 Those parts of Blocks, 154, 156, and 159
within the City of Fort Oglethorpe Block 160 That part of Block 161 within the City
of Fort Oglethorpe Blocks 162 through 164 That part of Block 201 within the City
of Fort Oglethorpe Blocks 202 through 204, 206 through 208,
211, 214 through 217, 219 through 224, 244 through 246, 249, and 261 That part of Block 262 within the City of Fort Oglethorpe Block 263 That part of Block 264 within the City of Fort Oglethorpe Blocks 265, 266, 268, and 269 That part of Block 271 within the City of Fort Oglethorpe Blocks 275 and 276 Those parts of Blocks 277 and 297 within the City of Fort Oglethorpe Blocks 306 and 308 through 316 That part of Block 319 within the City of Fort Oglethorpe Blocks 320 through 331 and 341 thron.rh 343 Chattooga Dade Walker
District No. 54
Catoosa Tracts 301 thorugh 305 Tract 306 Blocks 101 through 107, 113 through 117, 119, 120, 122 through 128, and 138
52
JOURNAL OF THE SENATE
Those parts of Blocks 164, 166, 167, 222, and 223 outside the City of Fort Oglethorpe
Blocks 228, 229, 232, 242, 244, 245, 251, 301 through 303, 305 through 307,
310 through 312, 315, 316, and 320 through 327 That part of Block 338 outside the City of Fort Oglethorpe
Blocks 339, 340, 342, and 343 Block Group 4 Tract 307 Those parts of Blocks 120, 140, and 154
outside the City of Fort Oglethorpe
Block 155 That part of Block 156 outside the City
of Fort Oglethorpe Blocks 157 and 158 Those parts of Blocks 159 and 161
outside the City of Fort Oglethorpe Blocks 165 and 166 That part of Block 201 outside the City
of Fort Oglethorpe Blocks 248 and 252 Those parts of Blocks 262, 264, and 271
outside the City of Fort Oglethorpe Blocks 272 through 274 Those parts of Blocks 277, 297, and 319
outside the City of Fort Oglethorpe
Block Group 4 Murray Whitfield
Tracts 9901 through 9904 Tract 9905
Block Groups 1 and 2 Blocks 301 through 310 and 312 through
320 Tract 9906 Tract 9907
That part of Block 106 within the City of Dalton
Blocks 107 through 125 and 131 through 144
Those parts of Blocks 202 and 203 within the City of Dalton
Blocks 204 through 207, 209 through 215, 302, and 303
That part of Block 308 within the City of Dalton
Block 309
Those parts of Blocks 310 and 319 within the City of Dalton
Tracts 9908 and 9909 Tract 9910
THURSDAY, AUGUST 27, 1981
53
That part of Block 125 within the City of Dalton
Blocks 138, 139, and 201 through 212 That part of Block 213 within the City
of Dalton Blocks 214 through 241 That part of Block 242 within the City
of Dalton Block 243 Those parts of Blocks 244 and 245 within
the City of Dalton Blocks 247 through 250 That part of Block 304 within the City
of Dalton Blocks 701 through 703 That part of Block 704 within the City
of Dalton Blocks 705 throgh 707 Block Group 8 Tract 9911 Block Group 1
District No. 55
DeKalb Tract 219.01 Blocks 119 through 124, 128, 136 through 139, 150, and 151 Block Groups 2, 4, 5, and 9 Tract 219.03 Tract 220.02 Blocks 214, 216 through 222, 224 through 229, 235, and 236 Block Group 3 Blocks405 through412and415 Tracts 220.03, 221, 222, 223.01, 227 through 230, 231.02, 231.04, 232.01, and 233.01 through 233.03
District No. 56
Cobb Tracts 303.04 and 303.05 Tract 303.06 Block Groups 1 and 2 Block 301 Block Groups 4 through 6 and 9
Forsyth Tract 1306
Fulton Tract 101.04 Block 307 Block Group 4 Tracts 102.02, 114.01, 114.02, 115, and 116
54
JOURNAL OF THE SENATE
(b) A member of the Senate must be a resident of the district which he represents and at the time of his election must have been a resident of the territory embraced within such district for at least one year preceding such time. Each Senator shall be elected only by the voters of his senatorial district.
(c) The first members of the Senate elected pursuant to this Code section shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 1983. Until that time the membership of the Senate elected in 1980 shall continue to serve and shall represent the districts from which elected; and until that time the composition of the districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primary and general elections of 1982 for the purpose of electing members of the Senate in 1982 who are to take office in 1983. Successors to those members shall likewise be elected under this Code section.
(d) For the purposes of this Code section:
(1) The terms 'Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any senatorial district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
(e) Any part of the State of Georgia which is not included in any Senate district described in this Code section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia."
Section 2. Code Section 47-102, relating to senatorial districts, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 28-2-2 and shall be substituted in lieu of and shall become Code Section 28-2-2 of the Official Code of Georgia Annotated.
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 4. (a) Except as provided in subsection (b), this Act shall become effective when signed by the Governor or upon its becoming law without his signature.
THURSDAY, AUGUST 27, 1981
55
(b) Section 2 of this Act shall become effective November 1, 1982, but only in the event that the Official Code of Georgia Annotated becomes law by such date. If the Official Code of Georgia Annotated does not become law by such date, Section 2 shall be null and void and shall stand repealed in its entirety.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Allgood of the 22nd offered the following amendment:
Amend the substitute to SB 1 EX offered by the Senate Committee on Reapportionment by striking the description of Senate District No. 11 in its entirety and substituting in lieu thereof the following:
"District No. 11
Baker Calhoun Chattahoochee
Tract 201 That part of Tract 202 lying on the
southwesterly side of the following line which bisects Tract 202: begin at the point of intersection of the county line between Muscogee and Chattahoochee counties and Santa Fe Road; thence proceed in a southerly direction along Sante Fe Road to the point of intersection of Sante Fe Road and First Division Road; thence proceed in a southwesterly direction along First Division Road to the point of intersection of First Division Road and Dixie Road; thence proceed from said point of intersection in a generally southeasterly direction in a direct line to the confluence of Harps Mill Creek and Oswichee Creek; thence proceed in an easterly direction along Oswichee Creek to its point of intersection with the dividing line between Tract 201 and Tract 202, said dividing line being as shown on the United States Army 1976 Family Housing Area Designation map for Fort Benning, the census map for the United States decennial census of 1980 for the State of Georgia, and the Georgia Department of Transportation
56
JOURNAL OF THE SENATE
1976 general highway map of Chattahoochee County Clay Early Miller Mitchell Quitman Randolph Seminole Stewart Webster"
By striking the description of Senate District No. 15 in its entirety and substituting in lieu thereof the following:
"District No. 15
Chattahoochee That part of Tract 202 not within Senate District No. 11
Muscogee Tracts 22 through 25, 27, 28, 29.01, 29.02, 30 through 34, 106.02 through 106.04, 107.01 through 107.03, 108, and 109"
By striking the description of Senate District No. 22 and Senate District No. 23 in their entirety and substituting in lieu thereof the following:
"District No. 22
Richmond Tract 1 Block Groups 1 through 4 Blocks 501 through 513 and 517 Tracts 2 through 4 and 6 through 15 Tract 16 Block Group 1 Blocks 205 through 211,213through 215, and 217 Those parts of Blocks 225 through 228, 230, 231, and 233 within the City of Augusta Blocks 512 through 515, 907, and 908 Those parts of Blocks 909 through 911 within the City of Augusta Block 912 Tracts 101.01 through 101.03 Tract 102.01 Blocks 413 and 414 Tract 102.02 Block Group 1 Blocks 201 through 218, 220 through 232,245,415, and 416
THURSDAY, AUGUST 27, 1981
57
Block Group 7 Blocks 902 through 904 Tracts 103 and 104 Tract 105.04 Blocks 137 through 149 Tract 106
That part of Tract 108 on the northeastern side of the following line which bisects Tract 108: beginning at the point of intersection of U.S. Highway 78 and 19th Street at Gate 2; proceed along 19th Street in a southerly direction to the point of intersection of 19th Street and 7th Avenue; proceed thence along 7th Avenue in an easterly direction to the point of intersection of 7th Avenue and 29th Street; proceed along 29th Street in a southerly direction to the point of intersection of 29th Street and 6th Avenue; proceed along 6th Avenue in an easterly direction to the point of intersection of 6th Avenue and Headquarters Road; proceed along Headquarters Road in a northerly direction to the point of intersection of Headquarters Road and 7th Avenue; proceed along 7th Avenue in an easterly direction to the point of intersection of 7th Avenue and 34th Street; proceed along 34th Street in a southerly direction to the point of intersection of 34th Street and 4th Avenue; proceed along 4th Avenue in a southeasterly direction to the point of intersection of 4th Avenue and 37th Street; proceed along 37th Street in a northeasterly direction to the
point of intersection of 37th Street and 5th Avenue; proceed along 5th Avenue in a southeasterly
direction to the point of intersection of 5th Avenue and 38th Street; proceed along 38th Street in a northeasterly direction to the point of intersection of 38th Street and 7th Avenue; proceed along 7th Avenue in a southeasterly
58
JOURNAL OF THE SENATE
direction to the point of intersection of 7th Avenue and 40th Street; proceed along 40th Street in a southwesterly direction to the point of intersection of 40th Street and 5th Avenue; proceed along 5th Avenue in a southeasterly direction to the point of intersection of 5th Avenue and 43rd Street; proceed along 43rd Street in a southwesterly direction to the point of intersection of 43rd Street and 4th Avenue; proceed finally along 4th Avenue in a southeasterly direction to the point of intersection of 4th Avenue and U.S. Highway 1 at GateS
District No. 23
Columbia Tract 305 Block Groups 4 and 5
Richmond Tract 1 Blocks 515, 518 through 521, and 525 Tract 16 Blocks 221 through 223 Those parts of Blocks 225 through 228 outside the City of Augusta Block 229 Those parts of Blocks 230 and 231 outside the City of Augusta Block 232 That part of Block 233 outside the City of Augusta Block 235 Block Groups 3 and 4 Blocks 516, 517, and 523 Block Group 6 Those parts of Blocks 909 through 911 outside the City of Augusta Tract 102.01 Block Groups 1 and 2 Blocks 402, 404, 405, 407 through 411, and 425 through 432 Tract 102.02 Blocks 219, 233 through 240, 418, 419, 421, and 432 through 441 Block Groups 5 and 6 Block 901
THURSDAY, AUGUST 27, 1981
59
Tract 105.04 Blocks 101 through 107, 110 through 112,114 through 116, 118, 119, 121, and 125 through 127 Block Group 9
Tracts 105.05 through 105.11, 107.01, and 107.02
That part of Tract 108 not included within Senate District No. 22
Tracts 109.01 and 109.02"
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English
Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill
Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield
McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
On the adoption of the amendment, the yeas were 56, nays 0, and the amendment offered by Senator Allgood of the 22nd to the committee substitute to SB 1 EX was adopted.
Senator Barker of the 18th offered the following amendment:
Amend the substitute to SB 1 EX offered by the Senate Committee on Reapportionment by striking the description of Senate District No. 14 in its entirety and substituting in lieu thereof the following:
"District No. 14
Lee Macon
60
JOURNAL OF THE SENATE
Peach Schley Sumter Taylor Terrell"
By striking the description of Senate District No. 18 in its entirety and substituting in lieu thereof the following:
"District No. 18
Bibb Those parts of Tracts 116 and 130 outside the City of Macon Tracts 133.01, 133.02, 135.01, and 135.02
Houston Twiggs"
By striking the descriptions of Senate District No. 26 and Senate District No. 27 in their entirety and substituting in lieu thereof the following:
"District No. 26
Bibb Tracts 101 through 115 That part of Tract 116 within the City of Macon Tracts 117.01, 117.02, 118 through 120, 122, and 123 Tracts 124 Blocks 202, 205, 308, 402 through 406, 414 through 416, 420, 421, and 424 Tracts 125 through 129 That part of Tract 130 within the City of Macon Tracts 131.02 and 132.02
District No. 27
Bibb Tract 121 Tract 124 Block Group 1 Blocks 201, 203, 204, 206, 208 through 220, 302, 316, 317, 411, 417 through 419, and 425 through 427 Tracts 131.01, 132.01, 134.01, 134.02, 136.01, and 136.02
Crawford La mar Monroe Upson"
THURSDAY, AUGUST 27, 1981
61
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Barker Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman
Dean English Engram Fincher of 52nd Fincher of 54th Foster Gillis Horton Kennedy Lester
McGill McKenzie Reynolds Starr Summers Sutton Timmons Turner Walker Wessels
Those voting in the negative were Senators:
Barnes Bell Bond Brantley Coverdell Deal Eldridge Evans
Garner Greene Hill Hudgins Hudson Kidd Land Littlefield
Robinson Scott Stephens Stumbaugh Tate Thompson Trulock Tysinger
Not voting were Senators Holloway and Howard.
On the adoption of the amendment, the yeas were 30, nays 24, and the amendment offered by Senator Barker of the 18th to the committee substitute to SB 1 EX was adopted.
Senator Greene of the 26th moved that the Senate reconsider its action in adopting the amendment offered by Senator Barker of the 18th to the committee substitute to SB 1 EX.
On the motion, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Barnes Bell Bond Bowen Brantley Cobb Coverdell
Deal Dean Eldridge Evans Garner Greene Hill
Hudson Robinson Scott Stumbaugh Sutton Thompson Trulock
62
JOURNAL OF THE SENATE
Those voting in the negative were Senators:
Allgood Ballard Barker Brannon Broun of 46th Brown of 47th Bryant Coleman English Engram
Fincher of 52nd
Fincher of 54th Foster Gillis Horton Hudgins Kennedy Kidd Land Lester Littlefield
McGill
Those not voting were Senators:
Holloway
Howard
McKenzie Reynolds Starr Stephens Summers Tate Timmons Turner Walker Wessels
Tysinger
On the motion, the yeas were 21, nays 32; the motion was lost, and the amendment offered by Senator Barker of the 18th to the committee substitute to SB 1 EX was not reconsidered.
Senator Allgood of the 22nd offered the following amendment:
Amend the substitute to SB 1 EX offered by the Senate Committee on Reapportionment by striking the description of Senate District No. 29 in its entirety and substituting in lieu thereof the following:
"District No. 29
Carroll Tract 9905 Blocks 320 through 356 and 364 Block Group 4 Blocks 503, 504, and 506 through 520 That part of Block 521 within the City of Bowdon Blocks 522 through 537
Harris Heard Meriwether Troup"
By striking the description of Senate District No. 40 in its entirety and substituting in lieu thereof the following:
"District No. 40
Fulton Tracts 1, 2, 4, 5, 15, 90 through 100, 101.01, and 101.03
THURSDAY, AUGUST 27, 1981
63
Tract 101.04 Block Groups 1 through 3 and 5
Tract 102.01"
By striking the description of Senate District No. 51 in its entirety and substituting in lieu thereof the following:
"District No. 51
Cherokee Tracts 901 through 904 and 906
Fannin Gilmer Gordon Pickens Whitfield
Tract 9905 Blocks 321 and 322
Tract 9907 Blocks 101 through 105 That part of Block 106 outside the City of Dalton Blocks 126 through 130 and 201 Those parts of Blocks 202 and 203 outside the City of Dalton Blocks 301 and 304 through 307 Those parts of Blocks 308 and 310 outside the City of Dalton Blocks 311 through 318 That part of Block 319 outside the City of Dalton Block 320
Tract 9910 Blocks 101 through 124 That part of Block 125 outside the City of Dalton Blocks 126 through 133 Those parts of Blocks 213, 242, 244, and 245 outside the City of Dalton Blocks 301 through 303 That part of Block 304 outside the City of Dalton Blocks 305 through 318 Block Groups 4 and 5 Blocks 601 through 608, 610, 612, and 614 through 618 That part of Block 619 outside the City of Dalton Blocks 620 through 628 Those parts of Blocks 703 through 705 outside the City of Dalton
Tract 9911 Blocks Groups 2 through 4"
64
JOURNAL OF THE SENATE
By striking the description of Senate District No. 54 in its entirety and substituting in lieu thereof the following:
"District No. 54
Catoosa Tracts 301 through 305 Tract 306 Blocks 101 through 107, 113 through 117, 119, 120, 122 through 128, and 138 Those parts of Blocks 164, 166, 167, 222, and 223 outside the City of Fort Oglethorpe Blocks 228, 229, 232, 242, 244, 245, 251, 301 through 303, 305 through 307, 310 through 312, 315, 316, and 320 through 327 That part of Block 338 outside the City of Fort Oglethorpe Blocks 339, 340, 342, and 343 Block Group 4 Tract 307 Those parts of Blocks 120, 140, and 154 outside the City of Fort Oglethorpe Block 155 That part of Block 156 outside the City of Fort Oglethorpe Blocks 157 and 158 Those parts of Blocks 159 and 161 outside the City of Fort Olgethorpe Blocks 165 and 166 That part of Block 201 outside the City of Fort Oglethorpe Blocks 248 and 252 Those parts of Blocks 262, 264, and 271 outside the City of Fort Oglethorpe Blocks 272 through 274 Those parts of Blocks 277, 297, and 319 outside the City of Fort Oglethorpe Block Group 4
Murray Whitfield
Tracts 9901 through 9904 Tract 9905
Block Groups 1 and 2 Blocks 301 through 310 and 312 through 320 Tract 9906 Tract 9907 That part of Block 106 within the City
of Dalton Blocks 107 through 125 and 131 through
144 Those parts of Blocks 202 and 203 within
the City of Dalton
THURSDAY, AUGUST 27, 1981
65
Blocks 204 through 207, 209 through 215, 302 and 303
That part of Block 308 within the City of Dalton
Block 309 Those parts of Blocks 310 and 319
within the City of Dalton Tracts 9908 and 9909 Tract 9910
That part of Block 125 within the City of Dalton
Blocks 138, 139 and 201 through 212 That part of Block 213 within the City
of Dalton Blocks 214 through 241 That part of Block 242 within the City
of Dalton Block 243 Those parts of Blocks 244 and 245 within
the City of Dalton Blocks 247 through 250 That part of Block 304 within the City
of Dalton That part of Block 619 within the City
of Dalton Blocks 70 land 702 Those parts of Blocks 703 through
705 within the City of Dalton Blocks 706 and 707 Block Group 8 Tract 9911 Block Group 1"
By striking the description of Senate District No. 56 in its entirety and substituting in lieu thereof the following:
"District No. 56
Cobb Tracts 303.04 through 303.06
Forsyth Tract 1306
Fulton Tract 101.04 Block Group 4 Tracts 102.02, 114.01, 114.02, 115, and 116"
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:
66
JOURNAL OF THE SENATE
Those voting in the affirmative were Senators:
Allgood Ballard
Barker Barnes Bell Bond Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English
Engram Evans
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill
Holloway Horton Hudgins Hudson Kennedy Kidd Land Lester Littlefield
Not voting was Senator Howard.
McGill McKenzie
Reynolds Robinson Scott Starr Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
On the adoption of the amendment, the yeas were 55, nays 0, and the amendment offered by Senator Allgood of the 22nd to the committee substitute to SB 1 EX was adopted.
Senators Dean of the 31st and Fincher of the 52nd offered the following amendment:
Amend the substitute to SB 1 EX offered by the Senate Committee on Reapportionment by striking the description of Senate District No. 31 in its entirety and substituting in lieu thereof the following:
"District No. 31
Bartow Tract 9901 Block Groups 2 and 3 Tract 9902 Those parts of Blocks 221 and 301 within the City of Cartersville Blocks 314 through 316, 319, 320, 323 through 325, 330 through 334, 336, 376 through 379, 398, and 399 Tract 9903 Blocks 609 through 613 Tracts 9904 through 9906
THURSDAY, AUGUST 27, 1981
67
Tract 9907 Block Groups 1 and 2 Blocks 304 through 333 and 399 Block Groups 4 through 7
Haralson Paulding Polk"
By striking the description of Senate District No. 52 in its entirety and substituting in lieu thereof the following:
"District No. 52
Bartow Tract 9901 Block Group 1 Tract 9902 Block Group 1 Blocks 201 through 220 That part of Block 221 outside the City of Cartersville Blocks 222 through 238 That part of Block 301 outside the City of Cartersville Blocks 302 through 313, 317, 318, 321, 322, 326 through 329, 335, 337 through ?48, 381, 387, 388, and 390 through 396 Tract 9903 Block Groups 1 through 5 Blocks 601 through 608 and 614 Tract 9907 Blocks 301 through 303
Floyd"
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant
Cobb Coleman Coverdell Deal Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Foster
Garner Gillis Greene Hill Holloway Hudgins Hudson Kennedy Kidd Land Lester Littlefield
68
JOURNAL OF THE SENATE
McGill McKenzie Reynolds Robinson Scott Starr
Stephens Stumbaugh Summers Sutton Tate Thompson
Timmons Trulock Turner Tysinger Walker Wessels
Not voting were Senators Horton and Howard.
On the adoption of the amendment, the yeas were 54, nays 0, and the amendment offered by Senators Dean of the 31st and Fincher of the 52nd to the committee substitute to SB 1 EX was adopted.
Senators Wessels of the 2nd and Coleman of the 1st offered the following amendment:
Amend the substitute to SB 1 EX offered by the Senate Committee on Reapportionment by striking the descriptions of Senate District No. 1, Senate District No. 2, and Senate District No. 3 in their entirety and substituting in lieu thereof the following:
"District No. 1
Chatham Tracts 28 through 30, 34, 35.01, 35.02, 38, 39, 40.01, 40.02, 41, 42.02 through 42.04, 43 and 44 Tract 101.02 Block Groups 2 and 3 Blocks 901, 902, and 921 Tracts 102, 105, 109, 110.01, 110.02, 111.02, and 111.03
District No. 2
Chatham Tracts 1, 3, 3.99, 6.01, 6.02, 8 through 13, 15, 17 through 27, 32,33.01,33.02, 36.01, 36.02, 37, 45, and 101.01 Tract 101.02 Block Group 1 Block 903 Tractsl06.01, 106.03, through 106.05, 106.99, 107, 108.01, and 111.01
District No. 3
Bryan Tracts 202 and 203
Chatham Tract 10 .02
THURSDAY, AUGUST 27, 1981
69
Glynn Tracts 9902 through 9907 and 9907.99 Tract 9908 Block Group 1
Liberty Mclntosh"
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Ballard Brannon Coleman
Gillis Kennedy Lester
Tysinger Walker Wessels
Those voting in the negative were Senators:
Allgood Barker Barnes Bell Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coverdell Deal Dean Eldridge
English Engram Evans Fincherof 52nd Fincher of 54th Foster Garner Greene Hill Holloway Horton Hudgins Hudson Kidd Land
Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Summers Sutton Tate Thompson Timmons Trulock Turner
Not voting were Senators Howard and Stumbaugh.
On the adoption of the amendment, the yeas were 9, nays 45, and the amendment offered by Senators Wessels of the 2nd and Coleman of the 1st to the committee substitute to SB 1 EX was lost.
The President announced that the Senate would stand in recess from 11:55 o'clock A.M. until 1:30 o'clock P.M.
At 1:30 o'clock P.M., the President called the Senate to order.
The Senate continued its consideration of SB 1 EX.
70
JOURNAL OF THE SENATE
Senator Trulock of the 10th offered the following amendment:
Amend the substitute to SB 1 EX offered by the Senate Committee on Reapportionment by striking the descriptions of Senate District Nos. 1, 2, 3, 4, 6, 7, 8, 10, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 26, 27, 28, 29, and 30, respectively, in their entirety and substituting, respectively, in lieu thereof the following:
"District No. 1
Chatham Tracts 1, 3, 3.99, 6.01, 6.02, 8 through 13, 15, and 17 through 29 Tract 30 Block Groups 2 and 3 Tracts 32, 33.01, and 33.02 Tract 34 Block Group 5 Tracts 37, 44, 45, 101.01, 105, 106.01, 106.04, 106.05, 106.99, and 107
District No. 2
Chatham Tract 30 BteeK Group 1 Tract 34 Block Groups 1 through 4 Tracts 35.01, 35.02, 36.01, 36.02, 38, 39, 40.01, 40.02, 41, 42.02 through 42.04, 43, 101.02, 102, 109, 110.01, 110.02, and 111.01 through 111.03
District No. 3
Bryan Chatham
Tracts 106.03, 108.01, and 108.02 Effingham Liberty Long Mclntosh
District No. 4
Appling Bulloch
That part of Tract 9901 within the City of Statesboro
Tracts 9903 and 9904 That part of Tract 9905 within the
City of Statesboro Tract 9906
Block Group 2
THURSDAY, AUGUST 27, 1981
71
Tract 9907 Candler Evans Tattnall Toombs
District No. 6
Brantley Camden Glynn Wayne
District No. 7
Bacon Charlton Clinch Coffee Pierce Ware
District No. 8
Atkinson Berrien Echols Lanier Lowndes
District No. 10
Brooks Colquitt Cook Thomas
District No. 11
Baker Decatur Early Grady Miller Mitchell Seminole
District No. 12
Dougherty
District No. 13
Crisp Dooly
72
JOURNAL OF THE SENATE
Lee Tift Turner
Tract 9901 Block Groups 2 and 3
Tract 9902 Block Groups 1 through 3
Worth
District No. 14
Calhoun Clay Macon Marion Quitman Randolph Schley Stewart Sumter Taylor Terrell Webster
District No. 15
Muscogee Tracts 1 through 3, 5 through 7, 13 through 16, 18 through 20, 22 through 28, 29.01, 29.02, 30 through 34, 105, 106.03, 106.04, and 107.01 through 107.03
District No. 16
Chattahoochee Harris
Tract 9901 Blocks 143 through 150 and 201 through 219 Block Group 5
Tract 9903 Blocks 150, 203 through 212, 228 through 246, and 303 through 320
Muscogee Tracts 4, 8 through 12, 21, 101.01, 101.02, 102.01, 102.02, 103.01, 103.02 104.01, 104.02, 106.02, and 108 through 110
Talbot
District No. 18
Crawford Tract 702
THURSDAY, AUGUST 27, 1981
73
Houston Peach
District No. 19
Ben Hill Bleckley Dodge Irwin Jeff Davis Pulaski Telfair Turner
Tract 9901 Block Group 1
Tract 9902 Block Group 4
Wilcox
District No. 20
Jefferson Tracts 9902 and 9903
Johnson Laurens Montgomery Treutlen Washington Wheeler
District No. 21
Bulloch That part of Tract 9901 outside the City of Statesboro
Tract 9902 That part of Tract 9905 outside the City of Statesboro
Tract 9906 Block Groups 1 and 3 through 5
Burke Emanuel Glascock Jefferson
Tract 9901 Jenkins Screven Warren
District No. 22
Richmond Tract 1 Block Groups 1 through 4 Block 501 through 513 and 517
74
JOURNAL OF THE SENATE
Tracts 2 through 4 and 6 through 15 Tract 16
Block Group 1 Blocks 205 through 211, 213 through
215, and217 Those parts of Blocks 225 through 228,
230, 231, and 233 within the City of Augusta Blocks 512 through 515, 907, and 908 Those parts of Blocks 909 through 911 within the City of Augusta Block 912 Tracts 101.01 through 101.03 Tract 102.01 Blocks 413 and 414 Tract 102.02 Block Group 1 Blocks 201 through 218, 220 through 232,245, 415, and416 Block Group 7 Blocks 902 through 904 Tracts 103 and 104 Tract 105.04 Blocks 137 through 149 Tract 106 That part of Tract 108 on the northeastern side of the following line which bisects Tract 108: beginning at the point of intersection of U.S. Highway 78 and 19th Street at Gate 2; and proceed along 19th Street in a southerly direction to the point of intersection of 19th Street and 7th Avenue; proceed thence along 7th Avenue in an easterly direction to the point of intersection of 7th Avenue and 29th Street; proceed along 29th Street in a southerly direction to the point of intersection of 29th Street and 6th Avenue; proceed along 6th Avenue in an easterly direction to the point of intersection of 6th Avenue and Headquarters Road; proceed along Headquarters Road in a northerly direction to the point of intersection of Headquarters Road and 7th Avenue; proceed along 7th Avenue in an easterly direction to the point of intersection of 7th Avenue and 34th Street; proceed along 34th Street in a
THURSDAY, AUGUST 27, 1981
75
southerly direction to the point of intersection of 34th Street and 4th Avenue; proceed along 4th Avenue in a southeasterly direction to the point of intersection of 4th Avenue and 37th Street; proceed along 37th Street in a northeasterly direction to the point of intersection of 37th Street and 5th Avenue; proceed along 5th Avenue in a southeasterly direction to the point of intersection of 5th Avenue and 38th Street; proceed along 38th Street in a northeasterly direction to the point of intersection of 38th Street and 7th Avenue; proceed along 7th Avenue in a southeasterly direction to the point of intersection of 7th Avenue and 40th Street; proceed along 40th Street in a southwesterly direction to the point of intersection of 40th Street and 5th Avenue; proceed along 5th Avenue in a southeasterly direction to the point of intersection of 5th Avenue and 43rd Street; proceed along 43rd Street in a southwesterly direction to the point of intersection of 43rd Street and 4th Avenue; proceed finally along 4th Avenue in a southeasterly direction to the point of intersection of 4th Avenue and U.S. Highway 1 at GateS
District No. 23
Columbia Tract 305 Block Groups 4 and 5
Richmond Tract 1 Blocks 515, 518 through 521, and 525 Tract 16 Blocks 221 through 223 Those parts of Blocks 225 through 228 outside the City of Augusta Block 229 Those parts of Blocks 230 and 231 outside the City of Augusta
76
JOURNAL OF THE SENATE
Block 232 That part of Block 233 outside the City
of Augusta Block 235 Block Groups 3 and 4 Blocks 516, 517, and 523 Block Group 6 Those parts of Blocks 909 through 911
outside the City of Augusta Tract 102.01
Block Groups 1 and 2 Blocks 402, 404, 405, 407 through 411,
and 425 through 432 Tract 102.02
Blocks 219, 233 through 240, 418, 419, 421, and 432 through 441
Block Groups 5 and 6 Block 901 Tract 105.04 Blocks 101 through 107, 110 through 112, 114 through 116, 118, 119, 121, and 125 through 127 Block Group 9 Tracts 105.05, through 105.11, 107.01, 107.02 That part of Tract 108 not included within Senate District No. 22 Tracts 109.01 and 109.02
District No. 24
Columbia Tracts 301 through 304 Tract 305 Block Groups 1 through 3 and 9
Greene Lincoln McDuffie Oglethorpe Taliaferro Wilkes
District No. 26
Bibb Tracts 101 through 116, 117.01, 117.02, 118, 119, 123, 125, 127 through 130, 133.01, 133.02, 135.01, and 135.02
Twiggs
District No. 27
Bibb Tracts 120 through 122, 124, 126, 131.01, 131.02, 132.01, 132.02, 134.01, 134.02, 136.01, and 136.02
THURSDAY, AUGUST 27, 1981
77
Crawford Tract 701
Lamar Monroe Upson
Tract 9901 Those parts of Tracts 9902 through 9905 within the City of Thomaston
District No. 28
Carroll Tract 9906 Block Group 1 Tract 9907 Blocks 205 through 231 Block Groups 3 through 5
Coweta Pike Spalding
District No. 29
Harris Tract 9901 Blocks 101 through 104, 106 through 142, and 220 through 222 Block Groups 3 and 4 Tract 9902 Tract 9903 Blocks 101 through 149, 151, 201, 202, 213, through 227, 247 through 250, 301, and 302 Block Group 4
Heard Meriwether Troup Upson
Those parts of Tracts 9902 through 9905 outside the City of Thomaston
District No. 30
Carroll Tracts 9901 through 9905 Tract 9906 Block Groups 2 through 4 Tract 9907 Block Group 1 Blocks 201 through 204
Dougks Tracts 802 through 804, 805.01, 805.02, and 806"
78
JOURNAL OF THE SENATE
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Brannon Eldridge Evans
Greene Howard Hudson
Stumbaugh Sutton Trulock
Those voting in the negative were Senators:
Allgood Ballard Barker Barnes Bell Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Coleman Coverdell Deal Dean
English Engram Fincher of 52nd Fincher of 54th Foster Gillis Hill Holloway Horton Hudgins Kennedy Kidd Land Lester Littlefield
McKenzie Reynolds Robinson Scott Starr Stephens Summers Tate Thompson Timmons Turner Tysinger Walker Wessels
Not voting were Senators Cobb, Garner and McGill.
On the adoption of the amendment, the yeas were 9, nays 44, and the amendment offered by Senator Trulock of the 10th to the committee substitute to SB 1 EX was lost.
Senators Allgood oi the 22nd, Stumbaugh of the 55th, Howard of the 42nd, Tysinger of the 41st, Bell of the 5th and Scott of the 43rd offered the following amendment:
Amend the substitute to SB 1 EX offered by the Senate Committee on Reapportionment by striking the description of Senate District No. 5 and substituting in lieu thereof the following:
"District No. 5
DeKalb Tract 215 Blocks 102, through 110,113 through 115, 130, and 131 Block Group 2
THURSDAY, AUGUST 27, 1981
79
Tracts 216.01 through 216.03, 217.01, 217.02, and 218.02 through 218.04
Tract 219.01 Blocks 109 through 115, 117, 127, 129 through 135, and 140
Tracts 219.02 and 220.01 Tract 220.02
Blocks 205, 207, 208, 210 through 212, 231 through 234, 238, through 240, 401, 403, 404, 413, 414, 425, and 426
Tract 222 Blocks 101 through 110 and 513
Tract 223.02 Tract 224.02
Blocks 101 through 103, 105, 201, 203 through 206, 211 through 215, 217 through 220, and 223 through 228"
By striking the description of Senate District No. 43 and substituting in lieu therof the following:
"District No. 43
DeKalb Tracts 231.03, 232.02, and 232.03 Tract 233.04 Block Groups 1 through 4 Block 501 through 509 Tracts 234.03 through 234.07, 235.03, 238.02, and 238.03"
By striking the description of Senate District No. 55 and substituting in lieu thereof the following:
"District No. 55
DeKalb Tract 219.01 Blocks 119 through 124, 128, 136 through 139, 150, and 151 Block Groups 2, 4, 5, and 9 Tract 219.03 Tract 220.02 Blocks 214, 216 through 222, 224 through 229,235, and 236 Block Group 3 Blocks 405 through 412 and 415 Tracts 220.03 and 221 Tract 222 Blocks 112 through 114 Block Groups 2 through 4 Blocks 506, 507, 509, 510, and 514 through 518 Block Group 6
80
JOURNAL OF THE SENATE
Tracts 223.01, 227 through 230, 231.02, 231.04, 232.01, and 233.01 through
233.03 Tract 233.04
Blocks 510 and 511 Block Group 6"
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English
Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield
McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
On the adoption of the amendment, the yeas were 56, nays 0, and the amendment offered by Senators Allgood of the 22nd, Stumbaugh of the 55th, Howard of the 42nd, Tysinger of the 41st, Bell of the 5th and Scott of the 43rd to the committee substitute to SB 1 EX was adopted.
Senator Sutton of the 9th offered the following amendment:
Amend the substitute to SB 1 EX offered by the Senate Committee on Reapportionment by striking the descriptions of Senate District No. 1 through Senate District No. 56 in their entirety and substituting in lieu thereof the following:
"District No. 1
Chatham Tracts 1, 3, 3.99, 6.01, 6.02, 8 through 13, 15, and 17 through 28
THURSDAY, AUGUST 27, 1981
81
Tract 30 Block Group 1
Tracts 32, 33.01, and 33.02 Tract 34
Block Groups 4 and 5 Tracts 35.01, 35.02, 36.01, 36.02, 37,
38, 44, 45, 101.01, and 101.02 Tract 106.01
Block Groups 3 and 4 Tracts 106.04, 106.05, and 106.99
District No. 2
Chatham Tract 29 Tract 30 Block Groups 2 and 3 Tract 34 Block Groups 1 through 3 Tracts 39, 40.01, 40.02, 41, 42.02 through 42.04, 43, 102, and 105 Tract 106.01 Block Groups 1 and 2 Tracts 106.03, 107, 108.01, 108.02, 109, 110.01, 110.02, and 111.01 through 111.03
District No. 3
Bryan Candler Evans Liberty Long Mclntosh Tattnall
District No. 4
Appling Bacon Glynn Wayne
District No. 5
Atkinson Brantley Camden Charlton Clinch Lanier Pierce Ware
82
JOURNAL OF THE SENATE
District No. 6
Berrien Echols Irwin Lowndes
District No. 7
Brooks Colquitt Cook Tift
District No. 8
Decatur Grady Miller Seminole Thomas
District No. 9
Dougherty Tract 1 Block Group 1 Blocks 202 through 207, 209, and 210 Block Group 9 Tracts 3 through 7, 9, and 10 Tract 11 Block Group 1 Blocks 305 through 319 Block Groups 4 and 9 Tracts 101, 102, and 103.01 Tract 103.02 Block Groups 4,5,7, and 9 Tracts 104 and 107 through 110
Mitchell Worth
District No. 10
Baker Calhoun Clay Dougherty
Tract 1 Blocks 213 through 218 and 220 through 223 Block Groups 3 and 4
Tracts 2 and 8 Tract 11
Block Group 2 Blocks 301 through 304 Block Group 5
THURSDAY, AUGUST 27, 1981
83
Tracts 12, 13, 14.01, 14.02, and 15 Tract 103.02
Block Groups 1 through 3 Tracts 105, 106.01, and 106.02 Early Quitman Randolph Terrell
District No. 11
Crisp Lee Macon Schley Sumter Taylor Turner Webster
District No. 12
Ben Hill Coffee Jeff Davis Montgomery Telfair Toombs Treutlen
District No. 13
Bleckley Dodge Dooly Laurens Pulaski Wheeler Wilcox
District No. 14
Bulloch Effingham Emanuel Jenkins Screven
District No. 15
Chattahoochee Marion
84
JOURNAL OF THE SENATE
Muscogee Tracts 20, 22 through 28, 29.02, 30 through 34, 107.02, 107.03, 108, and 109
Stewart
District No. 16
Muscogee Tracts 1 through 16, 18, 19, 21, 29.01, 101.01, 101.02, 102.01, 102.02, 103.01, 103.02, 104.01, 104.02, 105, 106.02 through 106.04, 107.01, and 110
District No. 17
Houston Peach
District No. 18
Harris Meriwether Pike Talbot Troup
District No. 19
Crawford Lamar Spalding Upson
District No. 20
Bibb Tract 101 Tract 102 Block Group 1 Blocks 201 and 409 through 414 Tracts 103 through 116, 117.01, and 117.02 Tract 123 Blocks 111 through 116 Block Groups 2 through 5 Tract 125 Blocks 113 through 120, 205 through 209, 211 through 215, 217, 218, 220 through 222, and 225 through 229 Tract 126 Block Group 1 Block 229 Tract 127 Block Groups 1 and 3
THURSDAY, AUGUST 27, 1981
85
Tract 130 Blocks 101 through 108
Tracts 133.01 and 133.02 Jones Twiggs Wilkinson
District No. 21
Bibb Tract 102 Blocks 202 through 205, 207 through 212,214,and215 Block Group 3 Blocks 401 through 406 Tracts 118 through 122 Tract 123 Blocks 101 through 106, 118, and 119 Block Group 6 Tract 124 Tract 125 Blocks 101 through 112, 201 through 204, 216, and 219 Tract 126 Blocks 205, 211 through 214, 219 through 225, 227, and 228 Block Groups 3 through 5 and 9 Tract 127 Block Group 2 Tracts 128 and 129 Tract 130 Blocks 109 through 128 Block Groups 2 and 9 Tracts 131.01, 131.02, 132.01, 132.02, 134.01, 134.02, 135.01, 135.02, 136.01, and 136.02
Monroe
District No. 22
Baldwin Hancock Jefferson Johnson Putnam Washington
District No. 23
Burke Richmond
Tract 1 Blocks 201 through 208
Tract 2 Blocks 212 and 301 through 303
86
JOURNAL OF THE SENATE
Tracts 6, 7, 9, and 10 Tract 11
Block Group 1 Tracts 13 through 15, 103, 104,
105.04, 105.05, and 105.07 Tract 105.10
Blocks 401 and 905 Tracts 105.11 and 106 Tract 107.02
Blocks 101 through 147, 231 through 234, and 236 through 248
Block Groups 3 and 9 Tract 109.02
District No. 24
Richmond Tract 1 Block Group 1 Blocks 209 through 212 Block Groups 3 through 5 Tract 2 Block Group 1 Blocks 201, 204 through 211,213, 215, 216, and 304 through 311 Block Groups 4, 5, and 9 Tracts 3, 4, and 8 Tract 11 Block Groups 2 and 3 Tracts 12, 16, 101.01 through 101.03, 102.01, 102.02, 105.06, 105.08, and 105.09 Tract 105.10 Block Groups 1 and 2 Blocks 402 through 413, 415 through 417, and 420 through 434 Block Group 5 Block 901 Tract 107.01 Tract 107.02 Blocks 148 through 150, 201 through 220, 222 through 230, and 235 Tracts 108 and 109.01
District No. 25
Columbia Glascock Greene Lincoln McDuffie Taliaferro Warren Wilkes
THURSDAY, AUGUST 27, 1981
87
District No. 26
Butts Jasper Morgan Newton Walton
District No. 27
Clayton Tracts 404.03, 406.03, 406.05, 406.06, and 406.08
Henry Rockdale
District No. 28
Clayton Tracts 403.02 through 403.05, 404.01, 404.02, 404.05, 404.06, 405.02, 405.06, 406.04, and 406.07
District No. 29
Carroll Tract 9902 Blocks 101 through 110 Those parts of Blocks 111 and 112 outside the City of Carrollton Blocks 113 through 129 That part of Block 130 outside the City of Carrollton Block 131 Block Group 3 Tract 9903 Block Group 4 Tract 9904 Block Groups 1 and 2 Blocks 301 through 303 That part of Block 304 outside the City of Carrollton Blocks 305 and 306 That part of Block 307 outside the City of Carrollton Block 309 That part of Block 313 outside the City of Carrollton Blocks 318 through 328 Those parts of Blocks 329, 330, 402, 403, and 435 outside the City of Carrollton Blocks 436 through 439, 444, and 445 Tract 9905
JOURNAL OF THE SENATE
Tract 9906 Block Group 1 Blocks 202, 204 through 206, and 208 through 216 Those parts of Blocks 344, 350, and 401 outside the City of Carrollton Blocks 402 through 414 and 416 through 421 That part of Block 423 outside the City of Carrollton
Tract 9907 Blocks 206 through 225 and 227 through 231 Block Groups 3 through 5
Coweta Fayette Heard
District No. 30
Carroll Tract 9901 Tract 9902 Those parts of Blocks 111 through 113 and 130 within the City of Carrollton Blocks 132 through 134 Block Group 2 Tract 9903 Block Groups 1 through 3, 5, and 6 Tract 9904 Those parts of Blocks 304 and 307 within the City of Carrollton Blocks 308 and 310 through 312 That part of Block 313 within the City of Carrollton Blocks 314 through 317 Those parts of Blocks 329 and 330 within the City of Carrollton Block 401 Those parts of Blocks 402 and 403 within the City of Carrollton Blocks 404 through 431, 433, and 434 That part of Block 435 within the City of Carrollton Block Group 5 Tract 9906 Blocks 201, 203, 207, and 301 through 343 That part of Block 344 within the City of Carrollton Blocks 345 through 349 That part of Block 350 within the City of Carrollton Blocks 351 and 352
THURSDAY, AUGUST 27, 1981
89
That part of Block 401 within the City of Carrollton
Block 422 That part of Block 423 within the City
of Carrollton Tract 9907
Block Group 1 Blocks 201 through 205 and 226 Douglas Haralson
District No. 31
Bartow Paulding Polk
District No. 32
Cobb Tracts 307 through 309, 310.02, 310.03, 313.01, 313.02, 313.04, 313.05, 314.01, 314.02, and 315
District No. 33
Cobb Tracts 304.01 through 304.03, 305, 306, 310.01, 311.01 through 311.03, 311.05 through 311.07, 312.01, and 312.02
District No. 34
Cobb Tracts 301, 302.01 through 302.03, and 303.01 through 303.06
District No. 35
Fulton Tract 77.01 Blocks 110 through 113 and 117 through 120 Block Groups 2 through 5 Tracts 77.02, 78.02, and 78.03 Tract 78.04 Block 132 Tracts 103, 104, 105.03 through 105.06, and 113.02
District No. 36
Clayton Tracts 401, 402, 403.01, and 405.03 through 405.05
90
JOURNAL OF THE SENATE
Fulton Tracts 74, 75, 106.01, 106.02, 107 through 111, 112.01, 112.02, and 113.01
District No. 37
Fulton Tract 12 Block Groups 2 through 5 Tracts 13 through 18, 28 through 33, 48, 49.95, 50, 52, 53, 55.01, 55.02, 64, 67, 68.01, 68.02, and 69 through 73
District No. 38
Fulton Tracts 40, 60, 61, 66.01, 66.02, 76.01, and 76.02 Tract 77.01 Blocks 101, 103 through 107, and 114 through 116 Tract 78.04 Blocks 101 through 109, 111, 113 through 122, 124 through 128, 131, 133 through 137, and 139 through 143 Tracts 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 86.01, 86.02, and 87.02
District No. 39
Fulton Tracts 6 through 8, 10.95, 19 through 27, 35 through 39, 41, 42.95, 43, 44, 46.95, 56 through 58, 62, 63, 65,84, 85, 87.01, and 88 Tract 89 Block Groups 2 through 6
District No. 40
Fulton Tracts 1,2,4, 5, and 11 Tract 12 Block Group 1 Tract 89 Block Group 1 Tracts 90 through 100 and 101.01 Tract 101.03 Block Groups 1 through 5 and 8 Tract 101.04 Blocks 505 and 506 Tract 102.01
THURSDAY, AUGUST 27, 1981
91
District No. 41
Forsyth Fulton
Tract 101.03 Block Groups 6 and 7
Tract 101.04 Block Groups 1 through 4 Blocks 501 through 504
Tracts 102.02, 114.01, 114.02, 115, and 116
District No. 42
DeKalb Tracts 211,212.02 through 212.07, 213.01 through 213.04, and 214.01 through 214.04
District No. 43
DeKalb Tracts 216.01, 217.01, 217.02, 218.02 through 218.04, 219.01, 219.02, and 220.01 through 220.03
District No. 44
DeKalb Tracts 201 through 209, 215, 216.02, 216.03, 222, 223.01, 223.02, 224.01 through 224.03, and 225 through 227 Tract 237 Block Group 1
District No. 45
DeKalb Tracts 231.01 and 234.03 through 234.05 Tract 234.06 Block Groups 2 through 5 Blocks 702 through 705 Block Group 9 Tracts 235.01 through 235.03 and 236 Tract 237 Block Groups 2 through 5 Tracts 238.01 through 238.03
District No. 46
DeKalb Tracts 219.03, 221, 228 through 230, 231.02 through 231.04, 232.01 through 232.03, and 233.01 through 233.04
92
JOURNAL OF THE SENATE
Tract 234.06 Block Groups 1 and 6 Blocks 70 land 706
Tract 234.07
District No. 47
Gwinnett Tracts 503.01 through 503.03, 504.01 through 504.05, 507.01, and 507.02 Tract 507.03 Blocks 204 through 213 Tract 507.04
District No. 48
Barrow Gwinnett
Tracts 501, 502.01, 502.02, 505.01 through 505.05, and 506
Tract 507.03 Block Group 1 Blocks 201 through 203 and 214 Block Groups 3 through 8
Tract 507.05
District No. 49
Clarke Oconee Oglethorpe
District No. 50
Elbert Franklin Hart Jackson Madison
District No. 51
Banks Dawson Hall Lumpkin
District No. 52
Cherokee Gordon Pickens Walker
Tract 209.01 Block Groups 1 and 2
Tract 209.02
THURSDAY, AUGUST 27, 1981
93
District No. 53
Chattooga Floyd
District No. 54
Fannin Habersham Rabun Stephens Towns Union White
District No. 55
Gilmer Murray Whitfield
District No. 56
Catoosa Dade Walker
Tracts 201 through 205, 206.01, 206.02, 207, and 208
Tract 209.01 Block Groups 3 through 6"
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Brannon Eldridge Evans
Howard Hudson Stumbaugh
Sutton Trulock
Those voting in the negative were Senators:
Allgood Ballard Barker Barnes Bell Bond Bowen Brantley
Broun of 46th Brown of 47th
Bryant Cobb Coleman Coverdell Deal Dean English Engram
Fincher of 52nd Fincher of 54th
Foster Garner Gillis Hill Holloway Horton Hudgins Kennedy
Kidd Land
94
JOURNAL OF THE SENATE
Lester Littlefield McGill McKenzie Reynolds Scott
Starr Stephens Summers Tate Thompson
Timmons Turner Tysinger Walker Wessels
Not voting were Senators Greene and Robinson.
On the adoption of the amendment, the yeas were 8, nays 46, and the amendment offered by Senator Sutton of the 9th to the committee substitute to SB 1 EX was lost.
Senator Sutton of the 9th offered the following substitute to the substitute to SB 1 EX offered by the Senate Committee on Reapportionment:
A BILL
To be entitled an Act to amend Code Section 47-102, relating to state senatorial districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 69), an Act approved March 16, 1972 (Ga. Laws 1972, p. 237), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1233), so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators; to provide when the Senators elected shall take office; to provide for the continuation of present senatorial districts until a certain time; to provide definitions; to provide for other matters relative to the foregoing; to incorporate the provisions of Code Section 47-102, relating to state senatorial districts, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, into the Official Code of Georgia Annotated; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-102, relating to state senatorial districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 69), an Act approved March 16, 1972 (Ga. Laws 1972, p. 237), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1233), is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 47-102 to read as follows;
"47-102. (a) There shall be 56 members of the Senate, and such membership shall be apportioned among the senatorial districts provided for in this Code section. Each Senate district shall be composed of a portion of a county, or a county, or counties, or a combination thereof, as provided for hereinafter, and shall be represented by one Senator.
THURSDAY, AUGUST 27, 1981
95
District No. 1
Chatham Tracts 1, 3, 3.99, 6.01, 6.02, 8 through 13, 15, and 17 through 28 Tract 30 Block Group 1 Tracts 32, 33.01, and 33.02 Tract 34 Block Groups 4 and 5 Tracts 35.01, 35.02, 36.01, 36.02, 37, 38,44,45, 101.01, and 101.02 Tract 106.01 Block Groups 3 and 4 Tracts 106.04, 106.05, and 106.99
District No. 2
Chatham Tract 29 Tract 30 Block Groups 2 and 3 Tract 34 Block Groups 1 through 3 Tracts 39, 40.01, 40.02, 41, 42.02 through 42.04, 43, 102, and 105 Tract 106.01 Block Groups 1 and 2 Tracts 106.03, 107, 108.01, 108.02, 109, 110.01, 110.02, and 111.01 through 111.03
District No. 3
Bryan Candler Evans Liberty Long Mclntosh Tattnall
District No. 4
Appling Bacon Glynn Wayne
District No. 5
Atkinson Brantley Camden
96
JOURNAL OF THE SENATE
Charlton Clinch Lanier Pierce Ware
District No. 6
Berrien Echols Irwin Lowndes
District No. 7
Brooks Colquitt Cook Tift
District No. 8
Decatur Grady Miller Seminole Thomas
District No. 9
Dougherty Tract 1 Block Group 1 Blocks 202 through 207, 209, and 210 Block Group 9 Tracts 3 through 7, 9, and 10 Tract 11 Block Group 1 Blocks 305 through 319 Block Groups 4 and 9 Tracts 101, 102, and 103.01 Tract 103.02 Block Groups 4, 5, 7, and 9 Tracts 104 and 107 through 110
Mitchell Worth
District No. 10
Baker Calhoun Clay Dougherty
THURSDAY, AUGUST 27, 1981
97
Tract 1 Blocks 213 through 218 and 220 through 223 Block Groups 3 and 4
Tracts 2 and 8 Tract 11
Block Group 2 Blocks 301 through 304 Block Group 5 Tracts 12, 13, 14.01, 14.02, and 15 Tract 103.02 Block Groups 1 through 3 Tracts 105, 106.01, and 106.02 Early Quitman Randolph Terrell
District No. 11
Crisp Lee Macon Schley Sumter Taylor Turner Webster
District No. 12
Ben Hill Coffee Jeff Davis Montgomery Telfair Toombs Treutlen
District No. 13
Bleckley Dodge Dooly Laurens Pulaski Wheeler Wilcox
District No. 14
Bulloch Effingham Emanuel Jenkins Screven
98
JOURNAL OF THE SENATE
District No. 15
CKattahoochee Marion Muscogee
Tracts 20, 22 through 28, 29.02, 30 through 34, 107.02, 107.03, 108, and 109
Stewart
District No. 16
Muscogee Tracts 1 through 16, 18, 19, 21, 29.01, 101.01, 101.02, 102.01, 102.02, 103.01, 103.02, 104.01, 104.02, 105, 106.02 through 106.04, 107.01, and 110
District No. 17
Houston Peach
District No. 18
Harris Meriwether Pike Talbot Troup
District No. 19
Crawford Lamar Spalding Upson
District No. 20
Bibb Tract 101 Tract 102 Block Group 1 Blocks 201 and 409 through 414 Tracts 103 through 116, 117.01, and 117.02 Tract 123 Blocks 111 through 116 Block Groups 2 through 5 Tract 125 Blocks 113 through 120, 205 through 209, 211 through 215, 217, 218, 220 through 222, and 225 through 229
THURSDAY, AUGUST 27, 1981
99
Tract 126 Block Group 1 Block 229
Tract 127 Block Groups 1 and 3
Tract 130 Blocks 101 through 108
Tracts 133.01 and 133.02 Jones Twiggs Wilkinson
District No. 21
Bibb Tract 102 Blocks 202 through 205, 207 through 212, 214, and215 Block Group 3 Blocks 401 through 406 Tracts 118 through 122 Tract 123 Blocks 101 through 106, 118, and 119 Block Group 6 Tract 124 Tract 125 Blocks 101 through 112, 201 through 204, 216,and219 Tract 126 Blocks 205, 211 through 214,219 through 225, 227, and 228 Block Groups 3 through 5 and 9 Tract 127 Block Group 2 Tracts 128 and 129 Tract 130 Blocks 109 through 128 Block Groups 2 and 9 Tracts 131.01, 131.02, 132.01, 132.02, 134.01, 134.02, 135.01, 135.02, 136.01, and 136.02
Monroe
District No. 22
Baldwin Hancock Jefferson Johnson Putnam Washington
100
JOURNAL OF THE SENATE
District No. 23
Burke Richmond
Tract 1 Blocks 201 through 208
Tract 2 Blocks212 and 301 through 303
Tracts 6, 7, 9, and 10 Tract 11
Block Group 1 Tracts 13 through 15, 103, 104,
105.04, 105.05, and 105.07 Tract 105.10
Blocks 40 land 905 Tracts 105.11 and 106 Tract 107.02
Blocks 101 through 147, 231 through 234, and 236 through 248
Block Groups 3 and 9 Tract 109.02
District No. 24
Richmond Tract 1 Block Group 1 Blocks 209 through 212 Block Groups 3 through 5 Tract 2 Block Group 1 Blocks 201, 204 through 211, 213, 215, 216, and 304 through 311 Block Groups 4, 5, and 9 Tracts 3, 4, and 8 Tract 11 Block Groups 2 and 3 Tracts 12, 16, 101.01 through 101.03, 102.01, 102.02, 105.06, 105.08, and 105.09 Tract 105.10 Block Groups 1 and 2 Blocks 402 through 413,415 through 417, and 420 through 434 Block Group 5 Block 901 Tract 107.01 Tract 107.02 Blocks 148 through 150, 201 through 220, 222 through 230, and 235 Tracts 108 and 109.01
THURSDAY, AUGUST 27, 1981
101
District No. 25
Columbia Glascock Greene Lincoln McDuffie Taliaferro Warren Wilkes
District No. 26
Butts Jasper Morgan Newton Walton
District No. 27
Clayton Tracts 404.03, 406.03, 406.05, 406.06, and 406.08
Henry Rockdale
District No. 28
Clayton Tracts 403.02 through 403.05, 404.01, 404.02, 404.05, 404.06, 405.02, 405.06, 406.04, and 406.07
District No. 29
Carroll Tract 9902 Blocks 101 through 110 Those parts of Blocks 111 and 112 outside the City of Carrollton Blocks 113 through 129 That part of Block 130 outside the City of Carrollton Block 131 Block Group 3 Tract 9903 Block Group 4 Tract 9904 Block Groups 1 and 2 Blocks 301 through 303 That part of Block 304 outside the City of Carrollton Blocks 305 and 306
102
JOURNAL OF THE SENATE
That part of Block 307 outside the City of Carrollton
Block 309 That part of Block 313 outside the City
of Carrollton Blocks 318 through 328 Those parts of Blocks 329, 330, 402,
403, and 435 outside the City of Carrollton Blocks 436 through 439, 444, and 445 Tract 9905 Tract 9906 Block Group 1 Blocks 202, 204 through 206, and 208 through 216 Those parts of Blocks 344, 350, and 401 outside the City of Carrollton Blocks 402 through 414 and 416 through 421 That part of Block 423 outside the City of Carrollton Tract 9907 Blocks 206 through 225 and 227 through 231 Block Groups 3 through 5 Coweta Fayette Heard
District No. 30
Carroll Tract 9901 Tract 9902 Those parts of Blocks 111 through 113 and 130 within the City of Carrollton Blocks 132 through 134 Block Group 2 Tract 9903 Block Groups 1 through 3, 5, and 6 Tract 9904 Those parts of Blocks 304 and 307 within the City of Carrollton Blocks 308 and 310 through 312 That part of Block 313 within the City of Carrollton Blocks 314 through 317 Those parts of Blocks 329 and 330 within the City of Carrollton Block 401 Those parts of Blocks 402 and 403 within the City of Carrollton Blocks 404 through 431, 433, and 434
THURSDAY, AUGUST 27, 1981
103
That part of Block 435 within the City of Carrollton
Block Group 5 Tract 9906
Blocks 201, 203, 207, and 301 through 343
That part of Block 344 within the City of Carrollton
Blocks 345 through 349 That part of Block 350 within the City
of Carrollton Blocks 351 and 352 That part of Block 401 within the City
of Carrollton Block 422 That part of Block 423 within the City
of Carrollton Tract 9907
Block Group 1 Blocks 201 through 205 and 226 Douglas Haralson
District No. 31
Bartow Paulding Polk
District No. 32
Cobb Tracts 307 through 309, 310.02, 310.03, 313.01, 313.02, 313.04, 313.05, 314.01,314.02, and 315
District No. 33
Cobb Tracts 304.01 through 304.03, 305, 306, 310.01, 311.01 through 311.03, 311.05 through 311.07, 312.01, and 312.02
District No. 34
Cobb Tracts 301, 302.01 through 302.03, and 303.01 through 303.06
District No. 35
Fulton Tract 77.01 Blocks 110 through 113andll7 through 120
104
JOURNAL OF THE SENATE
Block Groups 2 through 5 Tracts 77.02, 78.02, and 78.03 Tract 78.04
Block 132 Tracts 103, 104, 105.03 through 105.06,
and 113.02
District No. 36
Clayton Tracts 401, 402, 403.01, and 405.03 through 405.05
Fulton Tracts 74, 75, 106.01, 106.02, 107 through 111, 112.01, 112.02, and 113.01
District No. 37
Fulton Tract 12 Block Groups 2 through 5 Tracts 13 through 18, 28 through 33, 48, 49.95, 50, 52, 53, 55.01, 55.02, 64, 67, 68.01, 68.02, and 69 through 73
District No. 38
Fulton Tracts 40, 60, 61, 66.01, 66.02, 76.01, and 76.02 Tract 77.01 Blocks 101, 103 through 107, and 114 through 116 Tract 78.04 Blocks 101 through 109, 111, 113 through 122, 124 through 128, 131, 133 through 137, and 139 through 143 Tracts 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 86.01, 86.02, and 87.02
District No. 39
Fulton Tracts 6 through 8, 10.95, 19 through 27, 35 through 39, 41, 42.95, 43, 44, 46.95, 56 through 58, 62, 63, 65,84, 85, 87.01, and 88 Tract 89 Block Groups 2 through 6
THURSDAY, AUGUST 27, 1981
105
District No. 40
Fulton Tracts 1,2,4, 5, and 11 Tract 12 Block Group 1 Tract 89 Block Group 1 Tracts 90 through 100 and 101.01 Tract 101.03 Block Groups 1 through 5 and 8 Tract 101.04 Blocks 505 and 506 Tract 102.01
District No. 41
Forsyth Fulton
Tract 101.03 Block Groups 6 and 7
Tract 101.04 Block Groups 1 through 4 Blocks 501 through 504
Tracts 102.02, 114.01, 114.02, 115, and 116
District No. 42
DeKalb Tracts 211, 212.02 through 212.07, 213.01 through 213.04, and 214.01 through 214.04
District No. 43
DeKalb Tracts216.01, 217.01, 217.02, 218.02 through 218.04, 219.01, 219.02, and 220.01 through 220.03
District No. 44
DeKalb Tracts 201 through 209, 215, 216.02, 216.03, 222, 223.01, 223.02, 224.01 through 224.03, and 225 through 227 Tract 237 Block Group 1
District No. 45
DeKalb Tracts 231.01 and 234.03 through 234.05
106
JOURNAL OF THE SENATE
Tract 234.06 Block Groups 2 through 5 Blocks 702 through 705 Block Group 9
Tracts 235.01 through 235.03 and 236 Tract 237
Block Groups 2 through 5 Tracts 238.01 through 238.03
District No. 46
DeKalb Tracts 219.03, 221, 228 through 230, 231.02 through 231.04, 232.01 through 232.03, and 233.01 through 233.04 Tract 234.06 Block Groups 1 and 6 Blocks 701 and 706 Tract 234.07
District No. 47
Gwinnett Tracts 503.01 through 503.03, 504.01 through 504.05, 507.01, and 507.02 Tract 507.03 Blocks 204 through 213 Tract 507.04
District No. 48
Barrow Gwinnett
Tracts 501, 502.01, 502.02, 505.01 through 505.05, and 506
Tract 507.03 Block Group 1 Blocks 201 through 203 and 214 Block Groups 3 through 8
Tract 507.05
District No. 49
Clarke Oconee Oglethorpe
District No. 50
Elbert Franklin Hart Jackson Madison
THURSDAY, AUGUST 27, 1981
107
District No. 51
Banks Dawson Hall Lumpkin
District No. 52
Cherokee Gordon Pickens Walker
Tract 209.01 Block Groups 1 and 2
Tract 2 09.02
District No. 53
Chattooga Floyd
District No. 54
Fannin Habersham Rabun Stephens Towns Union White
District No. 55
Gilmer Murray Whitfield
District No. 56
Catoosa Dade Walker
Tracts 201 through 205, 206.01, 206.02,207, and 208
Tract 209.01 Block Groups 3 through 6
(b) A member of the Senate must be a resident of the district which he represents and at the time of his election must have been a resident of the territory embraced within such district for at least one year preceding such time. Each Senator shall be elected only by the voters of his senatorial district.
108
JOURNAL OF THE SENATE
(c) The first members of the Senate elected pursuant to this Code section shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 1983. Until that time the membership of the Senate elected in 1980 shall continue to serve and shall represent the districts from which elected; and until that time the composition of the districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primary and general elections of 1982 for the purpose of electing members of the Senate in 1982 who are to take office in 1983. Successors to those members shall likewise be elected under this Code section.
(d) For the purposes of this Code section:
(1) The terms 'Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any senatorial district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
(e) Any part of the State of Georgia which is not included in any Senate district described in this Code section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.''
Section 2. Code Section 47-102, relating to senatorial districts, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 28-2-2 and shall be substituted in lieu of and shall become Code Section 28-2-2 of the Official Code of Georgia Annotated.
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 4. (a) Except as provided in subsection (b), this Act shall become effective when signed by the Governor or upon its becoming law without his signature.
(b) Section 2 of this Act shall become effective November 1, 1982, but only in the event that the Official Code of Georgia Annotated becomes law by such date. If the Official Code of Georgia Annotated does not become law by such date, Section 2 shall be null and void and shall stand repealed in it entirety.
THURSDAY, AUGUST 27, 1981
109
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Sutton of the 9th asked unanimous consent to withdraw his substitute
to the substitute to SB 1 EX offered by the Senate Committee on Reapportionment; the consent was granted.
On the adoption of the committee substitute, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Barker Barnes Bell Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean
English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Holloway Horton Hudgins Kennedy Kidd Land Lester
Littlefield McGill McKenzie Reynolds Scott Starr Stephens Summers Tate Thompson Timmons Turner Tysinger Walker Wessels
Those voting in the negative were Senators:
Brannon Eldridge Evans
Howard Hudson Robinson
Stumbaugh Sutton Trulock
Not voting was Senator Greene.
On the adoption of the substitute, the yeas were 46, nays 9, and the committee substitute was adopted as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:
110
JOURNAL OF THE SENATE
Those voting in the affirmative were Senators:
Allgood Ballard Barker Barnes Bell Bond Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean
English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Holloway Horton Hudgins Kennedy Kidd Land Lester
Those voting in the negative were Senators:
Brannon Eldridge Evans
Howard Hudson Robinson
Littlefield McGill McKenzie Reynolds Scott Starr Stephens Summers Tate Thompson Timmons Turner Tysinger Walker Wessels
Stumbaugh Sutton Trulock
Not voting was Senator Greene.
On the passage of the bill, the yeas were 46, nays 9.
The bill, having received the requisite constitutional majority, was passed by substitute.
Senator Allgood of the 22nd moved that SB 1 EX be immediately transmitted to the House.
On the motion, the yeas were 48, nays 2; the motion prevailed, and SB 1 EX was immediately transmitted to the House.
Senator Allgood of the 22nd moved that the Senate stand in recess from 2:35 o'clock P.M. until 10:00 o'clock P.M. today, and at 10:10 o'clock P.M. stand adjourned until 11:00 o'clock A.M. tomorrow.
The motion prevailed.
At 10:00 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, called the Senate to order.
THURSDAY, AUGUST 27, 1981
111
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed by the requisite constitutional majority the following bill of the House:
HB 3 EX. By Representative Wilson of the 19th:
A bill to amend Code Chapter 47-1 so as to provide for the composition and number of state representative districts and to provide for the number of Representatives.
The following bill of the House was read the first time and referred to committee:
HB 3 EX. By Representative Wilson of the 19th:
A bill to amend Code Chapter 47-1 so as to provide for the composition and number of state representative districts; to provide for the number of Representatives. Referred to Committee on Reapportionment.
Pursuant to the provisions of a previously adopted motion, at 10:10 o'clock P.M. the Senate stood adjourned until 11:00 o'clock A.M. tomorrow.
112
JOURNAL OF THE SENATE
Senate Chamber, Atlanta, Georgia Friday, August 28, 1981
The Senate met pursuant to adjournment at 11:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following reports of standing committees were read by the Secretary:
Mr. President:
Your Committee on Judiciary has had under consideration the following bill of the House and has instructed me to report the same back to the Senate with the following recommendation:
HB 2 EX. Do pass.
Respectfully submitted, Senator Barnes of the 33rd District, Chairman
Mr. President:
Your Committee on Reapportionment has had under consideration the following bills of the Senate and House and has instructed me to report the same back to the Senate with the following recommendations:
SB 2 EX. Do pass by substitute. HB 3 EX. Do pass.
Respectfully submitted, Senator Hudson of the 35th District, Chairman
FRIDAY, AUGUST 28, 1981
113
The following bills of the Senate and House were read the second time:
SB 2 EX. By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
HB 2 EX. By Representatives Snow of the 1st, Walker of the 115th, Murphy of the 18th and others:
A bill to enact the statutory portion of the codification of Georgia laws prepared by the Code Revision Commission and the Michie Company; to provide for a statement of purpose; to provide for the publication of the Official Code of Georgia Annotated.
HB SEX. By Representative Wilson of the 19th:
A bill to amend Code Chapter 47-1 so as to provide for the composition and number of state representative districts; to provide for the number of Representatives.
The President called for the morning roll call, and the following Senators answered to their names:
Those voting in the affirmative were Senators:
Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dean Eldridge English
Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill
Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester
Those not answering were Senators:
Deal
Tate
Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Tysinger Walker Wessels
Trulock
114
JOURNAL OF THE SENATE
Senator Horton of the 17th introduced the chaplain of the day, Reverend Jim Bradshaw, pastor of the First Baptist Church, McDonough, Georgia, who offered scripture reading and prayer.
The following resolution of the Senate was read and adopted:
SR 4 EX. By Senator Kennedy of the 4th: A resolution commending Al Parker.
SENATE CALENDAR Friday, August 28, 1981
HB 1 EX. Supplementary Appropriation for Georgia Bureau of Investigation Complex provide (Approp 46th)
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 1 EX. By Representatives Harris of the 8th, Lambert of the 112th, Murphy of the 18th and others:
A bill to provide a supplementary appropriation for the Georgia Department of Administrative Services for the fiscal year ending June 30, 1982, in addition to any other appropriations heretofore or hereafter made for the operation of state government and the purposes provided for herein; to provide an effective date.
Senate Sponsor: Senator Broun of the 46th.
Senator Tysinger of the 41st offered the following amendment:
Amend HB 1 EX by striking the figure of "$16,500,000"
where it occurs on Page 1, lines 20, 23, 24 and 25, and on Page 2, lines 4, 5and8, and inserting in lieu thereof the figure
"$13,500,000".
FRIDAY, AUGUST 28, 1981
115
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Ballard
Bell Bond Brantley
Coverdell
Hill Hudgins Land
Scott
Stumbaugh Sutton Tysinger
Those voting in the negative were Senators:
Allgood Barker Barnes Bowen Brannon Broun of 46th Brown of 47th Cobb Coleman Deal Dean Eldridge English
Engram
Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Holloway Horton Howard Hudson Kennedy Kidd
Lester
Littlefield McGill McKenzie Reynolds Robinson Starr Stephens Summers Tate Thompson Timmons Turner Walker
Wessels
Not voting were Senators Bryant and Trulock.
On the adoption of the amendment, the yeas were 12, nays 42, and the amendment was lost.
Senator Bell of the 5th offered the following amendment:
Amend HB 1 EX by deleting Section 1 in its entirety and inserting in lieu thereof the following:
"Section 1. State of Georgia General Obligation Debt Sinking Fund.
Budget Unit: State of Georgia General Obligation Debt Sinking Fund (New) . . . $2,805,000
Provided, that from the above appropriated amount for the State of Georgia General Obligation Debt Sinking Fund, $2,805,000 is specifically appropriated for the purpose of constructing and equipping a complex to house the functions of the Georgia Bureau of Investigation through the issuance of not more than $ 16,500,000 in principal amount of General Obligation Debt.
116
JOURNAL OF THE SENATE
Section 1A. Georgia State Financing and Investment Commission.
It is the intent of this General Assembly that the General Obligation Bonds authorized for the construction and equipping of a new Georgia Bureau of Investigation complex authorized in this supplementary appropriations act shall not be for a term of more than twenty years nor less than ten years.''
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Barnes Bell Bond Brannon Brantley
Bryant Coverdell Dean Greene Hudgins
Kidd Land Littlefield McKenzie Stephens
Those voting in the negative were Senators:
Allgood Ballard Barker Bowen
Broun of 46th Brown of 47th Cobb Coleman Deal Eldridge English Engram Fincher of 52nd
Fincher of 54th Foster Garner Gillis
Holloway Horton Howard Hudson Kennedy Lester McGill Reynolds Robinson
Scott Starr Stumbaugh Summers
Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Those not voting were Senators:
Evans
Hill
Trulock
On the adoption of the amendment, the yeas 15, nays 38, and the amendment was lost.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
FRIDAY, AUGUST 28, 1981
117
Those voting in the affirmative were Senators:
Allgood Barker Barnes Bowen Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Eldridge English
Engram Fincher of 52nd Fincherof 54th Foster Garner Gillis Holloway Horton Howard Hudson Kennedy Lester Littlefield
Those voting in the negative were Senators:
Ballard Bell Bond Brannon Coverdell
Dean Greene Hudgins Kidd Land
Those not voting were Senators:
Evans
Hill
McGill McKenzie Reynolds Robinson Scott Starr Summers Tate Thompson Timmons Turner Walker Wessels
Stephens Stumbaugh Sutton Tysinger
Trulock
On the passage of the bill, the yeas were 39, nays 14.
The bill, having received the requisite constitutional majority, was passed.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, August 31, and the motion prevailed.
At 1:05 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. Monday, August 31.
118
JOURNAL OF THE SENATE
Senate Chamber, Atlanta, Georgia Monday, August 31, 1981
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Friday, August 28, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The President called for the morning roll call, and the following Senators answered to their names:
Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dean Eldridge
English Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Holloway Horton Hudgins Hudson Kennedy Kidd Land Lester
Littlefield McGill McKenzie Reynolds Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Trulock Turner Tysinger Walker Wessels
Those not answering were Senators:
Deal Greene
Howard
Tate
Robinson
Senator Fincher of the 54th introduced the chaplain of the day, Reverend Albert Bruce, pastor of Columbia Drive Methodist Church, Decatur, Georgia, who offered scripture reading and prayer.
MONDAY, AUGUST 31, 1981
119
SENATE CALENDAR Monday, August 31, 1981
SB 2 EX. Congressional Districts composition (SUB) (Reappor 35th| HB 2 EX. Code of Georgia enact (Judy 33rd) HB 3 EX. Representative Districts composition and number (Reappor 25th)
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB SEX. By Representative Wilson of the 19th:
A bill to amend Code Chapter 47-1 so as to provide for the composition and number of state representative districts; to provide for the number of Representatives.
Senate Sponsor: Senator Kidd of the 25th.
Senator Hudson of the 35th offered the following amendment:
Amend HB 3 EX by striking from line 53 of Page 4 the following:
"Blocks 116 and 125",
and inserting in lieu thereof the following:
"Blocks 116 through 125".
By striking the descriptions of House District No. 155 and House District No. 156 in their entirety and inserting in lieu thereof the following:
"District No. 155 1 Representative
Glynn Tract 9903 Blocks 103 through 138 That part of Block 140 within the City of Brunswick Blocks 141 through 145, 147 through 155, and 161 Block Groups 2 through 4 Tract 9904 Block Group 1 Blocks 201 and 203 through 234 Block Group 4 Tracts 9905 through 9907 and 9907.99
120
JOURNAL OF THE SENATE
District No. 156 1 Representative
Glynn Tracts 990 land 9902 Tract 9903 Blocks 101, 102, and 139 That part of Block 140 outside the City of Brunswick Tract 9904 Block 202 Block Group 3 Tract 9908
Mclntosh"
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the passage of the bill, was agreed to as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean
Eldridge English Engram Evans Fincherof 52nd Foster Garner Gillis Horton Howard Hudgins Hudson Kennedy Land Lester Littlefield
Those voting in the negative were Senators:
Broun of 46th
Kidd
Holloway
Those not voting were Senators:
Fincher of 54th Greene
Hill Robinson
McGill McKenzie Reynolds Scott Starr Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Wessels
Walker
Stumbaugh
MONDAY, AUGUST 31, 1981
121
On the passage of the bill, the yeas were 47, nays 4.
The bill, having received the requisite constitutional majority, was passed as amended.
Senator Hudson of the 35th moved that HB 3 EX be immediately transmitted to the House.
On the motion, the yeas were 38, nays 0; the motion prevailed, and HB 3 EX was immediately transmitted to the House.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, as amended, by the requisite constitutional majority the following bill of the Senate:
SB 1 EX. By Senators Allgood of the 22nd, Gillis of the 20th, Kennedy of the 4th and others:
A bill to amend Code Section 47-102, relating to state senatorial districts, as amended, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators.
The following general bill of the Senate, favorably reported by the committee, was read the third time and put upon its passage:
SB 2 EX. By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
The Senate Committee on Reapportionment offered the following substitute to SB 2 EX:
A BILL
To be entitled an Act to amend Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 89) and an Act approv-
122
JOURNAL OF THE SENATE
ed March 16, 1972 (Ga. Laws 1972, p. 235), so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide definitions; to provide certain provisions relative to certain boards or bodies; to provide for other matters relative to the foregoing; to incorporate the provisions of Code Section 34-1801, relating to congressional districts, Code Section 34-1802, relating to definitions, and Code Section 34-1803, relating to boards or bodies, as such Code sections shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, into the Official Code of Georgia Annotated; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 89] and an Act approved March 16, 1972 (Ga. Laws 1972, p. 235|, is hereby amended by striking Code Section 34-1801 in its entirety and substituting in lieu thereof new Code sections to read as follows:
"34-1801. (a) The state is divided into ten congressional districts, each of said districts being entitled to elect one representative to the Congress of the United States. Each such district shall be composed of either a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter.
District No. 1
Bryan Bulloch Burke Camden Candler Chatham Effingham Emanuel Evans Glascock Glynn Jefferson Jenkins Johnson Liberty Long Mclntosh Montgomery Screven Tattnall Toombs
MONDAY, AUGUST 31, 1981
123
District No. 2
Baker Ben Hill Berrien Brooks Calhoun Clay Colquitt Cook Crisp Decatur Dougherty Early Echols Grady Irwin Lee Lowndes Miller Mitchell Quitman Randolph Seminole Terrell Thomas Tift Turner Wilcox Worth
District No. 3
Chattahoochee Crawford Dooly Harris Heard Houston Lamar Macon Marion Meriwether Monroe Muscogee Peach Pike Pulaski Schley Stewart Sumter Talbot Taylor Troup Upson Webster
124
JOURNAL OF THE SENATE
District No. 4
DeKalb Tracts 201, 202, 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215,216.01 through 216.03, 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225, 226, 230, 231.02, 231.04, 232.01 through 232.03, 233.01 through 233.04, 234.06, and 234.07
Fulton Tracts 1,2, and 4 through 6 Tract 10.95 Block Group 1 Tracts 11, 89 through 100, 101.01, 101.03, 101.04, 102.01, 102.02, 114.01, 114.02, 115, and 116
Rockdale
District No. 5
DeKalb Tracts 203 through 209, 227 through 229, 231.01, 231.03, 234.03 through 234.05, 235.01 through 235.03, 236, 237, and 238.01 through 238.03
Fulton Tracts 7 and 8 Tract 10.95 Block Groups 2 through 7 Tracts 12 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88, 103, and 105.03 Tract 105.04 Block Group 1 Blocks 201 through 217, 232, 301 through 326, 337, and 351 Tract 105.05 Block Groups 1 through 4 and 9 Tract 105.06 Block Group 3 Tracts 106.01, 106.02, 107 through 111, 112.01, 112.02, 113.01, and 113.02
MONDAY, AUGUST 31, 1981
125
District No. 6
Carroll Clayton Coweta Douglas Fayette Floyd Fulton
Tract 104 Tract 105.04
Blocks 219 through 231, 233, 335, and 336
Block Groups 4 and 6 Tract 105.05
Block Groups 5 and 6 Tract 105.06
Block Groups 1,2,4, and 6 through 9 Haralson Paulding Polk Spalding
District No. 7
Bartow Catoosa Chattooga Cobb Dade Gordon
Tract 9902 Blocks 135 through 153 Block Group 2 Blocks 302 through 354
Tract 9903 Block Groups 2 and 3
Tract 9904 Block Group 2
Tracts 9906 through 9909 Walker Whitfield
District No. 8
Appling Atkinson Bacon Baldwin Bibb Bleckley Brantley Butts Charlton Clinch
126
JOURNAL OF THE SENATE
Coffee Dodge Henry Jasper Jeff Davis Jones Lanier Laurens Pierce Putnam Telfair Treutlen Twiggs Ware Wayne Wheeler Wilkinson
District No. 9
Banks Barrow Cherokee Dawson Fannin Forsyth Gilmer Gordon
Tract 9901 Tract 9902
Blocks 101 through 134 and 301 Tract 9903
Block Group 1 Tract 9904
Block Group 1 Tract 9905 Gwinnett Habersham Hall Jackson Lumpkin Murray Pickens Rabun Stephens Towns Union White
District No. 10
Clarke Columbia Elbert
MONDAY, AUGUST 31, 1981
127
Franklin Greene Hancock Hart Lincoln Madison McDuffie Morgan Newton Oconee Oglethorpe Richmond Taliaferro Walton Warren Washington Wilkes
(b| Any portion of this state which is not included in any district described in this Code section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1980 for this state.
(c) The first members elected pursuant to the above provisions shall be those who are elected to take office in January, 1983. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 1982 for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this Code section shall be effective January 1, 1983.
34-1802. For purposes of this Code chapter, the terms 'Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
34-1803. Any member of any constitutional or statutory board or body who is in office on January 1, 1983, and who was appointed on the basis of residency within a congressional district shall serve out the term for which the member was appointed and shall represent the congressional district created by this Code chapter in which the member resides unless more members of the board or body than authorized by the applicable constitutional provision or statute reside within the same congressional district. In the event any congressional district created by this Code chapter has residing therein more members of any such board or body than
128
JOURNAL OF THE SENATE
the number of members specified by the applicable constitutional provision or statute, the appointing authority shall designate which member or members representing the congressional district shall continue to serve as a member or members of the board or body. Any member not designated for continued membership shall cease to hold office at such time as the appointing authority makes such designation. If a congressional district created by this Code chapter is not represented on a board or body as specified by the applicable constitutional provision or statute, the appointing authority shall appoint to the board or body a member or members from the congressional district which does not have sufficient representation. The initial appointment of such member or members shall be for a term or terms ending on the date or dates on which the term or terms of the member or members removed by the foregoing requirement would have ended."
Section 2. (a) Code Section 34-1801, relating to congressional districts, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-4 and shall be substituted in lieu of and shall become Code Section 21-2-4 of the Official Code of Georgia Annotated.
(b) Code Section 34-1802, relating to definitions, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-3 and shall become Code Section 21-2-3 of the Official Code of Georgia Annotated.
(c) Code Section 34-1803, relating to boards or bodies, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-4.1 and shall become Code Section 21-2-4.1 of the Official Code of Georgia Annotated.
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 4. (a) Except as provided in subsection (b), this Act shall become effective when signed by the Governor or upon its becoming law without his signature.
(b) Section 2 of this Act shall become effective November 1, 1982, but only in the event that the Official Code of Georgia Annotated becomes law by such date. If the Official Code of Georgia Annotated does not become law by such date, Section 2 shall be null and void and shall stand repealed in its entirety.
MONDAY, AUGUST 31, 1981
129
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Reynolds of the 48th offered the following amendment:
Amend the substitute to SB 2 EX offered by the Senate Committee on Reapportionment by striking the description of Congressional District No. 7 in its entirety and substituting in lieu thereof the following:
"District No. 7
Bartow Catoosa Chattooga Cherokee Cobb Dade Gordon Walker"
By striking the description of Congressional District No. 9 in its entirety and substituting in lieu thereof the following:
"District No. 9
Banks Barrow Dawson Fannin Forsyth Gilmer Gwinnett Habersham Hall Jackson Lumpkin Murray Pickens Rabun Stephens Towns Union White Whitfield"
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:
130
JOURNAL OF THE SENATE
Those voting in the affirmative were Senators:
Allgood Ballard Barker Barnes Bond Bowen Broun of 46th Bryant Cobb Coleman Dean Eldridge English Engram
Fincher of 52nd Garner Gillis Greene Hill Holloway Horton Hudgins Kennedy Kidd Lester Littlefield McGill
Those voting in the negative were Senators:
Bell Brannon Brantley Brown of 47th Coverdell
Deal Evans Fincher of 54th Foster Howard
Not voting was Senator Robinson.
McKenzie Reynolds Scott Starr Stephens Summers Tate Thompson Timmons Trulock Turner Walker Wessels
Hudson Land Stumbaugh Sutton Tysinger
On the adoption of the amendment, the yeas were 40, nays 15, and the amendment was adopted.
The President announced that the Senate would stand in recess from 12:00 o'clock Noon until 1:00 o'clock P.M.
At 1:25 o'clock P.M., the President called the Senate to order. The Senate continued its consideration of SB 2 EX.
Senators Hudson of the 35th and Starr of the 44th offered the following substitute to the substitute to SB 2 EX offered by the Senate Committee on Reapportionment:
A BILL
To be entitled an Act to amend Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 89) and an Act approved March 16, 1972 (Ga. Laws 1972, p. 235), so as to provide for
MONDAY, AUGUST 31, 1981
131
the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide definitions; to provide certain provisions relative to certain boards or bodies; to provide for other matters relative to the foregoing; to incorporate the provisions of Code Section 34-1801, relating to congressional districts, Code Section 34-1802, relating to definitions, and Code Section 34-1803, relating to boards or bodies, as such Code sections shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, into the Official Code of Georgia Annotated; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 89] and an Act approved March 16, 1972 (Ga. Laws 1972, p. 235], is hereby amended by striking Code Section 34-1801 in its entirety and substituting in lieu thereof new Code sections to read as follows:
"34-1801. (a) The state is divided into ten congressional districts, each of said districts being entitled to elect one representative to the Congress of the United States. Each such district shall be composed of either a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter.
District No. 1
Bryan Bulloch Burke Camden Candler Chatham Effingham Emanuel Evans Glascock Glynn Jefferson Jenkins Johnson Liberty Long Mclntosh Montgomery Screven Tattnall Toombs
132
JOURNAL OF THE SENATE
District No. 2
Baker Brooks Calhoun Clay Colquitt Cook Crisp Decatur Dooly Dougherty Early Echols Grady Lee Lowndes Miller Mitchell Quitman Randolph Seminole Stewart Sumter Terrell Thomas Tift Turner Webster Worth
District No. 3
Butts Chattahoochee Crawford Harris Heard Houston Jasper Lamar Macon Marion Meri wether Monroe Muscogee Newton Peach Pike Schley Talbot Taylor Troup Upson
MONDAY, AUGUST 31, 1981
133
District No. 4
DeKalb Tracts 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225 through 230, 231.01 through 231.04, 232.01 through 232.03, 233.01 through 233.04, 234.03 through 234.07, 235.01 through 235.03, 236, and 238.03
Gwinnett Tracts 503.01 through 503.03, 504.01 through 504.05, 507.02, and 507.04
Rockdale
District No. 5
DeKalb Tracts 201 through 209, 237, 238.01, and 238.02
Fulton Tracts 1,2, 4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88 through 100, 101.01, 101.03, 101.04, 102.01, 102.02, 103, 104, and 105.05 Tract 105.06 Block Group 1 Tracts 114.01, 114.02, 115, and 116
District No. 6
Carroll Clayton Coweta Douglas Fayette Fulton
Tracts 105.03 and 105.04 Tract 105.06
Block Groups 2 through 4 and 6 through 9
134
JOURNAL OF THE SENATE
Tracts 106.01, 106.02, 107 through 111, 112.01, 112.02, 113.01, and 113.02
Haralson Henry Paulding Spalding
District No. 7
Bartow Chattooga Cobb Bade Floyd Polk Walker
District No. 8
Appling Atkinson Bacon Baldwin Ben Hill Berrien Bibb Bleckley Brantley Charlton Clinch Coffee Dodge Irwin Jeff Davis Jones Lanier Laurens Pierce Pulaski Putnam Telfair Treutlen Twiggs Ware Wayne Wheeler Wilcox Wilkinson
District No. 9
Banks Catoosa Cherokee
MONDAY, AUGUST 31, 1981
135
Dawson Fannin Forsyth Franklin Gilmer Gordon Gwinnett
Tracts 501, 502.01, 502.02, 505.01 through 505.05, 506, 507.01, 507.03, and 507.05
Habersham Hall Lumpkin Murray Pickens Rabun Stephens Towns Union White Whitfield
District No. 10
Barrow Clarke Columbia Elbert Greene Hancock Hart Jackson Lincoln McDuffie Madison Morgan Oconee Oglethorpe Richmond Taliaferro Walton Warren Washington Wilkes
(b) Any portion of this state which is not included in any district described in this Code section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1980 for this state.
(c) The first members elected pursuant to the above provisions shall be those who are elected to take office in January, 1983. Successors to those members and future successors shall likewise be
136
JOURNAL OF THE SENATE
elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 1982 for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this Code section shall be effective January 1, 1983.
34-1802. For purposes of this Code chapter:
(a) The terms 'Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(b) Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
34-1803. Any member of any constitutional or statutory board or body who is in office on January 1, 1983, and who was appointed on the basis of residency within a congressional district shall serve out the term for which the member was appointed and shall represent the congressional district created by this Code chapter in which the member resides unless more members of the board or body than authorized by the applicable constitutional provision or statute reside within the same congressional district. In the event any congressional district created by this Code chapter has residing therein more members of any such board or body than the number of members specified by the applicable constitutional provision or statute, the appointing authority shall designate which member or members representing the congressional district shall continue to serve as a member or members of the board or body. Any member not designated for continued membership shall cease to hold office at such time as the appointing authority makes such designation. If a congressional district created by this Code chapter is not represented on a board or body as specified by the applicable constitutional provision or statute, the appointing authority shall appoint to the board or body a member or members from the congressional district which does not have sufficient representation. The initial appointment of such member or members shall be for a term or terms ending on the date or dates on which the term or terms of the member or members removed by the foregoing requirement would have ended."
Section 2. (a) Code Section 34-1801, relating to congressional districts, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-4 and shall be substituted in lieu of and shall become Code Section 21-2-4 of the Official Code of Georgia Annotated.
MONDAY, AUGUST 31, 1981
137
(b) Code Section 34-1802, relating to definitions, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-3 and shall become Code Section 21-2-3 of the Official Code of Georgia Annotated.
(c) Code Section 34-1803, relating to boards or bodies, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-4.1 and shall become Code Section 21-2-4.1 of the Official Code of Georgia Annotated.
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 4. (a) Except as provided in subsection (b), this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Section 2 of this Act shall become effective November 1, 1982, but only in the event that the Official Code of Georgia Annotated becomes law by such date. If the Official Code of Georgia Annotated does not become law by such date, Section 2 shall be null and void and shall stand repealed in its entirety.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Bond of the 39th offered the following amendment:
Amend the substitute offered by Senators Hudson of the 35th and Starr of the 44th to the substitute to SB 2 EX offered by the Senate Committee on Reapportionment by striking the descriptions of Congressional District No. 4 and Congressional District No. 5 in their entirety and substituting in lieu thereof the following:
"District No. 4
DeKalb Tracts211, 212.02 through212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03,
138
JOURNAL OF THE SENATE
221, 222, 223.01, 223.02, 224.01 through 224.03, 231.04, 232.01, 233.01 through 233.04, and 234.07 Fulton Tracts 90, 91,93 through 100, 101.01, 101.03, 101.04, 102.01, 102.02, 114.01, 114.02, 115, and 116 Gwinnett Tracts 503.01 through 503.03, 504.01 through 504.05, 507.02, and 507.04 Rockdale
District No. 5
DeKalb Tracts 201 through 209, 225 through 230, 231.01 through 231.03, 232.02, 232.03, 234.03 through 234.06, 235.01 through 235.03, 236, 237, and 238.01 through 238.03
Fulton Tracts 1, 2, 4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88, 89, 92, 103, 104, and 105.05 Tract 105.06 Block Group 1"
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Barker Bell Bond Bowen Brantley Brown of 47th Bryant Cobb
Coleman Coverdell Eldridge English
Fincher of 52nd Fincher of 54th Gillis Greene Hill Holloway Horton Hudgins Kennedy Kidd
Land Lester McGill McKenzie
Reynolds Robinson Scott Stephens Summers Sutton Tate Timmons Trulock Turner
Tysinger Walker Wessels
MONDAY, AUGUST 31, 1981
139
Those voting in the negative were Senators:
Barnes Brannon Broun of 46th Deal Dean
Engram Evans Foster Garner Howard
Hudson Littlefield Starr Stumbaugh Thompson
On the adoption of the amendment, the yeas were 41, nays 15, and the amendment offered by Senator Bond of the 39th to the substitute to SB 2 EX offered by Senators Hudson of the 35th and Starr of the 44th was adopted.
Senator Holloway of the 12th offered the following amendment:
Amend the substitute offered by Senators Hudson of the 35th and Starr of the 44th to the substitute to SB 2 EX offered by the Senate Committee on Reapportionment by striking the descriptions of Congressional District No. 2 and Congressional District No. 3 in their entirety and substituting in lieu thereof the following:
"District No. 2
Baker Ben Hill Berrien Brooks Calhoun Clay Colquitt Cook Crisp Decatur Dougherty Early Echols Grady Irwin Lee Lowndes Miller Mitchell Quitman Randolph Seminole Stewart Terrell Thomas Tift Turner Webster Worth
140
JOURNAL OF THE SENATE
District No. 3
Butts Chattahoochee Crawford Dooly Harris Heard Houston Lamar Macon Marion Meriwether Monroe Muscogee Peach Pike Schley Sumter Talbot Taylor Troup Upson"
By striking the description of Congressional District No. 8 in its entirety and substituting in lieu thereof the following:
"District No. 8
Appling Atkinson Bacon Baldwin Bibb Bleckley Brantley Charlton Clinch Coffee Dodge Jasper Jeff Davis Jones Lanier Laurens Newton Pierce Pulaski Putnam Telfair Treutlen Twiggs Ware
MONDAY, AUGUST 31, 1981
141
Wayne Wheeler Wilcox Wilkinson"
On the adoption of the amendment, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Bell
Bond Bowen Brannon Brantley Broun of 46th Bryant Cobb Coleman Coverdell Dean Eldridge Engram
Evans
Fincher of 54th Garner Holloway Horton Hudgins Hudson Kennedy Kidd Land Littlefield McGill McKenzie
Starr
Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Wessels
Those voting in the negative were Senators:
Allgood
Ballard Barnes Brown of 47th Deal English
Fincher of 52nd
Foster Gillis Greene Hill Howard
Lester
Reynolds Robinson Scott Walker
Not voting was Senator Barker.
On the adoption of the amendment, the yeas were 38, nays 17, and the amendment offered by Senator Holloway of the 12th to the substitute to SB 2 EX offered by Senators Hudson of the 35th and Starr of the 44th was adopted.
Senator Turner of the 8th offered the following substitute to the substitute to SB 2 EX offered by the Senate Committee on Reapportionment:
A BILL
To be entitled an Act to amend Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 89) and an Act approved March 16, 1972 (Ga. Laws 1972, p. 235), so as to provide for
142
JOURNAL OF THE SENATE
the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide definitions; to provide certain provisions relative to certain boards or bodies; to provide for other matters relative to the foregoing; to incorporate the provisions of Code Section 34-1801, relating to congressional districts, Code Section 34-1802, relating to definitions, and Code Section 34-1803, relating to boards or bodies, as such Code sections shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, into the Official Code of Georgia Annotated; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 89) and an Act approved March 16, 1972 (Ga. Laws 1972, p. 235), is hereby amended by striking Code Section 34-1801 in its entirety and substituting in lieu thereof new Code sections to read as follows:
"34-1801. (a) The state is divided into ten congressional districts, each of said districts being entitled to elect one representative to the Congress of the United States. Each such district shall be composed of either a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter.
District No. I
Brantley Bryan Bulloch Burke Camden Candler Charlton Chatham Effingham Emanuel Evans GSynn Jenkins Liberty Long Mclntosh Screven Tattnall Toombs Wayne
MONDAY, AUGUST 31, 1981
143
District No. 2
Baker Berrien Brooks Calhoun Clay Clinch Colquitt Cook Decatur Dougherty Early Echols Grady Lanier Lee Lowndes Miller Mitchell Pierce Quitman Randolph Seminole Terrell Thomas Tift Ware Worth
District No. 3
Chattahoochee Crawford Crisp Dooly Harris Heard Houston La mar Macon Marion Meriwether Muscogee Peach Pike Schley Stewart Sumter Talbot Taylor Troup Upson Webster
144
JOURNAL OF THE SENATE
District No. 4
DeKalb Tracts 201, 203, 207 through 209, 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225 through 230, 231.01 through 231.04, 232.01 through 232.03, 233.01 through 233.04, 234.03 through 234.07, 235.01 through 235.03, 236, 237, and 238.01 through 238.03
Henry Rockdale
District No. 5
DeKalb Tracts 202 and 204 through 206
Fulton Tracts 1,2, 4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88 through 100, 101.01, 101.03, 101.04, 102.01, 103, 104, 105.03 through 105.06, 106.01, 106.02, 107 through 111, 112.01, 112.02, 113.01, and 113.02
District No. 6
Bartow Carroll Chattooga Clayton Coweta Douglas Fayette Floyd Gordon Haralson Polk
MONDAY, AUGUST 31, 1981
145
District No. 7
Cobb Fulton
Tracts 102.02, 114.01, 114.02, 115, and 116
Gwinnett Paulding
District No. 8
Appling Atkinson Bacon Baldwin Ben Hill Bibb Bleckley Butts Coffee Dodge Irwin Jasper Jeff Davis Johnson Jones Laurens Monroe Montgomery Pulaski Spalding Telfair Treutlen Turner Twiggs Washington Wheeler Wilcox Wilkinson
District No. 9
Banks Catoosa Cherokee Dade Dawson Fannin Forsyth Franklin Gilmer Habersham Hall Hart
146
JOURNAL OF THE SENATE
Jackson Lumpkin Murray Pickens Rabun Stephens Towns Union Walker White Whitfield
District No. 10
Barrow Clarke Columbia Elbert Glascock Greene Hancock Jefferson Lincoln McDuffie Madison Morgan Newton Oconee Oglethorpe Putnam Richmond Taliaferro Walton Warren Wilkes
(b) Any portion of this state which is not included in any district described in this Code section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1980 for this state.
(c) The first members elected pursuant to the above provisions shall be those who are elected to take office in January, 1983. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 1982 for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this Code section shall be effective January 1, 1983.
MONDAY, AUGUST 31, 1981
147
34-1802. For purposes of this Code chapter:
(a) The terms 'Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(b] Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
34-1803. Any member of any constitutional or statutory board or body who is in office on January 1, 1983, and who was appointed on the basis of residency within a congressional district shall serve out the term for which the member was appointed and shall represent the congressional district created by this Code chapter in which the member resides unless more members of the board or body than authorized by the applicable constitutional provision or statute reside within the same congressional district. In the event any congressional district created by this Code chapter has residing therein more members of any such board or body than the number of members specified by the applicable constitutional provision or statute, the appointing authority shall designate which member or members representing the congressional district shall continue to serve as a member or members of the board or body. Any member not designated for continued membership shall cease to hold office at such time as the appointing authority makes such designation. If a congressional district created by this Code chapter is not represented on a board or body as specified by the applicable constitutional provision or statute, the appointing authority shall appoint to the board or body a member or members from the congressional district which does not have sufficient representation. The initial appointment of such member or members shall be for a term or terms ending on the date or dates on which the term or terms of the member or members removed by the foregoing requirement would have ended."
Section 2. (a) Code Section 34-1801, relating to congressional districts, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-4 and shall be substituted in lieu of and shall become Code Section 21-2-4 of the Official Code of Georgia Annotated.
(b) Code Section 34-1802, relating to definitions, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-3 and shall become Code Section 21-2-3 of the Official Code of Georgia Annotated.
(c) Code Section 34-1803, relating to boards or bodies, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-4.1 and shall become Code Section 21-2-4.1 of the Official Code of Georgia Annotated.
148
JOURNAL OF THE SENATE
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 4. (a) Except as provided in subsection (b), this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Section 2 of this Act shall become effective November 1, 1982, but only in the event that the Official Code of Georgia Annotated becomes law by such date. If the Official Code of Georgia Annotated does not become law by such date, Section 2 shall be null and void and shall stand repealed in its entirety.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
On the adoption of the substitute offered by Senator Turner of the 8th to the substitute to SB 2 EX offered by the Senate Committee on Reapportionment, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Ballard Brown of 47th Fincher of 52nd Fincher of 54th Greene
Howard Hudgins Lester Littlefield Stumbaugh
Sutton Timmons Trulock Turner
Those voting in the negative were Senators:
Allgood Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Bryant Cobb Coleman Coverdell Deal Dean
Eldridge English Engram Evans Foster Garner Gillis Hill Holloway Horton Hudson Kennedy Kidd
Land McGill McKenzie Reynolds Robinson Scott Starr Stephens Summers Tate Thompson Tysinger Walker
MONDAY, AUGUST 31, 1981
149
Not voting were Senators Barker and Wessels.
On the adoption of the substitute to the committee substitute, the yeas were 14,
nays 40, and the substitute offered by Senator Turner of the 8th to the committee substitute was lost.
On the adoption of the substitute offered by Senators Hudson of the 35th and Starr of the 44th to the substitute to SB 2 EX offered by the Senate Committee on Reapportionment, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Barker Barnes Bell Bowen Brannon Brantley
Broun of 46th Coverdell Dean
Eldridge Engram
Evans Fincher of 54th Foster Garner Gillis Greene
Holloway Horton Hudgins
Hudson Kidd
Land Littlefield McGill Robinson Starr Stephens
Sutton Thompson Trulock
Tysinger Walker
Those voting in the negative were Senators:
Allgood Ballard Bond Brown of 47th Bryant Cobb Coleman Deal
English Fincher of 52nd Hill Howard Kennedy Lester McKenzie Reynolds
Scott Stumbaugh Summers Tate Timmons Turner Wessels
On the adoption of the substitute to the committee substitute, the yeas were 33, nays 23, and the substitute offered by Senators Hudson of the 35th and Starr of the 44th to the committee substitute was adopted as amended.
On the adoption of the substitute to SB 2 EX offered by the Senate Committee on Reapportionment, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Barker Barnes Bell
Bond Bowen Brannon Brantley
Broun of 46th Bryant Cobb Coleman
150
JOURNAL OF THE SENATE
Coverdell Dean Eldridge English Engram Evans Fincher of 54th Foster Garner Gillis Greene Holloway
Horton Hudgins Hudson Kennedy Land Lester Littlefield McGill McKenzie Robinson Scott Starr
Those voting in the negative were Senators:
Ballard Brown of 47th Deal
Fincher of 52nd Hill Howard
Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Kidd Reynolds Stumbaugh
On the adoption of the substitute to SB 2 EX offered by the Senate Committee on Reapportionment, the yeas were 47, nays 9, and the committee substitute was adopted by substitute as amended.
The report of the committee, which was favorable to the passage of the bill by substitute, was agreed to by substitute as amended.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood
Barker Barnes Bell Bond Bowen Brannon Brantley
Broun of 46th Bryant Cobb Coleman Coverdell Dean Eldridge English
Engram
Evans
Fincher of 54th Foster Garner Gillis Greene Hill Holloway
Horton Hudgins Hudson Kennedy Kidd Land Lester Littlefield
McGill
McKenzie Robinson Scott Starr Stephens Summers Sutton
Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
MONDAY, AUGUST 31, 1981
151
Those voting in the negative were Senators:
Ballard Brown of 47th
Deal
Fincher of 52nd Howard
On the passage of the bill, the yeas were 49, nays 7.
Reynolds Stumbaugh
The bill, having received the requisite constitutional majority, was passed by substitunte.
Senator Starr of the 44th moved that SB 2 EX be immediately transmitted to the House.
On the motion, the yeas were 46, nays 0; the motion prevailed, and SB 2 EX was immediately transmitted to the House.
The following bill of the Senate was taken up for the purpose of considering the House amendment thereto:
SB 1 EX. By Senators Allgood of the 22nd, Gillis of the 20th, Kennedy of the 4th and others:
A bill to amend Code Section 47-102, relating to state senatorial districts, as amended, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators.
The House amendment was as follows:
Amend SB 1 EX by striking the description of Senate District No. 56 and substituting in lieu thereof the following:
"District No. 56
Cobb Tracts 303.04 and 303.05 Tract 303.06 Block Groups 1 and 2 Block 301 Block Groups 4 through 6 and 9
Forsyth Tract 1306
Fulton Tract 101.04 Block Group 4 Tracts 102.02, 114.01, 114.02, 115, and 116"
152
JOURNAL OF THE SENATE
Senator Allgood of the 22nd moved that the Senate disagree to the House amendment to SB 1 EX.
On the motion, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge English
Engram
Evans
Fincher of 52nd
Fincher of 54th
Foster
Garner
Gillis
Greene
Hill
Holloway
Horton
Howard
Hudson
Kennedy
Kidd
Land
.
Lester
Littlefield
McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Not voting was Senator Hudgins.
On the motion, the yeas were 55, nays 0; the motion prevailed, and the Senate disagreed to the House amendment to SB 1 EX.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in amending the following bill of the Senate:
SB 1 EX. By Senators Allgood of the 22nd, Gillis of the 20th, Kennedy of the 4th and others:
A bill to amend Code Section 47-102, relating to state senatorial districts, as amended, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators.
MONDAY, AUGUST 31, 1981
153
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 2:35 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.
154
JOURNAL OF THE SENATE
Senate Chamber, Atlanta, Georgia Tuesday, September 1, 1981
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has agreed to the Senate amendment to the following bill of the House:
HB 3 EX. By Representative Wilson of the 19th:
A bill to amend Code Chapter 47-1 so as to provide for the composition and number of state representative districts; to provide for the number of Representatives.
The following resolution of the Senate was introduced, read the first time and referred to committee:
SR 6 EX. By Senator Barnes of the 33rd:
A resolution proposing an amendment to the Constitution so as to authorize the General Assembly to classify homestead property, or agricultural property, or both as a separate class of property for ad valorem tax purposes; to provide for all related matters; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Constitutional Revision.
The President called for the morning roll call, and the following Senators answered to their names:
Allgood Barker Barnes
Bell Bowen Brannon
Brantley Bryant Cobb
TUESDAY, SEPTEMBER 1, 1981
155
Coleman Dean Eldridge English Engram Evans Fincher of 52nd Fincher of 54th Garner Gillis Greene
Holloway Horton Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds
Those not answering were Senators:
Ballard Bond Broun of 46th Brown of 47th Coverdell
Deal Foster Hill Howard Hudgins
Scott Starr Stumbaugh Summers Sutton Tate Trulock Turner Tysinger Walker Wessels
Robinson Stephens Thompson Timmons
Senator Stumbaugh of the 55th introduced the chaplain of the day, Reverend John Womble, pastor of the Forest Park Baptist Church, Forest Park, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 5 EX. By Senator English of the 21st: A resolution commending the Honorable Memory King Tucker.
SR 7 EX. By Senators Greene of the 26th, Hudson of the 35th, Eldridge of the 7th and others:
A resolution recognizing and commending Mr. Ben Jones.
Senator Greene of the 26th introduced Mr. Ben Jones who briefly addressed the Senate.
Senator Stumbaugh of the 55th introduced the doctor of the day, Dr. Larry A. Baker, of Tucker, Georgia.
SENATE CALENDAR Tuesday, September 1, 1981
HB 2 EX. Code of Georgia enact (Judy 33rd)
156
JOURNAL OF THE SENATE
The following general bill of the House, favorably reported by the committee, was read the third time and put upon its passage:
HB 2 EX. By Representatives Snow of the 1st, Walker of the 115th, Murphy of the 18th and others:
A bill to enact the statutory portion of the codification of Georgia laws prepared by the Code Revision Commission and the Michie Company; to provide for a statement of purpose; to provide for the publication of the Official Code of Georgia Annotated.
Senate Sponsor: Senator Barnes of the 33rd.
The report of the committee, which was favorable to the passage of the bill, was agreed to.
On the passage of the bill, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge
English
Engram Evans Fincher of 54th Garner Gillis Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield McGill
McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Voting in the negative were Senators Ballard and Greene.
Not voting were Senators Fincher of 52nd and Foster.
On the passage of the bill, the yeas were 52, nays 2. The bill, having received the requisite constitutional majority, was passed.
TUESDAY, SEPTEMBER 1, 1981
157
The following bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 1 EX. By Senators Allgood of the 22nd, Gillis of the 20th, Kennedy of the 4th and others:
A bill to amend Code Section 47-102, relating to state senatorial districts, as amended, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators.
Senator Allgood of the 22nd moved that the Senate adhere to its disagreement to the House amendment to SB 1 EX, and that a Conference Committee be appointed.
On the motion, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Barker Barnes Bell Bond Brannon Brantley
Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean Eldridge
English
Engram Evans Fincher of 54th Garner Gillis Greene Hill Holloway
Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield
McGill
McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Those not voting were Senators:
Bowen
Fincher of 52nd
Foster
On the motion, the yeas were 53, nays 0; the motion prevailed, and the Senate adhered to its disagreement to the House amendment to SB 1 EX.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Allgood of the 22nd, Kidd of the 25th and Gillis of the 20th.
158
JOURNAL OF THE SENATE
The President announced that the Senate would stand in recess from 11:20 o'clock A.M. until 2:00 o'clock P.M.
At 2:13 o'clock, P.M., the President called the Senate to order.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in amending the following bill of the Senate:
SB 1 EX. By Senators Allgood of the 22nd, Gillis of the 20th, Kennedy of the 4th and others:
A bill to amend Code Section 47-102, relating to state senatorial districts, as amended, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators.
The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:
Representatives Ralston of the 7th, Sherrod of the 143rd, and Godbee of the 82nd.
The following bill of the Senate was taken up for the purpose of considering the Conference Committee Report thereon:
SB 1 EX. By Senators Allgood of the 22nd, Gillis of the 20th, Kennedy of the 4th and others:
A bill to amend Code Section 47-102, relating to state senatorial districts, as amended, so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators.
The Conference Committee Report on SB 1 EX was as follows:
The Conference Committee on SB 1 EX recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 1 EX be adopted.
TUESDAY, SEPTEMBER 1, 1981
159
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
Is/ Thomas F. Allgood Senator, 22nd District
Is/ Ernest Ralston Representative, 7th District
Isl Hugh Gillis Senator, 20th District
/si John Godbee Representative, 82nd District
Is/ Culver Kidd Senator, 25th District
Is/ R. Alien Sherrod Representative, 143rd District
Conference Committee substitute to SB 1 EX:
A BILL
To be entitled an Act to amend Code Section 47-102, relating to state senatorial districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 69), an Act approved March 16, 1972 (Ga. Laws 1972, p. 237), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1233), so as to provide for the composition and number of state senatorial districts; to provide for the number of Senators; to provide for certain qualifications; to provide for the election of Senators; to provide when the Senators elected shall take office; to provide for the continuation of present senatorial districts until a certain time; to provide definitions; to provide for other matters relative to the foregoing; to incorporate the provisions of Code Section 47-102, relating to state senatorial districts, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, into the Official Code of Georgia Annotated; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Section 47-102, relating to state senatorial districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 69), an Act approved March 16, 1972 (Ga. Laws 1972, p. 237), and an Act approved March 28, 1974 (Ga. Laws 1974, p. 1233), is hereby amended by striking said Code section in its entirety and substituting in lieu thereof a new Code Section 47-102 to read as follows:
"47-102. (a) There shall be 56 members of the Senate, and such membership shall be apportioned among the senatorial districts provided for in this Code section. Each Senate district shall be com-
160
JOURNAL OF THE SENATE
posed of a portion of a county, or a county, or counties, or a combination thereof, as provided for hereinafter, and shall be represented by one Senator.
District No. 1
Chatham Tracts 29, 30, 34, 35.01, 35.02, 38, 39, 40.01, 40.02, 41, 42.02, through 42.04, 101.02, 102, 105, and 106.03 Tract 108.02 Blocks 217 through 237, 302, 304 through 314, and 319 through 329 Block Groups 4 and 9 Tracts 109, 110.01, 110.02, and 111.01 through 111.03
District No. 2
Chatham Tracts 1, 3, 3.99, 6.01, 6.02, 8 through 13, 15, 17 through 28, 32,33.01,33.02, 36.01, 36.02, 37, 43 through 45, 101.01, 106.01, 106.04, 106.05, 106.99, and 107
District No. 3
Bryan Tracts 202 and 203
Chatham Tract 108.01 Tract 108.02 Block Group 1 Blocks 201 through 216, 301, and 315 through 318
Glynn Tracts 9902 through 9907 and 9907.99 Tract 9908 Block Group 1
Liberty Mclntosh
District No. 4
Bryan Tract 201
Bulloch Candler Effingham Evans Long Tattnall
TUESDAY, SEPTEMBER 1, 1981
161
District No. 5
DeKalb Tract 215 Blocks 102 through 110, 113 through 115, 130, and 131 Block Group 2 Tracts 216.01 through 216.03, 217.01, 217.02, and 218.02 through 218.04 Tract 219.01 Blocks 109 through 115, 117, 127, 129 through 135, and 140 Tracts 219.02 and 220.01 Tract 220.02 Blocks 205, 207, 208, 210 through 212, 231 through 234, 238 through 240, 401, 403, 404, 413, 414, 425, and 426 Tract 222 Blocks 101 through 110 and 513 Tract 223.02 Tract 224.02 Blocks 101 through 103, 105, 201, 203 through 206, 211 through 215, 217 through 220, and 223 through 228
District No. 6
Appling Tract 9901 Block Group 3 Tracts 9902 and 9903
Bacon Brantley Camden Charlton Glynn
Tract 9901 Tract 9908
Block Groups 2 through 5 Pierce Wayne
District No. 7
Atkinson Berrien Clinch Lanier Tift Ware
162
JOURNAL OF THE SENATE
District No. 8
Brooks Cook Echols Lowndes
District No. 9
Gwinnett Tracts 503.01 through 503.03, 504.01 through 504.05, 507.01, and 507.02 Tract 507.03 Blocks 204 through 213 Tract 507.04
District No. 10
Colquitt That part of Tract 9901 outside the City of Moultrie Tract 9902 Blocks 101 through 105 and 114 Tract 9903 Blocks 101, 105 through 110, 113 through 116, and 118 Block Group 2 Blocks 305 through 317, 326, 331, and 334 Block Groups 4 through 7 Those parts of Tracts 9904 through 9906 outside the City of Moultrie
Decatur Grady Thomas
District No. 11
Baker Calhoun Chattahoochee
Tract 201 That part of Tract 202 lying on the
southwesterly side of the following line which bisects Tract 202: begin at the point of intersection of the county line between Muscogee and Chattahoochee counties and Santa Fe Road; thence proceed in a southerly direction along Santa Fe Road to the point of intersection of Santa Fe Road and First Division Road; thence proceed in a southwesterly direction along First Division Road to the point of intersection of First Division Road and Dixie Road; thence proceed from said point of intersection in a generally southeasterly direction in a direct line to the confluence of Harps Mill Creek and Oswichee Creek; thence proceed in an easterly direction along Oswichee Creek to its point of intersection with the dividing line between Tract 201 and Tract 202,
TUESDAY, SEPTEMBER 1, 1981
163
said dividing line being as shown on the United States Army 1976 Family Housing Area Designation map for Fort Benning, the census map for the United States decennial census of 1980 for the State of Georgia, and the Georgia Department of Transportation 1976 general highway map of Chattahoochee County Clay Early Miller Mitchell Quitman Randolph Seminole Stewart Webster
District No. 12
Dougherty
District No. 13
Ben Hill Colquitt
That part of Tract 9901 within the City of Moultrie
Tract 9902 Blocks 106 through 108, 110 through 113, 115 through 120, and 122 through 137 Block Groups 2 through 6
Tract 9903 Blocks 102 through 104, 111, 112, 302 through 304, 318 through 325, 327 through 330, 332, and 333
Those parts of Tracts 9904 through 9906 within the City of Moultrie
Crisp Dooly Irwin Turner Worth
District No. 14
Lee Macon Peach Schley Sumter Taylor Terrell
164
JOURNAL OF THE SENATE
District No. 15
Chattahoochee That part of Tract 202 not within Senate District No. 11
Muscogee Tracts 22 through 25, 27, 28, 29.01, 29.02, 30 through 34, 106.02 through 106.04, 107.01 through 107.03, 108, and 109
District No. 16
Marion Muscogee
Tracts 1 through 16, 18 through 21, 26, 101.01, 101.02, 102.01, 102.02, 103.01, 103.02, 104.01, 104.02, 105, and 110
Talbot
District No. 17
Butts Clayton
Tract 404.05 Blocks 308 and 309
Tract 405.02 Tract 405.05
That part of Block 330 outside the City of Riverdale
Tract 405.05 Those parts of Blocks 221 and 224 outside the City of Riverdale Block 225 That part of Block 301 outside the City of Riverdale Blocks 302 through 309 That part of Block 310 outside the City of Riverdale Blocks 311 through 313 Block Groups 4 and 5 That part of Block 601 outside the City of Riverdale Blocks 602 through 608
Tract 405.06 Tract 406.03
Block Group 1 That part of Block 603 within the City
of Jonesboro Block Group 7 Tracts 406.04 through 406.08 Henry
TUESDAY, SEPTEMBER 1, 1981
165
District No. 18
Bibb Those parts of Tracts 116 through 130 outside the City of Macon Tracts 133.01, 133.02, 135.01, and 135.02
Houston Twiggs
District No. 19
Bleckley Coffee Dodge Jeff Davis Pulaski Telfair Wilcox
District No. 20
Appling Tract 9901 Block Groups 1 and 2
Johnson Laurens Montgomery Toombs Treutlen Washington
Tract 9903 Blocks 106 through 130 and 135 through 199 Block Groups 2 and 3
Tract 9904 Blocks 104 through 156 Block Groups 3 and 4
Wheeler
District No. 21
Burke Emanuel Glascock Jefferson Jenkins Screven Washington
Tracts 990 land 9902 Tract 9903
Blocks 101 through 105 and 131 through 134
Block Group 4
166
JOURNAL OF THE SENATE
Tract 9904 Blocks 101 through 103 and 157 through 159 Block Group 2
District No. 22
Richmond Tract 1 Block Groups 1 through 4 Blocks 501 through 513 and 517 Tracts 2 through 4 and 6 through 15 Tract 16 Block Group 1 Blocks 205 through 211,213 through 215, and 217 Those parts of Blocks 225 through 228, 230, 231, and 233 within the City of Augusta Blocks 512 through 515, 907, and 908 Those parts of Blocks 909 through 911 within the City of Augusta Block 912 Tracts 101.01 through 101.03 Tract 102.01
Blocks 413 and 414 Tract 102.02
Block Group 1 Blocks 201 through 218, 220 through
232,245, 415, and 416 Block Group 7 Blocks 902 through 904 Tracts 103 and 104 Tract 105.04 Blocks 137 through 149 Tract 106 That part of Tract 108 on the northeastern side of the following line which bisects Tract 108: beginning at the point of intersection of U.S. Highway 78 and 19th Street at Gate 2; proceed along 19th Street in a southerly direction to the point of intersection of 19th Street and 7th Avenue; proceed thence along 7th Avenue in an easterly direction to the point of intersection of 7th Avenue and 29th Street; proceed along 29th Street in a southerly direction to the point of intersection of 29th Street and 6th Avenue; proceed along 6th Avenue in an easterly direction to the point of intersection of 6th Avenue and Headquarters Road; proceed along Headquarters Road in a northerly direction to the point of intersection of Headquarters Road and 7th Avenue; proceed along 7th Avenue in an easterly direction to the point of intersection of 7th Avenue and 34th Street; proceed along 34th Street in a southerly direction to the point of intersection of 34th Street and 4th Avenue; proceed along 4th Avenue in a southeasterly direction to the
TUESDAY, SEPTEMBER 1, 1981
167
point of intersection of 4th Avenue and 37th Street; proceed along 37th Street in a northeasterly direction to the point of intersection of 37th Street and 5th Avenue; proceed along 5th Avenue in a southeasterly direction to the point of intersection of 5th Avenue and 38th Street; proceed along 38th Street in a northeasterly direction to the point of intersection of 38th Street and 7th Avenue; proceed along 7th Avenue in a southeasterly direction to the point of intersection of 7th Avenue and 40th Street; proceed along 40th Street in a southwesterly direction to the point of intersection of 40th Street and 5th Avenue; proceed along 5th Avenue in a southeasterly direction to the point of intersection of 5th Avenue and 43rd Street; proceed along 43rd Street in a southwesterly direction to the point of intersection of 43rd Street and 4th Avenue; proceed finally along 4th Avenue in a southeasterly direction to the point of intersection of 4th Avenue and U.S. Highway 1 at Gate 5
District No. 23
Columbia Tract 305 Block Groups 4 and 5
Richmond Tract 1 Blocks 515, 518 through 521, and 525 Tract 16 Blocks 221 through 223 Those parts of Blocks 225 through 228 outside the City of Augusta Block 229 Those parts of Blocks 230 and 231 outside the City of Augusta Block 232 That part of Block 233 outside the Ctiy of Augusta Block 235 Block Groups 3 and 4 Blocks 516, 517 and 523 Block Group 6 Those parts of Blocks 909 through 911 outside the City of Augusta Tract 102.01 Block Groups 1 and 2 Blocks 402, 404, 405, 407 through 411, and 425 through 432 Tract 102.02 Blocks 219, 233 through 240, 418, 419, 421, and 432 through 441 Block Groups 5 and 6 Block 901 Tract 105.04 Blocks 101 through 107, 110 through 112,114 through 116,118,119, 121, and 125 through 127 Block Group 9
168
JOURNAL OF THE SENATE
Tracts 105.05 through 105.11, 107.01, and 107.02
That part of Tract 108 not included wihtin Senate District No. 22
Tracts 109.01 and 109.02
District No. 24
Columbia Tracts 301 through 304 Tract 305 Block Groups 1 through 3 and 9
Greene Lincoln McDuffie Oglethorpe Taliaferro Warren Wilkes
District No. 25
Baldwin Hancock Jasper Jones Morgan Putnam Wilkinson
District No. 26
Bibb Tracts 101 through 115 That part of Tract 116 within the City of Macon Tracts 117.01, 117.02, 118, and 119 Tract 120 Block Group 1 Tract 122 Blocks 101 through 103, 109 through 117, and 212 Tract 123 Tract 124 Blocks 202, 205, 308, 402 through 406, 414 through 416, 420, 421, and 424 Tracts 125 through 129 That part of Tract 130 within the City of Macon Tracts 131.02 and 132.02
TUESDAY, SEPTEMBER 1, 1981
169
District No. 27
Bibb Tract 120 Block Groups 2 and 3 Tract 121 Tract 122 Blocks 105, 107, 108, 201, 202, 211, 214, 215, 218, and 220 Block Group 3 Tract 124 Block Group 1 Blocks 201, 203, 204, 206, 208 through 220, 302, 316, 317, 411, 417 through 419, and 425 through 427 Tracts 131.01, 132.01, 134.01, 134.02, 136.01, and 136.02
Crawford La mar Monroe Upson
District No. 28
Coweta Pike Spalding
District No. 29
Carroll Tract 9905 Blocks 320 through 356 and 364 Block Group 4 Blocks 503, 504, and 506 through 520 That part of Block 521 within the City of Bowdon Blocks 522 through 537
Harris Heard Meriwether Troup
District No. 30
Carroll Tracts 9901 through 9904 Tract 9905 Block Groups 1 and 2 Blocks 301 through 309, 311 through 319, 357, 358, 501, 502 and 505 That part of Block 521 outside the City of Bowdon Tracts 9906 and 9907
170
JOURNAL OF THE SENATE
Douglas Tracts 802 through 804, 805.01, 805.02, and 806
District No. 31
Bartow Tract 9901 Block Groups 2 and 3 Tract 9902 Those parts of Blocks 221 and 301 within the City of Cartersville Blocks 314 through 316, 319, 320, 323 through 325, 330 through 334, 336, 376 through 379, 398, and 399 Tract 9903 Blocks 609 through 613 Tracts 9904 through 9906 Tract 9907 Block Groups 1 and 2 Blocks 304 through 333 and 399 Block Groups 4 through 7
Haralson Paulding Polk
District No. 32
Cobb Tract 303.06 Blocks 302 through 311 Tracts 304.01 through 304.03 Tract 305 Blocks 205, 207 through 210, 212, 218 through 220, and 224 through 237 Block Groups 3 through 8 Tracts 306, 310.01, 311.01 through 311.03, 311.05 throughSll.07, 312.01, and 312.02
District No. 33
Cobb Tracts 307 through 309, 310,02, 310.03, 313.01, 313.02, 313.04, 313.05, 314.01, 314.02, and 315
District No. 34
Douglas Tract 801
Fayette Fulton
Tracts 103, 104, 105.03 through 105.06, and 106.02
TUESDAY, SEPTEMBER 1, 1981
171
District No. 35
Fulton Tract 74 Tract 75 Blocks 109, 113, and 114 Block Groups 2 and 3 Tracts 76.01, 76.02, 77.01, 77.02, 78.02, 106.01, 107 through 111, 112.01, 112.02, 113.01, and 113.02
District No. 36
Fulton Tracts 13,14, and 16 through 20 Tract 21 Blocks 113, and 117 through 120 Block Groups 2 and 3 Tracts 27 through 33, 35, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56, 64, 67, 68.01, 68.02, and 69 through 73
District No. 37
Cherokee Tracts 905 and 907 through 911
Cobb Tracts 301, 302.01, through 302.03, and 303.01 through 303.03 Tract 305 Block Group 1 Blocks 201 through 204, 222, and 223
District No. 38
Fulton Tracts 40, 41, 60, 61, 66.02, 78.03, 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 86.01, and 86.02
District No. 39
Fulton Tracts 6 through 8, 10.95, 11, and 12 Tract 21 Blocks 101 through 111 and 114 through 116 Tracts 22 through 26, 36 through 39, 42.95, 43, 44, 57, 58, 62, 63, 65, and 66.01 Tract 75 Blocks 101, 103 through 105, and 110 through 112 Block Groups 4 and 5 Tracts 85, 87.01, 87.02, 88, and 89
172
JOURNAL OF THE SENATE
District No. 40
Fulton Tracts 1, 2, 4, 5, 15, 90 through 100, 101.01, and 101.03 Tract 101.04 Block Groups 1 through 3 and 5 Tract 102.01
District No. 41
DeKalb Tracts211, 212.02 through212.07, 213.01 through 213.04, and 214.01 through 214.04
District No. 42
DeKalb Tracts 201 through 209 Tract 215 Blocks 111, 112, 116, 117, 119 through 129, 132, and 133 Tract 224.01 Tract 224.02 Blocks 108 through 111, 113 through 115, 221, and 222 Tracts 224.03, 225, 226, 231.01, 235.01, 235.02, 236, 237, and 238.01
District No. 43
DeKalb Tracts 231.03, 232.02, and 232.03 Tract 233.04 Block Groups 1 through 4 Blocks 501 through 509 Tracts 234.03 through 234.07, 235.03, 238.02, and 238.03
District No. 44
Clayton Tracts 401, 402, 403.01 through 403.05, and 404.01 through 404.03 Tract 404.05 Block Groups 1 and 2 Blocks 301 through 307 Tracts 404.06 and 405.03 Tracts 405.04 Block Groups 1 and 2 Blocks 309 through 312, 315, 316, and 318 through 329
TUESDAY, SEPTEMBER 1, 1981
173
That part of Block 330 within the City of Riverdale
Blocks 331 through 334 Block Group 4 Tract 405.05 Blocks 212 through 220 That part of Block 221 within the City
of Riverdale Blocks 222 and 223 That part of Block 224 within the City
of Riverdale Block 226 Those parts of Blocks 301, 310, and 601 within the City of Riverdale Blocks 609 and 610 Tract 406.03 Block Groups 2 through 5 Blocks 601 and 602 That part of Block 603 outside the City
ofJonesboro Blocks 604 and 605 Block Group 9
District No. 45
Newton Rockdale Walton
District No. 46
Clarke Jackson
Tract 9901 Tract 9904
Block Groups 1,5, and 6 Oconee
District No. 47
Banks Elbert Franklin Hart Jackson
Tracts 9902 and 9903 Tract 9904
Block Groups 2 through 4 Madison
174
JOURNAL OF THE SENATE
District No. 48
Barrow Gwinnett
Tracts 501, 502.01, 502.02, 505.01 through 505.05, and 506
Tract 507.03 Block Group 1 Blocks 201 through 203 and 214 Block Groups 3 through 8
Tract 507.05
District No. 49
Forsyth Tracts 1301 through 1305
Hall
District No. 50
Dawson Habersham Lumpkin Rabun Stephens Towns Union White
District No. 51
Cherokee Tracts 901 through 904 and 906
Fannin Gilmer Gordon Pickens Whitfield
Tract 9905 Blocks 321 and 322
Tract 9907 Blocks 101 through 105 That part of Block 106 outside the City of Dalton Blocks 126 through 130 and 201 Those parts of Blocks 202 and 203 outside the City of Dalton Blocks 301 and 304 through 307 Those parts of Blocks 308 and 310 outside the City of Dalton Blocks 311 through 318 That part of Block 319 outside the City of Dalton Block 320
TUESDAY, SEPTEMBER 1, 1981
175
Tract 9910 Blocks 101 through 124 That part of Block 125 outside the City of Dalton Blocks 126 through 133 Those parts of Blocks 213, 242, 244, and 245 outside the City of Dalton Blocks 301 through 303 That part of Block 304 outside the City of Dalton Blocks 305 through 318 Block Groups 4 and 5 Blocks 601 through 608, 610, 612, and 614 through 618 That part of Block 619 outside the City of Dalton Blocks 620 through 628 Those parts of Blocks 703 through 705 outside the City of Dalton
Tract 9911 Block Groups 2 through 4
District No. 52
Bartow Tract 9901 Block Group 1 Tract 9902 Block Group 1 Blocks 201 through 220 That part of Block 221 outside the City of Cartersville Blocks 222 through 238 That part of Block 301 outside the City of Cartersville Blocks 302 through 313, 317, 318, 321, 322, 326 through 329, 335, 337 through 348, 381, 387, 388, and 390 through 396 Tract 9903 Block Groups 1 through 5 Blocks 601 through 608 and 614 Tract 9907 Blocks 301 through 303
Floyd
District No. 53
Catoosa Tract 306 Blocks 146 through 148 and 152 Those parts of Blocks 164, 166 and 167 within the City of Fort Oglethorpe Block 199
176
JOURNAL OF THE SENATE
Those parts of Blocks 222 and 223 within the City of Fort Oglethorpe
Block 231 That part of Block 338 within the City
of Fort Oglethorpe Tract 307
Blocks 101, 107, 108, 110, 111, and 113 That part of Block 120 within the City
of Fort Oglethorpe Blocks 121, 122, 133, 138, and 139 That part of Block 140 within the City
of Fort Oglethorpe Blocks 142 and 143 Those parts of Blocks 154, 156, and 159
within the City of Fort Oglethorpe Block 160 That part of Block 161 within the City
of Fort Oglethorpe Blocks 162 through 164 That part of Block 201 within the City
of Fort Oglethorpe Blocks 202 through 204, 206 through 208,
211, 214 through 217, 219 through 224, 244 through 246, 249, and 261 That part of Block 262 within the City of Fort Oglethorpe Block 263 That part of Block 264 within the City of Fort Oglethorpe Blocks 265, 266, 268, and 269, That part of Block 271 within the City of Fort Oglethorpe Blocks 275 and 276 Those parts of Blocks 277 and 297 within the City of Fort Oglethorpe Blocks 306 and 308 through 316 That part of Block 319 within the City of Fort Oglethorpe Blocks 320 through 331 and 341 through 343 Chattooga Dade Walker
District No. 54
Catoosa Tracts 301 through 305 Track 306 Blocks 101 through 107, 113 through 117, 119, 120, 122 through 128, and 138 Those parts of Blocks 164, 166, 167, 222, and 223 outside the City of Fort Oglethorpe
TUESDAY, SEPTEMBER 1, 1981
177
Blocks 228, 229, 232, 242, 244, 245, 251, 301 through 303, 305 through 307, 310 through 312, 315, 316, and 320 through 327
That part of Block 338 outside the City of Fort Oglethorpe
Blocks 339, 340, 342, and 343 Block Group 4 Tract 307
Those parts of Blocks 120, 140, and 154 outside the City of Fort Oglethorpe
Block 155 That part of Block 156 outside the City of Fort Olgethorpe Blocks 157 and 158 Those parts of Blocks 159 and 161
outside the City of Fort Oglethorpe Blocks 165 and 166 That part of Block 201 outside the City
of Fort Oglethorpe Blocks 248 and 252 Those parts of Blocks 262, 264, and 271
outside the City of Fort Oglethorpe Blocks 272 through 274 Those parts of Blocks 277, 297, and 319
outside the City of Fort Oglethorpe Block Group 4 Murray Whitfield Tracts 9901 through 9904 Tract 9905 Block Groups 1 and 2 Blocks 301 through 310 and 312 through
320
Tract 9906 Tract 9907
That part of Block 106 within the City of Dalton
Blocks 107 through 125 and 131 through 144
Those parts of Blocks 202 and 203 within the City of Dalton
Blocks 204 through 207, 209 through 215, 302, and 303
That part of Block 308 within the City of Dalton
Block 309 Those parts of Blocks 310 and 319
with the City of Dalton Tracts 9908 and 9909 Tract 9910
That part of Block 125 within the City of Dalton
Blocks 138, 139, and 201 through 212 That part of Block 213 within the City
of Dalton
178
JOURNAL OF THE SENATE
Blocks 214 through 241 That part of Block 242 within the City
of Dalton Block 243 Those parts of Blocks 244 and 245 within
the City of Dalton Blocks 247 through 250 Those parts of Blocks 304 and 619 within
the City of Dalton Blocks 70 land 702 Those parts of Blocks 703 through
705 within the City of Dalton Blocks 706 and 707 Block Group 8 Tract 9911 Block Group 1
District No. 55
DeKalb Tract 219.01 Blocks 119 through 124, 128, 136 through 139, 150, and 151 Block Groups 2, 4, 5, and 9 Tract 219.03 Tract 220.02 Blocks 214, 216 through 222, 224 through 229, 235, and 236 Block Group 3 Blocks 405 through 412 and 415 Tracts 220.03 and 221 Tract 222 Blocks 112 through 114 Block Groups 2 through 4 Blocks 506, 507, 509, 510, and 514 through 518 Block Group 6 Tracts 223.01, 227 through 230, 231.02, 231.04, 232.01, and 233.01 through 233.03 Tract 233.04 Blocks 510 and 511 Block Group 6
District No. 56
Cobb Tracts 303.04 and 303.05 Tract 303.06 Block Groups 1 and 2 Block 301 Block Groups 4 through 6 and 9
Forsyth Tract 1306
TUESDAY, SEPTEMBER 1, 1981
179
Fulton Tract 101.04 Block Group 4 Tracts 102.02, 114.01, 114.02, 115, and 116
(b) A member of the Senate must be a resident of the district which he represents and at the time of his election must have been a resident of the territory embraced within such district for at least one year preceding such time. Each Senator shall be elected only by the voters of his senatorial district.
(c) The first members of the Senate elected pursuant to this Code section shall be those who are elected to take office on the convening date of the regular session of the General Assembly in 1983. Until that time the membership of the Senate elected in 1980 shall continue to serve and shall represent the districts from which elected; and until that time the composition of the districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primary and general elections of 1982 for the purpose of electing members of the Senate in 1982 who are to take office in 1983. Successors to those members shall likewise be elected under this Code section.
(d| For the purposes of this Code section:
(1) The terms Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any senatorial district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
(e) Any part of the State of Georgia which is not included in any Senate district described in this Code section shall be included within that district contiguous to such part which contains the least population according to the United States decennial census of 1980 for the State of Georgia.''
Section 2. Code Section 47-102, relating to senatorial districts, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 28-2-2 and shall be substituted in lieu and shall become Code Section 28-2-2 of the Official Code of Georgia Annotated.
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General
180
JOURNAL OF THE SENATE
Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part of parts hereof would be declared or adjudged invalid or unconstitutional.
Section 4. (a) Except as provided in subsection (b), this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Section 2 of this Act shall become effective November 1, 1982, but only in the event that the Official Code of Georgia Annotated becomes law by such date. If the Official Code of Georgia Annotated does not become law by such date, Section 2 shall be null and void and shall stand repealed in its entirety
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Allgood of the 22nd moved that the Senate adopt the Conference Committee Report on SB 1 EX.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Barker Barnes Bond Bowen Brantley Brown of 47th Bryant Cobb Coleman Coverdell Deal English Engram
Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Hudgins Hudson Kennedy Kidd Land Lester Littlefield
McGill McKenzie Reynolds Robinson Scott Starr Stephens Summers Tate Thompson Timmons Turner Tysinger Walker Wessels
Those voting in the negative were Senators:
Brannon Eldridge
Howard Sutton
Trulock
Those not voting were Senators:
Bell Broun of 46th
Dean Evans
Fincher of 52nd Stumbaugh
TUESDAY, SEPTEMBER 1, 1981
181
On the motion, the yeas were 45, nays 5; the motion prevailed, and the Senate adopted the Conference Committee Report on SB 1 EX.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 2:24 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.
182
JOURNAL OF THE SENATE
Senate Chamber, Atlanta, Georgia Wednesday, September 2, 1981
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the report of the Committee of Conference on the following bill of the Senate:
SB 1 EX. By Senators Allgood of the 22nd, Gillis of the 20th, Kennedy of the 4th and others:
A bill to amend Code Section 47-102, relating to state senatorial
districts, as amended, so as to provide for the composition and
number of state senatorial districts; to provide for the number of
Senators; to provide for certain qualifications; to provide for the elec-
.
tion of Senators.
The President called for the morning roll call, and the following Senators answered to their names:
Allgood Barker Barnes Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Cobb Coleman Coverdell
Deal Dean Eldridge Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Holloway Hudgins
Hudson Kennedy Kidd Land Lester Littlefield McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh
WEDNESDAY, SEPTEMBER 2, 1981
183
Tate Thompson Timmons
Turner Tysinger
Those not answering were Senators:
Ballard Broun of 46th English Hill
Horton Howard Starr
Walker Wessels
Summers Sutton Trulock
Senator Greene of the 26th introduced the chaplain of the day, Dr. Walter L. Glover, pastor of Greater Zion Baptist Church, Macon, Georgia, who offered scripture reading and prayer.
Senator McGill of the 24th introduced the doctor of the day, Dr. Walter Jageilla, of Washington, Georgia.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 10:20 o'clock, A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.
184
JOURNAL OF THE SENATE
Senate Chamber, Atlanta, Georgia Thursday, Septembers, 1981
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by Senator Holloway of the 12th, President Pro Tempore.
Senator Kennedy of the 4th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The President assumed the Chair.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has passed, by substitute, by the requisite constitutional majority the following bill of the Senate:
SB 2 EX. By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
Senator Allgood of the 22nd asked unanimous consent that Senator Tysinger of the 41st be excused from all roll calls today and tomorrow because of the serious illness and hospitalization of his wife.
The consent was granted.
The President called for the morning roll call, and the following Senators answered to their names:
Allgood Ballard Bell Bond Bowen Brantley Bryant Cobb Deal
Dean Eldridge English Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis
Hill Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield
THURSDAY, SEPTEMBER 3, 1981
185
McGill McKenzie
Reynolds Robinson Scott
Starr Stephens
Stumbaugh Summers Sutton
Those not answering were Senators:
Barker Barnes Brannon Broun of 46th Brown of 47th
Coleman Coverdell Evans Greene Holloway
Timmons Trulock Turner Walker Wessels
Horton Tate Thompson Tysinger (excused)
Senator Robinson of the 27th introduced the chaplain of the day, Dr. Robert Johns, pastor of Engleside Baptist Church, Macon, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 8 EX. By Senators Foster of the 50th, Hill of the 29th and Deal of the 49th: A resolution commending Johnny ' 'Big Cat'' Mize.
Senator Foster of the 50th introduced Johnny Mize to the Senate.
SR 9 EX. By Senators Tate of the 38th and Bond of the 39th: A resolution commending Mr. John C. Wilson.
Senator Brantley of the 56th introduced the doctor of the day, Dr. Gerald Kumin, of Marietta, Georgia.
Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.
The following bill of the Senate was taken up for the purpose of considering the House substitute thereto:
SB 2 EX. By Senator Hudson of the 35th: A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
186
JOURNAL OF THE SENATE
The House substitute to SB 2 EX was as follows:
A BILL
To be entitled an Act to amend Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 89) and an Act approved March 16, 1972 (Ga. Laws 1972, p. 235), so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide definitions; to provide certain provisions relative to certain boards or bodies; to provide for other matters relative to the foregoing; to incorporate the provisions of Code Section 34-1801, relating to congressional districts, Code Section 34-1802, relating to definitions, and Code Section 34-1803, relating to boards or bodies, as such Code sections shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, into the Official Code of Georgia Annotated; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 89) and an Act approved March 16, 1972 (Ga. Laws 1972, p. 235), is hereby amended by striking Code Section 34-1801 in its entirety and substituting in lieu thereof new Code sections to read as follows:
"34-1801. (a) The state is divided into ten congressional districts, each of said districts being entitled to elect one representative to the Congress of the United States. Each such district shall be composed of either a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter.
District No. 1
Brantley Bryan Bulloch Burke Camden Candler Charlton Chatham Effingham Emanuel Evans Glynn Jenkins Liberty
THURSDAY, SEPTEMBER 3, 1981
187
Long Mclntosh Montgomery Screven Tattnall Toombs Wayne
District No. 2
Baker Ben Hill Berrien Brooks Calhoun Clay Colquitt Cook Crisp Decatur Dougherty Early Echols Grady Irwin Lanier Lee Lowndes Miller Mitchell Quitman Randolph Seminole Stewart Terrell Thomas Tift Turner Webster Worth
District No. 3
Chattahoochee Crawford Dooly Harris Houston Macon Marion Meriwether Muscogee Peach Pike
188
JOURNAL OF THE SENATE
Schley Spalding Sumter Talbot Taylor Troup Upson
District No. 4
DeKalb Fulton
Tracts 52, 53, 64, 68.01, 68.02, 69, and 71
Tract 72 Block Groups 1 and 2
Rockdale
District No. 5
Fulton Tracts 1,2,4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 55.01, 55.02, 56 through 58, 60 through 63, 65, 66.01, 66.02, 67, and 70 Tract 72 Block Groups 3 through 5 Tracts 73 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88 through 100, 101.01, 101.03, 101.04, 102.01, 102.02, 103, and 105.03 Tract 105.04 Block Group 1 Blocks 201 through 217, 232, 301 through 313, 315, 317 through 326, 337, and 351 Tract 105.05 Block Groups 1 through 4 and 9 Tract 105.06 Block Group 3 Tracts 106.01, 106.02, 107 through 111, 112.01, 112.02, 113.01, 113.02, 114.01, 114.02, 115, and 116
District No. 6
Carroll Clayton Coweta Douglas
THURSDAY, SEPTEMBER 3, 1981
189
Fayette Floyd Fulton
Tract 104 Tract 105.04
Blocks 219 through 231, 233, 335, and 336
Block Groups 4 and 6 Tract 105.05
Block Groups 5 and 6 Tract 105.06
Block Groups 1,2,4, and 6 through 9 Haralson Heard Henry Paulding Polk
District No. 7
Bartow Catoosa Chattooga Cherokee Cobb Dade Gordon Walker
District No. 8
Appling Atkinson Bacon Baldwin Bibb Bleckley Butts Clinch Coffee Dodge Jasper Jeff Davis Johnson Jones Lamar Laurens Monroe Newton Pierce Pulaski Telfair Treutlen Twiggs
190
JOURNAL OF THE SENATE
Ware Wheeler Wile ox Wilkinson
District No. 9
Banks Barrow Dawson Fannin Forsyth Gilmer Gwinnett Habersham Hall Jackson Lumpkin Murray Pickens Rabun Stephens Towns Union White Whitfield
District No. 10
Clarke Columbia Elbert Franklin Glascock Greene Hancock Hart Jefferson Lincoln Madison McDuffie Morgan Oconee Oglethorpe Putnam Richmond Taliaferro Walton Warren Washington Wilkes
THURSDAY, SEPTEMBER 3, 1981
191
(b] Any portion of this state which is not included in any district described in this Code section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1980 for this state.
(c) The first members elected pursuant to the above provisions shall be those who are elected to take office in January, 1983. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 1982 for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this Code section shall be effective January 1, 1983.
34-1802. For purposes of this Code chapter, the terms 'Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
34-1803. Any member of any constitutional or statutory board or body who is in office on January 1, 1983, and who was appointed on the basis of residency within a congressional district shall serve out the term for which the member was appointed and shall represent the congressional district created by this Code chapter in which the member resides unless more members of the board or body than authorized by the applicable constitutional provision or statute reside within the same congressional district. In the event any congressional district created by this Code chapter has residing therein more members of any such board or body than the number of members specified by the applicable constitutional provision or statute, the appointing authority shall designate which member or members representing the congressional district shall continue to serve as a member or members of the board or body. Any member not designated for continued membership shall cease to hold office at such time as the appointing authority makes such designation. If a congressional district created by this Code chapter is not represented on a board or body as specified by the applicable constitutional provision or statute, the appointing authority shall appoint to the board or body a member or members from the congressional district which does not have sufficient representation. The initial appointment of such member or members shall be for a term or terms ending on the date or dates on which the term or terms of the member or members removed by the foregoing requirement would have ended."
192
JOURNAL OF THE SENATE
Section 2. (a) Code Section 34-1801, relating to congressional districts, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-4 and shall be substituted in lieu of and shall become Code Section 21-2-4 of the Official Code of Georgia Annotated.
(b) Code Section 34-1802, relating to definitions, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-3 and shall become Code Section 21-2-3 of the Official Code of Georgia Annotated.
(c) Code Section 34-1803, relating to boards or bodies, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-4.1 and shall become Code Section 21-2-4.1 of the Official Code of Georgia Annotated.
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 4. (a) Except as provided in subsection (b), this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Section 2 of this Act shall become effective November 1, 1982, but only in the event that the Official Code of Georgia Annotated becomes law by such date. If the Official Code of Georgia Annotated does not become law by such date, Section 2 shall be null and void and shall stand repealed in its entirety.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Hudson of the 35th moved that the Senate disagree to the House substitute to SB 2 EX.
On the motion, Senator Holloway of the 12th, President pro Tempore, ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Barnes
Bowen Brantley Bryant
Cobb Coleman Coverdell
THURSDAY, SEPTEMBER 3, 1981
193
Dean Eldridge English Engram Fincher of 54th Garner Gillis Greene Hill Horton
Hudson Kennedy Kidd Lester Littlefield McGill McKenzie Robinson Scott
Starr Stephens Stumbaugh Thompson Timmons Trulock Turner Walker Wessels
Those voting in the negative were Senators:
Brannon Deal
Evans Fincher of 52nd
Those not voting were Senators:
Barker Bell Bond Broun of 46th Brown of 47th
Foster Holloway (presidingl Hudgins Land
Howard Reynolds
Summers Sutton Tate Tysinger (excused)
On the motion, the yeas were 37, nays 6; the motion prevailed, and the Senate disagreed to the House substitute to SB 2 EX.
The President resumed the Chair.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House insists on its position in substituting the following bill of the Senate:
SB 2 EX. By Senator Hudson of the 35th: A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
194
JOURNAL OF THE SENATE
The following bill of the Senate was taken up for the purpose of considering the House action thereon:
SB 2 EX. By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
Senator Hudson of the 35th moved that the Senate adhere to its disagreement to the House substitute to SB 2 EX, and that a Conference Committee be appointed.
On the motion, the President ordered a roll call, and the vote was as follows: Those voting in the affirmative were Senators:
Allgood Ballard Barnes Bond Brannon Brantley Bryant Cobb Coleman Coverdell Dean English Engram Evans
Fincher of 54th Garner Gillis Greene Hill Holloway Horton Hudgins Hudson Kennedy Kidd Land Lester Littlefield
McGill McKenzie Robinson Scott Starr Stephens Sutton Thompson Timmcns Trulock Turner Walker Wessels
Those voting in the negative were Senators:
Brown of 47th Deal
Fincher of 52nd Howard
Reynolds Stumbaugh
Those not voting were Senators:
Barker
Bell Bowen
Broun of 46th
Eldridge Foster
Summers
Tate Tysinger (excused)
On the motion, the yeas were 41, nays 6; the motion prevailed, and the Senate adhered to its disagreement to the House substitute to SB 2 EX.
The President appointed as a Conference Committee on the part of the Senate
the following:
.
Senators Starr of the 44th, Kidd of the 25th and Hudson of the 35th.
THURSDAY, SEPTEMBER 3, 1981
195
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House adheres to its substitute and has appointed a Committee of Conference on the following bill of the Senate:
SB 2 EX. By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
The Speaker has appointed as a Committee of Conference on the part of the House the following members: Representatives Wilson of the 19th, Ham of the 80th, and Godbee of the 82nd.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.
At 11:35 o'clock, A.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.
196
JOURNAL OF THE SENATE
Senate Chamber, Atlanta, Georgia Friday, September 4, 1981
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Kennedy of the 4th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The President called for the morning roll call, and the following Senators answered to their names:
Allgood Ballard
Barnes Bell Bond Bowen Brannon Brantley
Brown of 47th Bryant Coleman Dean Eldridge
English Engram
Fincher of 52nd Fincher of 54th Garner Gillis Greene Holloway
Howard Hudson Kennedy Kidd Land
Lester Littlefield
McGill McKenzie Reynolds Robinson Scott Starr
Summers Sutton Thompson Walker Wessels
Those not answering were Senators:
Barker
Broun of 46th Cobb Coverdell Deal Evans
Foster
Hill Horton Hudgins Stephens Stumbaugh
Tate Timmons Trulock Turner Tysinger (excused)
Senator Garner of the 30th introduced the chaplain of the day, Dr. Charles Wilson, pastor of the First Methodist Church, Carrollton, Georgia, who offered
scripture reading and prayer.
The following resolution of the Senate was read and adopted:
SR 10 EX. By Senator Brown of the 47th: A resolution expressing regret at the passing of Honorable Robert Grady Wages, Sr.
FRIDAY, SEPTEMBER 4, 1981
197
Senator Allgood of the 22nd moved that the Senate do now adjourn until 1:00 o'clock P.M. Tuesday, September 8, and the motion prevailed.
At 9:30 o'clock A.M., the President announced the Senate adjourned until 1:00 o'clock P.M. Tuesday, September 8.
198
JOURNAL OF THE SENATE
Senate Chamber, Atlanta, Georgia Tuesday, Septembers, 1981
The Senate met pursuant to adjournment at 1:00 o'clock P.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Friday, September 4, had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The President called for the roll call, and the following Senators answered to their names:
Allgood Ballard Barker Barnes Bell Bowen Brannon
Brown of 47th Coleman Dean Eldridge Engram Evans
Fincher of 52nd Foster Garner Greene Holloway Horton Hudgins
Hudson Kennedy Kidd Land Lester Littlefield
McGill McKenzie Reynolds Robinson Scott Stephens Summers
Sutton Thompson Timmons Trulock Walker Wessels
Those not answering were Senators:
Bond Brantley Broun of 46th Bryant Cobb Coverdell
Deal English Fincher of 54th Gillis Hill Howard
Starr Stumbaugh Tate Turner Tysinger (excused)
Senator Allgood of the 22nd asked unanimous consent that Senator Tysinger of the 41st be excused from all roll calls today and those following until his return to the Senate after the death of his wife.
The consent was granted.
TUESDAY, SEPTEMBER 8, 1981
199
Senator Sutton of the 9th introduced the chaplain of the day, Dr. Ches Smith III, pastor of the First Baptist Church, Tifton, Georgia, who offered scripture reading and prayer.
Senator Allgood of the 22nd moved that the Senate stand in recess from 1:35 o'clock P.M. until 7:00 o'clock P.M., and at 7:10 o'clock P.M. stand adjourned until 10:00 o'clock A.M. tomorrow.
The motion prevailed.
At 7:00 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, called the Senate to order.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 4 EX. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd and others:
A resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982; to provide an effective date.
HR 6 EX. By Representatives Pinkston of the 100th, Lee of the 72nd, Connell of the 87th and Burruss of the 21st:
A resolution proposing an amendment to the Constitution so as to provide that persons holding the office of Governor may not succeed themselves.
The following resolutions of the House were read the first time and referred to committees:
HR 4 EX. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd and others:
A resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982; to provide an effective date.
Referred to Committee on Constitutional Revision.
200
JOURNAL OF THE SENATE
HR 6 EX. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution proposing an amendment to the Constitution so as to provide that persons holding the office of Governor may not succeed themselves; to provide for the submission of this amendment for ratification or rejection.
Referred to Committee on Constitutional Revision.
Pursuant to the provisions of a previously adopted motion, at 7:10 o'clock P.M. the Senate stood adjourned until 10:00 o'clock A.M. tomorrow.
WEDNESDAY, SEPTEMBER 9, 1981
201
Senate Chamber, Atlanta, Georgia Wednesday, September 9, 1981
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The President called for the morning roll call, and the following Senators answered to their names:
Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley
Broun of 46th Brown of 47th Cobb Coleman Deal Dean Eldridge English
Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Holloway
Horton Howard Hudgins Kennedy Kidd Land Lester Littlefield
McGill McKenzie Reynolds Robinson Scott Starr Stephens Stumbaugh Summers
Sutton Tate Thompson Timmons Trulock Turner Walker Wessels
Those not answering were Senators:
Bryant Coverdell
Hill Hudson
Tysinger (excused)
Senator Foster of the 50th introduced the chaplain of the day, Dr. John McCarthy, Academic Dean of Toccoa Falls College, Toccoa Falls, Georgia, who offered scripture reading and prayer.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 10:25 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.
202
JOURNAL OF THE SENATE
Senate Chamber, Atlanta, Georgia Thursday, September 10, 1981
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the House:
HR 17 EX. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th and others:
A resolution commending Michael J. Henry.
HR 18 EX. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th and others:
A resolution commending Vickie Greenberg Sachs.
HR 12 EX. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th and others:
A resolution commending the Honorable J. Robin Harris.
HR 13 EX. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th and others:
A resolution commending Melvin B. Hill, Jr.
The following report of a standing committee was read by the Secretary:
THURSDAY, SEPTEMBER 10, 1981
203
Mr. President:
Your Committee on Constitutional Revision has had under consideration the following resolutions of the House and has instructed me to report the same back to the Senate with the following recommendations:
HR 4 EX. Do pass by substitute. HR 6 EX. Do pass.
Respectfully submitted, Senator Barnes of the 33rd District, Chairman
The following resolutions of the House were read the second time:
HR 4 EX. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd and others:
A resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982: to provide an effective date.
HR 6 EX. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
A resolution proposing an amendment to the Constitution so as to provide that persons holding the office of Governor may not succeed themselves; to provide for the submission of this amendment for ratification or rejection.
Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.
Senator Holloway of the 12th, President Pro Tempore, called for the morning roll call, and the following Senators answered to their names:
Allgood Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant
Cobb Coleman Deal Dean Eldridge English Engram Fincher of 52nd Fincher of 54th Foster Garner
Gillis Greene Hill Horton Howard Hudgins Hudson Kennedy Kidd Lester Littlefield
204
JOURNAL OF THE SENATE
McGill McKenzie Reynolds Scott Starr Stephens
Stumbaugh Summers Tate Thompson Timmons
Those not answering were Senators:
Ballard Coverdell Evans
Holloway (presiding) Land
Trulock Turner Tysinger Walker Wessels
Robinson Sutton
Senator Barker of the 18th introduced the chaplain of the day, Reverend Donald Jordan, pastor of the Christian Methodist Episcopal Church, Warner
Robins, Georgia, who offered scripture reading and prayer.
The President resumed the Chair.
The following resolutions of the Senate and House were read and adopted:
SR 11 EX. By Senators Bond of the 39th and Tate of the 38th: A resolution expressing sorrow at the death of Roy Wilkins.
HR 12 EX. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th and others:
A resolution commending the Honorable J. Robin Harris.
HR 13 EX. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th and others:
A resolution commending Melvin B. Hill, Jr.
HR 17 EX. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th and others:
A resolution commending Michael J. Henry.
HR 18 EX. By Representatives Murphy of the 18th, Lee of the 72nd, Connell of the 87th and others:
A resolution commending Vickie Greenberg Sachs.
Senator Brantley of the 56th introduced the doctor of the day, Dr. Jonathan Winner, of Atlanta, Georgia.
THURSDAY, SEPTEMBER 10, 1981
205
The President announced that the Senate would stand in recess from 10:55 o'clock A.M. until 2:00 o'clock P.M.
At 3:25 o'clock P.M., the President called the Senate to order.
The following bill of the Senate was taken up for the purpose of considering the Conference Committee Report thereon:
SB 2 EX. By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
Senator Coverdell of the 40th moved that the printing of the Conference Committee Report, as required by Senate Rule 161, be suspended on SB 2 EX.
On the motion, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood
Ballard Barker Barnes Bell Bond Bowen
Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean
Eldridge
English
Engram Evans Fincher of 52nd Foster Garner Gillis
Greene Hill Holloway Horton Howard Hudson Kennedy Kidd Land Lester
Littlefield
McGill McKenzie Reynolds Robinson Scott Starr
Stephens Stumbaugh Summers Tate Thompson Timmons Trulock Turner Tysinger Walker
Those not voting were Senators:
Fincher of 54th Hudgins
Sutton
Wessels
On the motion, the yeas were 52, nays 0; the motion prevailed, and the Senate suspended the printing of the Conference Committee Report on SB 2 EX.
206
JOURNAL OF THE SENATE
The Conference Committee Report on SB 2 EX was as follows:
The Conference Committee on SB 2 EX recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 2 EX be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
Isi Terrell A. Starr Senator, 44th District
I si Joe Mack Wilson Representative, 19th District
I si Perry J. Hudson Senator, 35th District
/s/ Benson Ham Representative, 80th District
/s/ Culver Kidd Senator, 25th District
/s/ John Godbee Representative, 82nd District
Conference Committee subs'.itv.te to SB 2 EX:
A BILL
To be entitled an Act to amend Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 89) and an Act approved March ift. 1972 (Ga. Laws 1972, p. 235), so as to provide for the composition oi the ten congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide definitions; to provide certain provisions relative to certain boards or bodies; to provide for other matters relative to the foregoing; to incorporate the provisions of Code Section 34-1801, relating to congressional districts, Code Section 34-1802, relating to definitions, and Code Section 34-1803, relating to boards or bodies, as such Code sections shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, into the Official Code of Georgia Annotated; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
THURSDAY, SEPTEMBER 10, 1981
207
Section 1. Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 89) and an Act approved March 16, 1972 (Ga. Laws 1972, p. 235), is hereby amended by striking Code Section 34-1801 in its entirety and substituting in lieu thereof new Code sections to read as follows:
"34-1801. (a) The state is divided into ten congressional districts, each of said districts being entitled to elect one representative to the Congress of the United States. Each such district shall be composed of either a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter.
District No. 1
Brantley Bryan Bulloch Burke Camden Candler Chatham Effingham Emanuel Evans Glynn Jenkins Liberty Long Mclntosh Montgomery Screven Tattnall Toombs Wayne
District No. 2
Baker Ben Hill Berrien Brooks Calhoun Clay Clinch Colquitt Cook Decatur Dougherty Early Echols Grady Irwin Lanier
208
JOURNAL OF THE SENATE
Lee Lowndes Miller Mitchell Randolph Seminole Terrell Thomas Tift Turner Worth
District No. 3
Chattahoochee Crawford Dooly Harris Heard Houston Lamar Macon Marion Meriwether Muscogee Peach Pike Pulaski Quitman Schley Stewart Sumter Talbot Taylor Troup Upson Webster Wilcox
District No. 4
DeKalb Fulton
Tracts 52, 53, 64, 68.01, 68.02, 69, and 71
Tract 72 Block Groups 1 and 2
Rockdale
District No. 5
Fulton Tracts 1,2,4 through 8, 10.95, Ilthrough33, 35 through 41, 42.95,
THURSDAY, SEPTEMBER 10, 1981
209
43, 44, 46.95, 48, 49.95, 50, 55.01, 55.02, 56 through 58, 60 through 63, 65, 66.01, 66.02, 67, and 70 Tract 72 Block Groups 3 through 5 Tracts 73 through 75, 76.01, 76.02, 77.01, 77.02, 78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88 through 100, 101.01, 101.03, 101.04, 102.01, 102.02, 103, and 105.03 Tract 105.04 Block Group 1 Blocks 201 through 217, 232, 301 through
313, 315, 317 through 326, 337, and 351 Tract 105.05 Block Groups 1 through 4 and 9 Tract 105.06 Block Group 3 Tracts 106.01, 106.02, 107 through 111, 112.01, 112.02, 113.01, 113.02, 114.01, 114.02, 115, and 116
District No. 6
Carroll Clayton Coweta Douglas Fayette Floyd Fulton
Tract 104 Tract 105.04
Blocks 219 through 231,233, 335, 336, 401, 402, and 410 through 412
Block Group 6 Tract 105.05
Block Groups 5 and 6 Tract 105.06
Block Groups 1,2,4 and 6 through 9 Haralson Paulding Polk Spalding
District No. 7
Bartow Catoosa Chattooga Cherokee
210
JOURNAL OF THE SENATE
Cobb Dade Gordon Walker
District No. 8
Appling Atkinson Bacon Baldwin Bibb Bleckley Butts Charlton Coffee Dodge Henry Jasper Jeff Davis Johnson Jones Laurens Monroe Newton Pierce Telfair Treutlen Twiggs Ware Wheeler Wilkinson
District No. 9
Banks Barrow Clarke Dawson Elbert Fannin Forsyth Franklin Gilmer Habersham Hall Hart Jackson Lumpkin Madison Murray Oconee Oglethorpe Pickens
THURSDAY, SEPTEMBER 10, 1981
211
Rabun Stephens Towns Union White Whitfield
District No. 10
Columbia Glascock Greene Gwinnett Hancock Jefferson Lincoln McDuffie Morgan Putnam Richmond Taliaferro Walton Warren Washington Wilkes
(b) Any portion of this state which is not included in any district described in this Code section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1980 for this state.
(c) The first members elected pursuant to the above provisions shall be those who are elected to take office in January, 1983. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 1982 for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this Code section shall be effective January 1, 1983.
34-1802. For purposes of this Code chapter, the terms 'Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
212
JOURNAL OF THE SENATE
34-1803. Any member of any constitutional or statutory board or body who is in office on January 1, 1983, and who was appointed on the basis of residency within a congressional district shall serve out the term for which the member was appointed and shall represent the congressional district created by this Code chapter in which the member resides unless more members of the board or body than authorized by the applicable constitutional provisions or statute reside within the same congressional district. In the event any congressional district created by this Code chapter has residing therein more members of any such board or body than the number of members specified by the applicable constitutional provision or statute, the appointing authority shall designate which member or members representing the congressional district shall continue to serve as a member or members of the board or body. Any member not designated for continued membership shall cease to hold office at such time as the appointing authority makes such designation. If a congressional district created by this Code chapter is not represented on a board or body as specified by the applicable constitutional provision or statute, the appointing authority shall appoint to the board or body a member or members from the congressional district which does not have sufficient representation. The initial appointment of such member or members shall be for a term or terms ending on the date or dates on which the term or terms of the member or members removed by the foregoing requirement would have ended."
Section 2. |a) Code Section 34-1801, relating to congressional districts, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-4 and shall be substituted in lieu of and shall become Code Section 21-2-4 of the Official Code of Georgia Annotated.
(b) Code Section 34-1802, relating to definitions, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-3 and shall become Code Section 21-2-3 of the Official Code of Georgia Annotated.
(c) Code Section 34-1803, relating to boards or bodies, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-4.1 and shall become Code Section 21-2-4.1 of the Official Code of Georgia Annotated.
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
THURSDAY, SEPTEMBER 10, 1981
213
Section 4. (a) Except as provided in subsection (b), this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Section 2 of this Act shall become effective November 1, 1982, but only in the event that the Official Code of Georgia Annotated becomes law by such date. If the Official Code of Georgia Annotated does not become law by such date, Section 2 shall be null and void and shall stand repealed in its entirety.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Broun of the 46th moved that the Senate reject the Conference Committee Report on SB 2 EX.
Senator Evans of the 37th moved that the Senate adopt the Conference Committee Report on SB 2 EX.
The President ruled that the motion offered by Senator Evans of the 37th takes precedence.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:
Engram Foster
Hudson Kidd
Starr
Those voting in the negative were Senators:
Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal
Dean Eldridge English Evans Fincher of 52nd Garner Gillis Greene Hill Holloway Horton Howard Kennedy Land Lester Littlefield
McGill McKenzie Reynolds Robinson Scott Stephens Stumbaugh Summers Tate Thompson Timmons Trulock Turner Tysinger Walker
214
JOURNAL OF THE SENATE
Those not voting were Senators:
Fincher of 54th Hudgins
Sutton
Wessels
On the motion, the yeas were 5, nays 47; the motion was lost, and the Senate rejected the Conference Committee Report on SB 2 EX.
Senator Broun of the 46th moved that a Second Conference Committee be appointed on SB 2 EX.
On the motion, the yeas were 44, nays 1; the motion prevailed, and the President appointed as a Second Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Starr of the 44th and Hudson of the 35th.
The following report of the Committee on Enrolling and Journals was read by the Secretary:
Mr. President:
Your Committee on Enrolling and Journals has read and examined the following bill of the Senate and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 1 EX.
Respectfully submitted, Is/ Ed Barker, Chairman
Senator, District 18
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.
At 4:25 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.
FRIDAY, SEPTEMBER 11, 1981
215
Senate Chamber, Atlanta, Georgia Friday, September 11, 1981
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The President called for the morning roll call, and the following Senators answered to their names:
Allgood Barker Barnes Bell Bowen Brannon Brantley Broun of 46th Bryant Cobb Coleman Deal Dean Eldridge English
Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Hudson Kennedy Kidd Land Lester
Those not answering were Senators:
Ballard Bond Brown of 47th Coverdell Evans
Horton Howard Hudgins Littlefield
McGill McKenzie Reynolds Robinson Scott Starr Stephens Summers Sutton Thompson Timmons Turner Tysinger Walker
Stumbaugh Tate Trulock Wessels
Senator Deal of the 49th introduced the chaplain of the day, Reverend Steve Brown, pastor of the First Baptist Church, Gainesville, Georgia, who offered scripture reading and prayer.
216
JOURNAL OF THE SENATE
SENATE CALENDAR Friday, September 11, 1981 HR 4 EX. New State Constitution-purpose (SUBSTITUTE) (Con Rev-33rd) HR 6 EX. Governor may succeed himself for one 4-year term (Con Rev 33rd)
The following general resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:
HR 4 EX. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd and others: Senate Sponsor: Senator Barnes of the 33rd.
A RESOLUTION
Proposing a new Constitution for the State of Georgia 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 following shall be the Constitution of the State of Georgia:
CONSTITUTION
OF THE
STATE OF GEORGIA
PREAMBLE
To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, we the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.
ARTICLE I.
BILL OF RIGHTS
SECTION I.
RIGHTS OF PERSONS
Paragraph I. Life, liberty, and property. No person shall be deprived of life, liberty, or property except by due process of law.
FRIDAY, SEPTEMBER 11, 1981
217
Paragraph II. 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 or interfere with such right of conscience.
Paragraph III. Religious opinions; freedom of religion. No inhabitant of this state shall be molested in person or property or be prohibited from holding any public office or trust on account of religious opinions; but the right of freedom of religion shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state.
Paragraph IV. Freedom of speech and of the press guaranteed. No law shall be passed to curtail or restrain the freedom of speech or of the press. Every person may speak, write, and publish sentiments on all subjects but shall be responsible for the abuse of that liberty.
Paragraph V. Libel. In all civil or criminal actions for libel, the truth may be given in evidence; and, if it shall appear to the trier of fact that the matter charged as libelous is true, the party shall be discharged.
Paragraph VI. Citizens, protection of. All citizens of the United States, resident of this state, are hereby declared citizens of this state; and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges, and immunities due such citizenship.
Paragraph VII. Arms, right to keep and bear. The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.
Paragraph VIII. Right to assembly 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 IX. Bill of attainder; ex post facto laws; and retroactive laws. No bill of attainder, ex post facto law, retroactive law, or laws impairing the obligation of contract or making irrevocable grant of special privileges or immunities shall be passed.
Paragraph X, Right to trial by jury; number of jurors; selection and compensation of jurors, (a) The right to trial by jury shall remain inviolate, except that the court shall render judgment without the verdict of a jury in all civil cases where no issuable defense is filed and where a jury is not demanded in writing by either party. In criminal cases, the defendant shall have a public and speedy trial by an impartial jury; and the jury shall 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 six, to constitute a trial jury in courts of limited jurisdiction and in superior courts in misdemeanor cases.
218
JOURNAL OF THE SENATE
(c) The General Assembly shall provide by law for the selection and compensation of persons to serve as grand jurors and trial jurors.
Paragraph XI. Right to the courts. No person shall 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 XII: Searches, seizures, and warrants. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue except upon probable cause supported by oath or affirmation particularly describing the place or places to be searched and the persons or things to be seized.
Paragraph XIII. Benefit of counsel; accusation; list of witnesses; compulsory process. Every person charged with an offense against the laws of this state shall have the privilege and benefit of counsel; shall be furnished with a copy of the accusation or indictment and, on demand, with a list of the witnesses on whose testimony such charge is founded; shall have compulsory process to obtain the testimony of that person's own witnesses; and shall be confronted with the witnesses testifying against such person.
Paragraph XIV. Habeas corpus. The writ of habeas corpus shall not be suspended unless, in case of rebellion or invasion, the public safety may require it.
Paragraph XV. Self-incrimination. No person shall be compelled to give testimony tending in any manner to be self-incriminating.
Paragraph XVI. Bail; fines; punishment; arrest, abuse of prisoners. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison.
Paragraph XVII. Jeopardy of life or liberty more than once forbidden. No person shall be put in jeopardy of life or liberty more than once for the same offense except when a new trial has been granted after conviction or in case of mistrial.
Paragraph XVIII. Treason. Treason against the State of Georgia shall consist of insurrection against the state, adhering to the state's enemies, or giving them aid and comfort. No person shall be convicted of treason except on the testimony of two witnesses to the same overt act or confession in open court.
Paragraph XIX. Conviction, effect of. No conviction shall work corruption of blood or forfeiture of estate.
Paragraph XX. Banishment and whipping as punishment for crime. Neither banishment beyond the limits of the state nor whipping shall be allowed as a punishment for crime.
FRIDAY, SEPTEMBER 11, 1981
219
Paragraph XXI. Involuntary servitude. There shall 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. Imprisonment for debt. There shall be no imprisonment for debt.
Paragraph XXIII. Costs. No person shall be compelled to pay costs in any criminal case except after conviction on final trial.
Paragraph XXIV. Status of the citizen. The social status of a citizen shall never be the subject of legislation.
Paragraph XXV. Exemptions from levy and sale. The General Assembly shall 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 shall have authority to define to whom any such additional exemptions shall be allowed; 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 exemptions by the debtor.
Paragraph XXVI. Spouse's separate property. The separate property of each spouse shall remain the separate property of that spouse except as otherwise provided by law.
Paragraph XXVII. Enumeration of rights not denial of others. The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed.
Paragraph XXVIII. Freedom from discrimination. No person shall be excluded from participation in, denied benefits of, or subjected to discrimination on the basis of age, physical handicaps, race, color, or national origin under any state programs or activities.
SECTION II.
ORIGIN AND STRUCTURE OF GOVERNMENT
Paragraph I. Origin and foundation of government. All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people and are at all times amenable to them.
Paragraph II. 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 public good may require it.
220
JOURNAL OF THE SENATE
Paragraph III. Protection the duty of government. Protection to person and property is the paramount duty of government and shall be impartial and complete.
Paragraph IV. Separation of legislative, judicial, and executive powers. The legislative, judicial, and executive powers shall forever remain separate and distinct; and no person discharging the duties of one shall at the same time exercise the functions of either of the others except as herein provided.
Paragraph V. Contempts. The power of the courts to punish for contempt shall be limited by legislative acts.
Paragraph VI. What acts void. Legislative acts in violation of this Constitution or the Constitution of the United States are void, and the judiciary shall so declare them.
Paragraph VII. Superiority of civil authority. The civil authority shall be superior to the military.
Paragraph VIII. Separation of church and state. No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution.
Paragraph IX. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws, except that the General Assembly may by law provide that the operation of a nonprofit bingo game shall not be a lottery and shall be legal in this state. The General Assembly may by law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games.
Paragraph X. Sovereign immunity of the state from suit. The sovereign immunity of the state from suit is hereby expressly reserved except to the extent of any waiver or qualification of such immunity as is now or may hereafter be provided by law.
SECTION III.
GENERAL PROVISIONS
Paragraph I. Eminent domain, (a) Except as otherwise provided in this Paragraph, private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid.
(b) When private property is taken or damaged by the state or the counties or municipalities of the state for public road or street purposes, or for public transportation purposes, or for any other public purposes as determined by the General Assembly, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law; but such just and adequate compensation shall then be paid in preference to all other obligations except bonded indebtedness.
FRIDAY, SEPTEMBER 11, 1981
221
(c) The General Assembly may by law require the condemnor to make prepayment against adequate compensation as a condition precedent to the exercise of the right of eminent domain and provide for the disbursement of the same 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 public projects or programs; and the powers of taxation may be exercised and public funds expended in furtherance thereof.
Paragraph II. Private ways. In case of necessity, private ways may be granted upon just and adequate compensation being first paid by the applicant.
Paragraph III. Tidewater titles confirmed. The Act of the General Assembly approved December 16, 1902, which extends the title of ownership of lands abutting on tidal water to low water mark, is hereby ratified and confirmed.
ARTICLE II.
VOTING AND ELCTIONS
SECTION I.
METHOD OF VOTING; RIGHT TO REGISTER AND VOTE
Paragraph I. Method of voting. Elections by the people shall be by secret ballot and shall be conducted in accordance with procedures provided by law.
Paragraph II. Right to register and vote. Every person who is a citizen of the United States and a resident of Georgia as defined by law, who is at least 18 years of age and not disenfranchised by this article, and who meets minimum residency requirements as provided by law shall be entitled to vote at any election by the people. The General Assembly shall provide by law for registration of electors.
Paragraph III. Exceptions to right to register and vote, (a) No person who has been convicted of a felony 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 disability has been removed.
222
JOURNAL OF THE SENATE
SECTION II.
GENERAL PROVISIONS
Paragraph I. Procedures to be provided by law. The General Assembly shall provide by law for a method of appeal from the decision to allow or refuse to allow any person to register or vote and shall provide by law for a procedure whereby returns of all elections by the people shall be made to the Secretary of State.
Paragraph II. Run-off election. A run-off election shall be a continuation of the general election and only persons who were entitled to vote in the general election shall be entitled to vote therein; and only those votes cast for the persons designated for the runoff shall be counted in the tabulation and canvass of the votes cast.
Paragraph III. Persons not eligible to hold office. No person who is not a registered voter or who has been convicted of a felony, unless that person's civil rights have been restored, or who is the holder of public funds illegally shall be eligible to hold any office or appointment of honor or trust in this state. Additional conditions of eligibility 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 provied by law.
Paragraph IV. Recall of public officials holding elective office. The General Assembly is hereby authorized to provide by general law for the recall of public officials who hold elective office. The procedures, grounds, and all other matters relative to such recall shall be provided for in such law.
Paragraph V. Sale of liquors on election days. The General Assembly shall by law forbid the sale of intoxicating drinks in this state or any political subdivision thereof on all days for the holding of any election in the area in which such election is held, during the hours of election, and prescribe punishment for any violation of the same.
ARTICLE III.
LEGISLATIVE BRANCH
SECTION I.
LEGISLATIVE POWER
Paragraph I. Power vested in General Assembly. The legislative power of the state shall be vested in a General Assembly which shall consist of a Senate and a House of Representatives.
FRIDAY, SEPTEMBER 11, 1981
223
SECTION II.
COMPOSITION OF GENERAL ASSEMBLY
Paragraph I. Senate and House of Representatives, (a) The Senate shall consist of not fewer than 56 Senators, each of whom shall be elected from single-member districts.
(b) The House of Representatives shall consist of not fewer than 180 Representatives apportioned among representative districts of the state.
Paragraph II. Apportionment of General Assembly. The General Assembly shall apportion the Senate and House districts. Such districts shall be composed of contiguous territory. The apportionment of the Senate and of the House of Representatives shall be changed by the General Assembly as necessary after each United States decennial census.
Paragraph III. Qualifications of members of General Assembly, (a) At the time of their election, the members of the Senate shall be citizens of the United States, shall be at least 25 years of age, shall 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 shall be citizens of the United States, shall be at least 21 years of age, shall 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 shall have a seat in either house unless otherwise provided by law.
(b) No person holding any civil appointment or office having any emolument annexed thereto under the United States, this state, or any other state shall have a seat in either house.
(c) No Senator or Representative shall be elected by the General Assembly or appointed by the Governor to any office or appointment having any emolument annexed thereto during the time for which such person shall have been elected unless the Senator or Representative shall first resign the seat to which elected; provided, however, that, during the term for which elected, no Senator or Representative shall be appointed to any civil office which has been created during such term.
Paragraph V. Election and term of members, (a) The members of the General Assembly shall be elected by the qualified electors of their respective districts for a term of two years and shall serve until the time fixed for the convening of the next General Assembly.
224
JOURNAL OF THE SENATE
(b) The members of the General Assembly in office on June 30, 1983, shall serve out the remainder of the terms to which elected.
(c) The first election for members of the General Assembly under this Constitution shall take place on Tuesday after the first Monday in November, 1984, and subsequent elections biennially on that day until the day of election is changed by law.
SECTION III.
OFFICERS OF THE GENERAL ASSEMBLY
Paragraph I. President and President Pro Tempore of the Senate, (a) The presiding officer of the Senate shall be styled the President of the Senate.
(b) A President Pro Tempore shall 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 President. In case of the death, resignation, or permanent disability of the President or in the event of the succession of the President to the executive power, the President Pro Tempore shall become President and shall receive the same compensation and allowances as the Speaker of the House of Representatives. The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph.
Paragraph II. Speaker and Speaker Pro Tempore of the House of Representatives, (a) The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives and shall be elected by the House of Representatives from among its members.
(b) A Speaker Pro Tempore shall be elected by the House of Representatives from among its members. The Speaker Pro Tempore shall become Speaker in case of the death, resignation, or permanent disability of the Speaker and shall serve until a Speaker is elected. Such election shall be held as provided in rules of the House. The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph.
Paragraph III. Other officers of the two houses. The other officers of the two houses shall 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 limit, and adjournment, (a) The General Assembly shall be a continuous body during the term for which the members thereof are elected. The General Assembly shall meet in regular session on the second Monday in January of each year and may continue in session for a period of no longer than 40 days in
FRIDAY, SEPTEMBER 11, 1981
225
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. Following the tenth day of a special session, either house may adjourn not more than twice for a period not to exceed 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 called 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, the House shall adjourn and the Senate shall remain in session until such trial is completed.
Paragraph II. Oath of members. Each Senator and Representative, before taking the seat to which elected, shall take the oath or affirmation prescribed by law.
Paragraph III. Quorum. A majority of the members to which each house is entitled shall 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 shall 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 shall be filled as provided by this Constitution and by law. The seat of a member of either house shall 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 shall receive such salary as shall be provided for by law, provided that no increase in salary shall become effective prior to the end of the term during which such change is made.
Paragraph VII. Election and returns; disorderly conduct. Each house shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior or misconduct by censure, fine, imprisonment, or expulsion; but no member shall be so disciplined or expelled except by a vote of two-thirds of the members of the house to which such member belongs.
226
JOURNAL OF THE SENATE
Paragraph VIII. Contempts, how punished. Each house may punish by imprisonment, not extending beyond the session, any person not a member who shall be guilty of a contempt, by any disorderly behavior in its presence, or who shall rescue or attempt to rescue any person arrested by order of either house.
Paragraph IX. Privilege of members. The members of both houses shall be free from arrest during sessions of the General Assembly, or committees 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. All elections by either house of the General Assembly shall be by recorded vote, and the vote shall appear on the respective journal of each house.
SECTION V.
ENACTMENT OF LAWS
Paragraph I. Journals and laws. Each house shall keep and publish after its adjournment a journal of its proceedings. The original journals shall be the sole, official records of the proceedings of each house and shall be preserved as provided by law. The General Assembly shall provide for the publication of the laws passed at each session.
Paragraph II. Bills for revenue. All bills for raising revenue, or appropriating money, shall originate in the House of Representatives.
Paragraph III. One subject matter expressed. No bill shall pass which refers to more than one subject matter or contains matter different from what is expressed in the title thereof.
Paragraph IV. Statutes and sections of Code, how amended. No law or section of the Code shall be amended or repealed by mere reference to its title or to the number of the section of the Code; but the amending or repealing Act shall distinctly describe the law or Code section to be amended or repealed as well as the alteration to be made.
Paragraph V. Majority of members to pass bill. No bill shall become law unless it shall receive a majority of the votes of all the members to which each house is entitled, and such vote shall so appear on the journal of each house.
Paragraph VI. When roll-call 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 roll-call vote on any question shall be taken and shall be entered on the journal. The yeas and nays in each house shall be recorded and entered on the journal upon the passage or rejection of any bill or resolution appropriating money and whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of a bill or resolution.
FRIDAY, SEPTEMBER 11, 1981
227
Paragraph VII. Reading of general bills. The title of every general bill and of every resolution intended to have the effect of general law or to amend this Constitution or to propose a new Constitution shall be read three times and on three separate days in each house before such bill or resolution shall be voted upon; and the third reading of such bill and resolution shall 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 bill and every resolution intended to have the effect of local law shall be read at least once before such bill or resolution shall be voted upon; and no such bill or resolution shall be voted upon prior to the second day following the day of introduction.
Paragraph IX. Advertisement of notice to introduce local legislation. The General Assembly shall provide by law for the advertisement of notice of intention to introduce local bills.
Paragraph X. Acts signed. All Acts shall 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 shall 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 shall have been rejected by either house shall 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 rejected.
Paragraph XIII. Approval, veto, and override of veto of bills and resolutions, (a) All bills and all resolutions which have been passed by the General Assembly intended to have the effect of law shall become law if the Governor approves or fails to veto the same within six days from the date any such bill or resolution is transmitted to the Governor unless the General Assembly adjourns sine die or adjourns for more than 40 days prior to the expiration of said six days. In the case of such adjournment sine die or of such adjournment for more than 40 days, the same shall become law if approved or not vetoed by the Governor within 40 days from the date of any such adjournment.
jb) During sessions of the General Assembly or during any period of adjournment of a session of the General Assembly, no bill or resolution shall be transmitted to the Governor after passage except upon request of the Governor or upon order of two-thirds of the membership of each house. A local bill which is required by the Constitution to have a referendum election conducted before it shall become effective
228
JOURNAL OF THE SENATE
shall be transmitted immediately to the Governor when ordered by the presiding officer of the house wherein the bill shall have originated or upon order of two- thirds of the membership of such house.
(c) The Governor shall have the duty to transmit any vetoed bill or resolution, together with the reasons for such veto, to the presiding officer of the house wherein it originated within three days from the date of veto if the General Assemly is in session on the date of transmission. If the General Assembly adjourns sine die or adjourns for more than 40 days, the Governor shall transmit any vetoed bill or resolution, together with the reasons for such veto, to the presiding officer of the house wherein it originated within 60 days of the date of such adjournment.
(d) During sessions of the General Assembly, any vetoed bill or resolution may upon receipt be immediately considered by the house wherein it originated for the purpose of overriding the veto. If twothirds of the members to which such house is entitled vote to override the veto of the Governor, the same shall be immediately transmitted to the other house where it shall be immediately considered. Upon the vote to override the veto by two-thirds of the members to which such other house is entitled, such bill or resolution shall become law. All bills and resolutions vetoed during the last three days of the session and not considered for the purpose of overriding the veto and all bills and resolutions vetoed after the General Assembly has adjourned sine die may be considered within the first ten days of the next regular session of the General Assembly for the purpose of overriding the veto in the manner herein provided. If either house shall fail to override the Governor's veto, neither house shall again consider such bill or resolution for the purpose of overriding such veto.
(e) The Governor may approve any appropriation and veto any other appropriation in the same bill, and any appropriation vetoed shall not become law unless such veto is overriden in the manner herein provided.
SECTION VI.
EXERCISE OF POWERS
Paragraph I. General powers. The General Assembly shall have the power to make all laws not inconsistent with this Constitution, and not repugnant to the Constitution of the United States, which it shall deem necessary and proper for the welfare of the state.
Paragraph II. Specific powers, (a) Without limitation of the powers granted under Paragraph I, the General Assembly shall 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.
FRIDAY, SEPTEMBER 11, 1981
229
(2) A militia and for the trial by courts-martial and nonjudicial punishment of its members, and the discipline of whom, when not in federal service, shall 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 state in federal programs and the compliance with laws relating thereto, including but not limited to the powers, which may be exercised to the extent and in the same manner necessary to effect such participation and compliance, to tax, to expend public 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 limited to the suspension of all 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 facilities operated by such agencies for the purpose of encouraging and promoting tourism in this state.
(b) The General Assembly shall have the power to implement the provisions of Article I, Section III, Paragraph 1(2.); Article IV, Section VIII, Paragraph II; Article IV, Section VIII, Paragraph III; and Article X, Section II, Paragraph XII of the Constitution of 1976 in force and effect on June 30, 1983; and all laws heretofore adopted thereunder and valid at the time of their enactment shall continue in force and effect until modified or repealed.
Paragraph III. Powers not to be abridged. The General Assembly shall not abridge its powers under this Constitution. No law enacted by the General Assembly shall be construed to limit 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 shall be enacted in any case for which provision has been made by an existing general law, except that the General Assembly may by general law authorize local governments by local ordinance or resolution to exercise police powers which do not conflict with general laws.
(b) No population bill, as the General Assembly shall define by general law, shall be passed. No bill using classification by population as a means of determining the applicability of any bill or law to any political subdivision or group of political subdivisions may expressly or impliedly amend, modify, supersede, or repeal the general law defining a population bill.
(c) No special law relating to the rights or status of private persons shall be enacted.
Paragraph V. Specific limitations, (a) The General Assembly shall not have the power to grant incorporation to private persons but shall provide by general law the manner in which private corporate powers and privileges may be granted.
230
JOURNAL OF THE SENATE
(b) The General Assembly shall not forgive the forfeiture of the charter of any corporation existing 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 shall not have the power to authorize any contract or agreement which may 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 shall not have the power to regulate or fix charges of public utilities owned or operated by any county or municipality of this state, except as authorized by this Constitution.
Paragraph VI. Gratuities, (a) Except as otherwise provided in this Constitution: (1) the General Assembly shall not have the power to grant any donation or gratuity or to forgive any debt or obligation owing to the public; and (2) the General Assembly shall not grant or authorize extra compensation to any public officer, agent, or contractor after the service has been rendered or the contract entered into.
(b) All laws heretofore adopted under Article III, Section VIII, Paragraph XII of the Constitution of 1976 in force and effect on June 30, 1983, shall continue in force and effect.
SECTION VII.
IMPEACHMENTS
Paragraph I. Power to impeach. The House of Representatives shall have the sole power to vote impeachment charges against any executive or judicial officer of this state or any member of the General Assembly.
Paragraph II. Trial of impeachments. The Senate shall have the sole power to try impeachments. When sitting for that purpose, the Senators shall be on oath, or affirmation, and shall be presided over by the Chief Justice of the Supreme Court. Should the Chief Justice be disqualified, then the Presiding Justice shall preside. Should the Presiding Justice be disqualified, then the Senate shall select a Justice of the Supreme Court to preside. No person shall be convicted without concurrence of two-thirds of the members to which the Senate is entitled.
Paragraph III. Judgments in impeachment. In cases of impeachment, judgments shall not exceed 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 shall relieve any party from any criminal or civil liability.
FRIDAY, SEPTEMBER 11, 1981
231
SECTION VIII.
INSURANCE REGULATION
Paragraph I. Regulation of insurance. Provision shall be made by law for the regulation of insurance.
Paragraph II. Issuance of licenses. Insurance licenses shall be issued by the Commissioner of Insurance as required by law.
SECTION IX.
APPROPRIATIONS
Paragraph I. Public money, how drawn. No money shall be drawn from the treasury except by appropriation made by law.
Paragraph II. Preparation, submission, and enactments of general appropriations bill, (a) The Governor shall 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 shall provide for the appropriation of the funds necessary to operate all the various departments and agencies and to meet the current expenses of the state for the next fiscal year.
(b| The General Assembly shall annually appropriate the funds necessary to operate all the various departments and agencies and meet the current expenses of the state for the next fiscal year, including state funds and federal funds. To the extent that federal funds for any program, project, or activity exceed the amount or amounts anticipated in the appropriations bill, or are not anticipated in the appropriations bill, such excess funds or unanticipated funds are hereby continually appropriated for the purposes authorized and directed by the federal government in providing such funds, provided that whenever possible, federal funds shall first be used to replace state funds to the degree that such state funds have been appropriated to supplant federal funds in the same state fiscal year. The fiscal year of the state shall commence on the first day of July of each year and terminate on the thirtieth of June following.
(c) The General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the state.
Paragraph III. General appropriations bill. The general appropriations bill shall embrace nothing except appropriations fixed by previous laws; the ordinary expenses of the executive, legislative, and judicial departments of the government; payment of the public debt and interest thereon; and for support of the public institutions and educational interests of the state. All other appropriations shall be made by separate bills, each embracing but one subject.
232
JOURNAL OF THE SENATE
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 next fiscal year after adoption and it shall then expire, except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of federal grants.
(b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected 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 shall a supplementary appropriations Act continue in force and effect beyond the expiration of the general appropriations Act in effect when such supplementary appropriations Act was adopted and approved.
(c) All appropriated funds, except for the mandatory appropriations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such general appropriations Act shall lapse.
(d) The state, state institutions, and departments and agencies of the state are hereby prohibited from entering into any contract with any public agency or public corporation or authority pursuant to the provisions of Article IX, Section III, Paragraph I(a), which such contract constitutes security for bonds or other obligations issued by any such public agency or public corporation or authority; and the appropriation or expenditure of any funds for the payment of obligations under any such contract is likewise prohibited at any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into, exceed 15 percent of the total revenue receipts less refunds of the state treasury in the fiscal year immediately preceding the making and entering into of any such contract; provided; however, this provision shall not affect contracts validly entered into prior to the effective date of the amendment to Article VII, Section IX, Paragraph II of the Constitution of 1945 adopted November 6, 1962. The execution of any such contract is further prohibited until the General Assembly has specifically provided funds in an appropriations Act for the payment of at least one year's rental under such contract.
Paragraph V. Other or supplementary 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 shall be known as supplementary appropriation Acts, provided no such supplementary appropriation shall be available unless there is an unappropriated surplus in the state treasury or the revenue necessary to pay such appropriation shall
FRIDAY, SEPTEMBER 11, 1981
233
have been provided by a tax laid for such purpose and collected into the general fund of the state treasury. Neither house shall pass a supplementary appropriation bill until the general appropriations Act shall have been finally adopted by both houses and approved by the Governor.
Paragraph VI. Appropriations to be for specific sums, (a) Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency, or institution for which appropriation is made shall be for a specific sum of money; and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof.
(b) An amount equal to all money derived from motor fuel taxes received by the state in each of the immediately preceding fiscal years, less the amount of refunds, rebates, and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this state, as authorized by laws enacted by the General Assembly of Georgia, and for grants to counties by law authorizing road construction and maintenance, as provided by law authorizing such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a general appropriations Act; and said sum need not be specifically stated in any general appropriations Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations, and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this state, unless such provisions are in conflict with the provisions of this paragraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this state by land, sea, or air or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense 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 disability with subsequent injury incurred in employment may be provided 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 subparagraphs (a) of this Paragraph or of Acticle VII, Section III, 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 all offenses against the criminal and traffic laws of this state or of the political subdivisions of this state. The proceeds derived from such additional
234
JOURNAL OF THE SENATE
penalty assessments may be allocated for the specific purpose of meeting any and all costs, or any portion of the cost, or providing training to law enforcement officers and to prosecuting officials.
Paragraph VII. Appropriations void, when. Any appropriation made in conflict with any of the foregoing provisions shall be void.
SECTION X.
RETIREMENT SYSTEMS
Paragraph I. Expenditure of public funds authorized. Public funds may be expended for the purpose of paying benefits and other costs of retirement and pension systems for public officers and employees and their beneficiaries.
Paragraph II. Increasing benefits authorized. Public funds may be expended for the purpose of increasing benefits being paid pursuant to any retirement or pension system wholly or partially supported from public funds.
Paragraph III. Retirement systems covering employees of county boards of education. Notwithstanding Article IX, Section II, Paragraph III(a)(14), the authority to establish or modify heretofore existing local retirement systems covering employees of county boards of education shall continue to be vested in the General Assembly.
Paragraph IV. Firemen's Pension System. The powers of taxation may be exercised by the state through the General Assembly and the counties and municipalities for the purpose of paying pensions and other benefits and costs under a firemen's pension system or systems. The taxes so levied may be collected by such firemen's pension system or systems and disbursed therefrom by authority of the General Assembly for the purposes therein authorized.
Paragraph V. Funding standards. It shall be the duty of the General Assembly to enact legislation to define funding standards which will assure the actuarial soundness of any retirement or pension system supported wholly or partially from public funds and to control legislative procedures so that no bill or resolution creating or amending any such retirement or pension system shall be passed by the General Assembly without concurrent provisions for funding in accordance with the defined funding standards.
ARTICLE IV.
CONSTITUTIONAL BOARDS AND COMMISSIONS
SECTION I.
PUBLIC SERVICE COMMISSION
Paragraph I. Public Service Commission, (a) There shall be a Public Service Commission for the regulation of utilities which shall consist of five members who shall be elected by the people. The Commis-
FRIDAY, SEPTEMBER 11, 1981
235
sioners in office on June 30, 1983, shall serve until December 31 after the general election at which the successor of each member is elected. Thereafter, all succeeding terms of members shall be for six years. Members shall serve until their successors are elected and qualified. A chairman shall be selected by the members of the commission from its membership.
(b) The commission shall be vested with such jurisdiction, powers, and duties as provided by law.
(c) The filling of vacancies and manner and time of election of members of the commission shall be as provided by law.
SECTION II.
STATE BOARD OF PARDONS AND PAROLES
Paragraph I. State Board of Pardons and Paroles. There shall be a State Board of Pardons and Paroles which shall 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, shall serve out the remainder of their respective terms, provided that the expiration date of the term of any member shall be December 31 of the year in which the member's term expires. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for seven years. A chairman shall be selected by the members of the board from its membership.
Paragraph II. Powers and authority, (a) Except as otherwise provided in this Paragraph, the State Board of Pardons and Paroles shall be vested with the power of executive clemency, including the powers to grant reprieves, pardons, and paroles; to commute penalties; to remove disabilities 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 life imprisonment, the board shall not have the authority to grant a pardon to the convicted person until such person has served at least 25 years in the penitentiary; and such person shall not become eligible for parole at any time prior to serving at least 25 years in the penitentiary.
(c) Notwithstanding the provisions of subsection (b) hereof, the board shall not have the authority to grant a pardon or parole to any person convicted of a serious felony for a second or subsequent time except as now or hereafter provided by law. For the purposes of this Paragraph, the term 'serious felony' shall include any of the following offenses:
(1) Murder;
(2) Rape:
(3) Armed Robbery;
236
JOURNAL OF THE SENATE
(4) Kidnapping;
(5) Arson.
(d) Without limiting the amount of time required to be served in the penitentiary prior to pardon or parole pursuant to any other provisions of this Paragraph, a person convicted of armed robbery shall not be pardoned or paroled by the board until such person has served at least five years in the penitentiary.
(e) The chairman of the board, or any other member designated by the board, may suspend the execution of a sentence of death until the full board shall have an opportunity to hear the application of the convicted person for any relief within the power of the board.
(f) Notwithstanding any other provisions of this Paragraph, the State Board of Pardons and Paroles shall have the authority to pardon any person convicted of a crime who is subsequently determined to be innocent of said crime.
SECTION III.
STATE PERSONNEL BOARD
Paragraph I. State Personnel Board, (a) There shall be a State Personnel Board which shall 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 shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for four years. Members shall serve until their successors are appointed and qualified. A member of the State Personnel Board may not be employed in any other capacity in state government. A chairman shall be selected by the members of the board from its membership.
(b) The board shall provide policy 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 shall be selected on the basis of merit as provided by law.
Paragraph II. Veterans preference. Any veteran who has served as a member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and was honorably discharged therefrom, shall be given such veterans preference in any civil service program established in state government as may be provided by law. Any such law must provide at least 10 points to a veteran having at least 10% service connected disability as rated and certified by the Veterans Administration, and all othe such veterrns shall be entitled to at least 5 points.
FRIDAY, SEPTEMBER 11, 1981
237
SECTION IV.
STATE TRANSPORTATION BOARD
Paragraph I. State Transportation Board; commissioner, (a) There shall be a State Transportation Board composed of as many members as there are congressional districts in the state. The member of the board from each congressional district shall be elected by a majority vote of the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such congressional district meeting in caucus. 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, a successor shall be elected as provided herein and by law. All such terms of members shall be for five years. Members shall serve until their successors are elected and qualified.
(b) The State Transportation Board shall select a commissioner of transportation, who shall be the chief executive officer of the Department of Transportation 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 shall be a State Department of Veterans Service and Veterans Service Board which shall consist of seven members appointed by the Governor, subject to confirmation by the Senate. The members in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for four years. Members shall serve until their successors are appointed and qualified.
(b) The board shall appoint a commissioner who shall be executive officer of the department. All members of the board and the commissioner shall be veterans of some war or armed conflict in which the United States has engaged. The board shall have such control, duties, powers, and jurisdiction of the State Department of Veterans Service as shall be provided by law.
SECTION VI.
BOARD OF NATURAL RESOURCES
Paragraph I. Board of Natural Resources. There shall be a Board of Natural Resources which shall consist of one member from each congressional district in the state and two members from the state at large, one of whom must be from one of the following named counties: Chatham, Bryan, Liberty, Mclntosh, Glynn, or Camden. All members shall be appointed by the Governor, subject to confirmation by the Senate. The members of the board in office on June 30, 1983,
238
JOURNAL OF THE SENATE
shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for four years. Members shall serve until their successors are appointed and qualified. 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.
SECTION VII.
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 qualifications, compensation, and removal from office of members of all constitutional boards and commissions provided for in this Article shall be as provided by law.
Paragraph II. 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, shall be as provided by law.
ARTICLE V.
EXECUTIVE BRANCH
SECTION I.
ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR
Paragraph I. Governor: term of office; compensation and allowance. The executive power shall be vested in a Governor who shall hold his office during the term of four years and until his successor shall be chosen and qualified. The Governor serving on the effective date of this Constitution and future Governors shall be eligible to succeed themselves for one four-year term. In the event a Governor succeeds himself he shall not again be eligible to hold the office of Governor. In the event a Governor does not succeed himself he shall not be eligible to hold the office of Governor until after the expiration of four years from the conclusion of his term. The compensation and allowances of the Governor shall be as provided by law.
Paragraph II. Election for Governor. An election for Governor shall be held on Tuesday after the first Monday in November of 1986, and the Governor-elect shall be installed in office at the next session of the General Assembly. An election for Governor shall take place quadrennially thereafter on said date unless another date be fixed by the General Assembly. Said election shall be held at the places of holding general elections in the several counties of this state, in the manner prescribed for the election of members of the General Assembly, and the electors shall be the same.
FRIDAY, SEPTEMBER 11, 1981
239
Paragraph III. Lieutenant Governor. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. The Lieutenant Governor shall be the President of the Senate and shall have such executive 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 shall 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 shall have been a citizen of the United States 15 years and a legal resident of the state six years immediately preceding the election and shall have attained the age of 30 years by the date of assuming office.
Paragraph V. Succession to executive power. ja| In case of the temporary disability of the Governor as determined in the manner provided in Section IV of this article, the Lieutenant Governor shall exercise the powers and duties of the Governor and receive the same compensation as the Governor until such time as the temporary disability of the Governor ends.
(b) In case of the death, resignation, or permanent disability of the Governor or the Governor-elect, the Lieutenant Governor or the Lieutenant Governor-elect, upon becoming the Lieutenant Governor, shall become the Governor until a successor shall be elected and qualified as hereinafter provided. A successor to serve for the unexpired term shall be elected at the next general election; but, if such death, resignation, or permanent disability shall occur within 30 days of the next general election or if the term will expire within 90 days after the next general election, the Lieutenant Governor shall become Governor for the unexpired term. No person shall 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 disability of both the Governor or the Governor-elect and the Lieutenant Governor or the Lieutenant Governor-elect or in case of the death, resignation, or permanent disability of the Governor and there shall be no Lieutenant Governor, the Speaker of the House of Representatives shall exercise the powers and duties of the Governor until the election and qualification of a Governor at a special election, which shall be held within 90 days from the date on which the Speaker of the House of Representatives shall have assumed the powers and duties of the Governor, and the person elected shall serve out the unexpired term.
Paragraph VI. Oath of office. The Governor and Lieutenant Governor shall, before entering on the duties of office, take such oath or affirmation as prescribed by law.
240
JOURNAL OF THE SENATE
SECTION II.
DUTIES AND POWERS OF GOVERNOR
Paragraph I. Executive powers. The chief executive powers shall be vested in the Governor. The other executive officers shall have such powers as may be prescribed by this Constitution and by law.
Paragraph II. Law enforcement. The Governor shall take care that the laws are faithfully executed and shall be the conservator of the peace throughout the state.
Paragraph III. Commander in chief. The Governor shall be the commander in chief of the military forces of this state.
Paragraph IV. Veto power. Except as otherwise provided in this Constitution, before any bill or resolution shall become law, the Governor shall have the right to review such bill 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 bill or resolution. In the event the Governor vetoes any such bill or resolution, the General Assembly may, by a two-thirds' vote, override such veto as provided in Article III of this Constitution.
Paragraph V. Writs of election. The Governor shall issue writs of election to fill all vacancies that may occur in the Senate and in the House of Representatives.
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 expedient.
Paragraph VII. Special sessions of the General Assembly, (a) The Governor may convene the General 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 after the special session has convened; but no laws shall 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 shall convene the General Assembly in special session for all purposes whenever three-fifths of the members to which each house is entitled certify to the Governor in writing, with a copy to the Secretary of State, that in their opinion an emergency exists in the affairs of the state. The General Assembly may convene itself if, after receiving such certification, the Governor fails to do so within three days, excluding Sundays.
(c) Special sessions of the General Assembly shall be limited to a period of 40 days unless extended by three-fifths' vote of each house and approved by the Governor or unless at the expiration of such
FRIDAY, SEPTEMBER 11, 1981
241
period an impeachment trial of some officer of state 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 public office shall become vacant by death, resignation, or otherwise, the Governor shall fill such vacancy within 90 days unless otherwise provided by this Constitution or by law; and persons so appointed shall serve for the unexpired term unless otherwise provided by this Constitution or by law.
(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, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, an individual to serve until the next general election and until a successor for the balance of the unexpired term shall have been elected and qualified.
Paragraph IX. Appointments by Governor. The Governor shall make such appointments as are authorized by this Constitution or by law. If a person whose confirmation is required by the Senate is once rejected by the Senate, that person shall not be renominated by the Governor for appointment to the same office until the expiration of a period of one year from the date of such rejection.
Paragraph X. Information from officers and employees. The Governor may require information in writing from constitutional officers and all other officers and employees of the executive branch on any subject relating to the duties of their respective offices or employment.
SECTION III.
OTHER ELECTED EXECUTIVE OFFICERS
Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor shall be elected in the manner prescribed for the election of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Governor.
Paragraph II. Qualifications, (a) No person shall 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 shall 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 shall have attained the age of 25 years by the date of assum-
242
JOURNAL OF THE SENATE
ing office. All of said officers shall take such oath and give bond and security, as prescribed by law, for the faithful discharge of their duties.
(b) No person shall be Attorney General unless such person shall have been an active-status member of the State Bar of Georgia for seven years.
Paragraph III. Powers, duties, compensation, and allowances of other executive officers. Except as otherwise provided in this Constitution, the General Assembly shall 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 all capital felonies and in all civil and criminal cases in any court when required by the Governor, and shall perform such other duties as shall 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.
Paragraph II. Procedure for determining disability. 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 disability, the Supreme Court shall by appropriate rule provide for a speedy and public hearing on such matter, including notice of the nature and cause of the accusation, process for obtaining witnesses, and the assistance of counsel. Evidence at such hearing shall include testimony from not fewer than three qualified physicians in private practice, one of whom must be a psychiatrist.
Paragraph III. Effect of determination of disability. If, after hearing the evidence on disability, 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 shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof. It is determined that the disability is not permanent, the Supreme Court shall determine when the disability has ended and when the officer shall resume the exercise of the powers of office. During the period of temporary disability, the powers of such office shall be exercised as provided by law.
FRIDAY, SEPTEMBER 11, 1981
243
ARTICLE VI.
JUDICIAL BRANCH
SECTION I.
JUDICIAL POWER
Paragraph I. Judicial power of the state. The judicial power of the state shall be vested exclusively in the following 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 shall be courts of limited 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 shall have jurisdiction over ordinance violations and all other jurisdiction as provided by law. Except as provided in this Paragraph and in Section X, municipal courts, civil courts in existence on June 30, 1983, the Recorder's Court of DeKalb County, and administrative agencies shall not be subject to the provisions of this article.
Paragraph II. Unified judicial system. All courts of the state shall comprise a unified judicial system.
Paragraph III. Judges; exercise of power outside own court; scope of term "judge." Provided the judge is otherwise qualified, a judge may exercise 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 existing or created.
Paragraph IV. Exercise of judicial power. Each court may exercise such powers as necessary in aid of its jurisdiction or to protect or effectuate its judgments; but only the superior and appellate courts shall 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 powers, etc.; overlapping jurisdiction. Except as provided in Section III, Paragraph I of this article, the courts of each class shall have uniform powers, rules of practice and procedure, and qualifications, terms, and discipline of judges. The provisions of this Paragraph shall be effected by law within 24 months of the effective date of this article.
Paragraph VI. Judicial circuits; courts in each county; court sessions. The state shall be divided into judicial circuits, each of which shall consist of not less than one county. Each county shall have at least one superior court, magistrate court, a probate court, and, where provided by law, a state court and a juvenile court. In the absence of a
244
JOURNAL OF THE SENATE
state court or a juvenile court, the superior court shall exercise that jurisdiction. Superior courts shall 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 shall consist of less than one county.
Paragraph VIII. Transfer of cases. Any court shall transfer to the appropriate court in the state any civil case in which it determines that jurisdiction or venue lies elsewhere.
Paragraph IX. Rules of evidence; law prescribed. All rules of evidence shall be as prescribed by law.
SECTION II.
VENUE
Paragraph I. Divorce cases. Divorce cases shall be brought 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 military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States army post or military reservation.
Paragraph II. Land titles. Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction.
Paragraph III. Equity cases. Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.
Paragraph IV. Suits against joint obligors, 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.
Paragraph V. Suits against maker, endorser, etc. Suits against the maker and endorser of promissory notes, or drawer, acceptor, and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides.
Paragraph VI. All other cases. All other civil cases, except juvenile court cases as may otherwise be provided by the Juvenile Court Code of Georgia, shall be tried in the county where the defendant resides; venue as to corporations, foreign and domestic, shall be as provided by law; and all criminal cases shall be tried in the county where the
FRIDAY, SEPTEMBER 11, 1981
245
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 VII. Other responsible party defendant. The General Assembly may provide by law for the bringing into court by named defendants of responsible parties other than those named in a case as defendants without regard to the residence of such responsible parties.
Paragraph VIII. Power to change venue. The power to change the venue in civil and criminal cases shall be vested in the superior courts to be exercised in such manner as has been, or shall be, provided by law.
SECTION III.
CLASSES OF COURTS OF LIMITED JURISDICTION
Paragraph I. Jurisdiction of classes of courts of limited jurisdiction. The magistrate, juvenile, and state courts shall have uniform jurisdiction as provided by law. Original, exclusive, and general jurisdiction over the probate of wills, administration of estates, and guardianships shall be in the probate courts. Under regulations prescribed by law, appeals from the decision of the probate court may be made to the superior court and, by consent of the parties, appeals of cases filed in but not decided by the probate court may be made to the superior court. Probate courts shall also have such additional jurisdiction as now or hereafter provided by law, without respect to uniformity.
SECTION IV.
SUPERIOR COURTS
Paragraph I. Jurisdiction of superior courts. The superior courts shall have jurisdiction in all cases, except as otherwise provided in this Constitution. They shall have exclusive jurisdiction over trials 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 shall have such appellate jurisdiction, either alone or by circuit or district, as may be provided by law.
SECTION V.
COURT OF APPEALS
Paragraph I. Composition of Court of Appeals; Chief Judge. The Court of Appeals shall consist of not less than nine Judges who shall elect from among themselves a Chief Judge.
Paragraph II. 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.
246
JOURNAL OF THE SENATE
Paragraph III. Jurisdiction of Court of Appeals; decisions binding. The Court of Appeals shall be a court of review and shall exercise appellate and certiorari jurisdiction in all cases not reserved to the Supreme Court on conferred on other courts by law. The decisions of the Court of Appeals insofar as not in conflict with those of the Supreme Court shall bind all 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 shall be immediately transmitted to the Supreme Court.
SECTION VI.
SUPREME COURT
Paragraph I. Composition of Supreme Court; Chief Justice; Presiding Justice; quorum; substitute judges. The Supreme Court shall consist of not more than nine Justices who shall 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 shall be necessary to hear and determine cases. If a Justice is disqualified in any case, a substitute judge may be designated by the remaining Justices to serve.
Paragraph II. Exclusive appellate jurisdiction of Supreme Court. The Supreme Court shall be a court of review and shall exercise exclusive appellate jurisdiction in the following cases:
(1) All cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question; and
(2) All cases of election contest.
Paragraph III. General appellate jurisdiction of Supreme Court. Unless otherwise provided by law, the Supreme Court shall have appellate jurisdiction of the following classes of cases:
(1) Cases involving title to land;
(2) All equity cases;
(3) All cases involving wills;
(4) All habeas corpus cases;
(5) All cases involving extraordinary remedies;
(6) All divorce and alimony cases;
FRIDAY, SEPTEMBER 11, 1981
247
(7) All cases certified to it by the Court of Appeals; and
(8) All cases in which a sentence of death was imposed or could be imposed.
Review of all cases shall be as provided by law.
Paragraph IV. Jurisdiction over questions of law from state or federal appellate courts. The Supreme Court shall have jurisdiction to answer any question of law from any state or federal appellate court.
Paragraph V. Review of cases in Court of Appeals. The Supreme Court may review by certiorari cases in the Court of Appeals which are of gravity or great public importance.
Paragraph VI. Decisions of Supreme Court binding. The decisions of the Supreme Court shall bind all other courts as precedents.
SECTION VII.
SELECTION, TERM, COMPENSATION, AND DISCIPLINE
OF JUDGES
Paragraph I. Election; term of office. All superior court and state court judges shall be elected on a nonpartisan basis for a term of four years. All Justices of the Supreme Court and the Judges of the Court of Appeals shall be elected on a nonpartisan basis for a term of six years. The terms of all judges thus elected shall begin the next January 1 after their election. All other judges shall continue to be selected in the manner and for the term they were selected on June 30, 1983, until otherwise provided by law.
Paragraph II. Qualifications, (a) Appellate and superior court judges shall have been admitted to practice law for seven years.
(b) State and juvenile court judges shall have been admitted to practice law for five years.
(c) Probate and magistrate judges shall have such qualifications as provided by law.
(d) All judges shall reside in the geographical area in which they are selected to serve.
(e) The General Assembly may provide by law for additional qualifications, including, but not limited to, minimum residency requirements.
Paragraph III. Vacancies. Vacancies shall be filled by appointment of the Governor except as otherwise provided by law in the magistrate, probate and juvenile courts.
248
JOURNAL OF THE SENATE
Paragraph IV. Period of service of appointees. An appointee to an elective office shall serve until a successor is duly selected and qualified and until January 1 of the year following the next general election which is more than six months after such person's appointment.
Paragraph V. Compensation and allowances of judges. All judges shall receive compensation and allowance as provided by law; county supplements are hereby continued and may be granted or changed by the General Assembly. County governing authorities which have the constitutional authority to make county supplements shall continue to have such authority under this Constitution. An incumbent's salary, allowance, or supplement shall not be decreased during his term of office.
Paragraph VI. Judicial Qualifications Commission; power; composition. The power to discipline, remove, and cause involuntary retirement of judges shall be vested in the Judicial Qualifications Commission. It shall consist of seven members, as follows:
(1) Two judges of any court of record, selected by the Supreme Court;
(2) Three members of the State Bar of Georgia who shall have been active status members of the state bar for at least ten years and who shall be elected by the board of governors of the state bar; and
(3) Two citizens, neither of whom shall be a member of the state bar, who shall be appointed by the Governor.
Paragraph VII. Discipline, removal, and involuntary retirement of judges. Any judge may be removed, suspended, or otherwise disciplined for willful misconduct in office, or for willful and persistent failure to perform the duties of office, or for habitual intemperance, or for conviction of a crime involving moral turpitude. Any judge may be retired for disability which constitutes a serious and likely permanent interference with the performance of the duties of office. The Supreme Court shall adopt rules of implementation.
Paragraph VIII. Due process; review by Supreme Court. No action shall be taken against a judge except after hearing and in accordance with due process of law. No removal of involuntary retirement shall occur except upon order of the Supreme Court after review.
SECTION VIII.
DISTRICT ATTORNEYS
Paragraph I. District attorneys; vacancies; qualifications; compensation; duties, immunity, (a) There shall be a district attorney for each judicial circuit, who shall be elected circuit-wide for a term of four years. The successors of present and subsequent incumbents shall be elected by the electors of their respective circuits at the general election held immediately preceding the expiration of their respective
FRIDAY, SEPTEMBER 11, 1981
249
terms. District attorneys shall serve until their successors are duly elected and qualified. Vacancies shall be filled by appointment of the Governor.
(b| No person shall be a district attorney unless such person shall have been an active-status member of the State Bar of Georgia for three years immediately preceding such person's election.
(c) The district attorneys shall receive such compensation and allowances as provided by law and shall be entitled to receive such local supplements to their compensation and allowances as may be provided by law.
(d) It shall be the duty of the district attorney to represent the state in all criminal cases in the superior court of such district attorney's circuit and in all cases appealed from the superior court and the juvenile courts of that circuit to the Supreme Court and the Court of Appeals and to perform such other duties as shall be required by law.
(e) Distrct attorneys shall enjoy immunity from private suit for actions arising from the performance of their duties.
Paragraph II. Discipline, removal, and involuntary retirement of district attorneys. Any district attorney may be disciplined, removed or involuntarily retired as provided by law.
SECTION IX.
GENERAL PROVISIONS
Paragraph I. Administration of the judicial system; uniform court rules; advice and consent of councils. The judicial system shall be administered as provided in this Paragraph. No more than 24 months after the effective date hereof, and from time to time thereafter by amendment, the Supreme Court shall, with the advice and consent of the council of the affected class or classes of trial courts, by order adopt and publish uniform court rules and record-keeping rules which shall provide for the speedy, efficient, and inexpensive resolution of disputes and prosecutions. Each council shall be composed of all of the judges of the courts of that class.
Paragraph II. Disposition of cases. The Supreme Court and the Court of Appeals shall dispose of every case at the term for which it is entered on the court's docket for hearing or at the end of the next term.
Paragraph III. Appropriations for judicial system; court system revenues. The General Assembly shall annually appropriate funds as it deems adequate for operation of the system for the next fiscal year.
250
JOURNAL OF THE SENATE
SECTION X.
TRANSITION
Paragraph I. Effect of ratification. On the effective date of this article:
(1) Superior courts shall continue as superior courts.
(2) State courts shall continue as state courts.
(3) Probate court shall continue as probate courts.
(4) Juvenile courts shall continue as juvenile courts.
(5) Municipal courts not otherwise named herein, of whatever name, shall continue as and be denominated municipal courts, except that the City Court of Atlanta shall retain its name. Such municipal courts, the Civil Courts of Richmond and Bibb counties, the Recorder's Court of DeKalb County, and administrative agencies having quasi-judicial powers, shall continue with the same jurisdiction as such courts and agencies have on the effective date of this article, until otherwise provided by law.
(6) Justice of the peace courts, small claims courts, and magistrate courts operating on the effective date of this article, the County Court of Echols County, the County Court of Baldwin County, and the County Court of Putnam County shall become and be classed as magistrate courts.
Paragraph II. Continuation of judges. Each judge holding office on the effective date of this article shall continue in office until the expiration of the term of office, as a judge of the court having the same or similar jurisdiction, except that superior court judges then incumbent of eight-year terms shall be eligible for election to eight-year terms. Each court not named herein shall cease to exist on such date or at the expiration of the term of the incumbent judge, whichever is later; and its jurisdiction shall automatically pass to the new court of the same or similar jurisdiction, in the absence of which court it shall pass to the superior court.
ARTICLE VII.
TAXATION AND FINANCE
SECTION I.
POWER OF TAXATION
Paragraph I. Taxation; limitations on grants of tax powers. The state may not suspend or irrevocably give, grant, limit, or restrain the right of taxation and all laws, grants, contracts, and other acts to effect any of these purposes are null and void. Except as otherwise provided in this Constitution, the right of taxation shall always be under the complete control of the state.
FRIDAY, SEPTEMBER 11, 1981
251
Paragraph II. Taxing power limited, (a) The annual levy of state ad valorem taxes on tangible property for all purposes, except for defending the state in an emergency, shall not exceed one-fourth mill on each dollar of the assessed value of the property.
(b) So long as the method of taxation in effect on December 31, 1980, for the taxation of shares of stock of banking corporations and other monied capital coming into competition with such banking corporations continues in effect, such shares and other monied capital may be taxed at an annual rate not exceeding five mills on each dollar of the assessed value of the property.
Paragraph III. Uniformity; classification of property, (a] All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax.
(b) (1] Except as otherwise provided in this subparagraph (b), classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money.
(2| Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes:
(A) Motor vehicles, including trailers.
(B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation.
(C) Agricultural land, which includes forest land. Such property shall be assessed for ad valorem tax purposes at 75 percent of the level at which other tangible property is assessed. No property shall be qualified for this special classification unless the conditions set out below are met. In addition to the specific conditions set out below, the General Assembly may place further restrictions upon, but may not relax, the conditions of eligibility for this special classification:
(i) The property must have been used for bona fide agricultural purposes as defined by this subparagraph for each of the three years immediately preceding the year in which eligibility is sought.
(ii| The property must be owned by:
(I) One or more natural citizens; or
(II) A family-owned farm corporation, control of which is owned by individuals related to each other within the fourth degree of civil reckoning and which derived 80 percent or more of its gross income from bona fide agricultural purposes in this state in the year immediately preceding the year in which eligibility is sought.
252
JOURNAL OF THE SENATE
(iii) No property owner shall be eligible and qualified for the special classification authorized in this subparagraph on more than 2,000 acres of property used for bona fide agricultural purposes in any one tax year. No tract of property shall be eligible for special classification as agricultural land if such classification would result in any person having any beneficial interest, including any interest in the nature of stock ownership, in more than 2,000 acres of land which is subject to such classification.
(iv) As a condition precedent to qualify for the special classification, the owner of such property must agree by covenant with the appropriate taxing authority to maintain the eligible property in qualified agricultural use for a period of ten years from the date of his application for qualification for special classification.
(v) As a condition precedent to the property maintaining its qualification for special classification during the entire period of the covenant, the property must be maintained in continuous qualified agricultural use. If any change in ownership of qualified property occurs during the covenant period, all qualification requirements contained herein must be met again before the property shall be eligible to be continued in this special classification. The owner shall also be required annually to file with the tax assessor of the county wherein lies the real property on which the special classification is claimed, a sworn statement that the requirements for claiming the special classification as set out in paragraph (C) of Section I of this Article have been met. If the use of any property so classified is changed to any purpose other than bona fide agricultural use during the period of the covenant, the following penalties shall be imposed:
(I) As to only the period of the initial covenant by the owner, if a sale of the property occurs and the new owner does not continue the property in qualified agricultural use, the penalty shall be 5 percent of the total sales price if the ownership change occurs during the first five years of the covenant period. Thereafter, the penalty shall be reduced by 1 percent per year if the ownership change occurs during the sixth through the ninth years of the covenant period.
(II) Any penalty due under these provisions shall become a lien upon the property on which the credit was claimed.
(III) If any change from a qualified agricultural use to any other use shall occur without a sale of the property, the property shall immediately lose its eligibility for special classification and a penalty shall be imposed in the amount of the ad valorem taxes plus interest as provided by law which otherwise would have been levied on the property had it not been qualified for special classification for the three tax years immediately preceding the year in which the property loses its eligibility after deduction for ad valorem taxes actually paid on the property as a result of its special classification for the same three years.
(vi) As used in this subparagraph, unless the context requires otherwise, "bona fide agricultural purposes" and "qualified
FRIDAY, SEPTEMBER 11, 1981
253
agricultural use" shall mean good faith commercial agricultural use of the land and it includes horticulture, floriculture, forestry, dairy, livestock, poultry, bee, and all forms of farm products and farm production.
(D) Real property owned and occupied as a primary place of residence by citizens of this State who are age 65 or older.
(3] Different rates, methods, and assessment dates for the classes of property defined in paragraphs III(b)(2)(A) and III(b|(2)(B| of this Section I of Article VII may be provided by law.
(c) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes on public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties except agricultural land as defined in this section.
SECTION II.
EXEMPTIONS FROM AD VALOREM TAXATION
Paragraph I. Unauthorized tax exemptions void. Except as authorized in or pursuant to this Constitution, all laws exempting property from ad valorem taxation are void.
Paragraph II. Exemptions from taxation of property, (a) (1) Except as otherwise provided in this Constitution, no property shall be exempted from ad valorem taxation unless the exemption is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote and by a majority of the qualified electors of the state voting in a referendum thereon.
(2| Homestead exemptions from ad valorem taxation levied by local taxing jurisdictions may be granted by local law conditioned upon approval by a majority of the qualified electors residing within the limits of the local taxing jurisdiction voting in a referendum thereon.
(3) Laws subject to the requirement of a referendum as provided in subparagraph (a)(2) may originate in either the Senate or the House of Representatives.
(4) The requirements of this subparagraph (a) shall not apply with respect to a law which codifies or recodifies an exemption previously authorized in the Constitution of 1976 or an exemption authorized pursuant to this Constitution.
(b) The grant of any exemption from ad valorem taxation shall be subject to the conditions, limitations, and administrative procedures specified bylaw.
Paragraph III. Exemptions which may be authorized locally. (a)(l) The governing authority of any county or municipality, subject to the approval of a majority of the qualified electors of such political sub-
254
JOURNAL OF THE SENATE
division voting in a referendum thereon, may exempt from ad valorem taxation, including all such taxation levied for educational purposes and for state purposes, inventories of goods in the process of manufacture or production, and inventories of finished goods.
(2) Exemptions granted pursuant to this subparagraph (a) may only be revoked by a referendum election called and conducted as provided by law. The call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of the election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a fiveyear period from the date of such referendum.
(3) The implementation, administration, and revocation of the exemptions authorized in this subparagraph (a) shall be provided for by law. Until otherwise provided by law, the grant of the exemption shall be subject to the same conditions, limitations, definitions, and procedures provided for the grant of such exemption in the Constitution of 1976 on June 30, 1983.
(b) That portion of Article VII, Section I, Paragraph IV of the Constitution of 1976 which authorized local exemptions for certain property used in solar energy heating or cooling systems and in the manufacture of such systems is adopted by this reference as a part of this Constitution as completely as though incorporated in this Paragraph verbatim. This subparagraph (b) is repealed effective July 1, 1986.
Paragraph IV. Current property tax exemptions preserved. Those types of exemptions from ad valorem taxation provided for by law on June 30, 1983, are hereby continued in effect as statutory law until otherwise provided for by law. Any law which reduces or repeals any homestead exemption in existence on June 30, 1983, or created thereafter must be approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote and by a majority of the qualified electors of the state or the affected local taxing jurisdiction voting in a referendum thereon. Any law which reduces or repeals exemptions granted to religious or burial groups or institutions of purely public charity must be approved by two-thirds of the members elected to each branch of the General Assembly.
SECTION III.
PURPOSES AND METHOD OF STATE TAXATION
Paragraph I. Taxation; purposes for which powers may be exercised, (a) Except as otherwise provided in this Constitution, the power of taxation over the whole state may be exercised for any purpose authorized by law. Any purpose for which the powers of taxation over the whole state could have been exercised on June 30, 1983, shall continue to be a purpose for which such powers may be exercised.
(b) Subject to conditions and limitations as may be provided by law, the power of taxation may be exercised to make grants for tax relief purposes to persons for sales tax paid and not otherwise reim-
FRIDAY, SEPTEMBER 11, 1981
255
bursed on prescription drugs. Credits or relief provided hereunder may be limited only to such reasonable classification of taxpayers as may be specified by law.
Paragraph II. Revenue to be paid into general fund, (a) Except as otherwise provided in this Constitution, all revenue collected from taxes, fees, and assessments for state purposes, as authorized by revenue measures enacted by the General Assembly, shall be paid into the general fund of the state treasury.
(b) (1) As authorized by law providing for the promotion of any one or more types of agricultural products, fees, assessments, and other charges collected on the sale or processing of agricultural products need not be paid into the general fund of the state treasury. The uniformity requirement of this article shall be satisfied by the application of the agricultural promotion program upon the affected products.
(2) As used in this subparagraph, "agricultural products" includes, but is not limited to, registered livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forests of this state.
Paragraph III. Grants to counties and municipalities. State funds may be granted to counties and municipalities within the state. The grants authorized by this Paragraph shall be made in such manner and form and subject to the procedures and conditions specified by law. The law providing for any such grant may limit the purposes for which the grant funds may be expended.
SECTION IV.
STATE DEBT
Paragraph I. Purposes for which debt may be incurred. The state may incur:
(a) Public debt without limit to repel invasion, suppress insurrection, and defend the state in time of war.
jb) Public debt to supply a temporary deficit in the state treasury in any fiscal year created by a delay in collecting the taxes of that year. Such debt shall not exceed, in the aggregate, 5 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which such debt is incurred. The debt incurred shall be repaid on or before the last day of the fiscal year in which it is incurred out of taxes levied for that fiscal year. No such debt may be incurred in any fiscal year under the provisions of this subparagraph (b) if there is then outstanding unpaid debt from any previous fiscal year which was incurred to supply a temporary deficit in the state treasury.
256
JOURNAL OF THE SENATE
(c) General obligation debt to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, its agencies, departments, institutions, and of those state authorities which were created and activated prior to November 8, 1960.
(d) General obligation debt to provide educational facilities for county and independent school systems and, when the construction of such educational facilities has been completed, the title to such educational facilities shall be vested in the respective local boards of education for which such facilities were constructed.
(e) Guaranteed revenue debt by guaranteeing the payment of revenue obligations issued by an instrumentality of the state if such revenue obligations are issued to finance:
(1) Toll bridges or toll roads.
(2) Land public transportation facilities or systems.
(3) Water facilities or systems.
(4) Sewage facilities or systems.
(5) Loans to, and loan programs for, citizens of the state for educational purposes.
Paragraph II. State general obligation debt and guaranteed revenue debt; limitations, (a] As used in this Paragraph and Paragraph III of this section, "annual debt service requirements'' means the total principal and interest coming due in any state fiscal year. With regard to any issue of debt incurred wholly or in part on a term basis, "annual debt service requirements" means an amount equal to the total principal and interest payments required to retire such issue in full divided by the number of years from its issue date to its maturity date.
(b) No debt may be incurred under subparagraphs (c), (d), and (e) of Paragraph I of this section or Paragraph V of this section at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current year or any subsequent fiscal year of the state under all contracts then in force to which the provisions of the second paragraph of Article IX, Section VI, Paragraph Ija) of the Constitution of 1976 are applicable, exceed 7 percent of the total revenue receipts, less refunds of the state treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred, except that such debt may be incurred when such debt service and contract payment requirements are more than 7 percent but not more than 10 percent of such total revenue receipts less refunds if approved by two-thirds of the members to which each House of the General Assembly is entitled in a roll-call vote entered on their respective journals. Any such measures requiring such approval shall originate in the House of Representatives, but the Senate may propose or concur in amendments to such measures.
FRIDAY, SEPTEMBER 11, 1981
257
(c) No debt may be incurred under subparagraphs (c) and (d) of Paragraph I of this section at any time when the term of the debt is in excess of 25 years.
(d) No guaranteed revenue debt may be incurred to finance water or sewage treatment facilities or systems when the highest aggregate annual debt service requirements for the then current year or any subsequent fiscal year of the state for outstanding or proposed guaranteed revenue debt for water facilities or systems or sewage facilities or systems exceed 1 percent of the total revenue receipts less refunds, of the state treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred.
(e) The aggregate amount of guaranteed revenue debt incurred to make loans for educational purposes that may be outstanding at any time shall not exceed $18 million, and the aggregate amount of guaranteed revenue debt incurred to purchase, or to lend or deposit against the security of, loans for educational purposes that may be outstanding at any time shall not exceed $72 million.
Paragraph III. State general obligation debt and guaranteed revenue debt; conditions upon issuance; sinking funds and reserve funds. (a| (1| General obligation debt may not be incurred until legislation is enacted stating the purposes, in general or specific terms, for which such issue of debt is to be incurred, specifying the maximum principal amount of such issue and appropriating an amount at least sufficient to pay the highest annual debt service requirements for such issue. All such appropriations for debt service purposes shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred, but the General Assembly may repeal any such appropriation at any time prior to the incurring of such debt. The General Assembly shall raise by taxation and appropriate each fiscal year, in addition to the sum necessary to make all payments required under contracts entitled to the protection of the second paragraph of Paragraph I(a), Section VI, Article IX of the Constitution of 1976, such amounts as are necessary to pay debt service requirements in such fiscal year on all general obligation debt incurred pursuant to this section.
(2) (A) The General Assembly shall appropriate to a special trust fund to be designated ' 'State of Georgia General Obligation Debt Sinking Fund" such amounts as are necessary to pay annual debt service requirements on all general obligation debt incurred under this section. The sinking fund shall be used solely for the retirement of general obligation debt payable from the fund. If for any reason the monies in the sinking fund are insufficient to make, when due, all payments required with respect to such general obligation debt, the first revenues thereafter received in the general fund of the state shall be set aside by the appropriate state fiscal officer to the extent necessary to cure the deficiency and shall be deposited by the fiscal officer into the sinking fund. The appropriate state fiscal officer may be required to set aside and apply such revenues at the suit of any holder of any general obligation debt incurred under this section.
258
JOURNAL OF THE SENATE
(B) The obligation to make sinking fund deposits as provided in subparagraph (2)(A) shall be subordinate to the obligation imposed upon the fiscal officers of the state pursuant to the provisions of the second paragraph of Paragraph I(a) of Section VI of Article IX of the Constitution of 1976.
(b) (1) Guaranteed revenue debt may not be incurred until legislation has been enacted authorizing the guarantee of the specific issue of revenue obligations then proposed, reciting that the General Assembly has determined such obligations will be self-liquidating over the life of the issue (which determination shall be conclusive), specifying the maximum principal amount of such issue and appropriating an amount at least equal to the highest annual debt service requirements for such issue.
(2) (A) Each appropriation made for the purposes of subparagraph (b)(l) shall be paid upon the issuance of said obligations into a special trust fund to be designated "State of Georgia Guaranteed Revenue Debt Common Reserve Fund" to be held together with all other sums similarly appropriated as a common reserve for any payments which may be required by virtue of any guarantee entered into in connection with any issue of guaranteed revenue obligations. No appropriations for the benefit of guaranteed revenue debt shall lapse unless repealed prior to the payment of the appropriation into the common reserve fund.
(B) If any payments are required to be made from the common reserve fund to meet debt service requirements on guaranteed revenue obligations by virtue of an insufficiency of revenues, the amount necessary to cure the deficiency shall be paid from the common reserve fund by the appropriate state fiscal officer. Upon any such payment, the common reserve fund shall be reimbursed from the general funds of the state within ten days following the commencement of any fiscal year of the state for any amounts so paid; provided, however, the obligation to make any such reimbursements shall be subordinate to the obligation imposed upon the fiscal officers of the state pursuant to the second paragraph of Paragraph I(a) of Section VI, Article IX of the Constitution of 1976 and shall also be subordinate to the obligation to make sinking fund deposits for the benefit of general obligation debt. The appropriate state fiscal officer may be required to apply such funds as provided in this subparagraph (b)(2)(B) at the suit of any holder of any such guaranteed revenue obligations.
(C) The amount to the credit of the common reserve fund shall at all times be at least equal to the aggregate highest annual debt service requirements on all outstanding guaranteed revenue obligations entitled to the benefit of the fund. If at the end of any fiscal year of the state the fund is in excess of the required amount, the appropriate state fiscal officer, as designated by law, shall transfer the excess amount to the general funds of the state free of said trust.
(c) The funds in the general obligation debt sinking fund and the guaranteed revenue debt common reserve fund shall be as fully invested as is practicable, consistent with the requirements to make cur-
FRIDAY, SEPTEMBER 11, 1981
259
rent principal and interest payments. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States government, maturing no longer than 12 months from date of purchase.
Paragraph IV. Certain contracts prohibited. The state, and all state institutions, departments and agencies of the state are prohibited from entering into any contract, except contracts pertaining to guaranteed revenue debt, with any public agency, public corporation, authority, or similar entity if such contract is intended to constitute security for bonds or other obligations issued by any such public agency, public corporation, or authority and, in the event any contract between the state, or any state institution, department or agency of the state and any public agency, public corporation, authority or similar entity, or any revenues from any such contract, is pledged or assigned as security for the repayment of bonds or other obligations, then and in either such event, the appropriation or expenditure of any funds of the state for the payment of obligations under any such contract shall likewise be prohibited.
Paragraph V. Refunding of debt. The state may incur general obligation debt or guaranteed revenue debt to fund or refund any such debt or to fund or refund any obligations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I(a), Section VI, Article IX of the Constitution of 1976 are applicable. The issuance of any such debt for the purposes of said funding or refunding shall be subject to the 10 percent limitation in Paragraph Il(b) of this section to the same extent as debt incurred under Paragraph I of this section; provided, however, in making such computation the annual debt service requirements and annual contract payments remaining on the debt or obligations being funded or refunded shall not be taken into account. The issuance of such debt may be accomplished by resolution of the Georgia State Financing and Investment Commission without any action on the part of the General Assembly and any appropriation made or required to be made with respect to the debt or obligation being funded or refunded shall immediately attach and inure to the benefit of the obligations to be issued in connection with such funding or refunding. Debt incurred in connection with any such funding or refunding shall be the same as that originally authorized by the General Assembly, except that general obligation debt may be incurred to fund or refund obligations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I(a|, Section VI, Article IX of the Constitution of 1976 are applicable and the continuing appropriations required to be made under this Constitution shall immediately attach and inure to the benefit of the obligation to be issued in connection with such funding or refunding with the same force and effect as though said obligations so funded or refunded had originally been issued as a general obligation debt authorized hereunder. The term of a funding or refunding issue pursuant to this Paragraph shall not extend beyond the term of the original debt or obligation and the total interest on the funding or refunding issue shall not exceed the total in-
260
JOURNAL OF THE SENATE
terest to be paid on such original debt or obligation. The principal amount of any debt issued in connection with such funding or refunding may exceed the principal amount being funded or refunded to the extent necessary to provide for the payment of any premium thereby incurred.
Paragraph VI. Faith and credit of state pledged debt may be validated. The full faith, credit, and taxing power of the state are hereby pledged to the payment of all public debt incurred under this article and all such debt and the interest on the debt shall be exempt from taxation. Such debt may be validated by judicial proceedings in the manner provided by law. Such validation shall be incontestable and conclusive.
Paragraph VII. Georgia State Financing and Investment Commission; duties. There shall be a Georgia State Financing and Investment Commission. The commission shall consist of the Governor, the President of the Senate, the Speaker of the House of Representatives, the State Auditor, the Attorney General, the director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, and the Commissioner of Agriculture. The commission shall be responsible for the issuance of all public debt and for the proper application, as provided by law, of the proceeds of such debt to the purposes for which it is incurred; provided, however, the proceeds from guaranteed revenue obligations shall be paid to the issuer thereof and such proceeds and the application thereof shall be the responsibility of such issuer. Debt to be incurred at the same time for more than one purpose may be combined in one issue without stating the purpose separately but the proceeds thereof must be allocated, disbursed and used solely in accordance with the original purpose and without exceeding the principal amount authorized for each purpose set forth in the authorization of the General Assembly and to the extent not so used shall be used to purchase and retire public debt. The commission shall be responsible for the investment of all proceeds to be administered by it and, as provided by law, the income earned on any such investments may be used to pay operating expenses of the commission or placed in a common debt retirement fund and used to purchase and retire any public debt, or any bonds or obligations issued by any public agency, public corporation or authority which are secured by a contract to which the provisions of the second paragraph of Paragraph I(a) of Section VI, Article IX of the Constitution of 1976 are applicable. The commission shall have such additional responsibilities, powers, and duties as are provided by law.
Paragraph VIII. State aid forbidden. Except as provided in this Constitution, the credit of the state shall not be pledged or loaned to any individual, company, corporation, or association. The state shall not become a joint owner or stockholder in or with any individual, company, association, or corporation.
Paragraph IX. Construction. Paragraphs I through VIII of this section are for the purpose of providing an effective method of financing the state's needs and their provisions and any law now or hereafter enacted by the General Assembly in furtherance of their provisions
FRIDAY, SEPTEMBER 11, 1981
261
shall be liberally construed to effect such purpose. Insofar as any such provisions or any such law may be inconsistent with any other provisions of this Constitution or of any other law, the provisions of such Paragraphs and laws enacted in furtherance of such Paragraphs shall be controlling; provided, however, the provisions of such Paragraphs shall not be so broadly construed as to cause the same to be unconstitutional and in connection with any such construction such Paragraphs shall be deemed to contain such implied limitations as shall be required to accomplish the foregoing.
Paragraph X. Assumption of debts forbidden; exceptions. The state shall not assume the debt, or any part thereof, of any county, municipality, or other political subdivision of the state, unless such debt be contracted to enable the state to repel invasion, suppress civil disorders or insurrection, or defend itself in time of war.
Paragraph XI. Section not to unlawfully impair contracts or revive obligations previously voided. The provisions of this section shall not be construed so as to:
(a) Unlawfully impair the obligation of any contract in effect on June 30, 1983.
(b) Revive or permit the revival of the obligation of any bond or security declared to be void by the Constitution of 1976 or any previous Constitution of this state.
ARTICLE VIII.
EDUCATION
SECTION I.
PUBLIC EDUCATION
Paragraph I. Public education; free public education prior to college or postsecondary level; support by taxation. The provision of an adequate public education for the citizens shall be a primary obligation of the State of Georgia. Public education for the citizens prior to the college or postsecondary level shall be free and shall be provided for by taxation. The expense of other public education shall be provided for in such manner and in such amount as may be provided by law.
SECTION II.
STATE BOARD OF EDUCATION
Paragraph I. State Board of Education, (a) There shall be a State Board of Education which shall consist of one member from each congressional district in the state and two additional members from the state at large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said board. The ten members in office on June 30, 1983, shall serve out the remainder of
262
JOURNAL OF THE SENATE
their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. On the effective date of this Constitution, the Governor shall appoint two members to the board from the state at large. The terms of office of all members appointed after the effective date of this Constitution shall be for four years. Members shall serve until their successors are appointed and qualified. In the event of a vacancy on the board by death, resignation, removal, or any reason other than expiration of a member's term, the Governor shall fill such vacancy; and the person so appointed shall serve until confirmed by the Senate and, upon confirmation, shall serve for the unexpired term of office.
(b) The State Board of Education shall have such powers and duties as provided by law.
(c) The State Board of Education may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of the state educational system.
(d) The qualifications, compensation, and removal from office of the members of the board of education shall be as provided by law.
SECTION III.
STATE SCHOOL SUPERINTENDENT
Paragraph I. State School Superintendent. There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which such member shall have been appointed.
SECTION IV.
BOARD OF REGENTS
Paragraph I. University System of Georgia; board of regents, (a) There shall be a Board of Regents of the University System of Georgia which shall consist of one member from each congressional district in the state and five additional members from the state at large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said board. The members in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for seven years. Members shall serve until their successors are appointed and qualified. In the event of a vacancy on the board by death, resignation, removal, or any reason other than the expiration of a member's term, the Governor shall fill such vacancy; and the person so appointed shall serve until confirmed by the Senate and, upon confirmation, shall serve for the unexpired term of office.
FRIDAY, SEPTEMBER 11, 1981
263
(b) The board of regents shall have the exclusive authority to create new public colleges, junior colleges, and universities in the State of Georgia, subject to approval by majority vote in the House of Representatives and the Senate. Such vote shall not be required to change the status of a college, institution or university existing on the effective date of this Constitution. The government, control, and management of the University System of Georgia and all of the institutions in said system shall be vested in the Board of Regents of the University System of Georgia.
(c) All appropriations made for the use of any or all institutions in the university system shall be paid to the board of regents in a lump sum, with the power and authority in said board to allocate and distribute the same among the institutions under its control in such way and manner and in such amounts as will further an efficient and economical administration of the university system.
(d) The board of regents may hold, purchase, lease, sell, convey, or otherwise dispose of public property, execute conveyance thereon, and utilize the proceeds arising therefrom; may exercise the power of eminent domain in the manner provided by law; and shall have such other powers and duties as provided by law.
(e) The board of regents may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of the University System of Georgia.
(f) The qualifications, compensation, and removal from office of the members of the board of regents shall be as provided by law.
SECTION V.
LOCAL SCHOOL SYSTEMS
Paragraph I. School systems continued; consolidation of school systems authorized; new independent school systems prohibited. Authority is granted to county and area boards of education to establish and maintain public schools within their limits. Existing county and independent school systems shall be continued, except that the General Assembly may provide by law for the consolidation of two or more county school systems, independent school systems, portions thereof, or any combination thereof into a single county or area school system under the control and management of a county or area board of education, under such terms and conditions as the General Assembly may prescribe; but no such consolidation shall become effective until approved by a majority of the qualified voters voting thereon in each separate school system proposed to be consolidated. No independent school system shall hereafter be established.
Paragraph II. Boards of education. Each school system shall be under the management and control of a board of education, the members of which shall be elected or appointed as provided by law. School board members shall reside within the territory embraced by the school system and shall have such compensation and additional qualifications as may be provided by law.
264
JOURNAL OF THE SENATE
Paragraph III. School superintendents. There shall be a school superintendent of each system who shall be the executive officer of the board of education and shall have such qualifications, powers, and duties as provided by general law.
Paragraph IV. Changes in school boards and superintendent, (a) The composition of school boards, the term of office, and the methods of selecting board members and school superintendents, including whether elections shall be partisan or nonpartisan, shall be as provided by law applicable thereto on June 30, 1983, but may be changed thereafter only by local law, conditioned upon approval by a majority of the qualified voters voting thereon in the system affected.
(b) School systems which are authorized on June 30, 1983, to make the changes listed in subparagraph (a) of this Paragraph by local law without a referendum may continue to do so.
Paragraph V. Power of boards to contract with each other, (a) Any two or more boards of education may contract with each other for the care, education, and transportation of pupils and for such other activities as they may be authorized by law to perform.
(b) The General Assembly may provide by law for the sharing of facilities or services by and between local boards of education under such joint administrative authority as may be authorized.
Paragraph VI. Power of boards to accept bequests, donations, grants, and transfers. The board of education of each school system may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of such system.
Paragraph VII. Special schools, (a) The General Assembly may provide by law for the creation of special schools in such areas as may require them and may provide for the participation of local boards of education in the establishment of such schools under such terms and conditions as it may provide; but no bonded indebtedness may be incurred nor a school tax levied for the support of special schools without the approval of a majority of the qualified voters voting thereon in each of the systems affected. Any special schools shall be operated in conformity with regulations of the State Board of Education pursuant to provisions of law. The state is authorized to expend funds for the support and maintenance of special schools in such amount and manner as may be provided by law.
(b) Nothing contained herein shall be construed to affect the authority of local boards of education or of the state to support and maintain special schools created prior to June 30, 1983.
SECTION VI.
LOCAL TAXATION FOR EDUCATION
Paragraph I. Local taxation for education, (a) The board of education of each school system shall annually certify to its fiscal authority or authorities a school tax not greater than 20 mills per dollar for the
FRIDAY, SEPTEMBER 11, 1981
265
support and maintenance of education. Said fiscal authority or authorities shall annually levy said tax upon the assessed value of all taxable property within the territory served by said school system, provided that the levy made by an area board of education, which levy shall not be greater than 20 mills per dollar, shall be in such amount and within such limits as may be prescribed by local law applicable thereto.
jb) School tax funds shall be expended only for the support and maintenance of public schools, public vocational-technical schools, public education, and activities necessary or incidental thereto, including school lunch purposes. Provided, however, said board of education may agree by local resolution to pay to its fiscal authority or authorities up to two per cent of the taxes collected for the cost of collecting the same as provided by law.
(c| The 20 mill limitation provided for in subparagraph (a) of this Paragraph shall not apply to those school systems which are authorized on June 30, 1983, to levy a school tax in excess thereof.
(d) The method of certification and levy of the school tax provided for in subparagraph (a) of this Paragraph shall not apply to those systems that are authorized on June 30, 1983, to utilize a different method of certification and levy of such tax; but the General Assembly may by law require that such systems be brought into conformity with the method of certification and levy herein provided.
Paragraph II. Increasing or removing tax rate. The mill limitation in effect on June 30, 1983, for any school system may be increased or removed by action of the respective boards of education, but only after such action has been approved by a majority of the qualified voters voting thereon in the particular school system to be affected in the manner provided by law.
SECTION VII.
EDUCATIONAL ASSISTANCE
Paragraph I. Educational assistance programs authorized, (a) Pursuant to laws now or hereafter enacted by the General Assembly, public funds may be expended for any of the following purposes:
(1) To provide grants, scholarships, loans, or other assistance to students and to parents of students for educational purposes.
(2) To provide for a program of guaranteed loans to students and to parents of students for educational purposes and to pay interest, interest subsidies, and fees to lenders on such loans. The General Assembly is authorized to provide such tax exemptions to lenders as shall be deemed advisable in connection with such program.
(3) To match funds now or hereafter available for student assistance pursuant to any federal law.
266
JOURNAL OF THE SENATE
(4) To provide grants, scholarships, loans, or other assistance to public employees for educational purposes.
(b) Contributions made in support of any educational assistance program now or hereafter established under provisions of this section may be deductible for state income tax purposes as now or hereafter provided by law.
Paragraph II. Guaranteed revenue debt. Guaranteed revenue debt may be incurred to provide funds to make loans to students and to parents of students for educational purposes, to purchase loans made to students and to parents of students for educational purposes, or to lend or make deposits of such funds with lenders which shall be secured by loans made to students and to parents of students for educational purposes. Any such debt shall be incurred in accordance with the procedures and requirements of Article VII, Section IV of this Constitution.
Paragraph III. Public authorities. Public authorities or public corporations heretofore or hereafter created for such purposes shall be authorized to administer educational assistance programs and, in connection therewith, may exercise such powers as may now or hereafter be provided by law.
Paragraph IV. Waiver of tuition. The Board of Regents of the University System of Georgia shall be authorized to establish programs allowing attendance at units of the University System of Georgia without payment of tuition or other fees, but the General Assembly may provide by law for the establishment of any such program for the benefit of elderly citizens of the state.
ARTICLE IX.
COUNTIES AND MUNICIPAL CORPORATIONS
SECTION I.
COUNTIES
Paragraph I. Counties a body corporate and politic. Each county shall be a body corporate and politic with such governing authority and with such powers and limitations as are provided in this Constitution and as provided by law. The governing authorities of the several counties shall remain as prescribed by law on June 30, 1983, until otherwise provided by law.
Paragraph II. Number of counties limited; county boundaries and county sites; county consolidation, (a) There shall not be more than 159 counties in this state.
(b) The metes and bounds of the several counties and the county sites shall remain as prescribed by law on June 30, 1983, unless changed under the operation of a general law.
FRIDAY, SEPTEMBER 11, 1981
267
(c) The General Assembly may provide by law for the consolidation of two or more counties into one or the division of a county and the merger of portions thereof into other counties under such terms and conditions as it may prescribe; but no such consolidation, division, or merger shall become effective unless approved by a majority of the qualifed voters voting thereon in each of the counties proposed to be consolidated, divided, or merged.
Paragraph III. County officers; election; term; compensation, (a) The clerk of the superior court, judge of the probate court, sheriff, taxreceiver, tax collector, and tax commissioner, where such office has replaced the tax receiver and tax collector, shall be elected by the qualified voters of their respective counties for terms of four years and shall have such qualifications, powers, and duties as provided by general law.
(b) County officers listed in subparagraph (a) of this Paragraph may be on a fee basis, salary basis, or fee basis supplemented by salary, in such manner as may be directed by law. Minimum compensation for said county officers may be established by the General Assembly by general law. Such minimum compensation may be supplemented by local law or, if such authority is delegated by local law, by action of the county governing authority.
(c) The General Assembly may consolidate the offices of tax receiver and tax collector into the office of tax commissioner.
Paragraph IV. Civil service systems. The General Assembly may by general law authorize the establishment by county governing authorities of civil service systems covering county employees or covering county employees and employees of the elected county officers.
SECTION II.
HOME RULE FOR COUNTIES AND MUNICIPALITIES
Paragraph I. Home rule for counties, (a) The governing authority of each county shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which is not inconsistent with this Constitution or any local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in subparagraph (b). This, however, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit, or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify, or supersede any action taken by a county governing authority under this section except as authorized under subparagraph (c) hereof.
(b) Except as provided in subparagraph (c), a county may, as an incident of its home rule power, amend or repeal the local acts applicable to its governing authority by following either of the procedures hereinafter set forth:
268
JOURNAL OF THE SENATE
(1) Such local acts may be amended or repealed by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than 60 days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official county organ once a week for three weeks within a period of 60 days immediately preceding its final adoption. Such notice shall state that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for the purpose of examination and inspection by the public. The clerk of the superior court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. No amendment or repeal hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in (2) of this subparagraph or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such county unless at least 12 months have elapsed after such referendum. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.
(2) Amendments to or repeals of such local acts or ordinances, resolutions, or regulations adopted pursuant to subparagraph (a) hereof may be initiated by a petition filed with the judge of the probate court of the county containing, in cases of counties with a population of 5,000 or less, the signatures of at least 25 percent of the electors registered to vote in the last general election; in cases of counties with a population of more than 5,000 but not more than 50,000 at least 20 percent of the electors registered to vote in the last general election; and, in cases of a county with a population of more than 50,000, at least 10 percent of the electors registered to vote in the last general election, which petition shall specifically set forth the exact language of the proposed amendment or repeal. The judge of the probate court shall determine the validity of such petition within 60 days of its being filed with the judge of the probate court. In the event the judge of the probate court determines that such petition is valid, it shall be his duty to issue the call for an election for the purpose of submitting such amendment or repeal to the registered electors of the county for their approval or rejection. Such call shall be issued not less than ten nor more than 60 days after the date of the filing of the petition. He shall set the date of such election for a day not less than 60 nor more than 90 days after the date of such filing. The judge of the probate court shall cause a notice of the date of said election to be published in the official organ of the county once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the judge of the probate court of the county for the purpose of examination and inspection by the public. The judge of the probate court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. If more than one-half of the votes cast on such question are for approval of the amendment or repeal, it shall become of full force and effect; otherwise, it shall be void and of no force and effect. The expense of such election shall be borne by the county, and it shall be the duty of the judge of the probate court to hold and conduct such election. Such election shall be
FRIDAY, SEPTEMBER 11, 1981
269
held under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the judge of the probate court to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State in accordance with the provisions of subparagraph (g) of this Paragraph. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.
In the event that the judge of the probate court determines that such petition was not valid, he shall cause to be published in explicit detail the reasons why such petition is not valid; provided, however, that, in any proceeding in which the validity of the petition is at issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county in the week immediately following the date on which such petition is declared to be not valid.
|c) The power granted to counties in subparagraphs (a) and (b) above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution:
(1) Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the county governing authority.
(2) Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation of the county governing authority.
(3) Action defining any criminal offense or providing for criminal punishment.
(4) Action adopting any form of taxation beyond that authorized by law or by this Constitution.
(5| Action extending the power of regulation over any business activity regulated by the Georgia Public Service Commission beyond that authorized by local or general law or by this Constitution.
(6) Action affecting the exercise of the power of eminent domain.
(7) Action affecting any court or the personnel thereof.
(8) Action affecting any public school system.
(d) The power granted in subparagraphs (a) and (b) of this Paragraph shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power.
270
JOURNAL OF THE SENATE
(e) Nothing in subparagraphs (a), (b), (c), or (d| shall affect the provisions of subparagraph |f) of this Paragraph.
(f) The governing authority of each county is authorized to fix the salary, compensation, and expenses of those employed by such governing authority and to establish and maintain retirement or pension systems, insurance, workers' compensation, and hospitalization benefits for said employees.
(g) No amendment or revision of any local act made pursuant to subparagraph (b) of this section shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in said subparagraph has been filed with the Secretary of State. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually.
Paragraph II. Home rule for municipalities. The General Assembly may provide by law for the self-government of municipalities and to that end is expressly given the authority to delegate its power so that matters pertaining to municipalities may be dealt with without the necessity of action by the General Assembly.
Paragraph III. Supplementary powers, (a) In addition to and supplementary of all powers possessed by or conferred upon any county, municipality, or any combination thereof, any county, municipality, or any combination thereof may exercise the following powers and provide the following services:
(1) Police and fire protection.
(2) Garbage and solid waste collection and disposal.
(3) Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control.
(4) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof.
(5) Parks, recreational areas, programs, and facilities.
(6) Storm water and sewage collection and disposal systems.
(7) Development, storage, treatment, purification, and distribution of water.
(8) Public housing.
(9) Public transportation.
(10] Libraries, archives, and arts and sciences programs and facilities.
FRIDAY, SEPTEMBER 11, 1981
271
(11) Terminal and dock facilities and parking facilities.
(12) Codes, including building, housing, plumbing, and electrical codes.
(13) Air quality control.
(14) The power to maintain and modify heretofore existing retirement or pension systems, including such systems heretofore created by general laws of local application by population classification, and to continue in effect or modify other benefits heretofore provided as a part of or in addition to such retirement or pension systems and the power to create and maintain retirement or pension systems for any elected or appointed public officers and employees whose compensation is paid in whole or in part from county or municipal funds and for the beneficiaries of such officers and employees.
(b) Unless otherwise provided by law,
(1) No county may exercise any of the powers listed in subparagraph (a) of this Paragraph or provide any service listed therein inside the boundaries of any municipality or any other county except by contract with the municipality or county affected; and
(2) No municipality may exercise any of the powers listed in subparagraph (a) of this Paragraph or provide any service listed therein outside its own boundaries except by contract with the county or municipality affected.
(c) Nothing contained within this Paragraph shall operate to prohibit the General Assembly from enacting general laws relative to the subject matters listed in subparagraph (a) of this Paragraph or to prohibit the General Assembly by general law from regulating, restricting, or limiting the exercise of the powers listed therein; but it may not withdraw any such powers.
(d) Except as otherwise provided in subparagraph (b) of this Paragraph, the General Assembly shall act upon the subject matters listed in subparagraph (a) of this Paragraph only by general law.
Paragraph IV. Planning and zoning. The governing authority of each county and of each municipality, exclusively, may adopt plans and may exercise the power of zoning. This authorization shall not prohibit the General Assembly from enacting general laws establishing procedures for the exercise of such power.
Paragraph V. Eminent domain. The governing authority of each county and of each municipality may exercise the power of eminent domain for any public purpose.
Paragraph VI. Special districts. As hereinafter provided in this Paragraph, special districts may be created for the provision of local government services within such districts; and fees, assessments, and taxes may be levied and collected within such districts to pay, wholly or partially, the cost of providing such services therein and to con-
272
JOURNAL OF THE SENATE
struct and maintain facilities therefor. Such special districts may be created and fees, assessments, or taxes may be levied and collected therein by any one or more of the following methods:
(a) By general law which directly creates the districts.
jb) By general law which requires the creation of districts under conditions specified by such general law.
(c) By municipal or county ordinance or resolution, except that no such ordinance or resolution may supersede a law enacted by the General Assembly pursuant to subparagraphs (a) or (b) of this Paragraph.
Paragraph VII. Community redevelopment, (a) The General Assembly may authorize any county, municipality, or housing authority to undertake and carry out community redevelopment, which may include the sale or other disposition of property acquired by eminent domain to private enterprise for private uses.
(b) In addition to the authority granted by subparagraph (a) of this Paragraph, the General Assembly is authorized to grant to counties or municipalities for redevelopment purposes and in connection with redevelopment programs, as such purposes and programs are defined by general law, the power to issue tax allocation bonds, as defined by such law, and the power to incur other obligations, without either such bonds or obligations constituting debt within the meaning of Section V of this article, and the power to enter into contracts for any period not exceeding 30 years with private persons, firms, corporations, and business entities. Notwithstanding the grant of these powers pursuant to general law, no county or municipality may exercise these powers unless so authorized by local law and unless such powers are exercised in conformity with those terms and conditions for such exercise as established by that local law. The provisions of any such local law shall conform to those requirements established by general law regarding such powers. No such local law, or any amendment thereto, shall become effective unless approved in a referendum by a majority of the qualified voters of the county or municipality directly affected by that local law.
Paragraph VIII. Limitation on the taxing power and contributions of counties, municipalities, and political subdivisions. The General Assembly shall not authorize any county, municipality, or other political subdivision of this state, through taxation, contribution, or otherwise, to appropriate money for or to lend its credit to any person or to any nonpublic corporation or association except for purely charitable purposes.
Paragraph IX. Immunity of counties, municipalities and school districts. Counties, municipalities and school districts shall enjoy the same immunity from suit as the state, except as is now or hereafter provided bylaw.
FRIDAY, SEPTEMBER 11, 1981
273
SECTION III.
INTERGOVERNMENTAL RELATIONS
Paragraph I. Intergovernmental contracts. (a| The state, or any institution, department, or other agency thereof, and any county, municipality, or other political subdivision of the state may contract for any period not exceeding 50 years with each other or with any other public agency, public corporation, or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment; but such contracts must deal with activities or services which the contracting parties are authorized by law to undertake or provide. This authorization shall not prohibit the General Assembly from enacting general laws relative to such contracts.
(b) Subject to such limitations as may be provided by general law, any county, municipality, or combination thereof may, in connection with any contracts authorized in this Paragraph, convey any existing facilities or equipment to the state or to any public agency, public corporation, or public authority and may obligate itself to pay for the cost of acquisition, construction, modernization, or repairs of necessary buildings and facilities of any hospital authority.
Paragraph II. Local government reorganization, (a) The General Assembly may provide by law for any matters necessary or convenient to authorize the consolidation of the governmental and corporate powers and functions vested in municipalities with the governmental and corporate powers and functions vested in a county or counties in which such municipalities are located; provided, however, that no such consolidation shall become effective unless separately approved by a majority of the qualified voters of the county or counties and of the municipality or municipalities located within such county or counties containing at least 10 percent of the population.of the county in which located voting in such manner as may be prescribed in such law. Such law may provide procedures and requirements for the establishment of charter commissions to draft proposed charters for the consolidated government, and the General Assembly is expressly authorized to delegate its power to such charter commissions for such purposes so that the governmental consolidation proposed by a charter commission may become effective without the necessity of further action by the General Assembly; or such law may require that the recommendation of any such charter commission be implemented by a subsequent local law.
(b) The General Assembly may provide by general law for alternatives other than governmental consolidation as authorized in subparagraph (a) above for the reorganization of county and municipal governments, including, but not limited to, procedures to establish a single governing body as the governing authority of a county and a municipality or municipalities located within such county or for the redistribution of powers between a county and a municipality or municipalities located within the county. Such law may require the form of governmental reorganization authorized by such law to be ap-
274
JOURNAL OF THE SENATE
proved by the qualified voters directly affected thereby voting in such manner as may be required in such law.
(c) Nothing in this Paragraph shall be construed to limit the authority of the General Assembly to repeal municipal charters without a referendum.
SECTION IV.
TAXATION POWER OF COUNTY AND MUNICIPAL GOVERNMENTS
Paragraph I. Power of taxation, (a) Except as otherwise provided in this Paragraph, the governing authority of any county, municipality, or combination thereof may exercise the power of taxation as authorized by this Constitution or by general law.
(b) In the absence of a general law:
(1) County governing authorities may be authorized by local law to levy and collect business and occupational license taxes and license fees only in the unincorporated areas of the counties. The General Assembly may provide that the revenues raised by such tax or fee be spent for the provision of services only in the unincorporated areas of the county.
(2) Municipal governing authorities may be authorized by local law to levy and collect taxes and fees in the corporate limits of the municipalities.
(c) The General Assembly may provide by law for the taxation of insurance companies on the basis of gross direct premiums received from insurance policies within the unincorporated areas of counties. The tax authorized herein may be imposed by the state or by counties or by the state for county purposes as may be provided by law. The General Assembly may further provide by law for the reduction, only upon taxable property within the unincorporated areas of counties, of the ad valorem tax millage rate for county or county school district purposes or for the reduction of such ad valorem tax millage rate for both such purposes in connection with imposing or authorizing the imposition of the tax authorized herein or in connection with providing for the distribution of the proceeds derived from the tax authorized herein.
Paragraph II. Power of expenditure. The governing authority of any county, municipality, or combination thereof may expend public funds to perform any public service or public function as authorized by this Constitution or by law or to perform any other service or function as authorized by this Constitution or by general law.
Paragraph III. Purposes of taxation; allocation of taxes. No levy need state the particular purposes for which the same was made nor shall any taxes collected be allocated for any particular purpose, unless otherwise provided by this Constitution or by law.
FRIDAY, SEPTEMBER 11, 1981
275
SECTION V.
LIMITATION ON LOCAL DEBT
Paragraph I. Debt limitations of counties, municipalities, and other political subdivisions, (a) The debt incurred by any county, municipality, or other political subdivision of this state shall never exceed 10 percent of the assessed value of all taxable property therein; and no such county, municipality, or other political subdivision shall incur any new debt without the assent of a majority of the qualified voters of such subdivision voting in an election held for that purpose as provided by law.
(b) Notwithstanding subparagraph (a) of this Paragraph, all local school systems which are authorized by law on June 30, 1983, to incur debt in excess of 10 percent of the assessed value of all taxable property therein shall continue to be authorized to incur such debt.
Paragraph II. Special district debt. Within the debt limitations as to amount provided for in Paragraph I of this section, any county, municipality, or combination thereof may incur debt on behalf of any special district created pursuant to Paragraph VI of Section II of this article. Such debt may be incurred on behalf of such special district where the county, municipality, or political subdivision shall have, at or before the time of incurring bonded indebtedness, provided for the assessment and collection of an annual tax within the special district sufficient in amount to pay the principal and interest of said debt within 30 years from the incurrence thereof; and no such county, municipality, or other political subdivision shall incur any debt on behalf of such special district without the assent of a majority of the qualified voters of such district voting in an election held for that purpose as provided by law. The proceeds of the tax collected as provided herein shall be placed in a sinking fund which shall be a trust fund to be used exclusively for the purpose of retiring such debt or acquiring or redeeming the obligations representing such debt. Such moneys shall be held and kept separate and apart from all other revenues collected and may be invested and reinvested as provided by law.
Paragraph III. Refunding of outstanding indebtedness. The governing authority of any county, municipality, or other political subdivision of this state may provide for the refunding of outstanding bonded indebtedness without the necessity of a referendum being held therefor, provided that neither the term of the original debt is extended nor the interest rate of the original debt is increased. The principal amount of any debt issued in connection with such refunding may exceed the principal amount being refunded in order to reduce the total principal and interest payment requirements over the remaining term of the original issue. The proceeds of the refunding issue shall be used solely to retire the original debt. The original debt refunded shall not constitute debt within the meaning of Paragraph I of this section.
Paragraph IV. Exceptions to debt limitations. Notwithstanding the debt limitations provided in Paragraph I of this section and without the necessity for a referendum being held therefor, the governing
276
JOURNAL OF THE SENATE
authority of any county, municipality, or other political subdivision of this state may, subject to the conditions and limitations as may be provided by general law:
(1) Accept and use funds granted by and obtain loans from the federal government or any agency thereof pursuant to conditions imposed by federal law.
(2) Incur debt, by way of borrowing from any person, corporation, or association as well as from the state, to pay in whole or in part the cost of property valuation and equalization programs for ad valorem tax purposes.
Paragraph V. Temporary loans authorized. The governing authority of any county, municipality, or other political subdivision of this state may incur debt by obtaining temporary loans in each year to pay expenses. The aggregate amount of all such loans shall not exceed 75 percent of the total gross income from taxes collected in the last preceeding year. Such loans shall be payable on or before December 31 of the calendar year in which such loan is made. No such loan may be obtained when there is a loan then unpaid obtained in any prior year. No such county, municipality, or other political subdivision of this state shall incur in any one calendar year an aggregate of such temporary loans or other contracts, notes, warrants, or obligations for current expenses in excess of the total anticipated revenue for such calendar year.
Paragraph VI. Levy of taxes to pay bonds; sinking fund required. Any county, municipality, or other political subdivision of this state shall at or before the time of incurring bonded indebtedness provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt within 30 years from the incurring of such bonded indebtedness. The proceeds of this tax, together with any other funds collected for this purpose or for the purpose of retiring, redeeming, or acquiring such bonded indebtedness, shall be placed in a sinking fund which shall be a trust fund to be used exclusively for such purposes. Such moneys shall be held and kept separate and apart from all other revenues collected and may be invested and reinvested as provided by law.
Paragraph VII. Validity of prior bond issues. Any and all bond issues validated and issued prior to June 30, 1983, shall continue to be valid.
SECTION VI.
REVENUE BONDS
Paragraph I. Revenue bonds; general limitations. Any county, municipality, or other political subdivision of this state or public authority may issue revenue bonds as provided by general law. The debt represented by revenue bonds shall be repayable only out of the revenue derived from the project and shall not be deemed to be a debt of the issuing political subdivision. No such issuing political subdivision shall exercise the power of taxation for the purpose of paying any part of the principal or interest of any such revenue bonds.
FRIDAY, SEPTEMBER 11, 1981
277
Paragraph II. Revenue bonds; special limitations. Any county, municipality, or other political subdivision of this state may issue revenue bonds in order to buy, construct, extend, operate, or maintain gas or electric generating or distribution systems and all necessary appurtenances thereof but only after a majority vote at an election held for that purpose in the same manner as if incurring debt. Where such revenue bonds are issued for this purpose and the gas or electric generating or distribution system extends beyond the limits of the county in which the municipality or other political subdivision is located, then its services rendered and property located outside said county shall be subject to taxation and regulation in the same manner as are privately owned and operated utilities.
Paragraph III. Development authorities. The development of trade, commerce, industry, and employment opportunities being a public purpose vital to the welfare of the people of this state, the General Assembly may create development authorities to promote and further such purposes or may authorize the creation of such an authority by any county or municipality or combination thereof under such uniform terms and conditions as it may deem necessary. The General Assembly may exempt from taxation development authority obligations, properties, activities, or income and may authorize the issuance of revenue bonds by such authorities which shall not constitute an indebtedness of the state within the meaning of Section V of this article.
Paragraph IV. Validation. The General Assembly shall provide for the validation of any revenue bonds authorized and shall provide that such validation shall thereafter be incontestable and conclusive.
Paragraph V. Validity of prior revenue bond issues. All revenue bonds issued and validated prior to June 30, 1983, shall continue to be valid.
ARTICLE X.
AMENDMENTS TO THE CONSTITUTION
SECTION I.
CONSTITUTION, HOW AMENDED
Paragraph I. Proposals to amend the Constitution; new Constitution. Amendments to this Constitution or a new Constitution may be proposed by the General Assembly or by a constitutional convention, as provided in this article. Only amendments which are of general and uniform applicability throughout the state shall be proposed, passed, or submitted to the people.
Paragraph II. Proposals by the General Assembly; submission to the people. A proposal by the General Assembly to amend this Constitution or to provide for a new Constitution shall originate as a resolution in either the Senate or the House of Representatives and, if approved by two-thirds of the members to which each house is entitled in a roll-call vote entered on their respective journals, shall be sub-
278
JOURNAL OF THE SENATE
mitted to the electors of the entire state at the next general election which is held in the even- numbered years. A summary of such proposal shall be prepared by the Attorney General, the Legislative Counsel, and the Secretary of State and shall be published in the official organ of each county and, if deemed advisable by the "Constitutional Amendments Publication Board," in not more than 20 other newspapers in the state designated by such board which meet the qualifications for being selected as the official organ of a county. Said board shall be composed of the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. Such summary shall be published once each week for three consecutive weeks immediately preceding the day of the general election at which such proposal is to be submitted. The language to be used in submitting a proposed amendment or a new Constitution shall be in such words as the General Assembly may provide in the resolution or, in the absence thereof, in such language as the Governor may prescribe. A copy of the entire proposed amendment or of a new Constitution shall be filed in the office of the judge of the probate court of each county and shall be available for public inspection; and the summary of the proposal shall so indicate. The General Assembly is hereby authorized to provide by law for additional matters relative to the publication and distribution of proposed amendments and summaries not in conflict with the provisions of this Paragraph.
If such proposal is ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such general election, such proposal shall become a part of this Constitution or shall become a new Constitution, as the case may be. Any proposal so approved shall take effect as provided in Paragraph VI of this article. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately, provided that one or more new articles or related changes in one or more articles may be submitted as a single amendment.
Paragraph III. Repeal or amendment of proposal. Any proposal by the General Assembly to amend this Constitution or for a new Constitution may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative vote of two-thirds of the members to which each house is entitled in a roll-call vote entered on their respective journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted to the people.
Paragraph IV. Constitutional convention; how called. No convention of the people shall be called by the General Assembly to amend this Constitution or to propose a new Constitution, unless by concurrence of two-thirds of the members to which each house of the General Assembly is entitled. The representation in said convention shall be based on population as near as practicable. A proposal by the convention to amend this Constitution or for a new Constitution shall be advertised, submitted to, and ratified by the people in the same manner provided for advertisement, submission, and ratification of proposals to amend the Constitution by the General Assembly. The General Assembly is hereby authorized to provide the procedure by
FRIDAY, SEPTEMBER 11, 1981
279
which a convention is to be called and under which such convention shall operate and for other matters relative to such constitutional convention.
Paragraph V. Veto not permitted. The Governor shall not have the right to veto any proposal by the General Assembly or by a convention to amend this Constitution or to provide a new Constitution.
Paragraph VI. Effective date of amendments or of a new Constitution. Unless the amendment or the new Constitution itself or the resolution proposing the amendment or the new Constitution shall provide otherwise, an amendment to this Constitution or a new Constitution shall become effective on the first day of January following its ratification.
ARTICLE XI.
MISCELLANEOUS PROVISIONS
SECTION I.
MISCELLANEOUS PROVISIONS
Paragraph I. Continuation of officers, boards, commissions, and authorities, (a) Except as otherwise provided in this Constitution, the officers of the state and all political subdivisions thereof in office on June 30, 1983, shall continue in the exercise of their functions and duties, subject to the provisions of laws applicable thereto and subject to the provisions of this Constitution.
(b) All boards, commissions, and authorities specifically named in the Constitution of 1976 which are not specifically named in this Constitution shall remain as statutory boards, commissions, and authorities; and all constitutional and statutory provisions relating thereto in force and effect on June 30, 1983, shall remain in force and effect as statutory law unless and until changed by the General Assembly.
Paragraph II. Preservation of existing laws; judicial review. All laws in force and effect on June 30, 1983, not inconsistent with this Constitution shall remain in force and effect; but such laws may be amended or repealed and shall be subject to judicial decision as to their validity when passed and to any limitations imposed by their own terms.
Paragraph III. Proceedings of courts and administrative tribunals confirmed. All judgments, decrees, orders, and other proceedings of the several courts and administrative tribunals of this state, heretofore made within the limits of their several jurisdictions, are hereby ratified and affirmed, subject only to reversal or modification in the manner provided by law.
Paragraph IV. Continuation of certain constitutional amendments for a period of four years, (a) The following amendments to the Constitutions of 1877, 1945, and 1976 shall continue in force and effect as
280
JOURNAL OF THE SENATE
part of this Constitution until July 1, 1987, at which time said amendments and laws enacted in pursuance thereof shall be repealed and said amendments shall be deleted as a part of this Constitution, unless any such amendment shall be specifically continued in force and effect without amendment pursuant to the provisions of a local law enacted prior to July 1, 1987, with or without a referendum as provided by law: (1| amendments to the Constitution of 1877 and the Constitution of 1945 which were continued in force and effect as a part of the Constitution of 1976 pursuant to the provisions of Article XIII, Section I, Paragraph II of the Constitution of 1976 which are in force and effect on the effective date of this Constitution; (2) amendments to the Constitution of 1976 which were ratified as general amendments but which by their terms applied principally to a particular political subdivision or subdivisions which are in force and effect on the effective date of this Constitution; (3| amendments to the Constitution of 1976 which were ratified not as general amendments which are in force and effect on the effective date of this Constitution; and (4| amendments to the Constitution of 1976 of the type provided for in the immediately preceding two subparagraphs (2| and (3) of this Paragraph which were ratified at the same time this Constitution was ratified.
(b) Any amendment which is continued in force and effect after July 1, 1987, by a law enacted pursuant to the provisions of subparagraph (a) of this Paragraph and any law, as it existed on July 1,1987, validly enacted pursuant to the specific authorization of any such amendment shall be legal, valid, and constitutional under this Constitution. Any law enacted pursuant to the provisions of subparagraph (a) of this Paragraph may thereafter be repealed but may not be amended.
|c) Notwithstanding the provisions of subparagraphs (a) and (b| the following amendments to the Constitutions of 1877 and 1945 shall be continued in force as a part of this Constitution: amendments to the Constitution of 1877 and the Constitution of 1945 which created port authorities and industrial areas and which were continued in force as a part of the Constitution of 1976 pursuant to the provisions of Article XIII, Section I, Paragraph II of the Constitution of 1976 and which are in force on the effective date of this Constitution.
Paragraph V. Special commission created. Amendments to the Constitution of 1976 which were determined to be general and which were submitted to and ratified by the people of the entire state at the same time this Constitution was ratified shall be incorporated and made a part of this Constitution as provided in this Paragraph. There is hereby created a commission to be composed of the Governor, the President of the Senate, the Speaker of the House of Representatives, the Attorney General, and the Legislative Counsel, which is hereby authorized and directed to incorporate such amendments into this Constitution at the places deemed most appropriate to the commission. The commission shall make only such changes in the language of this Constitution and of such amendments as are necessary to incorporate properly such amendments into this Constitution and shall complete its duties prior to July 1, 1983. The commission shall deliver to the Secretary of State this Constitution with those amendments in-
FRIDAY, SEPTEMBER 11, 1981
281
corporated therein, and such document shall be the Constitution of the State of Georgia. In order that the commission may perform its duties, this Paragraph shall become effective as soon as it has been officially determined that this Constitution has been ratified. The commission shall stand abolished upon the completion of its duties.
Paragraph VI. Effective date. Except as provided in Paragraph V of this section, this Constitution shall become effective on July 1, 1983; and, except as otherwise provided in this Constitution, all previous Constitutions and all amendments thereto shall thereupon stand repealed.
Section 2. The above proposed new Constitution of Georgia shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed new Constitution shall have written or printed thereon the following:
"[ ] YES Shall the proposed new Constitution be ratified as the [ ] NO Constitution of the State of Georgia?"
All persons desiring to vote in favor of ratifying the new Constitution shall vote "Yes." All persons desiring to vote against ratifying the new Constitution shall vote "No."
If such proposed new Constitution shall be ratified as provided in said Paragraph of the Constitition, it shall become the Constitution of the State of Georgia.
The Senate Committee on Constitutional Revision offered the following substitute to HR 4 EX:
A RESOLUTION
Proposing a new Constitution for the State of Georgia 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 following shall be the Constitution of the State of Georgia:
282
JOURNAL OF THE SENATE
CONSTITUTION
OF THE
STATE OF GEORGIA
PREAMBLE
To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, we the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.
ARTICLE I.
BILL OF RIGHTS
SECTION I.
RIGHTS OF PERSONS
Paragraph I. Life, liberty, and property. No person shall be deprived of life, liberty, or property except by due process of law.
Paragraph II. 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 or interfere with such right of conscience.
Paragraph III. Religious opinions; freedom of religion. No inhabitant of this state shall be molested in person or property or be prohibited from holding any public office or trust on account of religious opinions; but the right of freedom of religion shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state.
Paragraph IV. Freedom of speech and of the press guaranteed. No law shall be passed to curtail or restrain the freedom of speech or of the press. Every person may speak, write, and publish sentiments on all subjects but shall be responsible for the abuse of that liberty.
Paragraph V. Libel. In all civil or criminal actions for libel, the truth may be given in evidence; and, if it shall appear to the trier of fact that the matter charged as libelous is true, the party shall be discharged.
Paragraph VI. Citizens, protection of. All citizens of the United States, resident in this state, are hereby declared citizens of this state; and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges, and immunities due to such citizenship.
FRIDAY, SEPTEMBER 11, 1981
283
Paragraphy VII. Arms, right to keep and bear. The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.
Paragraph VIII. 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 or government for redress of grievances.
Paragraph IX. Bill of attainder; ex post facto laws; and retroactive laws. No bill of attainder, ex post facto law, retroactive law, or laws impairing the obligation of contract or making irrevocable grant of special privileges or immunities shall be passed.
Paragraph X. Right to trial by jury; number of jurors; selection and compensation of jurors, (a) The right to trial by jury shall remain inviolate, except that the court shall render judgment without the verdict of a jury in all civil cases where no issuable defense is filed and where a jury is not demanded in writing by either party. In criminal cases, the defendant shall have a public and speedy trial by an impartial jury; and the jury shall 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 six, to constitute a trial jury in courts of limited jurisdiction and in superior courts in misdemeanor cases.
(c) The General Assembly shall provide by law for the selection and compensation of persons to serve as grand jurors and trial jurors.
Paragraph XI. Right to the courts. No person shall 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 XII. Searches, seizures, and warrants. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue except upon probable cause supported by oath or affirmation particularly describing the place or places to be searched and the persons or things to be seized.
Paragraph XIII. Benefit of counsel; accusation; list of witnesses; compulsory process. Every person charged with an offense against the laws of this state shall have the privilege and benefit of counsel; shall be furnished with a copy of the accusation or indictment and, on demand, with a list of the witnesses on whose testimony such charge is founded; shall have compulsory process to obtain the testimony of that person's own witnesses; and shall be confronted with the witnesses testifying against such person.
Paragraph XIV. Habeas corpus. The writ of habeas corpus shall not be suspended unless, in case of rebellion or invasion, the public safety may require it.
284
JOURNAL OF THE SENATE
Paragraph XV. Self-incrimination. No person shall be compelled to give testimony tending in any manner to be self-incriminating.
Paragraph XVI. Bail; fines; punishment; arrest, abuse of prisoners. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison.
Paragraph XVII. Jeopardy of life or liberty more than once forbidden. No person shall be put in jeopardy of life or liberty more than once for the same offense except when a new trial has been granted after conviction or in case of mistrial.
Paragraph XVIII. Treason. Treason against the State of Georgia shall consist of insurrection against the state, adhering to the state's enemies, or giving them aid and comfort. No person shall be convicted of treason except on the testimony of two witnesses to the same overt act or confession in open court.
Paragraph XIX. Conviction, effect of. No conviction shall work corruption of blood or forfeiture of estate.
Paragraph XX. Banishment and whipping as punishment for crime. Neither banishment beyond the limits of the state nor whipping shall be allowed as a punishment for crime.
Paragraph XXI. Involuntary servitude. There shall 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. Imprisonment for debt. There shall be no imprisonment for debt.
Paragraph XXIII. Costs. No person shall be compelled to pay costs in any criminal case except after conviction on final trial.
Paragraph XXIV. Status of the citizen. The social status of a citizen shall never be the subject of legislation.
Paragraph XXV. Exemptions from levy and sale. The General Assembly shall 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 shall have authority to define to whom any such additional exemptions shall be allowed; 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 exemptions by the debtor.
Paragraph XXVI. Spouse's separate property. The separate property of each spouse shall remain the separate property of that spouse except as otherwise provided by law.
FRIDAY, SEPTEMBER 11, 1981
285
Paragraph XXVII. Enumeration of rights not denial of others. The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed.
SECTION II.
ORIGIN AND STRUCTURE OF GOVERNMENT
Paragraph I. Origin and foundation of government. All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people and are at all times amenable to them.
Paragraph II. 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 public good may require it.
Paragraph III. Protection the duty of government. Protection to person and property is the paramount duty of government and shall be impartial and complete.
Paragraph IV. Separation of legislative, judicial, and executive powers. The legislative, judicial, and executive powers shall forever remain separate and distinct; and no person discharging the duties of one shall at the same time exercise the functions of either of the others except as herein provided.
Paragraph V. Contempts. The power of the courts to punish for contempt shall be limited by legislative acts.
Paragraph VI. What acts void. Legislative acts in violation of this Constitution or the Constitution of the United States are void, and the judiciary shall so declare them.
Paragraph VII. Superiority of civil authority. The civil authority shall be superior to the military.
Paragraph VIII. Separation of church and state. No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution.
Paragraph IX. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws, except that the General Assembly may by law provide that the operation of a nonprofit bingo game shall not be a lottery and shall be legal in this state. The General Assembly may by law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games.
286
JOURNAL OF THE SENATE
Paragraph X. Sovereign immunity of the state from suit. The sovereign immunity of the state from suit is hereby expressly reserved except to the extent of any waiver or qualification of such immunity as is now or may hereafter be provided by law.
SECTION III.
GENERAL PROVISIONS
Paragraph I. Eminent domain. (a| Except as otherwise provided in this Paragraph, private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid.
(b) When private property is taken or damaged by the state or the counties or municipalities of the state for public road or street purposes, or for public.transportation purposes, or for any other public purposes as determined by the General Assembly, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law; but such just and adequate compensation shall then be paid in preference to all other obligations except bonded indebtedness.
(c) The General Assembly may by law require the condemnor to make prepayment against adequate compensation as a condition precedent to the exercise of the right of eminent domain and provide for the disbursement of the same to the end that the rights and equities of the property owner, lien holders, and the state and its subdivisions may be protected.
jd) 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 public projects or programs; and the powers of taxation may be exercised and public funds expended in furtherance thereof.
Paragraph II. Private ways. In case of necessity, private ways may be granted upon just and adequate compensation being first paid by the applicant.
Paragraph III. Tidewater titles confirmed. The Act of the General Assembly approved December 16, 1902, which extends the title of ownership of lands abutting on tidal water to low water mark, is hereby ratified and confirmed.
FRIDAY, SEPTEMBER 11, 1981
287
ARTICLE II.
VOTING AND ELECTIONS
SECTION I.
METHOD OF VOTING; RIGHT TO REGISTER AND VOTE
Paragraph I. Method of voting. Elections by the people shall be by secret ballot and shall be conducted in accordance with procedures provided by law.
Paragraph II. Right to register and vote. Every person who is a citizen of the United States and a resident of Georgia as defined by law, who is at least 18 years of age and not disenfranchised by this article, and who meets minimum residency requirements as provided by law shall be entitled to vote at any election by the people. The registration of electors shall be as provided by law.
Paragraph III. 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 disability has been removed.
SECTION II.
GENERAL PROVISIONS
Paragraph I. Procedures to be provided by law. The General Assembly shall provide by law for a method of appeal from the decision to allow or refuse to allow any person to register or vote and shall provide by law for a procedure whereby returns of all elections by the people shall be made to the Secretary of State.
Paragraph II. Run-off election. A run-off election shall be a continuation of the general election and only persons who were entitled to vote in the general election shall be entitled to vote therein; and only those votes cast for the persons designated for the runoff shall be counted in the tabulation and canvass of the votes cast.
Paragraph III. 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 civil rights have been restored, or who is the holder of public funds illegally shall be eligible to hold any office or appointment of honor or trust in this state. Additional conditions of eligibility to hold office for persons elected on a write-in vote for persons holding offices or appointments of honor or trust other than elected offices created by this Constitution may be provided by law.
288
JOURNAL OF THE SENATE
Paragraph IV. Recall of public officials holding elective office. The General Assembly is hereby authorized to provide by general law for the recall of public officials who hold elective office. The procedures, grounds, and all other matters relative to such recall shall be provided for in such law.
ARTICLE III.
LEGISLATIVE BRANCH
SECTION I.
LEGISLATIVE POWER
Paragraph I. Power vested in General Assembly. The legislative power of the state shall be vested in a General Assembly which shall consist of a Senate and a House of Representatives.
SECTION II.
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 shall be elected from single-member districts.
(b) The House of Representatives shall consist of not more than 180 Representatives apportioned among representative districts of the state.
Paragraph II. Apportionment of General Assembly. The General Assembly shall apportion the Senate and House districts. Such districts shall be composed of contiguous territory. The apportionment of the Senate and of the House of Representatives shall be changed by the General Assembly as necessary after each United States decennial census.
Paragraph III. Qualifications of members of General Assembly, (a) At the time of their election, the members of the Senate shall be citizens of the United States, shall be at least 25 years of age, shall 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 shall be citizens of the United States, shall be at least 21 years of age, shall 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 shall have a seat in either house unless otherwise provided by law.
FRIDAY, SEPTEMBER 11, 1981
289
(b) No person holding any civil appointment or office having any emolument annexed thereto under the United States, this state, or any other state shall have a seat in either house.
(c) No Senator or Representative shall be elected by the General Assembly or appointed by the Governor to any office or appointment having any emolument annexed thereto during the time for which such person shall have been elected unless the Senator or Representative shall first resign the seat to which elected; provided, however, that, during the term for which elected, no Senator or Representative shall be appointed to any civil office which has been created during such term.
Paragraph V. Election and term of members, (a) The members of the General Assembly shall be elected by the qualified electors of their respective districts for a term of two years and shall serve until the time fixed for the convening of the next General Assembly.
(b| The members of the General Assembly in office on June 30, 1983, shall serve out the remainder of the terms to which elected.
(c) The first election for members of the General Assembly under this Constitution shall take place on Tuesday after the first Monday in November, 1984, and subsequent elections biennially on that day until the day of election is changed by law.
SECTION III.
OFFICERS OF THE GENERAL ASSEMBLY
Paragraph I. President and President Pro Tempore of the Senate. ja| The presiding officer of the Senate shall be styled the President of the Senate.
jb) A President Pro Tempore shall 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 President. In case of the death, resignation, or permanent disability of the President or in the event of the succession of the President to the executive power, the President Pro Tempore shall become President and shall receive the same compensation and allowances as the Speaker of the House of Representatives. The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph.
Paragraph II. Speaker and Speaker Pro Tempore of the House of Representatives, (a) The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives and shall be elected by the House of Representatives from among its members.
(b) A Speaker Pro Tempore shall be elected by the House of Representatives from among its members. The Speaker Pro Tempore shall become Speaker in case of the death, resignation, or permanent disability of the Speaker and shall serve until a Speaker is elected.
290
JOURNAL OF THE SENATE
Such election shall be held as provided in the rules of the House. The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph.
Paragraph III. Other officers of the two houses. The other officers of the two houses shall 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 limit, and adjournment, (a) The General Assembly shall be a continuous body during the term for which the members thereof are elected. The General Assembly shall meet in regular session on the second Monday in January of each year and may continue in session for a period of no longer than 40 days in the aggregate each year, excluding weekends. 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. Following the fifth day of a special session, either house may adjourn not more than twice for a period not to exceed 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 called 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, the House shall adjourn and the Senate shall remain in session until such trial is completed.
Paragraph II. Oath of members. Each Senator and Representative before taking the seat to which elected, shall take the oath or affirmation prescribed by law.
Paragraph III. Quorum. A majority of the members to which each house is entitled shall 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 shall 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.
FRIDAY, SEPTEMBER 11, 1981
291
Paragraph V. Vacancies. When a vacancy occurs in the General Assembly, it shall be filled as provided by this Constitution and by law. The seat of a member of either house shall 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 shall receive such salary as shall be provided for by law, provided that no increase in salary shall become effective prior to the end of the term during which such change is made.
Paragraph VII. Election and returns; disorderly conduct. Each house shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior or misconduct by censure, fine, imprisonment, or expulsion; but no member shall be expelled except by a vote of two- thirds of the members of the house to which such member belongs.
Paragraph VIII. Contempts, how punished. Each house may punish by imprisonment, not extending beyond the session, any person not a member who shall be guilty of a contempt by any disorderly behavior in its presence or who shall rescue or attempt to rescue any person arrested by order of either house.
Paragraph IX. Privilege of members. The members of both houses shall 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. All elections by either house of the General Assembly shall be by recorded vote, and the vote shall appear on the respective journal of each house.
Paragraph XI. Open meetings. The sessions of the General Assembly and all committee meetings thereof shall be open to the public, but the General Assembly may provide by law for exceptions to this requirement.
SECTION V.
ENACTMENT OF LAWS
Paragraph I. Journals and laws. Each house shall keep and publish after its adjournment a journal of its proceedings. The original journals shall be the sole, official records of the proceedings of, each house and shall be preserved as provided by law. The General Assembly shall provide for the publication of the laws passed at each session.
Paragraph II. Bills for revenue. All bills for raising revenue, or appropriating money, shall originate in the House of Representatives.
292
JOURNAL OF THE SENATE
Paragraph III. One subject matter expressed. No bill shall pass which refers to more than one subject matter or contains matter different from what is expressed in the title thereof.
Paragraph IV. Statutes and sections of Code, how amended. No law or section of the Code shall be amended or repealed by mere reference to its title or to the number of the section of the Code; but the amending or repealing Act shall distinctly describe the law or Code section to be amended or repealed as well as the alteration to be made.
Paragraph V. Majority of members to pass bill. No bill shall become law unless it shall receive a majority of the votes of all the members to which each house is entitled, and such vote shall so appear on the journal of each house.
Paragraph VI. When roll-call 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 roll-call vote on any question shall be taken and shall be entered on the journal. The yeas and nays in each house shall be recorded and entered on the journal upon the passage or rejection of any bill or resolution appropriating money and whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of a bill or resolution.
Paragraph VII. Reading of general bills. The title of every general bill and of every resolution intended to have the effect of general law or to amend this Constitution or to propose a new Constitution shall be read three times and on three separate days in each house before such bill or resolution shall be voted upon; and the third reading of such bill and resolution shall 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 bill and every resolution intended to have the effect of local law shall be read at least once before such bill or resolution shall be voted upon; and no such bill or resolution shall be voted upon prior to the second day following the day of introduction.
Paragraph IX. Advertisement of notice to introduce local legislation. The General Assembly shall provide by law for the advertisement of notice of intention to introduce local bills.
Paragraph X. Acts signed. All Acts shall 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 shall 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.
FRIDAY, SEPTEMBER 11, 1981
Paragraph XII. Rejected bills. No bill or resolution intended to have the effect of law which shall have been rejected by either house shall 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 rejected.
Paragraph XIII. Approval, veto, and override of veto of bills and resolutions, (a) The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws, but twothirds of each house may pass a law, notwithstanding his veto; and, if any bill should not be returned by the Governor within 12 days after it has been presented to him, the same shall be a law unless the General Assembly, by their adjournment, shall prevent its return, in which event the Governor shall have 35 days from the date of adjournment in which to approve the same; and, if not approved within that time, the same shall become a law. He may approve any appropriation and veto any other appropriation in the same bill, and the latter shall not be effectual unless passed by two-thirds of each house.
(b) Whenever such bill has been vetoed by the Governor, it shall be the duty of the Governor to transmit such bill to the presiding officer of the branch of the General Assembly in which it originated, together with a list of reasons, if any, for such veto. Such transmission shall be made within 40 days from the date of the adjournment of the session of the General Assembly at which such bill was passed. Such bill may be considered by the branch of the General Assembly in which it originated at any time within the first ten days of the next session of the General Assembly for the purpose of overriding the action of the Governor. In the event the action of the Governor is overridden by two-thirds of the votes of such branch of the General Assembly, the same shall be immediately transmitted by the Secretary of or the Clerk of such branch of the General Assembly to the other branch of the General Assembly. It shall be the duty of the presiding officer of such other branch of the General Assembly upon receiving such bill to dispense with all business that is then being considered and to consider then and there and act upon such bill for the purpose of overriding the action of the Governor. In the event the action of the Governor is overridden by two-thirds of the votes of such branch of the General Assembly, such bill shall become law. In the event either branch of the General Assembly should fail to override the Governor's action on a bill, such bill shall not again be presented to the General Assembly of Georgia for the purpose of overriding the action of the Governor. In the event any bill is enacted into law pursuant to the terms of this subparagraph, the effective date of such bill shall be on the date that such bill was acted upon by the branch of the General Assembly last acting upon such bill.
Paragraph XIV. Jointly sponsored bills and resolutions. Members of the Senate and members of the House of Representatives may jointly sponsor bills and resolutions.
294
JOURNAL OF THE SENATE
SECTION VI.
EXERCISE OF POWERS
Paragraph I. General powers. The General Assembly shall have the power to make all laws not inconsistent with this Constitution, and not repugnant to the Constitution of the United States, which it shall deem necessary and proper for the welfare of the state.
Paragraph II. Specific powers, (a) Without limitation of the powers granted under Paragraph I, the General Assembly shall 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, shall 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 state in federal programs and the compliance with laws relating thereto, including but not limited to the powers, which may be exercised to the extent and in the manner necessary to effect such participation and compliance, to tax, to expend public 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 limited to the suspension of all 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 facilities operated by such agencies for the purpose of encouraging and promoting tourism in this state.
(b) The General Assembly shall have the power to implement the provisions of Article I, Section III, Paragraph 1(2.); Article IV, Section VIII, Paragraph II; Article IV, Section VIII, Paragraph III; and Article X, Section II, Paragraph XII of the Constitution of 1976 in force and effect on June 30, 1983; and all laws heretofore adopted thereunder and valid at the time of their enactment shall continue in force and effect until modified or repealed.
Paragraph III. Powers not to be abridged. The General Assembly shall not abridge its powers under this Constitution. No law enacted by the General Assembly shall be construed to limit 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 shall be enacted in any case for which provision has been made by an existing general law, except that the
FRIDAY, SEPTEMBER 11, 1981
295
General Assembly may by general law authorize local governments by local ordinance or resolution to exercise police powers which do not conflict with general laws.
(b) No population bill, as the General Assembly shall define by general law, shall be passed. No bill using classification by population as a means of determining the applicability of any bill or law to any political subdivision or group of political subdivisions may expressly or impliedly amend, modify, supersede, or repeal the general law defining a population bill.
(c) No special law relating to the rights or status of private persons shall be enacted.
Paragraph V. Specific limitations, (a) The General Assembly shall not have the power to grant incorporation to private persons but shall provide by general law the manner in which private corporate powers and privileges may be granted.
(b) The General Assembly shall not forgive the forfeiture of the charter of any corporation existing 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 shall not have the power to authorize any contract or agreement which may 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 shall not have the power to regulate or fix charges of public utilities owned or operated by any county or municipality of this state, except as authorized by this Constitution.
Paragraph VI. Gratuities, (a) Except as otherwise provided in this Constitution, the General Assembly shall not have the power to grant any donation or gratuity or to forgive any debt or obligation owing to the public except pursuant to a general law authorizing a particular donation or gratuity serving the public interest adopted in any two successive regular sessions upon the affirmative vote of two-thirds of the members to which each house is entitled and approved by the Governor within 30 days after it has been presented to the Governor in each such session. Any such law may be repealed in the same manner as other laws.
(b) All laws heretofore adopted under Article III, Section VIII, Paragraph XII of the Constitution of 1976 in force and effect on June 30, 1983, shall continue in force and effect until modified or repealed in the manner hereinabove provided.
296
JOURNAL OF THE SENATE
SECTION VII.
IMPEACHMENTS
Paragraph I. Power to impeach. The House of Representatives shall have the sole power to vote impeachment charges against any executive or judicial officer of this state or any member of the General Assembly.
Paragraph II. Trial of impeachments. The Senate shall have the sole power to try impeachments. When sitting for that purpose, the Senators shall be on oath, or affirmation, and shall be presided over by the Chief Justice of the Supreme Court. Should the Chief Justice be disqualified, then the Presiding Justice shall preside. Should the Presiding Justice be disqualified, then the Senate shall select a Justice of the Supreme Court to preside. No person shall be convicted without concurrence of two-thirds of the members to which the Senate is entitled.
Paragraph III. Judgments in impeachment. In cases of impeachment, judgments shall 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 shall relieve any party from any criminal or civil liability.
SECTION VIII.
INSURANCE REGULATION
Paragraph I. Regulation of insurance. Provision shall be made by law for the regulation of insurance.
Paragraph II. Issuance of licenses. Insurance licenses shall be issued by the Commissioner of Insurance as required by law.
SECTION IX.
APPROPRIATIONS
Paragraph I. Public money, how drawn. No money shall be drawn from the treasury except by appropriation made by law.
Paragraph II. Preparation, submission, and enactments of general appropriations bill. (a| The Governor shall 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 shall provide for the appropriation of the funds necessary to operate all the various departments and agencies and to meet the current expenses of the state for the next fiscal year.
(b) The General Assembly shall annually appropriate the funds necessary to operate all the various departments and agencies and meet the current expenses of the state for the next fiscal year. The fiscal year of the state shall commence on the first day of July of each year and terminate on the thirtieth of June following.
FRIDAY, SEPTEMBER 11, 1981
297
(c) The General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the state.
Paragraph III. General appropriations bill. The general appropriations bill shall embrace nothing except appropriations fixed by previous laws; the ordinary expenses of the executive, legislative, and judicial departments of the government; payment of the public debt and interest thereon; and for support of the public institutions and educational interests of the state. All other appropriations shall be made by separate bills, each embracing but one subject.
Paragraph 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 next fiscal year after adoption and it shall then expire, except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of federal grants.
(b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected 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 VI of this section of the Constitution; but in no event shall a supplementary appropriations Act continue in force and effect beyond the expiration of the general appropriations Act in effect when such supplementary appropriations Act was adopted and approved.
(c) All appropriated funds, except for the mandatory appropriations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such general appropriations Act shall lapse.
(d) All federal funds received by the State of Georgia are hereby continually appropriated in the exact amounts and for the purposes authorized and directed by the federal government in making the grant.
|e] The state, state institutions, and departments and agencies of the state are hereby prohibited from entering into any contract with any public agency or public corporation or authority pursuant to the provisions of Article IX, Section III, Paragraph I(a), which such contract constitutes security for bonds or other obligations issued by any such public agency or public corporation or authority; and the appropriation or expenditure of any funds for the payment of obligations under any such contract is likewise prohibited at any time when the aggregate annual payments under all such contracts, including the contract or contracts proposed to be entered into, exceed 15 percent of the total revenue receipts less refunds of the state treasury in the fiscal
298
JOURNAL OF THE SENATE
year immediately preceding the making and entering into of any such contract; provided, however, this provision shall not affect contracts validly entered into prior to the effective date of the amendment to Article VII, Section IX, Paragraph II of the Constitution of 1945 adopted November 6, 1962. The execution of any such contract is further prohibited until the General Assembly has specifically provided funds in an appropriations Act for the payment of at least one year's rental under such contract.
Paragraph V. Other or supplementary 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 shall be known as supplementary appropriation Acts, provided no such supplementary appropriation shall be available unless there is an unappropriated surplus in the state treasury or the revenue necessary to pay such appropriation shall have been provided by a tax laid for such purpose and collected into the general fund of the state treasury. Neither house shall pass a supplementary appropriation bill until the general appropriations Act shall have been finally adopted by both houses and approved by the Governor.
Paragraph VI. Appropriations to be for specific sums, (a) Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency, or institution for which appropriation is made shall be for a specific sum of money; and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof.
(b) An amount equal to all money derived from motor fuel taxes and all interest earned on such money received by the state in each of the immediately preceding fiscal years, less the amount of refunds, rebates, and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this state, as authorized by laws enacted by the General Assembly of Georgia, and for grants to counties by law authorizing road construction and maintenance, as provided by law authorizing such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a general appropriations Act; and said sum need not be specifically stated in any general appropriations Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations, and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this state, unless such provisions are in conflict with the provisions of this paragraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this state by land, sea, or air or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the executive order of the Governor.
FRIDAY, SEPTEMBER 11, 1981
299
(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 disability 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 III, 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 all 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 allocated for the specific purpose of meeting any and all costs, or any portion of the cost, of providing training to law enforcement officers and to prosecuting officials.
(e) The General Assembly may by general law designate any part or all of the proceeds of any state tax now or hereafter levied and collected on alcoholic beverages to be used for prevention, education, and treatment programs relating to alcohol and drug abuse.
Paragraph VII. Appropriations void, when. Any appropriation made in conflict with any of the foregoing provisions shall be void.
SECTION X.
RETIREMENT SYSTEMS
Paragraph I. Expenditure of public funds authorized. Public funds may be expended for the purpose of paying benefits and other costs of retirement and pension systems for public officers and employees and their beneficiaries.
Paragraph II. Increasing benefits authorized. Public funds may be expended for the purpose of increasing benefits being paid pursuant to any retirement or pension system wholly or partially supported from public funds.
Paragraph III. Retirement systems covering employees of county boards of education. Notwithstanding Article IX, Section II, Paragraph III(a)(14), the authority to establish or modify heretofore existing local retirement systems covering employees of county boards of education shall continue to be vested in the General Assembly.
Paragraph IV. Firemen's Pension System. The method of funding the Firemen's Pension System as set forth in the Act creating said system, approved March 3, 1955 (Ga. Laws 1955, p. 339), as amended, is continued until changed by law.
Paragraph V. Funding standards. It shall be the duty of the General Assembly to enact legislation to define funding standards which will assure the actuarial soundness of any retirement or pen-
300
JOURNAL OF THE SENATE
sion system supported wholly or partially from public funds and to control legislative procedures so that no bill or resolution creating or amending any such retirement or pension system shall be passed by the General Assembly without concurrent provisions for funding in accordance with the defined funding standards.
ARTICLE IV.
CONSTITUTIONAL BOARDS AND COMMISSIONS
SECTION I.
PUBLIC SERVICE COMMISSION
Paragraph I. Public Service Commission, (a) There shall be a Public Service Commission for the regulation of utilities which shall consist of five members who shall be elected by the people. The Commissioners in office on June 30, 1983, shall serve until December 31 after the general election at which the successor of each member is elected. Thereafter, all succeeding terms of members shall be for six years. Members shall serve until their successors are elected and qualified. A chairman shall be selected by the members of the commission from its membership.
(b) The commission shall be vested with such jurisdiction, powers, and duties as provided by law.
(c) The filling of vacancies and manner and time of election of members of the commission shall be as provided by law.
SECTION II.
STATE BOARD OF PARDONS AND PAROLES
Paragraph I. State Board of Pardons and Paroles. There shall be a State Board of Pardons and Paroles which shall 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, shall serve out the remainder of their respective terms, provided that the expiration date of the term of any such member shall be December 31 of the year in which the member's term expires. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for seven years. A chairman shall be selected by the members of the board from its membership.
Paragraph II. Powers and authority, (a) Except as otherwise provided in this Paragraph, the State Board of Pardons and Paroles shall be vested with the power of executive clemency, including the powers to grant reprieves, pardons, and paroles; to commute penalties; to remove disabilities 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 life imprisonment, the board shall not have the authority to grant a pardon to the con-
FRIDAY, SEPTEMBER 11, 1981
301
victed person until such person has served at least 25 years in the penitentiary; and such person shall not become eligible for parole at any time prior to serving at least 25 years in the penitentiary.
(c) Notwithstanding the provisions of subsection (b| hereof, the board shall not have the authority to grant a pardon or parole to any person convicted of a serious felony for a second or subsequent time except as now or hereafter provided by law. For the purposes of this Paragraph, the term "serious felony" shall include any of the following offenses:
(1) Murder;
(2) Rape;
(3| Armed robbery;
(4) Kidnapping;
[5] Arson;
(6) Crimes involving the manufacture, delivery, distribution, sale, or possession of drugs which are defined as serious felonies by the General Assembly.
|d| Without limiting the amount of time required to be served in the penitentiary prior to pardon or parole pursuant to any other provisions of this Paragraph, a person convicted of armed robbery shall not be pardoned or paroled by the board until such person has served at least five years in the penitentiary.
(e) The chairman of the board, or any other member designated by the board, may suspend the execution of a sentence of death until the full board shall have an opportunity to hear the application of the convicted person for any relief within the power of the board.
(f) Notwithstanding any other provisions of this Paragraph, the State Board of Pardons and Paroles shall have the authority to pardon any person convicted of a crime who is subsequently determined to be innocent of said crime.
SECTION III.
STATE PERSONNEL BOARD
Paragraph I. State Personnel Board, (a) There shall be a State Personnel Board which shall 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, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for five years. Members shall serve until their successors are appointed and qualified. A member of the State Personnel Board may not be employed in any other capacity in state government. A chairman shall be selected by the members of the board from its membership.
302
JOURNAL OF THE SENATE
(b) The board shall provide policy 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 shall be selected on the basis of merit as provided by law.
Paragraph II. Veterans preference. Any veteran who has served as a member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and was honorably discharged therefrom, shall be given such veterans preference in any civil service program established in state government as may be provided by law.
SECTION IV.
STATE TRANSPORTATION BOARD
Paragraph I. State Transportation Board; commissioner. (a| There shall be a State Transportation Board composed of as many members as there are congressional districts in the state. The member of the board from each congressional district shall be elected by a majority vote of the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such congressional district meeting in caucus. 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, a successor shall be elected as herein provided. All such terms of members shall be for five years. Members shall serve until their successors are elected and qualified.
(b| The State Transportation Board shall select a commissioner of transportation, who shall be the chief executive officer of the Department of Transportation 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 shall be a State Department of Veterans Service and Veterans Service Board which shall consist of seven members appointed by the Governor, subject to confirmation by the Senate. The members in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for seven years. Members shall serve until their successors are appointed and qualified.
jb) The board shall appoint a commissioner who shall be the executive officer of the department. All members of the board and the commissioner shall be veterans of some war or armed conflict in which the United States has engaged. The board shall have such control, duties, powers, and jurisdiction of the State Department of Veterans Service as shall be provided by law.
FRIDAY, SEPTEMBER 11, 1981
303
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 following named counties: Chatham, Bryan, Liberty, Mclntosh, Glynn, or Camden. All members shall 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 shall appoint a successor as herein provided. All such terms of members shall be for seven years. Members shall serve until their successors are appointed and qualified. 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 shall have such powers and duties as provided by law.
SECTION VII.
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 qualifications, compensation, and removal from office of members of constitutional boards and commissions provided for in this article shall be as provided by law.
Paragraph II. 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, shall be as provided by law.
ARTICLE V.
EXECUTIVE BRANCH
SECTION I.
ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR
Paragraph I. Governor: term of office; compensation and allowances. There shall be a Governor who shall hold office for a term of four years and until a successor shall be chosen and qualified. 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 themselves as hereinbefore provided shall not again be eligible to be elected to that office until after the expiration of four years from the conclusion of their term as Governor. The compensation and allowances of the Governor shall be as provided by law.
304
JOURNAL OF THE SENATE
Paragraph II. Election for Governor. An election for Governor shall be held on Tuesday after the first Monday in November of 1986, and the Governor-elect shall be installed in office at the next session of the General Assembly. An election for Governor shall take place quadrennially thereafter on said date unless another date be fixed by the General Assembly. Said election shall be held at the places of holding general elections in the several counties of this state, in the manner prescribed for the election of members of the General Assembly, and the electors shall be the same.
Paragraph III. Lieutenant Governor. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. The Lieutenant Governor shall be the President of the Senate and shall have such executive 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 shall 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 shall have been a citizen of the United States 15 years and a legal resident of the state six years immediately preceding the election and shall 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 disability of the Governor as determined in the manner provided in Section IV of this article, the Lieutenant Governor shall exercise the powers and duties of the Governor and receive the same compensation as the Governor until such time as the temporary disability of the Governor ends.
(b) In case of the death, resignation, or permanent disability of the Governor or the Governor-elect, the Lieutenant Governor or the Lieutenant Governor-elect, upon becoming the Lieutenant Governor, shall become the Governor until a successor shall be elected and qualified as hereinafter provided. A successor to serve for the unexpired term shall be elected at the next general election; but, if such death, resignation, or permanent disability shall occur within 30 days of the next general election or if the term will expire within 90 days after the next general election, the Lieutenant Governor shall become Governor for the unexpired term. No person shall 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 disability of both the Governor or the Governor-elect and the Lieutenant Governor or the Lieutenant Governor-elect or in case of the death, resignation, or permanent disability of the Governor and there shall be no Lieutenant Governor, the Speaker of the House of Representatives shall exercise the powers and duties of the Governor until the election and qualification of a Governor at a special election, which shall be
FRIDAY, SEPTEMBER 11, 1981
305
held within 90 days from the date on which the Speaker of the House of Representatives shall have assumed the powers and duties of the Governor, and the person elected shall serve out the unexpired term.
Paragraph VI. Oath of office. The Governor and Lieutenant Governor shall, before entering on the duties of office, take such oath or affirmation as prescribed by law.
SECTION II.
DUTIES AND POWERS OF GOVERNOR
Paragraph I. Executive powers. The chief executive powers shall be vested in the Governor. The other executive officers shall have such powers as may be prescribed by this Constitution and by law, not inconsistent with the powers of the Governor as the chief executive officer of the state.
Paragraph II. Law enforcement. The Governor shall take care that the laws are faithfully executed and shall be the conservator of the peace throughout the state.
Paragraph III. Commander in chief. The Governor shall be the commander in chief of the military forces of this state.
Paragraph IV. Veto power. Except as otherwise provided in this Constitution, before any bill or resolution shall become law, the Governor shall have the right to review such bill 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 bill or resolution. In the event the Governor vetoes any such bill or resolution, the General Assembly may, by a two-thirds' vote, override such veto as provided in Article III of this Constitution.
Paragraph V. Writs of election. The Governor shall issue writs of election to fill all vacancies that may occur in the Senate and in the House of Representatives.
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 expedient.
Paragraph VII. Special sessions of the General Assembly, (a) The Governor may convene the General 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 after the special session has convened; but no laws shall be enacted at any such special session except those which relate to the purposes stated in the proclamation or in any amendment thereto.
306
JOURNAL OF THE SENATE
(b) The Governor shall convene the General Assembly in special session for all purposes whenever three-fifths of the members to which each house is entitled certify to the Governor in writing, with a copy to the Secretary of State, that in their opinion an emergency exists in the affairs of the state. The General Assembly may convene itself if, after receiving such certification, the Governor fails to do so within three days, excluding Sundays.
(c) Special sessions of the General Assembly shall be limited to a period of 40 days unless extended 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 state 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 public office shall 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 shall serve for the unexpired term unless otherwise provided by this Constitution or by law.
(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, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, an individual to serve until the next general election and until a successor for the balance of the unexpired term shall have been elected and qualified.
Paragraph IX. Appointments by Governor. The Governor shall make such appointments as are authorized by this Constitution or by law. If a person whose confirmation is required by the Senate is once rejected by the Senate, that person shall not be renominated by the Governor for appointment to the same office until the expiration of a period of one year from the date of such rejection.
Paragraph X. Information from officers and employees. The Governor may require information in writing from constitutional officers and all other officers and employees of the executive branch on any subject relating to the duties of their respective offices or employment.
SECTION III.
OTHER ELECTED EXECUTIVE OFFICERS
Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner of Labor shall be elected in the manner prescribed for the election of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Governor.
FRIDAY, SEPTEMBER 11, 1981
307
Paragraph II. Qualifications, (a) No person shall 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 shall 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 shall have attained the age of 25 years by the date of assuming office. All of said officers shall take such oath and give bond and security, as prescribed by law, for the faithful discharge of their duties.
(b) No person shall be Attorney General unless such person shall have been an active-status member of the State War of Georgia for seven years.
Paragraph III. Powers, duties, compensation, and allowances of other executive officers. Except as otherwise provided in this Constitution, the General Assembly shall 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 all capital felonies and in all civil and criminal cases in any court when required by the Governor, and shall perform such other duties as shall 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.
Paragraph II. Procedure for determining disability. 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 disability, the Supreme Court shall by appropriate rule provide for a speedy and public hearing on such matter, including notice of the nature and cause of the accusation, process for obtaining witnesses, and the assistance of counsel. Evidence at such hearing shall include testimony from not fewer than three qualified physicians in private practice, one of whom must be a psychiatrist.
Paragraph III. Effect of determination of disability. If, after hearing the evidence on disability, 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 shall be
308
JOURNAL OF THE SENATE
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 disability has ended and when the officer shall resume the exercise of the powers of office. During the period of temporary disability, the powers of such office shall be exercised as provided by law.
ARTICLE VI.
JUDICIAL BRANCH
SECTION I.
JUDICIAL POWER
Paragraph I. Judicial power of the state. The judicial power of the state shall be vested exclusively in the following 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 shall be courts of limited 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 shall have jurisdiction over ordinance violations and, if provided by law, over misdemeanors. Except as provided herein and in Section X, municipal courts, civil courts, and administrative agencies shall not be subject to the provisions of this article.
Paragraph II. Unified judicial system. All courts of the state shall comprise a unified judicial system.
Paragraph III. Judges; exercise of power outside own court; scope of term "judge." Provided the judge is otherwise qualified, a judge may exercise 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 existing or created.
Paragraph IV. Exercise of judicial power. Each court may exercise such powers as necessary in aid of its jurisdiction or to protect or effectuate its judgments; but only the superior and appellate courts shall have the power to issue process in the nature of mandamus, prohibition, specific performance, quo warranto, and injunction. Each superior courts, state court, and other courts of record may grant new trials on legal grounds.
Paragraph V. Uniformity of jurisdiction, powers, etc.; overlapping jurisdiction. Except as provided in Section III, Paragraph I of this article, the courts of each class shall have uniform jurisdiction, powers, rules of practice and procedure, and selection, qualifications, terms, and discipline of judges. There shall be no overlapping jurisdiction, except as to probate courts, state courts, and superior courts. The provisions of this Paragraph shall be effected by law within 24 months of the effective date of this article.
FRIDAY, SEPTEMBER 11, 1981
309
Paragraph VI. Judicial circuits; courts in each county; court sessions. The state shall be divided into judicial circuits, each of which shall consist of not less than one county. Each county shall have at least one superior court, magistrate court, a probate court, and, where needed, a state court and a juvenile court. In the absence of a state court or a juvenile court, the superior court shall exercise that jurisdiction. Superior courts shall 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 shall consist of less than one county.
Paragraph VIII. Transfer of cases. Any court shall transfer to the appropriate court in the state any civil case in which it determines that jurisdiction or venue lies elsewhere.
Paragraph IX. Rules of evidence; law prescribed. All rules of evidence shall be as prescribed by law.
SECTION II.
VENUE
Paragraph I. Divorce cases. Divorce cases shall be brought 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 military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States army post or military reservation.
Paragraph II. Land titles. Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction.
Paragraph III. Equity cases. Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.
Paragraph IV. Suits against joint obligors, 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.
Paragraph V. Suits against maker, endorser, etc. Suits against the maker and endorser of promissory notes, or drawer, acceptor, and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be brought in the county where the maker or acceptor resides.
310
JOURNAL OF THE SENATE
Paragraph VI. All other cases. All other civil cases, except juvenile court cases as may otherwise be provided by the Juvenile Court Code of Georgia, shall be tried in the county where the defendant resides; venue as to corporations, foreign and domestic, shall be as provided by law; and all criminal cases shall be tried in the county where the crime was committed, except cases in the superior courts where the judge is satisfied that an impartial jury cannot be obtained in such county.
Paragraph VII. Other responsible party defendant. The General Assembly may provide by law for the bringing into court by named defendants of responsible parties other than those named in a case as defendants without regard to the residence of such responsible parties.
Paragraph VIII. Power to change venue. The power to change the venue in civil and criminal cases shall be vested in the superior courts to be exercised in such manner as has been, or shall be, provided by law.
SECTION III.
CLASSES OF COURTS OF LIMITED JURISDICTION
Paragraph I. Jurisdiction of classes of courts of limited jurisdiction. The magistrate, juvenile, and state courts shall have uniform jurisdiction as provided by law. Probate courts shall 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 shall have jurisdiction in all cases, except as otherwise provided in this Constitution. They shall have exclusive jurisdiction over trials 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 shall have such appellate jurisdiction, either alone or by circuit or district, as may be provided by law.
SECTION V.
COURT OF APPEALS
Paragraph I. Composition of Court of Appeals; Chief Judge. The Court of Appeals shall consist of not less than nine Judges who shall elect from among themselves a Chief Judge.
Paragraph II. 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.
FRIDAY, SEPTEMBER 11, 1981
311
Paragraph III. Jurisdiction of Court of Appeals; decisions binding. The Court of Appeals shall be a court of review and shall exercise appellate and certiorari jurisdiction in all 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 shall bind all 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 shall be immediately transmitted to the Supreme Court.
SECTION VI.
SUPREME COURT
Paragraph I. Composition of Supreme Court; Chief Justice; Presiding Justice; quorum; substitute judges. The Supreme Court shall consist of not more than nine Justices who shall 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 shall be necessary to hear and determine cases. If a Justice is disqualified in any case, a substitute judge may be designated by the remaining Justices to serve.
Paragraph II. Exclusive appellate jurisdiction of Supreme Court. The Supreme Court shall be a court of review and shall exercise exclusive appellate jurisdiction in the following cases:
(1) All cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question; and
(2) All cases of election contest.
Paragraph III. General appellate jurisdiction of Supreme Court. Unless otherwise provided by law, the Supreme Court shall have appellate jurisdiction of the following classes of cases:
(1) Cases involving title to land;
(2) All equity cases;
(3) All cases involving wills;
(4) All habeas corpus cases;
(5) All cases involving extraordinary remedies;
(6) All divorce and alimony cases;
312
JOURNAL OF THE SENATE
(7) All cases certified to it by the Court of Appeals; and
(8| All cases in which a sentence of death was imposed or could be imposed.
Review of all cases shall be as provided by law.
Paragraph IV. Jurisdiction over questions of law from state or federal appellate courts. The Supreme Court shall have jurisdiction to answer any question of law from any state or federal appellate court.
Paragraph V. Review of cases in Court of Appeals. The Supreme Court may review by certiorari cases in the Court of Appeals which are of gravity or great public importance.
Paragraph VI. Decisions of Supreme Court binding. The decisions of the Supreme Court shall bind all other courts as precedents.
Paragraph VII. Admission to State Bar of Georgia; discipline of attorneys. The Supreme Court shall by rule govern admission to the State Bar of Georgia unless otherwise provided by law. The discipline of attorneys shall be governed by rule of the Supreme Court.
SECTION VII.
SELECTION, TERM, COMPENSATION, AND DISCIPLINE OF JUDGES
Paragraph I. Election; term of office. All superior court and state court judges shall be elected on a nonpartisan basis for a term of four years. All Justices of the Supreme Court and the Judges of the Court of Appeals shall be elected on a nonpartisan basis for a term of six years. The terms of all judges thus elected shall begin the next January 1 after their election. All other judges shall continue to be selected in the manner and for the term they were selected on June 30, 1983, until otherwise provided by law, except that all elections for judges shall be on a nonpartisan basis.
Paragraph II. Qualifications, (a) Appellate and superior court judges shall have been admitted to practice law for seven years.
(b| State and juvenile court judges shall have been admitted to practice law for five years.
(c| Probate and magistrate judges shall have such qualifications as provided by law.
(d) All judges shall reside in the geographical area in which they are selected to serve.
(e) The General Assembly may provide by law for additional qualifications, including, but not limited to, minimum residency requirements.
FRIDAY, SEPTEMBER 11, 1981
313
Paragraph III. Vacancies. Vacancies shall be filled by appointment of the Governor.
Paragraph IV. Period of service of appointees. An appointee to an elective office shall serve until a successor is duly selected and qualified and until January 1 of the year following the next general election which is more than six months after such person's appointment.
Paragraph V. Compensation and allowance of judges. All judges shall receive compensation and allowances as provided by law which shall not be decreased during the incumbent's term of office.
Paragraph VI. Judicial Qualifications Commission; power; composition. The power to discipline, remove, and cause involuntary retirement of judges shall be vested in the Judicial Qualifications Commission. It shall consist of seven members, as follows:
(1) Two judges of any court of record, selected by the Supreme Court;
(2) Three members of the State Bar of Georgia who shall have been active status members of the state bar for at least ten years and who shall be elected by the board of governors of the state bar; and
(3) Two citizens, neither of whom shall be a member of the state bar, who shall be appointed by the Governor.
Paragraph VII. Discipline, removal, and involuntary retirement of judges. Any judge may be removed, suspended, or otherwise disciplined for willful misconduct in office, or for willful and persistent failure to perform the duties of office, or for habitual intemperance, or for conviction of a crime involving moral turpitude. Any judge may be retired for disability which constitutes a serious and likely permanent interference with the performance of the duties of office. The Supreme Court shall adopt rules of implementation.
Paragraph VIII. Due process; review by Supreme Court. No action shall be taken against a judge except after hearing and in accordance with due process of law. No removal or involuntary retirement shall occur except upon order of the Supreme Court after
SECTION VIII.
DISTRICT ATTORNEYS
Paragraph I. District attorneys; vacancies; qualifications; compensation; duties; immunity, (a) There shall be a district attorney for each judicial circuit, who shall be elected circuit-wide for a term of four years. The successors of present and subsequent incumbents shall be elected by the electors of their respective circuits at the general election held immediately preceding the expiration of their respective terms. District attorneys shall serve until their successors are duly elected and qualified. Vacancies shall be filled by appointment of the Governor.
314
JOURNAL OF THE SENATE
(b) No person shall be a district attorney unless such person shall have been an active-status member of the State Bar of Georgia for three years immediately preceding such person's election.
(c) The district attorneys shall receive such compensation and allowances as provided by law and shall be entitled to receive such local supplements to their compensation and allowances as may be provided by law.
(d) It shall be the duty of the district attorney to represent the state in all criminal cases in the superior court of such district attorney's circuit and in all cases appealed from the superior court and the juvenile courts of that circuit to the Supreme Court and the Court of Appeals and to perform such other duties as shall be required by law.
(e) District attorneys shall enjoy immunity from private suit for action arising from the performance of their duties.
Paragraph II. Discipline, removal, and involuntary retirement of district attorneys. Any district attorney may be disciplined, removed or involuntarily retired as provided by law.
SECTION IX.
GENERAL PROVISIONS
Paragraph I. Administration of the judicial system; uniform court rules; advice and consent of councils. The judicial system shall be administered as provided in this Paragraph. Not more than 24 months after the effective date hereof, and from time to time thereafter by amendment, the Supreme Court shall, with the advice and consent of the council of the affected class or classes of trial courts, by order adopt and publish uniform court rules and record-keeping rules which shall provide for the speedy, efficient, and inexpensive resolution of disputes and prosecutions. Each council shall be comprised of all of the judges of the courts of that class.
Paragraph II. Disposition of cases. The Supreme Court and the Court of Appeals shall dispose of every case at the term for which it is entered on the court's docket for hearing or at the next term.
Paragraph III. Appropriations for judicial system; court system revenues. The General Assembly shall annually appropriate funds for operation of the system for the next fiscal year and for facilities. Revenues derived from operation of the court system shall be apportioned between the state and the local governments as provided by law.
FRIDAY, SEPTEMBER 11, 1981
315
SECTION X.
TRANSITION
Paragraph I. Effect of ratification. On the effective date of this article:
(1) Superior courts shall continue as superior courts.
(2) State courts shall continue as state courts.
(3) Probate courts shall continue as probate courts.
(4) Juvenile courts shall continue as juvenile courts.
(5) Municipal courts not otherwise named herein, or whatever name, shall continue as and be denominated municipal courts, except that the City Court of Atlanta shall retain its name. Such municipal courts, the Civil Courts of Richmond and Bibb counties, and administrative agencies having quasi-judicial powers, shall continue with the same jurisdiction as such courts and agencies have on the effective date of this article, until otherwise provided by law.
(6| Justice of the peace courts, small claims courts, and magistrate courts operating on the effective date of this article, the Recorder's Court of DeKalb County, the County Court of Echols County, the County Court of Baldwin County, and the County Court of Putnam County shall become and be classed as magistrate courts.
Paragraph II. Continuation of judges. Each judge holding office on the effective date of this article shall continue in office until the expiration of the term of office, as a judge of the court having the same or similar jurisdiction, expect that superior court judges then incumbent of eight-year terms shall be eligible for election to eight-year terms. Each court not named herein shall cease to exist on such date or at the expiration of the term of the incumbent judge, whichever is later; and its jurisdiction shall automatically pass to the new court of the same or similar jurisdiction, in the absence of which court it shall pass to the superior court.
ARTICLE VII.
TAXATION AND FINANCE
SECTION I.
POWER OF TAXATION
Paragraph I. Taxation; limitations on grants of tax powers. The state may not suspend or irrevocably give, grant, limit, or restrain the right of taxation and all laws, grants, contracts, and other acts to effect any of these purposes are null and void. Except as otherwise provided in this Constitution, the right of taxation shall always be under the complete control of the state.
316
JOURNAL OF THE SENATE
Paragraph II. Taxing power limited. (a| The annual levy of state ad valorem taxes on tangible property for all purposes, except for defending the state in an emergency, shall not exceed one-fourth mill on each dollar of the assessed value of the property.
(b) So long as the method of taxation in effect on December 31, 1980, for the taxation of shares of stock of banking corporations and other monied capital coming into competition with such banking corporations continues in effect, such shares and other monied capital may be taxed at an annual rate not exceeding five mills on each dollar of the assessed value of the property.
Paragraph III. Uniformity; classification of property, (a) All taxes shall be levied and collected under general laws and for public purposes only. All taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax.
(b)(l| Except as otherwise provided in this subparagraph (b), classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money.
(2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes:
(A) Motor vehicles, including trailers.
(B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation.
(C) Agricultural land, not to exceed 2,000 acres for any owner thereof, which is used for bona fide agricultural purposes. Such property shall be assessed for ad valorem tax purposes at 75 percent of the level at which other tangible property is assessed. The General Assembly shall provide by law minimum conditions under which property may qualify for this special classification, including:
(i) A definition of "bona fide agricultural purposes";
(ii) A definition of "ownership";
(iii) Ownership restrictions;
(iv) A covenant with the appropriate taxing authority to maintain the eligible property in qualified agricultural use for a period of not less than ten years with penalties for the breach thereof.
(D) Real property owned and occupied as a primary place of residence by citizens of this state who are age 65 or older.
(3) Different rates, methods, and assessment dates for the classes of property defined in subparagraphs III(b)(2)(A) and III(b)(2)(B) of this Section I of Article VII may be provided by law.
FRIDAY, SEPTEMBER 11, 1981
317
(4) Different rates, methods, and assessment dates for different classes of property may be provided by law.
jc) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties.
(d) The General Assembly may provide by law for the appraisal of a homestead on the basis of value for existing use, notwithstanding the fact that other classes of property may be appraised on some other basis.
SECTION II.
EXEMPTIONS FROM AD VALOREM TAXATION
Paragraph I. Unauthorized tax exemptions void. Except as authorized in or pursuant to this Constitution, all laws exempting property from ad valorem taxation are void.
Paragraph II. Exemptions from taxation of property.
(a)(l) Except as otherwise provided in this Constitution, no property shall be exempted from ad valorem taxation unless the exemption is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote and by a majority of the qualified electors of the state voting in a referendum thereon.
(2) Homestead exemption from ad valorem taxation levied by local taxing jurisdictions may be granted by local law conditioned upon approval by a majority of the qualified electors residing within the limits of the local taxing jurisdiction voting in a referendum thereon.
(3) Laws subject to the requirement of a referendum as provided in this subparagraph (a) may originate in either the Senate or the House of Representatives.
(4) The requirements of this subparagraph (a) shall not apply with respect to a law which codifies or recodifies an exemption previously authorized in the Constitution of 1976 or an exemption authorized pursuant to this Constitution.
(b) The grant of any exemption from ad valorem taxation shall be subject to the conditions, limitations, and administrative procedures specified by law.
Paragraph III. Exemptions which may be authorized locally. (a)(l) The governing authority of any county or municipality, subject to the approval of a majority of the qualified electors of such political subdivision voting in a referendum thereon, may exempt from ad valorem taxation, including all such taxation levied for education purposes and for state purposes, inventories of goods in the process of manufacture or production, and inventories of finished goods.
318
JOURNAL OF THE SENATE
(2) Exemptions granted pursuant to this subparagraph (a) may only be revoked by a referendum election called and conducted as provided by law. The call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of the election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a fiveyear period from the date of such referendum.
(3) The implementation, administration, and revocation of the exemptions authorized in this subparagraph (a) shall be provided for by law. Until otherwise provided by law, the grant of the exemption shall be subject to the same conditions, limitations, definitions, and procedures provided for the grant of such exemption in the Constitution of 1976 on June 30, 1983.
(b) That portion of Article VII, Section I. Paragraph IV of the Constitution of 1976 which authorized local exemptions for certain property used in solar energy heating or cooling systems and in the manufacture of such systems is adopted by this reference as a part of this Constitution as completely as though incorporated in this Paragraph verbatim. This subparagraph (b) is repealed effective July 1, 1986.
Paragraph IV. Current property tax exemptions preserved. Those types of exemptions from ad valorem taxation provided for by law on June 30, 1983, are hereby continued in effect as statutory law until otherwise provided for by law.
SECTION III.
PURPOSES AND METHOD OF STATE TAXATION
Paragraph I. Taxation; purposes for which powers may be exercised, (a) Except as otherwise provided in this Constitution, the power of taxation over the whole state may be exercised for any purpose authorized by law. Any purpose for which the powers of taxation over the whole state could have been exercised on June 30, 1983, shall continue to be a purpose for which such powers may be exercised.
(b) Subject to conditions and limitations as may be provided by law, the power of taxation may be exercised to make grants for tax relief purposes to persons for sales tax paid and not otherwise reimbursed on prescription drugs. Credits or relief provided hereunder may be limited only to such reasonable classifications of taxpayers as may be specified by law.
(c) Subject to conditions and limitations as may be provided by law, the power of taxation may be exercised to make grants for tax relief purposes. Any law authorizing any such grants may provide for reasonable, maximum credits or relief for qualified taxpayers.
Paragraph II. Revenue to be paid into general fund, (a) Except as otherwise provided in this Constitution, all revenue collected from taxes, fees, and assessments for state purposes, as authorized by
FRIDAY, SEPTEMBER 11, 1981
319
revenue measures enacted by the General Assembly, and all interest earned on such revenue shall be paid into the general fund of the state treasury.
(b)(l) As authorized by law providing for the promotion of any one or more types of agricultural products, fees, assessments, and other charges collected on the sale or processing of agricultural products need not be paid into the general fund of the state treasury. The uniformity requirement of this article shall be satisfied by the application of the agricultural promotion program upon the affected products.
(2) As used in this subparagraph, "agricultural products" includes, but is not limited to, registered livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forests of this state.
Paragraph III. Grants to counties and municipalities. State funds may be granted to counties and municipalities within the state. The grants authorized by this Paragraph shall be made in such manner and form and subject to the procedures and conditions specified by law. The law providing for any such grant may limit the purposes for which the grant funds may be expended.
SECTION IV.
STATE DEBT
Paragraph I. Purposes for which debt may be incurred. The state may incur:
(a) Public debt without limit to repel invasion, suppress insurrection, and defend the state in time of war.
(b) Public debt to supply a temporary deficit in the state treasury in any fiscal year created by a delay in collecting the taxes of that year. Such debt shall not exceed, in the aggregate, 5 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which such debt is incurred. The debt incurred shall be repaid on or before the last day of the fiscal year in which it is incurred out of taxes levied for that fiscal year. No such debt may be incurred in any fiscal year under the provisions of this subparagraph (b) if there is then outstanding unpaid debt from any previous fiscal year which was incurred to supply a temporary deficit in the state treasury.
(c) General obligation debt to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, its agencies, departments, institutions, and of those state authorities which were created and activated prior to November 8, 1960.
(d) General obligation debt to provide educational facilities for county and independent school systems and, when the construction
320
JOURNAL OF THE SENATE
of such educational facilities has been completed, the title to such educational facilities shall be vested in the respective local boards of education for which such facilities were constructed.
(e) Guaranteed revenue debt by guaranteeing the payment of revenue obligations issued by an instrumentality of the state if such revenue obligations are issued to finance:
(1) Toll bridges or toll roads.
(2) Land public transportation facilities or systems.
(3| Water facilities or systems.
(4) Sewage facilities or systems.
(5) Loans to, and loan programs for, citizens of the state for educational purposes.
Paragraph II. State general obligation debt and guaranteed revenue debt; limitations. (a| As used in this Paragraph and Paragraph III of this section, "annual debt service requirements" means the total principal and interest coming due in any state fiscal year. With regard to any issue of debt incurred wholly or in part on a term basis, "annual debt service requirements" means an amount equal to the total principal and interest payments required to retire such issue in full divided by the number of years from its issue date to its maturity date.
(b) No debt may be incurred under subparagraphs (c), (d), and (e) of Paragraph I of this section or Paragraph V of this section at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current year or any subsequent fiscal year of the state under all contracts then in force to which the provisions of the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of 1976 are applicable, exceed 10 percent of the total revenue receipts, less refunds of the state treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred.
(c) No debt may be incurred under subparagraphs (c) and jd) of Paragraph I of this section at any time when the term of the debt is in excess of 25 years.
jd) No guaranteed revenue debt may be incurred to finance water or sewage treatment facilities or systems when the highest aggregate annual debt service requirements for the then current year or any subsequent fiscal year of the state for outstanding or proposed guaranteed revenue debt for water facilities or systems or sewage facilities or systems exceed 1 percent of the total revenue receipts less refunds, of the state treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred.
FRIDAY, SEPTEMBER 11, 1981
321
(e) The aggregate amount of guaranteed revenue debt incurred to make loans for educational purposes that may be outstanding at any time shall not exceed $18 million, and the aggregate amount of guaranteed revenue debt incurred to purchase, or to lend or deposit against the security of, loans for educational purposes that may be outstanding at any time shall not exceed $72 million.
Paragraph III. State general obligation debt and guaranteed revenue debt; conditions upon issuance; sinking funds and reserve funds. (a)(l) General obligation debt may not be incurred until legislation is enacted stating the purposes, in general or specific terms, for which such issue of debt is to be incurred, specifying the maximum principal amount of such issue and appropriating an amount at least sufficient to pay the highest annual debt service requirements for such issue. All such appropriations for debt service purposes shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred, but the General Assembly may repeal any such appropriation at any time prior to the incurring of such debt. The General Assembly shall raise by taxation and appropriate each fiscal year, in addition to the sum necessary to make all payments required under contracts entitled to the protection of the second paragraph of Paragraph I(a), Section VI, Article IX of the Constitution of 1976, such amounts as are necessary to pay debt service requirements in such fiscal year on all general obligation debt incurred pursuant to this section.
(2|(A) The General Assembly shall appropriate to a special trust fund to be designated "State of Georgia General Obligation Debt Sinking Fund" such amounts as are necessary to pay annual debt service requirements on all general obligation debt incurred under this section. The sinking fund shall be used solely for the retirement of general obligation debt payable from the fund. If for any reason the monies in the sinking fund are insufficient to make, when due, all payments required with respect to such general obligation debt, the first revenues thereafter received in the general fund of the state shall be set aside by the appropriate state fiscal officer to the extent necessary to cure the deficiency and shall be deposited by the fiscal officer into the sinking fund. The appropriate state fiscal officer may be required to set aside and apply such revenues at the suit of any holder of any general obligation debt incurred under this section.
(B) The obligation to make sinking fund deposits as provided in subparagraph (2)(A) shall be subordinate to the obligation imposed upon the fiscal officers of the state pursuant to the provisions of the second paragraph of Paragraph I(a) of Section VI of Article IX of the Constitution of 1976.
(b)(l) Guaranteed revenue debt may not be incurred until legislation has been enacted authorizing the guarantee of the specific issue of revenue obligations then proposed, reciting that the General Assembly has determined such obligations will be self-liquidating over the life of the issue (which determination shall be conclusive), specifying the maximum principal amount of such issue and appropriating an amount at least equal to the highest annual debt service requirements for such issue.
322
JOURNAL OF THE SENATE
(2)(A) Each appropriation made for the purposes of subparagraph (b)(l) shall be paid upon the issuance of said obligations into a special trust fund to be designated "State of Georgia Guaranteed Revenue Debt Common Reserve Fund" to be held together with all other sums similarly appropriated as a common reserve for any payments which may be required by virtue of any guarantee entered into in connection with any issue of guaranteed revenue obligations. No appropriations for the benefit of guaranteed revenue debt shall lapse unless repealed prior to the payment of the appropriation into the common reserve fund.
(B) If any payments are required to be made from the common reserve fund to meet debt service requirements on guaranteed revenue obligations by virtue of an insufficiency of revenues, the amount necessary to cure the deficiency shall be paid from the common reserve fund by the appropriate state fiscal officer. Upon any such payment, the common reserve fund shall be reimbursed from the general funds of the state within ten days following the commencement of any fiscal year of the state for any amounts so paid; provided, however, the obligation to make any such reimbursements shall be subordinate to the obligation imposed upon the fiscal officers of the state pursuant to the second paragraph of Paragraph I(a) of Section VI, Article IX of the Constitution of 1976 and shall also be subordinate to the obligation to make sinking fund deposits for the benefit of general obligation debt. The appropriate state fiscal officer may be required to apply such funds as provided in this subparagraph(b)(2)(B) at the suit of any holder of any such guaranteed revenue obligations.
(C) The amount to the credit of the common reserve fund shall at all times be at least equal to the aggregate highest annual debt service requirements on all outstanding guaranteed revenue obligations entitled to the benefit of the fund. If at the end of any fiscal year of the state the fund is in excess of the required amount, the appropriate state fiscal officer, as designated by law, shall transfer the excess amount to the general funds of the state free of said trust.
(c) The funds in the general obligation debt sinking fund and the guaranteed revenue debt common reserve fund shall be as fully invested as is practicable, consistent with the requirements to make current principal and interest payments. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States government, maturing no longer than 12 months from date of purchase.
Paragraph IV. Certain contracts prohibited. The state, and all state institutions, departments and agencies of the state are prohibited from entering into any contract, except contracts pertaining to guaranteed revenue debt, with any public agency, public corporation, authority, or similar entity if such contract is intended to constitute security for bonds or other obligations issued by any such public agency, public corporation, or authority and, in the event any contract between the state, or any state institution, department or agency of the state and
FRIDAY, SEPTEMBER 11, 1981
323
public corporation, authority or similar entity, or any revenues from any such contract, is pledged or assigned as security for the repayment of bonds or other obligations, then and in either such event, the appropriation or expenditure of any funds of the state for the payment of obligations under any such contract shall likewise be prohibited.
Paragraph V. Refunding of debt. The state may incur general obligation debt or guaranteed revenue debt to fund or refund any such debt or to fund or refund any obligations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I(a), Section VI, Article IX of the Constitution of 1976 are applicable. The issuance of any such debt for the purposes of said funding or refunding shall be subject to the 10 percent limitation in Paragraph II(b)(l) of this section to the same extent as debt incurred under Paragraph I of this section; provided, however, in making such computation the annual debt service requirements and annual contract payments remaining on the debt or obligations being funded or refunded shall not be taken into account. The issuance of such debt may be accomplished by resolution of the Georgia State Financing and Investment Commission without any action on the part of the General Assembly and any appropriation made or required to be made with respect to the debt or obligation being funded or refunded shall immediately attach and inure to the benefit of the obligations to be issued in connection with such funding or refunding. Debt incurred in connection with any such funding or refunding shall be the same as that originally authorized by the General Assembly, except that general obligation debt may be incurred to fund or refund obligations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I(a), Section VI, Article IX of the Constitution of 1976 are applicable and the continuing appropriations required to be made under this Constitution shall immediately attach and inure to the benefit of the obligation to be issued in connection with such funding or refunding with the same force and effect as though said obligations so funded or refunded had originally been issued as a general obligation debt authorized hereunder. The term of a funding or refunding issue pursuant to this Paragraph shall not extend beyond the term of the original debt or obligation and the total interest on the funding or refunding issue shall not exceed the total interest to be paid on such original debt or obligation. The principal amount of any debt issued in connection with such funding or refunding may exceed the principal amount being funded or refunded to the extent necessary to provide for the payment of any premium thereby incurred.
Paragraph VI. Faith and credit of state pledged debt may be validated. The full faith, credit, and taxing power of the state are hereby pledged to the payment of all public debt incurred under this article and all such debt and the interest on the debt shall be exempt from taxation. Such debt may be validated by judicial proceedings in the manner provided by law. Such validation shall be incontestable and conclusive.
Paragraph VII. Georgia State Financing and Investment Commission; duties. There shall be a Georgia Financing and Investment Commission. The commission shall consist of the Governor, the President
324
JOURNAL OF THE SENATE
of the Senate, the Speaker of the House of Representatives, the State Auditor, the Attorney General, the director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, and the Commissioner of Agriculture. The commission shall be responsible for the issuance of all public debt and for the proper application, as provided by law, of the proceeds of such debt to the purposes for which it is incurred; provided, however, the proceeds from guaranteed revenue obligations shall be paid to the issuer thereof and such proceeds and the application thereof shall be the responsibility of such issuer. Debt to be incurred at the same time for more than one purpose may be combined in one issue without stating the purpose separately but the proceeds thereof must be allocated, disbursed and used solely in accordance with the original purpose and without exceeding the principal amount authorized for each purpose set forth in the authorization of the General Assembly and to the extent not so used shall be used to purchase and retire public debt. The commission shall be responsible for the investment of all proceeds to be administered by it and, as provided by law, the income earned on any such investments may be used to pay operating expenses of the commission or placed in a common debt retirement fund and used to purchase and retire any public debt, or any bonds or obligations issued by any public agency, public corporation or authority which are secured by a contract to which the provisions of the second paragraph of Paragraph I(a) of Section VI, Article IX of the Constitution of 1976 are applicable. The commission shall have such additional responsibilities, powers, and duties as are provided by law.
Paragraph VIII. State aid forbidden. Except as provided in this Constitution, the credit of the state shall not be pledged or loaned to any individual, company, corporation, or association. The state shall not become a joint owner or stockholder in or with any individual, company, association, or corporation.
Paragraph IX. Construction. Paragraphs I through VIII of this section are for the purpose of providing an effective method of financing the state's needs and their provisions and any law now or hereafter enacted by the General Assembly in furtherance of their provisions shall be liberally construed to effect such purpose. Insofar as any such provisions or any such law may be inconsistent with any other provisions of this Constitution or of any other law, the provisions of such Paragraphs and laws enacted in furtherance of such Paragraphs shall be controlling; provided, however, the provisions of such Paragraphs shall not be so broadly construed as to cause the same to be unconstitutional and in connection with any such construction such Paragraphs shall be deemed to contain such implied limitations as shall be required to accomplish the foregoing.
Paragraph X. Assumption of debts forbidden; exceptions. The state shall not assume the debt, or any part thereof, of any county, municipality, or other political subdivision of the state, unless such debt be contracted to enable the state to repel invasion, suppress civil disorders or insurrection, or defend itself in time of war.
Paragraph XI. Section not to unlawfully impair contracts or revive obligations previously voided. The provisions of this section shall not be construed so as to:
FRIDAY, SEPTEMBER 11, 1981
325
(a] Unlawfully impair the obligation of any contract in effect on June 30, 1983.
(b) Revive or permit the revival of the obligation of any bond or security declared to be void by the Constitution of 1976 or any previous Constitution of this state.
ARTICLE VIII.
EDUCATION
SECTION I.
PUBLIC EDUCATION
Paragraph I. Public education; free public education prior to college or postsecondary level; support by taxation. The provision of an adequate public education for the citizens shall be a primary obligation of the State of Georgia. Public education for the citizens prior to the college or postsecondary level shall be free and shall be provided for by taxation. The expense of other public education shall be provided for in such manner and in such amount as may be provided by law.
SECTION II.
STATE BOARD OF EDUCATION
Paragraph I. State Board of Education, (a) There shall be a State Board of Education which shall consist of one member from each congressional district in the state appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said board. The ten members in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. On the effective date of this Constitution, the Governor shall appoint two members to the board from the state at large. The terms of office of all members appointed after the effective date of this Constitution shall be for seven years. Members shall serve until their successors are appointed and qualified. In the event of a vacancy on the board by death, resignation, removal, or any reason other than expiration of a member's term, the Governor shall fill such vacancy; and the person so appointed shall serve until confirmed by the Senate and, upon confirmation, shall serve for the unexpired term of office.
(b) The State Board of Education shall have such powers and duties as provided by law.
(c) The State Board of Education may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of the state educational system.
jd] The qualifications, compensation, and removal from office of the members of the board of education shall be as provided by law.
326
JOURNAL OF THE SENATE
SECTION III.
STATE SCHOOL SUPERINTENDENT
Paragraph I. State School Superintendent. There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which such member shall have been approved.
SECTION IV.
BOARD OF REGENTS
Paragraph I. University System of Georgia; board of regents, (a) There shall be a Board of Regents of the University System of Georgia which shall consist of one member from each congressional district in the state and five additional members from the state at large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said board. The members in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for seven years. Members shall serve until their successors are appointed and qualified. In the event of a vacancy on the board by death, resignation, removal, or any reason other than the expiration of a member's term, the Governor shall fill such vacancy; and the person so appointed shall serve until confirmed by the Senate and, upon confirmation, shall serve for the unexpired term of office.
(b) The board of regents shall have the exclusive authority to create new public colleges, junior colleges, and universities in the State of Georgia, subject to approval by majority vote in the House of Representatives and the Senate. Such vote shall not be required to change the status of a college, institution or university existing on the effective date of this Constitution. The government, control, and management of the University System of Georgia and all of the institutions in said system shall be vested in the Board of Regents of the University System of Georgia.
(c) All appropriations made for the use of any or all institutions in the university system shall be paid to the board of regents in a lump sum, with the power and authority in said board to allocate and distribute the same among the institutions under its control in such way and manner and in such amounts as will further an efficient and economical administration of the university system.
(d) The board of regents may hold, purchase, lease, sell, convey, or otherwise dispose of public property, execute conveyances thereon, and utilize the proceeds arising therefrom and shall have such other powers and duties as provided by law.
FRIDAY, SEPTEMBER 11, 1981
327
(e| The board of regents may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of the University System of Georgia.
(f) The qualifications, compensation, and removal from office of the members of the board of regents shall be as provided by law.
SECTION V.
LOCAL SCHOOL SYSTEMS
Paragraph I. School systems continued; consolidation of school systems authorized; new independent school systems prohibited. Authority is granted to county and area boards of education to establish and maintain public schools within their limits. Existing county and independent school systems shall be continued, except that the General Assembly may provide by law for the consolidation of two or more county school systems, independent school systems, portions thereof, or any combination thereof into a single county or area school system under the control and management of a county or area board of education, under such terms and conditions as the General Assembly may prescribe; but no such consolidation shall become effective until approved by a majority of the qualified voters voting thereon in each separate school system proposed to be consolidated. No independent school system shall hereafter be established.
Paragraph II. Boards of education. Each school system shall be under the management and control of a board of education, the members of which shall be elected or appointed as provided by law. School board members shall reside within the territory embraced by the school system and shall have such compensation and additional qualifications as may be provided by law.
Paragraph III. School superintendents. There shall be a school superintendent of each system who shall be the executive officer of the board of education and shall have such qualifications, powers, and duties as provided by general law.
Paragraph IV. Changes in school boards and superintendent, (a) The composition of school boards, the term of office, and the methods of selecting board members and school superintendents, including whether elections shall be partisan or nonpartisan, shall be as provided by law applicable thereto on June 30, 1983, but may be changed thereafter only by local law, conditioned upon approval by a majority of the qualified voters voting thereon in the system affected.
(b) School systems which are authorized on June 30, 1983, to make the changes listed in subparagraph (a) of this Paragraph by local law without a referendum may continue to do so.
Paragraph V. Power of boards to contract with each other, (a) Any two or more boards of education may contract with each other for the care, education, and transportation of pupils and for such other activities as they may be authorized by law to perform.
328
JOURNAL OF THE SENATE
(b) The General Assembly may provide by law for the sharing of facilities or services by and between local boards of education under such joint administrative authority as may be authorized.
Paragraph VI. Power of boards to accept bequests, donations, grants and transfers. The board of education of each school system may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of such system.
Paragraph VII. Special schools, (a) The General Assembly may provide by law for the creation of special schools in such areas as may require them and may provide for the participation of local boards of education in the establishment of such schools under such terms and conditions as it may provide; but no bonded indebtedness may be incurred nor a school tax levied for the support of special schools without the approval of a majority of the qualified voters voting thereon in each of the systems affected. Any special schools shall be operated in conformity with regulations of the State Board of Education pursuant to provisions of law. The state is authorized to expend funds for the support and maintenance of special schools in such amount and manner as may be provided by law.
(b) Nothing contained herein shall be construed to affect the authority of local boards of education or of the state to support and maintain special schools created prior to June 30, 1983.
SECTION VI.
LOCAL TAXATION FOR EDUCATION
Paragraph I. Local taxation for education, (a) The board of education of each school system shall annually certify to its fiscal authority or authorities a school tax not greater than 20 mills per dollar for the support and maintenance of education. Said fiscal authority or authorities shall annually levy said tax upon the assessed value of all taxable property within the territory served by said school system, provided that the levy made by an area board of education, which levy shall not be greater than 20 mills per dollar, shall be in such amount and within such limits as may be prescribed by local law applicable thereto.
(b) School tax funds shall be expended only for the support and maintenance of public schools, public vocational-technical schools, public education, and activities necessary or incidental thereto, including school lunch purposes.
(c) The 20 mill limitation provided for in subparagraph (a) of this Paragraph shall not apply to those school systems which are authorized on June 30, 1983, to levy a school tax in excess thereof.
(d) The method of certification and levy of the school tax provided for in subparagraph (a) of this Paragraph shall not apply to those systems that are authorized on June 30, 1983, to utilize a different method of certification and levy of such tax; but the General Assembly may by law require that such systems be brought into conformity with the method of certification and levy herein provided.
FRIDAY, SEPTEMBER 11, 1981
329
Paragraph II. Increasing or removing tax rate. The mill limitation in effect on June 30, 1983, for any school system may be increased or removed by action of the respective boards of education, but only after such action has been approved by a majority of the qualified voters voting thereon in the particular school system to be affected in the manner provided by law.
SECTION VII.
EDUCATIONAL ASSISTANCE
Paragraph I. Educational assistance programs authorized, (a) Pursuant to laws now or hereafter enacted by the General Assembly, public funds may be expended for any of the following purposes:
(1) To provide grants, scholarships, loans, or other assistance to students and to parents of students for educational purposes.
(2) To provide for a program of guaranteed loans to students and to parents of students for educational purposes and to pay interest, interest subsidies, and fees to lenders on such loans. The General Assembly is authorized to provide such tax exemptions to lenders as shall be deemed advisable in connection with such program.
(3) To match funds now or hereafter available for student assistance pursuant to any federal law.
(4) To provide grants, scholarships, loans, or other assistance to public employees for educational purposes.
(5) To provide for the purchase of loans made to students for educational purposes who have completed a program of study in a field in which critical shortages exist and for cancellation of repayment of such loans, interest, and charges thereon.
(b) Contributions made in support of any educational assistance program now or hereafter established under provisions of this section may be deductible for state income tax purposes as now or hereafter provided by law.
Paragraph II. Guaranteed revenue debt. Guaranteed revenue debt may be incurred to provide funds to make loans to students and to parents of students for educational purposes, to purchase loans made to students and to parents of students for educational purposes, or to lend or make deposits of such funds with lenders which shall be secured by loans made to students and to parents of students for educational purposes. Any such debt shall be incurred in accordance with the procedures and requirements of Article VII, Section IV of this Constitution.
Paragraph III. Public authorities. Public authorities or public corporations heretofore or hereafter created for such purposes shall be authorized to administer educational assistance programs and, in connection therewith, may exercise such powers as may now or hereafter be provided by law.
330
JOURNAL OF THE SENATE
Paragraph IV. Waiver of tuition. The Board of Regents of the University System of Georgia shall be authorized to establish programs allowing attendance at units of the University System of Georgia without payment of tuition or other fees, but the General Assembly may provide by law for the establishment or any such program for the benefit of elderly citizens of this state.
ARTICLE IX.
COUNTIES AND MUNICIPAL CORPORATIONS
SECTION I.
COUNTIES
Paragraph I. Counties a body corporate and politic. Each county shall be a body corporate and politic with such governing authority and with such powers and limitations as are provided in this Constitution and as provided by law. The governing authorities of the several counties shall remain as prescribed by law on June 30, 1983, until otherwise provided by law.
Paragraph II. Number of counties limited; county boundaries and county sites; county consolidation, (a) There shall not be more than 159 counties in this state.
(b) The metes and bounds of the several counties and the county sites shall remain as prescribed by law on June 30, 1983, unless changed under the operation of a general law.
(c) The General Assembly may provide by law for the consolidation of two or more counties into one or the division of a county and the merger of portions thereof into other counties under such terms and conditions as it may prescribe; but no such consolidation, division, or merger shall become effective unless approved by a majority of the qualified voters voting thereon in each of the counties proposed to be consolidated, divided, or merged.
Paragraph III. County officers; election; term; compensation, (a) The clerk of the superior court, judge of the probate court, sheriff, coroner, tax receiver, tax collector, and tax commissioner, where such office has replaced the tax receiver and tax collector, shall be elected by the qualified voters of their respective counties for terms of four years and shall have such qualifications, powers, and duties as provided by general law.
(b) County officers listed in subparagraph (a) of this Paragraph may be on a fee basis, salary basis, or fee basis supplemented by salary, in such manner as may be directed by law. Minimum compensation for said county officers may be established by the General Assembly by general law. Such minimum compensation may be supplemented by local law or, if such authority is delegated by local law, by action of the county governing authority.
FRIDAY, SEPTEMBER 11, 1981
331
(c) The General Assembly may consolidate the offices of tax receiver and tax collector into the office of tax commissioner.
Paragraph IV. Civil service systems. The General Assembly may by general law authorize the establishment by county governing authorities of civil service systems covering county employees or covering county employees and employees of the elected county officers.
Paragraph V. School tax collection reimbursement. The General Assembly may by general law require local boards of education to reimburse the governing authority of each county for the collection of school taxes, provided that any rate established may be reduced by local act.
SECTION II.
HOME RULE FOR COUNTIES AND MUNICIPALITIES
Paragraph I. Home rule for counties. The governing authority of each county shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, or local government for which no provision has been made by general law and which are not inconsistent with any local law applicable thereto. The General Assembly shall provide by general law for the procedures whereby local acts of the General Assembly relating to the property, affairs, or local government of a county may be amended or repealed by action of the county governing authority or by petition of a specified percentage of the voters of the county. This grant of authority shall not restrict the authority of the General Assembly by general law to define further this power or to broaden, limit, or otherwise regulate the exercise thereof.
Paragraph II. Home rule for municipalities. The General Assembly may provide by law for the self-government of municipalities and to that end is expressly given the authority to delegate its power so that matters pertaining to municipalities may be dealt with without the necessity of action by the General Assembly.
Paragraph III. Supplementary powers, (a) In addition to and supplementary of all powers possessed by or conferred upon any county, municipality, or any combination thereof, any county, municipality, or any combination thereof may exercise the following powers and provide the following services:
(1) Police and fire protection.
(2) Garbage and solid waste collection and disposal.
(3) Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control.
(4) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof.
332
JOURNAL OF THE SENATE
(5) Parks, recreational areas, programs, and facilities.
(6) Storm water and sewage collection and disposal systems.
(7) Development, storage, treatment, purification, and distribution of water.
(8) Public housing.
(9) Public transportation.
(10) Libraries, archives, and arts and sciences programs and facilities.
(11) Terminal and dock facilities and parking facilities.
(12) Codes, including building, housing, plumbing, and electrical codes.
(13) Air quality control.
(14) The power to maintain and modify heretofore existing retirement or pension systems, including such systems heretofore created by general laws of local application by population classification, and to continue in effect or modify other benefits heretofore provided as a part of or in addition to such retirement or pension systems and the power to create and maintain retirement or pension systems for any elected or appointed public officers and employees whose compensation is paid in whole or in part from county or municipal funds and for the beneficiaries of such officers and employees.
(b) Unless otherwise provided by law,
(1) No county may exercise any of the powers listed in subparagraph (a) of this Paragraph or provide any service listed therein inside the boundaries of any municipality or any other county except by contract with the municipality or county affected; and
(2) No municipality may exercise any of the powers listed in subparagraph (a) of this Paragraph or provide any service listed therein outside its own boundaries except by contract with the county or municipality affected.
(c) Nothing contained within this Paragraph shall operate to prohibit the General Assembly from enacting general laws relative to the subject matters listed in subparagraph (a) of this Paragraph or to prohibit the General Assembly by general law from regulating, restricting, or limiting the exercise of the powers listed therein; but it may not withdraw any such powers.
(d) Except as otherwise provided in subparagraph (b) of this Paragraph, the General Assembly shall act upon the subject matters listed in subparagraph (a) of this Paragraph only by general law.
FRIDAY, SEPTEMBER 11, 1981
333
Paragraph IV. Planning and zoning. The governing authority of each county and of each municipality exclusively may adopt plans and may exercise the power of zoning. This authorization shall not prohibit the General Assembly from enacting general laws establishing procedures for the exercise of such power.
Paragraph V. Eminent domain. The governing authority of each county and of each municipality may exercise the power of eminent domain for any public purpose.
Paragraph VI. Special districts. As hereinafter provided in this Paragraph, special districts may be created for the provision of local government services within such districts; and fees, assessments, and taxes may be levied and collected within such districts to pay, wholly or partially, the cost of providing such services therein and to construct and maintain facilities therefor. Such special districts may be created and fees, assessments, or taxes may be levied and collected therein by any one or more of the following methods:
|a) By general law which directly creates the districts.
(b| By general law which requires the creation of districts under conditions specified by such general law.
(c| By municipal or county ordinance or resolution, except that no such ordinance or resolution may supersede a law enacted by the General Assembly pursuant to subparagraph (a) or jb] of this Paragraph.
Paragraph VII. Community redevelopment. The General Assembly may authorize any county, municipality, or housing authority to undertake and carry out community redevelopment, which may include the sale or other disposition of property acquired by eminent domain to private enterprise for private uses.
Paragraph VIII. Limitation on the taxing power and contributions of counties, municipalities, and political subdivisions. The General Assembly shall not authorize any county, municipality, or other political subdivision of this state, through taxation, contribution, or otherwise, to appropriate money for or to lend its credit to any person or to any nonpublic corporation or association except for purely charitable purposes.
SECTION III.
INTERGOVERNMENTAL RELATIONS
Paragraph I. Intergovernmental contracts, (a) The state, or any institution, department, or other agency thereof, and any county, municipality, school district, or other political subdivision of the state may contract for any period not exceeding 50 years with each other or with any other public agency, public corporation, or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment; but such contracts must deal with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide.
334
JOURNAL OF THE SENATE
(b) Subject to such limitations as may be provided by general law, any county, municipality, or political subdivision thereof may, in connection with any contracts authorized in this Paragraph, convey any existing facilities or equipment to the state or to any public agency, public corporation, or public authority.
(c) Any county, municipality, or any combination thereof, may contract with any public agency, public corporation, or public authority for the care, maintenance, and hospitalization of its indigent sick and may as a part of such contract agree to pay for the cost of acquisition, construction, modernization, or repairs of necessary land, buildings, and facilities by such public agency, public corporation, or public authority and provide for the payment of such services and the cost to such public agency, public corporation, or public authority of acquisition, construction, modernization, or repair of land, buildings, and facilities from revenues realized by such county, municipality, or any combination thereof from any taxes authorized by this Constitution or revenues derived from any other source.
Paragraph II. Local government reorganization, (a) The General Assembly may provide by law for any matters necessary or convenient to authorize the consolidation of the governmental and corporate powers and functions vested in municipalities with the governmental and corporate powers and functions vested in a county or counties in which such municipalities are located; provided, however, that no such consolidation shall become effective unless separately approved by a majority of the qualified voters of the county or counties and of the municipality or municipalities located within such county or counties containing at least 10 percent of the population of the county in which located voting in such manner as may be prescribed in such law. Such law may provide procedures and requirements for the establishment of charter commissions to draft proposed charters for the consolidated government, and the General Assembly is expressly authorized to delegate its powers to such charter commissions for such purposes so that the governmental consolidation proposed by a charter commission may become effective without the necessity of further action by the General Assembly; or such law may require that the recommendation of any such charter commission be implemented by a subsequent local law.
(b) The General Assembly may provide by general law for alternatives other than governmental consolidation as authorized in subparagraph (a) above for the reorganization of county and municipal governments, including, but not limited to, procedures to establish a single governing body as the governing authority of a county and a municipality or municipalities located within such county or for the redistribution of powers between a county and a municipality or municipalities located within the county. Such law may require the form of governmental reorganization authorized by such law to be approved by the qualified voters directly affected thereby voting in such manner as may be required in such law.
(c) Nothing in this Paragraph shall be construed to limit the authority of the General Assembly to repeal municipal charters without a referendum.
FRIDAY, SEPTEMBER 11, 1981
335
SECTION IV.
TAXATION POWER OF COUNTY AND MUNICIPAL GOVERNMENTS
Paragraph I. Power of taxation, (a) Except as otherwise provided in this Paragraph, the governing authority of any county, municipality, or combination thereof may exercise the power of taxation as authorized by this Constitution or by general law.
(b] In the absence of general law:
(1) County governing authorities may be authorized by local law to levy and collect business and occupational license taxes and license fees only in the unincorporated areas of the counties. The General Assembly may provide that the revenues raised by such tax or fee be spent for the provision of services only in the unincorporated areas of the county.
(2) Municipal governing authorities may be authorized by local law to levy and collect taxes and fees in the corporate limits of the municipalities.
(c) The General Assembly may provide by law for the taxation of insurance companies on the basis of gross direct premiums received from insurance policies within the unincorporated areas of counties. The tax authorized herein may be imposed by the state or by counties or by the state for county purposes as may be provided by law. The General Assembly may further provide by law for the reduction, only upon taxable property within the unincorporated areas of counties, of the ad valorem tax millage rate for county or county school district purposes or for the reduction of such ad valorem tax millage rate for both such purposes in connection with imposing or authorizing the imposition of the tax authorized herein or in connection with providing for the distribution of the proceeds derived from the tax authorized herein.
Paragraph II. Power of expenditure. The governing authority of any county, municipality, or combination thereof may expend public funds to perform any public service or public function as authorized by this Constitution or by law or to perform any other service or function as authorized by this Constitution or by general law.
Paragraph III. Purposes of taxation; allocation of taxes. No levy need state the particular purposes for which the same was made nor shall any taxes collected be allocated for any particular purpose, unless otherwise provided by this Constitution or by law.
SECTION V.
LIMITATION ON LOCAL DEBT
Paragraph I. Debt limitations of counties, municipalities, and other political subdivisions. (a| The debt incurred by any county, municipality, or other political subdivision of this state, including
336
JOURNAL OF THE SENATE
debt incurred on behalf of any special district, shall never exceed 10 percent of the assessed value of all taxable property within such county, municipality, or political subdivision; and no such county, municipality, or other political subdivision shall incur any new debt without the assent of a majority of the qualified voters of such county, municipality, or political subdivision voting in an election held for that purpose as provided by law.
(b) Notwithstanding subparagraph (a) of this Paragraph, all local school systems which are authorized by law on June 30, 1983, to incur debt in excess of 10 percent of the assessed value of all taxable property therein shall continue to be authorized to incur such debt.
Paragraph II. Special district debt. Any county, municipality, or political subdivision of this state may incur debt on behalf of any special district created pursuant to Paragraph V of Section II of this article. Such debt may be incurred on behalf of such special district where the county, municipality, or other political subdivision shall have, at or before the time of incurring such debt, provided for the assessment and collection of an annual tax within the special district sufficient in amount to pay the principal of and interest on such debt within 30 years from the incurrence thereof; and no such county, municipality, or other political subdivision shall incur any debt on behalf of such special district without the assent of a majority of the qualified voters of such special district voting in an election held for that purpose as provided by law. No such county, municipality, or other political subdivision shall incur any debt on behalf of such special district in an amount which, when taken together with all other debt outstanding incurred by such county, municipality, or political subdivision and on behalf of any such special district, exceeds 10 percent of the assessed value of all taxable property within such county, municipality, or political subdivision. The proceeds of the tax collected as provided herein shall be placed in a sinking fund to be held on behalf of such special district and used exclusively to pay off the principal of and interest on such debt thereafter maturing. Such moneys shall be held and kept separate and apart from all other revenues collected and may be invested and reinvested as provided by law.
Paragraph III. Refunding of outstanding indebtedness. The governing authority of any county, municipality, or other political subdivision of this state may provide for the refunding of outstanding bonded indebtedness without the necessity of a referendum being held therefor, provided that neither the term of the original debt is extended nor the interest rate of the original debt is increased. The principal amount of any debt issued in connection with such refunding may exceed the principal amount being refunded in order to reduce the total principal and interest payment requirements over the remaining term of the original issue. The proceeds of the refunding issue shall be used solely to retire the original debt. The original debt refunded shall not constitute debt within the meaning of Paragraph I of this section; but the refunding issue shall constitute a debt such as will count against the limitation on debt measured by 10 percent of assessed value of taxable property as expressed in Paragraph I of this section.
FRIDAY, SEPTEMBER 11, 1981
337
Paragraph IV. Exceptions to debt limitations. Notwithstanding the debt limitations provided in Paragraph I of this section and without the necessity for a referendum being held therefor, the governing authority of any county, municipality, or other political subdivision of this state may, subject to the conditions and limitations as may be provided by general law:
(1) Accept and use funds granted by and obtain loans from the federal government or any agency thereof pursuant to conditions imposed by federal law.
(2) Incur debt, by way of borrowing from any person, corporation, or association as well as from the state, to pay in whole or in part the cost of property valuation and equalization programs for ad valorem tax purposes.
Paragraph V. Temporary loans authorized. The governing authority of any county, municipality, or other political subdivision of this state may incur debt by obtaining temporary loans in each year to pay expenses. The aggregate amount of all such loans shall not exceed 75 percent of the total gross income from taxes collected in the last preceding year. Such loans shall be payable on or before December 31 of the calendar year in which such loan is made. No such loan may be obtained when there is a loan then unpaid obtained in any prior year. No such county, municipality, or other political subdivision of this state shall incur in any one calendar year an aggregate of such temporary loans or other contracts, notes, warrants, or obligations for current expenses in excess of the total anticipated revenue for such calendar year.
Paragraph VI. Levy of taxes to pay bonds; sinking fund required. Any county, municipality, or other political subdivision of this state shall at or before the time of incurring bonded indebtedness provide for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt within 30 years from the incurring of such bonded indebtedness. The proceeds of this tax, together with any other moneys collected for this purpose, shall be placed in a sinking fund to be used exclusively for paying the principal of and interest on such bonded debt. Such moneys shall be held and kept separate and apart from all other revenues collected and may be invested and reinvested as provided by law.
Paragraph VII. Validity of prior bond issues. Any and all bond issues validated and issued prior to June 30, 1983, shall continue to be valid.
SECTION VI.
REVENUE BONDS
Paragraph I. Revenue bonds; general limitations. Any county, municipality, or other political subdivision of this state may issue revenue bonds as provided by general law. The obligation represented by revenue bonds shall be repayable only out of the revenue derived from the project and shall not be deemed to be a debt
338
JOURNAL OF THE SENATE
of the issuing political subdivision. No such issuing political subdivision shall exercise the power of taxation for the purpose of paying any part of the principal or interest of any such revenue bonds.
Paragraph II. Revenue bonds; special limitations. Where revenue bonds are issued by any county, municipality, or other political subdivision of this state in order to buy, construct, extend, operate, or maintain gas or electric generating or distribution systems and necessary appurtenances thereof and the gas or electric generating or distribution system extends beyond the limits of the county in which the municipality or other political subdivision is located, then its services rendered and property located outside said county shall be subject to taxation and regulation in the same manner as are privately owned and operated utilities.
Paragraph III. Development authorities. The development of trade, commerce, industry, and employment opportunities being a public purpose vital to the welfare of the people of this state, the General Assembly may create development authorities to promote and further such purposes or may authorize the creation of such an authority by any county or municipality or combination thereof under such uniform terms and conditions as it may deem necessary. The General Assembly may exempt from taxation development authority obligations, properties, activities, or income and may authorize the issuance of revenue bonds by such authorities which shall not constitute an indebtedness of the state within the meaning of Section V of this article.
Paragraph IV. Validation. The General Assembly shall provide for the validation of any revenue bonds authorized and shall provide that such validation shall thereafter be incontestable and conclusive.
Paragraph V. Validity of prior revenue bond issues. All revenue bonds issued and validated prior to June 30, 1983, shall continue to be valid.
ARTICLE X.
AMENDMENTS TO THE CONSTITUTION
SECTION I.
CONSTITUTION, HOW AMENDED
Paragraph I. Proposals to amend the Constitution; new Constitution. Amendment to this Constitution or a new Constitution may be proposed by the General Assembly or by a constitutional convention, as provided in this article. Only amendments which are of general and uniform applicability throughout the state shall be proposed, passed, or submitted to the people.
Paragraph II. Proposals by the General Assembly; submission to the people. A proposal by the General Assembly to amend this Constitution or to provide for a new Constitution shall originate as a resolution in either the Senate or the House of Representatives and, if
FRIDAY, SEPTEMBER 11, 1981
339
approved by two-thirds of the members to which each house is entitled in a roll-call vote entered on their respective journals, shall be submitted to the electors of the entire state at the next general election which is held in the even-numbered years. A summary of such proposal shall be prepared by the Attorney General, the Legislative Counsel, and the Secretary of State and shall be published in the official organ of each county and, if deemed advisable by the "Constitutional Amendments Publication Board," in not more than 20 other newspapers in the state designated by such board which meet the qualifications for being selected as the official organ of a county. Said board shall be composed of the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. Such summary shall be published once each week for three consecutive weeks immediately preceding the day of the general election at which such proposal is to be submitted. The language to be used in submitting a proposed amendment or a new Constitution shall be in such words as the General Assembly may provide in the resolution or, in the absence thereof, in such language as the Governor may prescribe. A copy of the entire proposed amendment or of a new Constitution shall be filed in the office of the judge of the probate court of each county and shall be available for public inspection; and the summary of the proposal shall so indicate. The General Assembly is hereby authorized to provide by law for additional matters relative to the publication and distribution of proposed amendments and summaries not in conflict with the provisions of this Paragraph.
If such proposal is ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such general election, such proposal shall become a part of this Constitution or shall become a new Constitution, as the case may be. Any proposal so approved shall take effect as provided in Paragraph VI of this article. When more than one amendment is submitted at the same time, they shall be so submitted as to enable the electors to vote on each amendment separately, provided that one or more new articles or related changes in one or more articles may be submitted as a single amendment.
Paragraph III. Repeal or amendment of proposal. Any proposal by the General Assembly to amend this Constitution or for a new Constitution may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative vote of two-thirds of the members to which each house is entitled in a roll-call vote entered on their respective journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted to the people.
Paragraph IV. Constitutional convention; how called. No convention of the people shall be called by the General Assembly to amend this Constitution or to propose a new Constitution, unless by the concurrence of two-thirds of the members to which each house of the General Assembly is entitled. The representation in said convention shall be based on population as near as practicable. A proposal by the convention to amend this Constitution or for a new Constitution shall be advertised, submitted to, and ratified by the people in the same
340
JOURNAL OF THE SENATE
manner provided for advertisement, submission, and ratification of proposals to amend the Constitution by the General Assembly. The General Assembly is hereby authorized to provide the procedure by which a convention is to be called and under which such convention shall operate and for other matters relative to such constitutional convention.
Paragraph V. Veto not permitted. The Governor shall not have the right to veto any proposal by the General Assembly or by a convention to amend this Constitution or to provide a new Constitution.
Paragraph VI. Effective date of amendments or of a new Constitution. Unless the amendment or the new Constitution itself or the resolution proposing the amendment or the new Constitution shall provide otherwise, an amendment to this Constitution or a new Constitution shall become effective on the first day of January following its ratification.
ARTICLE XL
MISCELLANEOUS PROVISIONS
SECTION I.
MISCELLANEOUS PROVISIONS
Paragraph I. Continuation of officers, boards, commissions, and authorities. (a| Except as otherwise provided in this Constitution, the officers of the state and all political subdivisions thereof in office on June 30, 1983, shall continue in the exercise of their functions and duties, subject to the provisions of laws applicable thereto and subject to the provisions of this Constitution.
(b) All boards, commissions, and authorities specifically named in the Constitution of 1976 which are not specifically named in this Constitution shall remain as statutory boards, commissions, and authorities; and all constitutional and statutory provisions relating thereto in force and effect on June 30, 1983, shall remain in force and effect as statutory law unless and until changed by the General Assembly.
Paragraph II. Preservation of existing laws; judicial review. All laws in force and effect on June 30, 1983, not inconsistent with this Constitution shall remain in force and effect; but such laws may be amended or repealed and shall be subject to judicial decision as to their validity when passed and to any limitations imposed by their own terms.
Paragraph III. Proceedings of courts and administrative tribunals confirmed. All judgments, decrees, orders, and other proceedings of the several courts and administrative tribunals of this state, heretofore made within the limits of their several jurisdictions, are hereby ratified and affirmed subject only to reversal or modification in the manner provided by law.
FRIDAY, SEPTEMBER 11, 1981
341
Paragraph IV. Continuation of certain constitutional amendments for a period of four years, (a) The following amendments to the Constitutions of 1877, 1945, and 1976 shall continue in force and effect as part of this Constitution until July 1, 1987, at which time said amendments shall be repealed and shall be deleted as a part of this Constitution, unless any such amendment shall be specifically continued in force and effect without amendment pursuant to the provisions of a local law enacted prior to July 1, 1987, with or without a referendum as provided by law: (1| amendments to the Constitution of 1877 and the Constitution of 1945 which were continued in force and effect as a part of the Constitution of 1976 pursuant to the provisions of Article XIII, Section I, Paragraph II of the Constitution of 1976 which are in force and effect on the effective date of this Constitution; (2| amendments to the Constitution of 1976 which were ratified as general amendments but which by their terms applied principally to a particular political subdivision or subdivisions which are in force and effect on the effective date of this Constitution; (3) amendments to the Constitution of 1976 which were ratified not as general amendments which are in force and effect on the effective date of this Constitution; and (4) amendments to the Constitution of 1976 of the type provided for in the immediately preceding two subparagraphs (2| and (3| of this Paragraph which were ratified at the same time this Constitution was ratified.
(b) Any amendment which is continued in force and effect after July 1, 1987, pursuant to the provisions of subparagraph (a) of this Paragraph shall be continued in force and effect as a part of this Constitution, except that such amendment may thereafter be repealed but may not be amended.
(c) All laws enacted pursuant to those amendments to the Constitution which are not continued in force and effect pursuant to subparagraph (a| of this Paragraph shall be repealed on July 1, 1987. All laws validly enacted on, before, or after July 1, 1987, and pursuant to the specific authorization of an amendment continued in force and effect pursuant to the provisions of subparagraph ja| of this Paragraph shall be legal, valid, and constitutional under this Constitution. Nothing in this subparagraph (c) shall be construed to revive any law not in force and effect on June 30, 1987.
(d) Notwithstanding the provisions of subparagraphs (a) and (b), the following amendments to the Constitutions of 1877 and 1945 shall be continued in force as a part of this Constitution: amendments to the Constitution of 1877 and the Constitution of 1945 which created port authorities and industrial areas and which were continued in force as a part of the Constitution of 1976 pursuant to the provisions of Article XIII, Section I, Paragraph II of the Constitution of 1976 and which are in force on the effective date of this Constitution.
Paragraph V. Special commission created. Amendment to the Constitution of 1976 which were determined to be general and which were submitted to and ratified by the people of the entire state at the same time this Constitution was ratified shall be incorporated and made a part of this Constitution as provided in this Paragraph. There
342
JOURNAL OF THE SENATE
is hereby created a commission to be composed of the Governor, the President of the Senate, the Speaker of the House of Representatives, the Attorney General, and the Legislative Counsel, which is hereby authorized and directed to incorporate such amendments into this Constitution at the places deemed most appropriate to the commission. The commission shall make only such changes in the language of this Constitution and of such amendments as are necessary to incorporate properly such amendments into this Constitution and shall complete its duties prior to July 1, 1983. The commission shall deliver to the Secretary of State this Constitution with those amendments incorporated therein, and such document shall be the Constitution of the State of Georgia. In order that the commission may perform its duties, this Paragraph shall become effective as soon as it has been officially determined that this Constitution has been ratified. The commission shall stand abolished upon the completion of its duties.
Paragraph VI. Effective date. Except as provided in Paragraph V of this section, this Constitution shall become effective on July 1, 1983; and, except as otherwise provided in this Constitution, all previous Constitutions and all amendments thereto shall thereupon stand repealed.
Section 2. The above proposed new Constitution of Georgia shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the proposed new Constitution be ratified as the [ ] NO Constitution of the State of Georgia?"
All persons desiring to vote in favor of ratifying the new Constitution shall vote "Yes." All persons desiring to vote against ratifying the new Constitution shall vote "No."
If such proposed new Constitution shall be ratified as provided in said Paragraph of the Constitution, it shall become the Constitution of the State of Georgia.
Senator Kidd of the 25th offered the following amendment: ARTICLE I.
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking in its entirety Paragraph IX of Section II of Article I, lines 19 through 26 on Page 7, and inserting in lieu thereof a new Paragraph IX to read as follows:
FRIDAY, SEPTEMBER 11, 1981
343
"Paragraph IX. Lotteries. All lotteries and the sale of lottery tickets are hereby prohibited, and such prohibition shall be enforced by penal laws. The General Assembly shall by law determine what constitutes a lottery and shall define such term; provided, however, that a nonprofit bingo game shall not be a lottery and shall be legal in this state; and provided, further, that the General Assembly may by law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games.''
On the adoption of the amendment, the yeas were 5, nays 34, and the amendment was lost.
ARTICLE I was adopted by unanimous consent.
ARTICLE II.
Senators Robinson of the 27th and Barnes of the 33rd offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by adding after line 20 on Page 11 the following Paragraph:
"Paragraph V. Public initiative. The General Assembly may provide by law for public initiative."
On the adoption of the amendment, Senator Bell of the 5th called for the yeas and nays; the call was sustained, and the vote was as follows:
Those voting in the affirmative were Senators:
Ballard Barnes Bell Bond Brannon Brantley Broun of 46th Cobb Coleman Coverdell Deal
Dean
Eldridge Engram Evans Fincher of 52nd Foster Garner Greene Horton Howard Hudson Kidd
Land Lester Littlefield Robinson Scott Stephens Sutton Tate Thompson Turner Tysinger
344
JOURNAL OF THE SENATE
Those voting in the negative were Senators:
Allgood Bowen Brown of 47th Bryant English
Fincherof 54th Gillis Holloway Kennedy McGill
Those not voting were Senators:
Barker Hill Hudgins
Starr Stumbaugh
McKenzie Reynolds Summers Timmons Walker
Trulock Wessels
On the adoption of the amendment offered by Senators Robinson of the 27th and Barnes of the 33rd, the yeas were 34, nays 15, and the amendment was adopted.
Senator Kidd of the 25th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by adding at the end of Section II of Article II, immediately following line 20 on Page 11, a new Paragraph V to read as follows:
"Paragraph V. Elected county and municipal officers. An elected county or municipal officer is hereby required to resign his office prior to qualifying for a federal elective office, an office in the General Assembly, a state-wide elective office, or any county or municipal office except the office he is occupying at the time of qualification."
On the adoption of the amendment, the yeas were 23, nays 12, and the amendment was adopted.
Senator Thompson of the 32nd offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by adding immediately following line 20 of Page 11 the following:
"Paragraph V. Sale of liquors on election days. The General Assembly shall by law forbid the sale of intoxicating drinks in this state or any political subdivision thereof on all days for the holding of any election in the area in which such election is held, during the hours of election, and prescribe punishment for any violation of the same."
FRIDAY, SEPTEMBER 11, 1981
345
On the adoption of the amendment, the yeas were 15, nays 25, and the amendment was lost.
ARTICLE II was adopted as amended by unanimous consent.
ARTICLE III.
Senator Holloway of the 12th, President Pro Tempore, assumed the Chair.
Senators Horton of the 17th and Engram of the 34th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking in its entirety Paragraph V of Section II of Article III, lines 22 through 34 on Page 13, which reads as follows:
"Paragraph V. Election and term of members, (a) The members of the General Assembly shall be elected by the qualified electors of their respective districts for a term of two years and shall serve until the time fixed for the convening of the next General Assembly.
(b] The members of the General Assembly in office on June 30, 1983, shall serve out the remainder of the terms to which elected.
(c) The first election for members of the General Assembly under this Constitution shall take place on Tuesday after the first Monday in November, 1984, and subsequent elections biennially on that day until the day of election is changed by law."
and inserting in lieu thereof a new Paragraph V to read as follows:
Paragraph V. Election and term of members, (a) The members of the House of Representatives shall be elected by the qualified electors of their respective districts for a term of two years and shall serve until the time fixed for the convening of the General Assembly in the year following the second year of such member's term of office.
(b) The members of the Senate shall be elected by the qualified electors of their respective districts for a term of four years and shall serve until the time fixed for the convening of the next General Assembly in the year following the fourth year of such member's term of office.
(c) The members of the General Assembly in office on June 30, 1983, shall serve out the remainder of the terms to which elected.
346
JOURNAL OF THE SENATE
(d) The first election for members of the General Assembly under this Constitution shall take place on Tuesday after the first Monday in November, 1984, and subsequent elections biennially on that day unless such date is changed by law, for the purpose of electing successors to members of the General Assembly whose term of office expires at the convening of the next General Assembly."
By striking in its entirety subparagraph (a| of Paragraph I, lines 4 through 13 on Page 15, which reads as follows:
"(a) The General Assembly shall be a continuous body during the term for which members thereof are elected. The General Assembly shall meet in regular session on the second Monday in January of each year and may continue in session for a period of no longer than 40 days in the aggregate each year, excluding weekends. 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.'',
and inserting in lieu thereof a new subparagraph (a) to read as follows:
"(a) The Senate and the House of Representatives shall organize each odd- numbered year and shall be a different General Assembly for each two-year period. The General Assembly shall 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, excluding weekends. 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.''
On the adoption of the amendment, the yeas were 36, nays 2, and the amendment was adopted.
Senator Kidd of the 25th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by adding at the end of subparagraph (a) of Paragraph XIII of Section V of Article III, at the end of line 9 of Page 20, the following sentence:
"Notwithstanding any other provisions of this Paragraph, any local bill passed by the General Assembly and intended to have the effect of law which provides for a referendum election before it shall become effective shall not be subject to veto by the Governor."
FRIDAY, SEPTEMBER 11, 1981
347
On the adoption of the amendment, the yeas were 35, nays 2, and the amendment was adopted.
Senator Kidd of the 25th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking from subparagraph (b) of Paragraph XIII of Section V of Article III, on line 19 of Page 20, the following:
"within the first ten days of the next session'',
and inserting in lieu thereof the following:
"at the next session".
Senator Kidd of the 25th asked unanimous consent to withdraw his amendment, and the consent was granted.
Senator Kidd of the 25th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking on Page 20, line 19
"within the first ten days"
so it would read
"at the next session of the General Assembly".
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
Senator Kidd of the 25th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking in its entirety subparagraph (b) of Paragraph IV of Section VI of Article III, lines 9 through 15 on Page 23, and inserting in lieu thereof a new subparagraph (b) to read as follows:
"(b) Any population bill passed by the General Assembly after the effective date of this Constitution shall continue in force and effect for a period of 12 months, at which time said population bill shall stand repealed unless it is specifically continued in force and effect pursuant to the provisions of a local law enacted within 12 months after the effective date of such population bill."
348
JOURNAL OF THE SENATE
On the adoption of the amendment, the yeas were 20, nays 13, and the amendment was adopted.
Senator Robinson of the 27th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by inserting after the word "him" on line 2, Page 20, the following:
"by order of % of the membership of each house".
Senator Robinson of the 27th asked unanimous consent to withdraw his amendment, and the consent was granted.
ARTICLE III was adopted as amended by unanimous consent.
ARTICLE IV.
Senator Lester of the 23rd offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking from Article IV, Section II, paragraph II jc) (6) the words "sale, or possession" and substituting in lieu thereof the words ' 'or sale".
On the adoption of the amendment, the yeas were 32, nays 1, and the amendment was adopted.
Senator Reynolds of the 48th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking from Article IV, Section IV, Paragraph I, paragraph (a) the following:
"As each term of office expires, a successor shall be elected as herein provided. All such terms of members shall be for five years. Members shall serve until their successors are elected and qualified.",
as it appears on lines 20 through 24 on Page 35 and inserting in lieu thereof the following:
"The General Assembly shall provide by law the procedure for the election of members and for filling vacancies on the board. Members shall serve for terms of five years and until their successors are elected and qualified."
FRIDAY, SEPTEMBER 11, 1981
349
On the adoption of the amendment, the yeas were 33, nays 0, and the amendment was adopted.
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking lines 11 through 33 on Page 33 and lines 1 through 4 of Page 34, and renumbering the following sections.
Senator Barnes of the 33rd asked unanimous consent to withdraw his amendment and the consent was granted.
Senators Ballard of the 45th and Lester of the 23rd offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking from Article IV, Section II, Paragraph II (b) the words,
"to life imprisonment''.
On the adoption of the amendment, the yeas were 28, nays 10, and the amendment was adopted.
ARTICLE IV was adopted as amended by unanimous consent.
Senator Hill of the 29th introduced the doctor of the day, Dr. Rick Hearn, of LaGrange, Georgia.
ARTICLE V.
Senator Kidd of the 25th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking in its entirety Paragraph I of Section I of Article V, lines 5 through 15 on Page 38, and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Governor: term of office; compensation and allowances. There shall be a Governor who shall hold office for a term of four years and until a successor shall be chosen and qualified. Persons holding the office of Governor may not succeed themselves. Persons who have held the office of Governor shall
350
JOURNAL OF THE SENATE
not again be eligible to be elected to that office until after the expiration of four years from the conclusion of their term as Governor. The compensation and allowances of the Governor shall be as provided by law."
On the adoption of the amendment, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Barker Bowen
Brannon Brantley Cobb Coverdell
Fincherof 54th Gillis Greene Hill
Horton Hudson Kidd Land
McGill Stephens Stumbaugh Sutton
Tate Timmons Turner Tysinger
Those voting in the negative were Senators:
Barnes Bell Bond Broun of 46th Brown of 47th Bryant Coleman Deal Dean
Eldridge English Engram Evans Fincher of 52nd Foster Garner Howard Kennedy
Lester Littlefield McKenzie Reynolds Robinson Scott Summers Thompson Walker
Those not voting were Senators:
Holloway (presiding) Hudgins
Starr Trulock
Wessels
On the adoption of the amendment offered by Senator Kidd of the 25th, the yeas were 24, nays 27, and the amendment was lost.
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by adding between lines 12 and 13 of Page 44 the following:
"Paragraph V. Great seal: what constitutes; custody; when affixed to instruments. The great seal of the state shall be deposited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly, and that now in use shall be the great seal of the state unless otherwise provided by law."
FRIDAY, SEPTEMBER 11, 1981
351
On the adoption of the amendment, the yeas were 34, nays 0, and the amendment was adopted.
ARTICLE V was adopted as amended by unanimous consent.
Senator Holloway of the 12th, President Pro Tempore, who was presiding, announced that the Senate would stand in recess from 12:05 o'clock P.M. until 1:00 o'clock P.M.
At 1:00 o'clock P.M., Senator Holloway of the 12th, President Pro Tempore, called the Senate to order.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has rejected the report of the First Committee of Conference and has appointed a Second Committee of Conference on the following bill of the Senate:
SB 2 EX By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
The Speaker has appointed on the part of the House the following members thereof:
Representatives Wilson of the 19th, Ham of the 80th, and Godbee of the 82nd.
The Senate continued its consideration of HR 4 EX.
ARTICLE VI.
Senator Timmons of the 11th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by adding on line 24 of Page 47 after the following:
"juvenile court.",
352
JOURNAL OF THE SENATE
the following:
"The General Assembly shall provide by law that the judge of the probate court may also serve as the judge of the magistrate court."
On the adoption of the amendment offered by Senator Timmons of the llth, Senator Barnes of the 33rd called for the yeas and nays; the call was sustained, and the vote was as follows:
Those voting in the affirmative were Senators:
Barker Brannon Brown of 47th Bryant Coleman Deal Dean Engram
Fincherof 54th Foster Gillis Horton Kennedy Kidd Lester McGill
Reynolds Stephens Summers Tate Thompson Timmons Turner Wessels
Those voting in the negative were Senators:
Barnes Bell Brantley
Coverdell Garner
Greene Stumbaugh
Those not voting were Senators:
Allgood Ballard Bond Bowen Broun of 46th Cobb Eldridge English Evans
Fincherof 52nd Hill Holloway (presiding) Howard Hudgins Hudson Land Littlefield
McKenzie Robinson Scott Starr Sutton Trulock Tysinger Walker
On the adoption of the amendment offered by Senator Timmons of the llth, the yeas were 24, nays 7, and the amendment was adopted.
Senator Deal of the 49th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking line 16 through line 20 of Page 49 and inserting in lieu thereof the following:
FRIDAY, SEPTEMBER 11, 1981
353
"Paragraph VII. 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 impleaded into a pending civil case by a defending party who contends that such person or entity is or may be liable to said defending party for all or part of the claim against said defending party.''
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
Senator Kidd offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking in its entirety Paragraph I (lines 27 through 31 on Page 49| of Section III, Article VI and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Jurisdiction of classes of courts of limited jurisdiction. The magistrate, juvenile, and state courts shall have uniform jurisdiction as provided by law. Original, exclusive, and general jurisdiction over the probate of wills, administration of estates, and guardianships shall be in the probate courts. Probate courts shall have jurisdiction to issue warrants, try cases, and impose sentences thereon in all misdemeanor cases arising under the traffic laws of the state in all counties of this state in which there is no state court, provided the defendant waives a jury trial. Under regulations prescribed by law, appeals from the decision of the probate court may be made to the superior court and, by consent of the parties, appeals of cases filed in but not decided by the probate court may be made to the superior court. Probate courts shall also have such additional jurisdiction as now or hereafter provided by law, without respect to uniformity.''
On the adoption of the amendment offered by Senator Kidd of the 25th, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows:
Those voting in the affirmative were Senators:
Ballard Brannon Brown of 47th Bryant Cobb Dean Eldridge English Engram Fincherof 54th
Foster Gillis Greene Hill Horton Hudson Kennedy Kidd Littlefield McGill
Reynolds Robinson Scott Stephens Tate Thompson Timmons Turner Wessels
354
JOURNAL OF THE SENATE
Those voting in the negative were Senators:
Barker Barnes Bell Bond Brantley Broun of 46th Coleman
Coverdell Deal Evans Fincher of 52nd Garner Howard
Those not voting were Senators:
Allgood
Bowen Holloway (presiding)
Hudgins
McKenzie Summers
Land Lester Starr Stumbaugh Sutton Tysinger
Trulock Walker
On the adoption of the amendment offered by Senator Kidd of the 25th, the yeas were 29, nays 19, and the amendment was adopted.
Senators Barnes of the 33rd and Allgood of the 22nd offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking all of Paragraph VII from lines 22 through 26 of Page 52 and inserting in lieu thereof the following:
"Paragraph VII. Admission to State Bar of Georgia; discipline of attorneys. The Supreme Court shall by rule govern admission to the State Bar of Georgia and the discipline of attorneys.''
Senator Barnes of the 33rd asked unanimous consent to withdraw the amendment offered by Senators Barnes of the 33rd and Allgood of the 22nd; the consent was granted.
Senators Greene of the 26th and Barnes of the 33rd offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by deleting lines 22 through 26, Page 52, Paragraph VII, Section VI, Article VI.
On the adoption of the amendment, the yeas were 34, nays 2, and the amendment was adopted.
FRIDAY, SEPTEMBER 11, 1981
355
Senator Thompson of the 32nd offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking on lines 30 and 31 on Page 52 the following:
"on a nonpartisan basis",
and
By striking on Page 53, line 1, the following:
"on a nonpartisan basis."
On the adoption of the amendment, the yeas were 18, nays 26, and the amendment was lost.
Senator Kidd of the 25th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by adding in Paragraph I of Section VII of Article VI on line 6 of Page 53, immediately preceding the word "law", the following word:
"local".
On the adoption of the amendment, the yeas were 35, nays 2, and the amendment was adopted.
The President resumed the Chair.
Senator Land of the 16th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking from lines 20 through 26 all of Paragraphs III and IV of Section VII of Article VI and inserting in lieu thereof the following:
"Paragraph III. Vacancies filled by special election. If more than one year of an unexpired term of a Justice of the Supreme Court, a Judge of the Court of Appeals, a superior court judge, or a state court judge remains at the time a vacancy occurs, then the vacancy shall be filled by a special election.
Paragraph IV. Vacancies filled by appointment. If less than one year of an unexpired term of a Justice of the Supreme Court, a Judge of the Court of Appeals, a superior court judge, or a state court judge remains at the time a vacancy occurs, then the vacancy shall be filled by appointment of the Governor."
356
JOURNAL OF THE SENATE
On the adoption of the amendment offered by Senator Land of the 16th, Senator Land of the 16th called for the yeas and nays; the call was sustained, and the vote was as follows:
Those voting in the affirmative were Senators:
Ballard Brannon Brantley Coverdell English Gillis Greene
Horton Hudson Kennedy Kidd Land Littlefield
McGill Stephens Stumbaugh Sutton Tysinger Walker
Those voting in the negative were Senators:
Allgood Barker Barnes Bond Bowen Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean
Eldridge Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Hill Holloway Howard Lester
Those not voting were Senators:
Bell
Hudgins
McKenzie Reynolds Robinson Scott Starr Summers Tate Thompson Timmons Turner Wessels
Trulock
On the adoption of the amendment offered by Senator Land of the 16th, the yeas were 19, nays 34, and the amendment was lost.
Senators Littlefield of the 6th and Barnes of the 33rd offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by adding on Page 55, line 28, Paragraph II, Section VIII, Article VI, between the words "by" and "law" the word
"general"
so that, when amended, it shall read
"by general law."
FRIDAY, SEPTEMBER 11, 1981
357
On the adoption of the amendment, the yeas were 35, nays 0, and the amendment was adopted.
Senator Scott of the 43rd offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by deleting everything after "facilities." on line 22 of Page 56 and deleting lines 23 and 24 in their entirety, and by adding on line 21 after the word "fund" the words "as it deems adequate".
Senator Greene of the 26th moved that the amendment offered by Senator Scott of the 43rd be printed.
On the motion, the yeas were 26, nays 3; the motion prevailed, and the amendment offered by Senator Scott of the 43rd was ordered printed.
On the adoption of the amendment offered by Senator Scott of the 43rd, the yeas were 34, nays 0, and the amendment was adopted.
ARTICLE VI was adopted as amended by unanimous consent.
Senator Holloway of the 12th, President Pro Tempore, resumed the Chair.
ARTICLE VII.
Senator Ballard of the 45th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by adding on Page 59, line 16 between the word "at" and the number "75" the following:
"not less than"
and
By striking the symbol ":" on Page 59, line 21 and adding the following:
",but not limited to:"
On the adoption of the amendment offered by Senator Ballard of the 45th, Senator Ballard of the 45th called for the yeas and nays; the call was not sustained.
358
JOURNAL OF THE SENATE
On the adoption of the amendment, the yeas were 7, nays 34, and the amendment was lost.
Senators Kidd of the 25th and Stephens of the 36th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking in their entirety subparagraphs (C) and (D), lines 12 through 34 on Page 59, which read as follows:
"(C) Agricultural land, not to exceed 2,000 acres for any owner thereof, which is used for bona fide agricultural purposes. Such property shall be assessed for ad valorem tax purposes at 75 percent of the level at which other tangible property is assessed. The General Assembly shall provide by law minimum conditions under which property may qualify for this special classification, including:
(i) A definition of ' 'bona fide agricultural purposes'';
(ii) A definition of "ownership";
(iii) Ownership restrictions;
(iv) A covenant with the appropriate taxing authority to maintain the eligible property in qualified agricultural use for a period of not less than ten years with penalties for the breach thereof.
(D) Real property owned and occupied as a primary place of residence by citizens of this state who are age 65 or older."
On the adoption of the amendment offered by Senators Kidd of the 25th and Stephens of the 36th, Senator English of the 21st called for the yeas and nays; the call was sustained, and the vote was as follows:
Those voting in the affirmative were Senators:
Barnes Bell Brantley
Coleman
Coverdell Evans Land
Reynolds Stephens Tysinger
Those voting in the negative were Senators:
Allgood Barker Bond Bowen Brannon
Broun of 46th Brown of 47th Bryant Cobb Deal
Dean Eldridge English Engram Fincher of 52nd
FRIDAY, SEPTEMBER 11, 1981
359
Fincher of 54th Foster Garner Gillis Greene Hill Horton Howard Kennedy
Kidd Lester Littlefield McGill McKenzie Robinson Scott Starr
Those not voting were Senators:
Ballard Holloway (presiding)
Hudgins Hudson
Stumbaugh Sutton Tate Thompson Timmons Turner Walker Wessels
Summers Trulock
On the adoption of the amendment offered by Senators Kidd of the 25th and Stephens of the 36th, the yeas were 10, nays 40, and the amendment was lost.
Senators Kidd of the 25th and Stephens of the 36th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking in its entirety subparagraph (d) of Paragraph III of Section I of Article VII, lines 13 through 16 on Page 60, which reads as follows:
"(d) The General Assembly may provide by law for the appraisal of a homestead on the basis of value for existing use, notwithstanding the fact that other classes of property may be appraised on some other basis."
Senator Stephens of the 36th asked unanimous consent to withdraw the amendment offered by Senators Kidd of the 25th and Stephens of the 36th; the consent was granted.
The President resumed the Chair.
ARTICLE VII was adopted by unanimous consent.
ARTICLE VIII.
Senator Barnes of the 33rd offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking from lines 24, 25 and 26 on Page 75 the sentence beginning with "On the" and ending with the words ' 'state at large".
360
JOURNAL OF THE SENATE
On the adoption of the amendment, the yeas were 32, nays 0, and the amendment was adopted.
Senator Kidd of the 25th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking from line 7 of Page 77 the word and number "seven" and inserting in lieu thereof the word and number "four".
On the adoption of the amendment, the yeas were 14, nays 31, and the amendment was lost.
Senator Kidd of the 25th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking in its entirety subparagraph (a) of Paragraph I of Section IV of Article VIII, beginning on line 28 of Page 76 and continuing through line 14 of Page 77, and inserting in lieu thereof a new subparagraph (a) to read as follows:
"(a) There shall be a Board of Regents of the University System of Georgia which shall consist of one member from each congressional district in the state. The member of the board from each congressional district shall be elected by a majority vote of the members of the House of Representatives and the Senate whose respective districts are embraced within each congressional district meeting in caucus. 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, a successor shall be elected as provided herein and as provided by law. All such terms of members shall be for 4 years. Members shall serve until their successors are elected and qualified. The General Assembly shall by law prescribe the manner, time, and procedure for the election of members of the board and the manner of filling vacancies thereon."
Senator Kidd of the 25th asked unanimous consent to withdraw his amendment and the consent was granted.
Senator Kidd of the 25th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking from line 1 of Page 77 the word and number "five" and inserting in lieu thereof the word and number "two".
By striking from line 7 of Page 77 the word and number "seven" and inserting in lieu thereof the word and number "four''.
FRIDAY, SEPTEMBER 11, 1981
361
Senator Kidd of the 25th asked unanimous consent to withdraw his amendment and the consent was granted.
ARTICLE VIII was adopted as amended by unanimous consent.
ARTICLE IX.
Senators Deal of the 49th and Starr of the 44th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking all language appearing in lines 26 through 32 on Page 85 and all language appearing in lines 1 through 9 on Page 86 and substituting in lieu thereof the following:
"Paragraph I. Home rule for counties, (a) The governing authority of each county shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which is not inconsistent with this Constitution or any local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in subparagraph (b). This, however, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit, or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify, or supersede any action taken by a county governing authority under this section except as authorized under subparagraph (c) hereof.
(b) Except as provided in subparagraph (c), a county may, as an incident of its home rule power, amend or repeal the local acts applicable to its governing authority by following either of the procedures hereinafter set forth:
(1) Such local acts may be amended or repealed by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than 60 days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official county organ once a week for three weeks within a period of 60 days immediately preceding its final adoption. Such notice shall state that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for the purpose of examination and inspection by the public. The clerk of the superior court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. No amendment or repeal hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in (2) of this subparagraph or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such county unless at least 12
362
JOURNAL OF THE SENATE
months have elapsed after such referendum. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.
(2) Amendments to or repeals of such local acts or ordinances, resolutions, or regulations adopted pursuant to subparagraph (a] hereof may be initiated by a petition filed with the judge of the probate court of the county containing, in cases of counties with a population of 5,000 or less, the signatures of at least 25 percent of the electors registered to vote in the last general election; in cases of counties with a population of more than 5,000 but not more than 50,000, at least 20 percent of the electors registered to vote in the last general election; and, in cases of a county with a population of more than 50,000, at least 10 percent of the electors registered to vote in the last general election, which petition shall specifically set forth the exact language of the proposed amendment or repeal. The judge of the probate court shall determine the validity of such petition within 60 days of its being filed with the judge of the probate court. In the event the judge of the probate court determines that such petition is valid, it shall be his duty to issue the call for an election for the purpose of submitting such amendment or repeal to the registered electors of the county for their approval or rejection. Such call shall be issued not less than ten nor more than 60 days after the date of the filing of the petition. He shall set the date of such election for a day not less than 60 nor more than 90 days after the date of such filing. The judge of the probate court shall cause a notice of the date of said election to be published in the official organ of the county once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the judge of the probate court of the county for the purpose of examination and inspection by the public. The judge of the probate court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. If more than one-half of the votes cast on such question are for approval of the amendment or repeal, it shall become of full force and effect; otherwise, it shall be void and of no force and effect. The expense of such election shall be borne by the county, and it shall be the duty of the judge of the probate court to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the judge of the probate court to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State in accordance with the provisions of subparagraph (g) of this Paragraph. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.
In the event that the judge of the probate court determines that such petition was not valid, he shall cause to be published in explicit detail the reasons why such petition is not valid; provided, however, that, in any proceeding in which the validity of the peti-
FRIDAY, SEPTEMBER 11, 1981
363
tion is at issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county in the week immediately following the date on which such petition is declared to be not valid.
jc) The power granted to counties in subparagraphs (a) and (b) above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution:
(1) Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the county governing authority.
(2) Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation of the county governing authority.
(3) Action defining any criminal offense or providing for criminal punishment.
(4) Action adopting any form of taxation beyond that authorized by law or by this Constitution.
(5) Action extending the power of regulation over any business activity regulated by the Georgia Public Service Commission beyond that authorized by local or general law or by this Constitution.
(6) Action affecting the exercise of the power of eminent domain.
(7] Action affecting any court or the personnel thereof.
(8) Action affecting any public school system.
(d) The power granted in subparagraphs (a) and (b) of this Paragraph shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power.
(e) Nothing in subparagraphs (a), jb), (c|, or jd) shall affect the provisions of subparagraph (f) of this Paragraph.
jf) The governing authority of each county is authorized to fix the salary, compensation, and expenses of those employed by such governing authority and to establish and maintain retirement or pension systems, insurance, workers' compensation, and hospitalization benefits for said employees.
364
JOURNAL OF THE SENATE
(g) No amendment or revision of any local act made pursuant to subparagraph (b) of this section shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in said subparagraph has been filed with the Secretary of State. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually."
On the adoption of the amendment offered by Senators Deal of the 49th and Starr of the 44th, Senator Kidd of the 25th called for the yeas and nays; the call was sustained, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Barker Bell Bowen Brannon Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English
Engram Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Holloway Horton Kennedy Kidd Lester Littlefield McGill
Those voting in the negative were Senators:
Barnes Bond Brantley Broun of 46th
Coverdell Evans Greene
Those not voting were Senators:
Hudgins Hudson
Summers
McKenzie Reynolds Robinson Scott Starr Stephens Sutton Tate Thompson Timmons Turner Tysinger Walker Wessels
Howard Land Stumbaugh
Trulock
On the adoption of the amendment offered by Senators Deal of the 49th and Starr of the 44th, the yeas were 42, nays 10, and the amendment was adopted.
FRIDAY, SEPTEMBER 11, 1981
365
Senators Kidd of the 25th and Stephens of the 36th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking in its entirety Paragraph I of Section II of Article IX, beginning on line 26 of Page 85, which reads as follows:
"Paragraph I. Home rule for counties. The governing authority of each county shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, or local government for which no provisions has been made by general law and which are not inconsistent with any local law applicable thereto. The General Assembly shall provide by general law for the procedures whereby local acts of the General Assembly relating to the property, affairs, or local government of a county may be amended or repealed by action of the county governing authority or by petition of a specified percentage of the voters of the county. This grant of authority shall not restrict the authority of the General Assembly by general law to define further this power or to broaden, limit, or otherwise regulate the exercise thereof.",
and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Home rule for counties, (a) The governing authority of each county shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which is not inconsistent with this Constitution or any local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in subparagraph (b). This, however, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit, or otherwise regulate the exercise thereof. The General Assembly shall not pass any local law to repeal, modify, or supersede any action taken by a county governing authority under this section except as authorized under subparagraph (c) hereof.
jb) Except as provided in subparagraph (c), a county may, as an incident of its home rule power, amend or repeal the local acts applicable to its governing authority by following either of the procedures hereinafter set forth:
11) Such local acts may be amended or repealed by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than 60 days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official county organ once a week for three weeks within a period of 60 days immediately preceding its final adoption. Such notice shall state that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for the purpose of ex-
366
JOURNAL OF THE SENATE
amination and inspection by the public. The clerk of the superior court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. No amendment or repeal hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in (2) of this subparagraph or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such county unless at least 12 months have elapsed after such referendum. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.
(2) Amendments to or repeals of such local acts or ordinances, resolutions, or regulations adopted pursuant to subparagraph (a) hereof may be initiated by a petition filed with the judge of the probate court of the county containing, in cases of counties with a population of 5,000 or less, the signatures of at least 25 percent of the electors registered to vote in the last general election; in cases of counties with a population of more than 5,000 but not more than 50,000, at least 20 percent of the electors registered to vote in the last general election; and, in cases of a county with a population of more than 50,000, at least 10 percent of the electors registered to vote in the last general election, which petition shall specifically set forth the exact language of the proposed amendment or repeal. The judge of the probate court shall determine the validity of such petition within 60 days of its being filed with the judge of the probate court. In the event the judge of the probate court determines that such petition is valid, it shall be his duty to issue the call for an election for the purpose of submitting such amendment or repeal to the registered electors of the county for their approval or rejection. Such call shall be issued not less than ten nor more than 60 days after the date of the filing of the petition. He shall set the date of such election for a day not less than 60 nor more than 90 days after the date of such filing. The judge of the probate court shall cause a notice of the date of said election to be published in the official organ of the county once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the judge of the probate court of the county for the purpose of examination and inspection by the public. The judge of the probate court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. If more than one-half of the votes cast on such question are for approval of the amendment or repeal, it shall become of full force and effect; otherwise, it shall be void and of no force and effect. The expense of such election shall be borne by the county, and it shall be the duty of the judge of the probate court to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the judge of the probate court to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State in accordance with the provisions of subparagraph (g) of this Paragraph. A referendum on any such amendment or repeal shall not be held more often than once each year.
FRIDAY, SEPTEMBER 11, 1981
367
No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.
In the event that the judge of the probate court determines that such petition was not valid, he shall cause to be published in explicit detail the reasons why such petition is not valid; provided, however, that, in any proceeding in which the validity of the petition is at issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county in the week immediately following the date on which such petition is declared to be not valid.
(c) The power granted to counties in subparagraphs (a) and (b| above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution:
(1) Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the county governing authority.
(2) Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation of the county governing authority.
(3) Action defining any criminal offense or providing for criminal punishment.
(4) Action adopting any form of taxation beyond that authorized by law or by this Constitution.
(5) Action extending the power of regulation over any business activity regulated by the Georgia Public Service Commission beyond that authorized by local or general law or by this Constitution.
(6) Action affecting the exercise of the power of eminent domain.
(7) Action affecting any court or the personnel thereof.
(8) Action affecting any public school system.
(d) The power granted in subparagraphs (a) and (b| of this Paragraph shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power.
(e) Nothing in subparagraphs (a), (b), (c), or (d) shall affect the provisions of subparagraph (f) of this Paragraph.
368
JOURNAL OF THE SENATE
(f) The governing authority of each county is authorized to fix the salary, compensation, and expenses of those employed by such governing authority and to establish and maintain retirement or pension systems, insurance, workers' compensation, and hospitalization benefits for said employees.
{g) No amendment or revision of any local act made pursuant to subparagraph (b) of this section shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in said subparagraph has been filed with the Secretary of State. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually.''
Senator Kidd of the 25th asked unanimous consent to withdraw the amendment offered by Senators Kidd of the 25th and Stephens of the 36th; the consent was granted.
Senator Reynolds of the 48th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking the word "exclusively" on line 21, Page 88, Article IX, Section II, Paragraph IV.
And by adding the words "conditions and" between the words "establishing" and "procedures", on line 23, Page 88, Article IX, Section II, Paragraph IV.
On the adoption of the amendment, the yeas were 36, nays 0, and the amendment was adopted.
Senators Coverdell of the 40th, Howard of the 42nd and Greene of the 26th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking in its entirety Paragraph VII, lines 13 through 18 on Page 89, and inserting in lieu thereof a new Paragraph VII to read as follows:
"Paragraph VII. Community redevelopment, (a) The General Assembly may authorize any county, municipality, or housing authority to undertake and carry out community redevelopment, which may include the sale or other disposition or property acquired by eminent domain to private enterprise for private uses.
FRIDAY, SEPTEMBER 11, 1981
369
(b) In addition to the authority granted by subparagraph (a) of this Paragraph, the General Assembly is authorized to grant to counties or municipalities for redevelopment purposes and in connection with redevelopment programs, as such purposes and programs are defined by general law, the power to issue tax allocation bonds, as defined by such law, and the power to incur other obligations, without either such bonds or obligations constituting debt within the meaning of Section V of this article, and the power to enter into contracts for any period not exceeding 30 years with private persons, firms, corporations, and business entities. Notwithstanding the grant of these powers pursuant to general law, no county or municipality may exercise these powers unless so authorized by local law and unless such powers are exercised in conformity with those terms and conditions for such exercise as established by that local law. The provisions of any such local law shall conform to those requirements established by general law regarding such powers. No such local law, or any amendment thereto, shall become effective unless approved in a referendum by a majority of the qualified voters of the county or municipality directly affected by that local law.''
On the adoption of the amendment, the yeas were 30, nays 5, and the amendment was adopted.
Senator Dean of the 31st offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by adding on Page 89, line 27 a new Article IX, Section II, Paragraph IX to read as follows:
"Paragraph IX. Liability of Local Governments. Counties, municipalities and school boards shall enjoy the same immunity from suit as the state except as now or hereafter provided by law."
On the adoption of the amendment offered by Senator Dean of the 31st, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Ballard Bowen Brannon Cobb Deal Dean Eldridge
Foster Garner Gillis Hill Holloway Horton Kidd
McKenzie Stephens Sutton Thompson Timmons Turner Walker
370
JOURNAL OF THE SENATE
Those voting in the negative were Senators:
Allgood Barker Barnes Bell Bond Brantley Broun of 46th Brown of 47th Bryant Coleman Coverdell
English Engram Evans Fincherof 52nd Fincherof 54th Greene Howard Kennedy Land Lester Littlefield
Those not voting were Senators:
Hudgins
Hudson
McGill Reynolds Robinson Scott Starr Stumbaugh Summers Tate Tysinger Wessels
Trulock
On the adoption of the amendment offered by Senator Dean of the 31st, the yeas were 21, nays 32, and the amendment was lost.
Senator Hill of the 29th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by adding on Page 91, line 5 after the word "or" and before the word ' 'counties" the following:
"each of the".
On the adoption of the amendment, the yeas were 34, nays 4, and the amendment was adopted.
ARTICLE IX was adopted as amended by unanimous consent.
ARTICLE X was adopted by unanimous consent.
ARTICLE XI.
Senators Gillis of the 20th, Kennedy of the 4th and English of the 21st offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking 'on Page 103, line 2, the following:
"fora period of four years".
FRIDAY, SEPTEMBER 11, 1981
371
By striking from lines 5 through 11 of Page 103 the following:
"until July 1, 1987, at which time said amendments and laws enacted in pursuance thereof shall be repealed and said amendments shall be deleted as a part of this Constitution, unless any such amendment shall be specifically continued in force and effect without amendment pursuant to the provisions of a local law enacted prior to July 1, 1987, with or without a referendum as provided by law".
By striking all language appearing in lines 28 through 33 on Page 103 and all language appearing in lines 1 through 11 on page 104 and inserting in lieu thereof the following:
"(b) Those amendments continued in force and effect pursuant to subparagraph (a) of this Paragraph may not be amended after July 1, 1983, but may be repealed. Such amendments may only be repealed pursuant to a local Act, with or without a referendum as provided in that local Act.
(c) Any law validly enacted on, before, or after July 1, 1983, and pursuant to the specific authorization of an amendment continued in force and effect pursuant to subparagraph (a) of this Paragraph shall be legal, valid, and constitutional under this Constitution until the amendment, pursuant to which that law was enacted, is repealed as provided in subparagraph (b| of this Paragraph, at which time that law shall be repealed. Nothing in this subparagraph (c) shall be construed to revive any law not in force and effect on July 1, 1983."
On the adoption of the amendment offered by Senators Gillis of the 20th, Kennedy of the 4th and English of the 21st, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Bowen Brannon Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English Engram
Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Horton Kennedy Kidd Lester Littlefield McGill
McKenzie Reynolds Scott Starr Stephens Summers Tate Thompson Timmons Turner Walker Wessels
372
JOURNAL OF THE SENATE
Those voting in the negative were Senators:
Barker Barnes Bell Bond Brantley
Coverdell Evans Greene Holloway Howard
Those not voting were Senators:
Broun of 46th Hudgins
Hudson
Land Robinson Stumbaugh Sutton Tysinger
Trulock
On the adoption of the amendment offered by Senators Gillis of the 20th, Kennedy of the 4th and English of the 21st, the yeas were 37, nays 15, and the amendment was adopted.
ARTICLE XI was adopted as amended by unanimous consent.
Senator Bond of the 39th moved that the Senate reconsider its action in adopting ARTICLE I.
On the motion offered by Senator Bond of the 39th, Senator Evans of the 37th called for the yeas and nays; the call was sustained, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Barker Barnes Bell Bond Brannon Brantley Brown of 47th Cobb Coleman Coverdell Deal Dean Eldridge English
Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Kidd Land Lester
Littlefield Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Turner Tysinger Walker Wessels
Those voting in the negative were Senators:
Bowen Bryant
Kennedy McGill
McKenzie Timmons
FRIDAY, SEPTEMBER 11, 1981
373
Those not voting were Senators:
Broun of 46th Hudgins
Hudson
Trulock
On the motion offered by Senator Bond of the 39th, the yeas were 46, nays 6; the motion prevailed, and the Senate reconsidered ARTICLE I.
Senator Bond of the 39th offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by adding a new Paragraph XXVIII to Article I, Section I, following Paragraph XXVII on Page 6, line 16, the following:
"Paragraph XXVIII. Freedom from discrimination. No person shall be discriminated against on the basis of race, religion, national origin or ancestry under any state programs or activities."
Senator Evans of the 37th offered the following amendment:
Amend the amendment offered by Senator Bond of the 39th to the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by inserting between the words "religion," and "national origin" the following:
"sex,".
On the adoption of the amendment offered by Senator Evans of the 37th, Senator Evans of the 37th called for the yeas and nays; the call was sustained, and the vote was as follows:
Those voting in the affirmative were Senators:
Ballard Barker Bond
Coleman Coverdell Engram
Evans
Fincher of 54th Foster Horton
Howard Robinson Scott
Stephens Stumbaugh Summers
Tate Tysinger Wessels
Those voting in the negative were Senators:
Allgood Barnes Bell
Bowen Brannon Brantley
Brown of 47th Bryant Cobb
374
JOURNAL OF THE SENATE
Deal Dean Eldridge English Fincherof 52nd Garner Gillis Greene
Hill Holloway Kennedy Kidd Land Lester Littlefield McGill
McKenzie Reynolds Starr Sutton Thompson Timmons Turner Walker
Those not voting were Senators:
Broun of 46th Hudgins
Hudson
Trulock
On the adoption of the amendment offered by Senator Evans of the 37th, the yeas were 19, nays 33, and the amendment was lost.
On the adoption of the amendment offered by Senator Bond of the 39th, the yeas were 44, nays 0, and the amendment was adopted.
ARTICLE I was adopted as amended by unanimous consent.
Senator Kidd of the 25th moved that the Senate reconsider its action in adopting ARTICLE V.
On the motion, the yeas were 32, nays 6; the motion prevailed, and the Senate reconsidered ARTICLE V.
Senator Kidd of the 25th offered the following amendment.
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking in its entirety Paragraph I of Section I of Article V, lines 5 through 15 on Page 38, and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Governor: term of office; compensation and allowances. There shall be a Governor who shall hold office for a term of four years and until a successor shall be chosen and qualified. Persons holding the office of Governor may not succeed themselves. Persons who have held the office of Governor shall not again be eligible to be elected to that office until after the expiration of four years from the conclusion of their term as Governor. The compensation and allowances of the Governor shall be as provided by law."
On the adoption of the amendment, the yeas were 26, nays 18, and the amendment was adopted.
FRIDAY, SEPTEMBER 11, 1981
375
ARTICLE V was adopted as amended by unanimous consent.
On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge
English Engram Evans Fincher of 52nd Fincherof 54th Foster Gillis Hill Holloway Horton Howard Kennedy Land
Lester Littlefield McGill McKenzie Reynolds Robinson Starr Sutton Tate Timmons Turner Walker Wessels
Those voting in the negative were Senators:
Ballard Bell Brantley Coverdell
Garner Greene Kidd Scott
Those not voting were Senators:
Hudgins Hudson
Summers
Stephens Stumbaugh Thompson Tysinger
Trulock
On the adoption of the substitute, the yeas were 40, nays 12, and the substitute was adopted as amended.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Barker
Barnes Bowen
Broun of 46th Brown of 47th
376
JOURNAL OF THE SENATE
Bryant Cobb Coleman Deal Dean English Engram Fincherof 52nd Fincher of 54th Foster
Garner Gillis Hill Holloway Horton Howard Kennedy Lester Littlefield McGill
Those voting in the negative were Senators:
Ballard Bell Bond Brannon Brantley
Coverdell
Eldridge Evans Greene Kidd Land
Scott
Those not voting were Senators:
Hudgins
Hudson
McKenzie Reynolds Robinson Starr Summers Tate Timmons Turner Walker Wessels
Stephens Stumbaugh Sutton Thompson Tysinger
Trulock
On the adoption of the resolution, the yeas were 36, nays 17.
The resolution, having failed to receive the requisite two-thirds constitutional majority, was lost.
Senator Holloway of the 12th gave notice that, at the proper time, he would move that the Senate reconsider its action in defeating HR 4 EX.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. Monday, September 14, and the motion prevailed.
At 5:25 o'clock P.M. the President announced the Senate adjourned until 10:00 o'clock A.M. Monday, September 14.
MONDAY, SEPTEMBER 14, 1981
377
Senate Chamber, Atlanta, Georgia Monday, September 14, 1981
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of the proceedings of Friday, September 11, had been read and found correct.
Senator Holloway of the 12th moved that the Senate reconsider its action of Friday, September 11, in defeating the following resolution of the House:
HR 4 EX. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd and others:
A resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982; to provide an effective date.
On the motion, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard
Barker Barnes Bell Bond Bowen Brantley
Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dean Eldridge English
Engram Evans
Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene
Hill Holloway Horton Howard Hudson Kennedy Land Lester Littlefield
McGill McKenzie
Reynolds Robinson Scott Starr Stumbaugh Summers
Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Those voting in the negative were Senators:
Brannon
Kidd
Hudgins
Not voting was Senator Deal.
Stephens
378
JOURNAL OF THE SENATE
On the motion, the yeas were 51, nays 4; the motion prevailed, and HR 4 EX was reconsidered and placed at the foot of today's Calendar.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The President called for the morning roll call, and the following Senators answered to their names:
Allgood Ballard
Barker Barnes Bell Bond Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Dean Eldridge English
Engram
Evans Fincher of 52nd
Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Hudson Kennedy Kidd Land Lester Littlefield
McGill McKenzie
Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Tate Thompson Timmons Trulock Turner Tysinger Walker Wessels
Not answering was Senator Deal.
Senator Stumbaugh of the 55th introduced the chaplain of the day, Reverend Carl Halladay, of Emory University Theology Department, Atlanta, Georgia, who offered scripture reading and prayer.
The following resolution of the Senate was read and adopted:
SR 12 EX. By Senator Bowen of the 13th: A resolution recognizing Drew Massee.
SENATE CALENDAR
Monday, September 14, 1981
HR 6 EX. Governor may succeed himself for one 4-year term (Con Rev 33rd) HR 4 EX. New State Constitution-propose (SUBSTITUTE) (AMENDMENTS)
(Con Rev 33rd)
MONDAY, SEPTEMBER 14, 1981
379
The following general resolution of the House, having been read the third time and defeated on Friday, September 11, and reconsidered previously today, was put upon its adoption:
HR 4 EX. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd and others:
A resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982; to provide an effective date.
Senate Sponsor: Senator Barnes of the 33rd.
Senator Barnes of the 33rd moved that the Senate reconsider its action of Friday, September 11, in adopting the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the committee substitute was reconsidered.
Senator Wessels of the 2nd moved that the Senate reconsider its action in adopting ARTICLE IX of the committee substitute.
On the motion, the yeas were 30, nays 0; the motion prevailed, and ARTICLE IX of the committee substitute was reconsidered.
Senator Wessels of the 2nd offered the following amendment:
Amend the substitute to HR 4 EX offered by the Senate Committee on Constitutional Revision by striking Paragraph III of Section VI of Article IX (lines 25 through 32 on Page 97 and lines 1 through 5 on Page 98) in its entirety and inserting in lieu thereof a new Paragraph III to read as follows:
"Paragraph III. Development authorities. The development of trade, commerce, industry, and employment opportunities and the furnishing of electrical energy and service through nonprofit membership corporations being public purposes vital to the welfare of the people of this state, the General Assembly may create development authorities to promote and further such purposes or may authorize the creation of such an authority by any county or municipality or combination thereof under such uniform terms and conditions as it may deem necessary. The General Assembly may exempt from taxation development authortiy obligations, properties, activities, or income and may authorize the issuance of revenue bonds by such authorities which shall not constitute an indebtedness of the state within the meaning of Section V of this article."
380
JOURNAL OF THE SENATE
On the adoption of the amendment, the yeas were 37, nays 2, and the amendment was adopted.
Senator Coleman of the 1st offered the following amendment: Amend the substitute to HR 4 EX offered by the Senate Commit-
tee on Constitutional Revision by striking the semicolon on Page 91, line 2, after the word "located" and inserting in lieu thereof a period;
and by striking on line 2 the following:
"provided, however, that no such" ;
and by striking on Page 91, lines 3 through 8 in their entirety.
Senator Bell of the 5th moved that the amendment offered by Senator Coleman of the 1st be printed.
On the motion, the yeas were 20, nays 14; the motion prevailed, and the amendment offered by Senator Coleman of the 1st was ordered printed.
On the adoption of the amendment offered by Senator Coleman of the 1st, Senator Scott of the 43rd called for the yeas and nays; the call was sustained, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Barker Bond
Bowen
Brown of 47th Bryant Cobb Coleman Evans
Fincher of 52nd Fincher of 54th Greene Holloway
Horton
Hudgins Kennedy Kidd Land Littlefield
McGill McKenzie Reynolds Robinson
Tate
Timmons Trulock Turner Walker Wessels
Those voting in the negative were Senators:
Barnes Bell Brannon
Brantley Broun of 46th Coverdell Deal Dean
Eldridge
English Engram Foster
Garner Gillis Hil1 Howard Lester
Not voting was Senator Hudson.
Scott Starr Stephens
Stumbaugh Summers Sutton Thompson Tysinger
MONDAY, SEPTEMBER 14, 1981
381
On the adoption of the amendment offered by Senator Coleman of the 1st, the yeas were 30, nays 25, and the amendment was adopted.
ARTICLE IX was adopted as amended by unanimous consent.
Senator Scott of the 43rd moved that the Senate reconsider its action in adopting ARTICLE VI of the committee substitute.
On the motion, the yeas were 15, nays 26; the motion was lost, and ARTICLE VI of the committee substitute was not reconsidered.
On the adoption of the substitute, the President ordered a roll call, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English
Engram Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Hudgins Kennedy Kidd Land Lester
Littlefield McGill McKenzie Reynolds Robinson Starr Stephens Summers Sutton Tate Thompson Timmons Trulock Turner Walker Wessels
Those voting in the negative were Senators:
Brantley Coverdell
Scott Stumbaugh
Tysinger
Not voting was Senator Hudson.
On the adoption of the substitute, the yeas were 50, nays 5, and the substitute was adopted as amended.
The report of the committee, which was favorable to the adoption of the resolution by substitute, was agreed to as amended.
382
JOURNAL OF THE SENATE
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Barker Barnes Bell Bond Bowen Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge English
Engram Evans Fincherof 52nd Fincher of 54th Foster Garner Gillis Greene Hill Holloway Horton Howard Kennedy Kidd Land
Lester Littlefield McGill McKenzie Reynolds Robinson Starr Summers Tate Thompson Timmons Trulock Turner Walker Wessels
Those voting in the negative were Senators:
Brannon Brantley Coverdell
Hudgins Scott Stephens
Stumbaugh Sutton Tysinger
Not voting was Senator Hudson.
On the adoption of the resolution, the yeas were 46, nays 9.
The resolution, having received the requisite two-thirds constitutional majority, was adopted by substitute.
Senator Holloway of the 12th moved that HR 4 EX be immediately transmitted to the House.
On the motion, the yeas were 38, nays 0; the motion prevailed, and HR 4 EX was immediately transmitted to the House.
The President announced the Senate would stand in recess from 11:15 o'clock A.M. until 11:45 o'clock A.M.
At 11:50 o'clock A.M., the President called the Senate-to order.
MONDAY, SEPTEMBER 14, 1981
383
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has disagreed to the Senate substitute to the following resolution of the House:
HR 4 EX. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd and others:
A resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982; to provide an effective date.
The following resolution of the House was taken up for the purpose of considering the House disagreement to the Senate substitute thereto:
HR 4 EX. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd and others:
A resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982; to provide an effective date.
Senator Allgood of the 22nd moved that the Senate insist upon the Senate substitute to HR 4 EX.
On the motion, the yeas were 40, nays 0; the motion prevailed, and the Senate insisted upon the Senate substitute to HR 4 EX.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House adheres to its position in disagreeing to the Senate substitute, and has appointed a Committee of Conference to confer with a like committee on the part of the Senate on the following resolution of the House:
HR 4 EX. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd and others:
A resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982; to provide an effective date.
384
JOURNAL OF THE SENATE
The Speaker appointed on the part of the House the following members thereof:
Representatives Connell of the 87th, Burruss of the 21st and Lee of the 72nd.
The following resolution of the House was taken up for the purpose of considering the House action thereon:
HR 4 EX. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd and others:
A resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982; to provide an effective date.
Senator Allgood of the 22nd moved that the Senate adhere to the Senate substitute to HR 4 EX and that a Conference Committee be appointed.
On the motion, the yeas were 41, nays 0; the motion prevailed, and the Senate adhered to the Senate substitute to HR 4 EX.
The President appointed as a Conference Committee on the part of the Senate the following:
Senators Holloway of the 12th, Gillis of the 20th and Barnes of the 33rd.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 11:55 o'clock A.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.
TUESDAY, SEPTEMBER 15, 1981
385
Senate Chamber, Atlanta, Georgia Tuesday, September 15, 1981
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Barker of the 18th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has rejected the report of the Second Committee of Conference and has appointed a Third Committee of Conference on the following bill of the Senate:
SB 2 EX. By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
The Speaker has appointed on the part of the House the following members thereof:
Representatives Wilson of the 19th, Ham of the 80th, and Godbee of the 82nd.
The following resolution of the Senate was introduced, read the first time and referred to committee:
SR 13 EX. By Senators Hill of the 29th, Cobb of the 28th, Horton of the 17th and others:
A resolution urging the Governor and the Department of Medical Assistance to withhold reductions in the Medicaid Program. Referred to Committee on Human Resouces.
386
JOURNAL OF THE SENATE
The President called for the morning roll call, and the following Senators answered to their names:
Allgood Ballard Barker Barnes Bell Bond Bowen Brannon Brantley
Broun of 46th Brown of 47th Bryant Cobb Coleman Coverdell Deal Dean
Eldridge English Engram Fincher of 52nd Fincher of 54th Garner Gillis Greene Hill
Holloway Horton Hudgins Hudson Kennedy Kidd Land Lester
Littlefield McGill McKenzie Reynolds Robinson Scott Starr Stephens Summers
Sutton Thompson Trulock Turner Tysinger Walker Wessels
Those not answering were Senators:
Evans Foster
Howard Stumbaugh
Tate Timmons
Senator Bell of the 5th introduced the chaplain of the day, Reverend Lester Buice, pastor of Rehoboth Baptist Church, Tucker, Georgia, who offered scripture reading and prayer.
SENATE CALENDAR
Tuesday, September 15, 1981
HR 6 EX. Governor may succeed himself for one 4-year term (Con Rev 33rd)
The following bill of the Senate was taken up for the purpose of considering the House rejection of the Second Conference Committee Report thereon:
SB 2 EX. By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
Senator Kidd of the 25th moved that a Third Conference Committee be appointed on SB 2 EX.
TUESDAY, SEPTEMBER 15, 1981
387
On the motion, the yeas were 31, nays 0; the motion prevailed, and the President appointed as a Third Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Starr of the 44th and Hudson of the 35th.
The President announced that the Senate would stand in recess from 10:30 o'clock A.M. until 2:00 o'clock P.M.
At 2:00 o'clock P.M., the President called the Senate to order.
Senator Hill of the 29th introduced the doctor of the day, Dr. Eugene Long, of LaGrange, Georgia.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has rejected the report of the Third Committee of Conference and has appointed a Fourth Committee of Conference on the following bill of the Senate:
SB 2 EX. By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
The Speaker has appointed on the part of the House the following members thereof:
Representatives Wilson of the 19th, Ham of the 80th, and Godbee of the 82nd.
The following bill of the Senate was taken up for the purpose of considering the Third Conference Committee Report thereon:
SB 2 EX. By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
388
JOURNAL OF THE SENATE
The Third Conference Committee Report on SB 2 EX was as follows:
The Conference Committee on SB 2 EX recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 2 EX be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/s/ Perry J. Hudson Senator, 35th District
I si Joe Mack Wilson Representative, 19th District
/s/ Culver Kidd Senator, 25th District
Honorable John Godbee Representative, 82nd District
1st Terrell A. Starr Senator, 44th District
Is/ Benson Ham Representative, 80th Distirct
Conference Committee substitute to SB 2 EX:
A BILL
To be entitled an Act to amend Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 89) and an Act approved March 16, 1972 (Ga. Laws 1972, p. 235), so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide definitions; to provide certain provisions relative to certain boards or bodies; to provide for other matters relative to the foregoing; to incorporate the provisions of Code Section 34-1801, relating to congressional districts, Code Section 34-1802, relating to definitions, and Code Section 34-1803, relating to boards or bodies, as such Code sections shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, into the Official Code of Georgia Annotated; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
TUESDAY, SEPTEMBER 15, 1981
389
Section 1. Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 89) and an Act approved March 16, 1972 (Ga. Laws 1972, p. 235), is hereby amended by striking Code Section 34-1801 in its entirety and substituting in lieu thereof new Code sections to read as follows:
"34-1801. (a) The state is divided into ten congressional districts, each of said districts being entitled to elect one representative to the Congress of the United States. Each such district shall be composed of either a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter.
District No. 1
Appling Bacon Brantley Bryan Bulloch Camden Charlton Chatham Effingham Evans Glynn Liberty Long Mclntosh Montgomery Pierce Tattnall Toombs Ware Wayne
District No. 2
Atkinson Baker Ben Hill Berrien Brooks Calhoun Clay Clinch Colquitt Cook Crisp Decatur Dougherty Early Echols Grady Irwin
390
JOURNAL OF THE SENATE
Lanier Lee Lowndes Miller Mitchell Randolph Seminole Terrell Thomas Tift Turner Worth
District No. 3
Bleckley Chattahoochee Coffee Crawford Dodge Dooly Harris Houston Jeff Davis Lamar Macon Marion Muscogee Peach Pike Pulaski Quitman Schley Stewart Sumter Talbot Taylor Telfair Upson Webster Wheeler Wilcox
District No. 4
DeKalb Tracts 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225 through 230, 231.01 through 231.04, 232.01 through
TUESDAY, SEPTEMBER 15, 1981
391
232.03, 233.01 through 233.04, 234.03 through 234.07, 235.01 through 235.03, 236, 237, and 238.01 through 238.03 Fulton Tract 101.04 Tract 114.01 Those parts of Blocks 601 and 602
within the City of Alpharetta Block 603 That part of Block 604 within the
City of Alpharetta Tract 114.02
Block Group 1 Blocks 201 through 203, 206, 207,
and 210 That part of Block 301 outside the
City of Roswell Blocks 302 and 303 Those parts of Blocks 401, 404, and
501 outside the City of Roswell Blocks 502 through 504 Block Groups 6 and 7 Tracts 115 and 116 Henry Rockdale
District No. 5
DeKalb Tracts 201 through 209
Fulton Tracts 1,2,4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02,77.01,77.02,78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88 through 100, 101.01, 101.03, 102.01, 102.02, and 103 Tract 105.05 Block Group 1 Block 939 Tract 105.06 Block Group 1 Tracts 109 through 111, 112.01, 112.02, 113.01, and 113.02 Tract 114.01 Block Groups 1 through 5 Those parts of Blocks 601, 602, and 604 outside the City of Alpharetta
392
JOURNAL OF THE SENATE
Blocks 605 through 609 Block Groups 7 through 9 Tracts 114.02 Block 205 Those parts of Blocks 301 and 401
within the City of Roswell Blocks 402 and 403 That part of Block 404 within the
City of Roswell Blocks 406 through 418 and 420
through 423 That part of Block 501 within the
City of Roswell
District No. 6
Butts Carroll Clayton Coweta Douglas Fayette Fulton
Tracts 104, 105.03, and 105.04 Tract 105.05
Block Groups 2 through 6 Blocks 925 through 928 Tract 105.06 Block Groups 2 through 4 and 6 through 9 Tracts 106.01, 106.02, 107, and 108 Haralson Heard Meriwether Spalding Troup
District No. 7
Bartow Chattooga Cherokee Cobb Floyd Paulding Polk
District No. 8
Baldwin Barrow Bibb Greene Gwinnett Hancock
TUESDAY, SUTEMBER 15, 1981
393
Jasper Jones Monroe Morgan. Newton Putnam Twiggs Walton Wilkinson
District No. 9
Banks Catoosa Dade Dawson Fannin Forsyth Franklin Gilmer Gordon Habersham Hall Hart Jackson Lumpkin Madison Murray Pickens Rabun Stephens Towns Union Walker White Whitfield
District No. 10
Burke Candler Clarke Columbia Elbert Emanuel Glascock Jefferson Jenkins Johnson Laurens Lincoln McDuffie Oconee Oglethorpe Richmond
394
JOURNAL OF THE SENATE
Screven Taliaferro Treutlen Warren Washington Wilkes
(b) Any portion of this state which is not included in any district described in this Code section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1980 for this state.
(c) The first members elected pursuant to the above provisions shall be those who are elected to take office in January, 1983. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 1982 for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this Code section shall be effective January 1, 1983.
34-1802. For purposes of this Code chapter, the terms Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
34-1803. Any member of any congressional or statutory board or body who is in office on January 1, 1983, and who was appointed on the basis of residency within a congressional district shall serve out the term for which the member was appointed and shall represent the congressional district created by this Code chapter in which the member resides unless more members of the board or body than authorized by the applicable constitutional provision or statute reside within the same congressional district. In the event any congressional district created by this Code chapter has residing therein more members of such board or body than the number of members specified by the applicable constitutional provision or statute, the appointing authority shall designate which member or members representing the congressional district shall continue to serve as a member or members of the board or body. Any member not designated for continued membership shall cease to hold office at such time as the appointing authority makes such designation. If a congressional district created by this Code Chapter is not represented on a board or body as specified by the applicable constitutional provision or statute, the appointing authority shall appoint to the board or body a member or members from the congressional district which does not have sufficient
TUESDAY, SEPTEMBER 15, 1981
395
representation. The initial appointment of such member or members shall be for a term or terms ending on the date or dates on which the term or terms of the member or members removed by the foregoing requirement would have ended."
Section 2. (a) Code Section 34-1801, relating to congressional districts, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-4 and shall be substituted in lieu of and shall become Code Section 21-2-4 of the Official Code of Georgia Annotated.
(b) Code Section 34-1802, relating to definitions, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-3 and shall become Code Section 21-2-3 of the Official Code of Georgia Annotated.
(c) Code Section 34-1803, relating to boards or bodies, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-4.1 and shall become Code Section 21-2-4.1 of the Official Code of Georgia Annotated.
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 4. (a) Except as provided in subsection (b), this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
jb) Section 2 of this Act shall become effective November 1, 1982, but only in the event that the Official Code of Georgia Annotated becomes law by such date. If the Official Code of Georgia Annotated does not become law by such date, Section 2 shall be null and void and shall stand repealed in its entirety.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Broun of the 46th moved that the Senate adopt the Third Conference Committee Report on SB 2 EX.
On the motion, a roll call was taken, and the vote was as follows:
396
JOURNAL OF THE SENATE
Those voting in the affirmative were Senators:
Barker Barnes Bowen Brannon Cobb Deal Dean
Engram Foster Hill Holloway Hudgins Hudson Kidd
Those voting in the negative were Senators:
Allgood Ballard Bell Bond Brantley Broun of 46th Brown of 47th Coleman Coverdell Eldridge English Evans
Fincher of 52nd Garner Gillis Greene Horton Howard Kennedy Land Lester McGill Reynolds
Littlefield McKenzie Starr Stumbaugh Thompson Turner
Robinson Scott Stephens Summers Sutton Tate Timmons Trulock Tysinger Walker Wessels
Not voting were Senators Bryant and Fincher of 54th.
On the motion, the yeas were 20, nays 34; the motion lost, and the Senate rejected the Third Conference Committee Report on SB 2 EX.
Senator Hudson of the 35th moved that a Fourth Conference Committee be appointed on SB 2 EX.
On the motion, the yeas were 39, nays 0; the motion prevailed, and the President appointed as a Fourth Conference Committee on the part of the Senate the following:
Senators Hudson of the 35th, Kidd of the 25th and Starr of the 44th.
Senator Reynolds of the 48th moved that the Fourth Conference Committee be instructed.
The President ruled that the conferees cannot be instructed after the Conference Committee is appointed.
TUESDAY, SEPTEMBER 15, 1981
397
The President announced that the Senate would stand in recess from 6:00 o'clock P.M. until 6:30 o'clock P.M.
At 6:30 o'clock P.M., the President called the Senate to order.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 10:00 o'clock A.M. tomorrow, and the motion prevailed.
At 7:40 o'clock P.M., the President announced the Senate adjourned until 10:00 o'clock A.M. tomorrow.
398
JOURNAL OF THE SENATE
Senate Chamber, Atlanta, Georgia Wednesday, September 16, 1981
The Senate met pursuant to adjournment at 10:00 o'clock A.M. today and was called to order by the President.
Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has rejected the report of the Fourth Committee of Conference and has appointed a Fifth Committee of Conference on the following bill of the Senate:
SB 2 EX. By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
The Speaker has appointed on the part of the House the following members thereof:
Representatives Wilson of the 19th, Ham of the 80th, and Godbee of the 82nd.
The President called for the morning roll call, and the following Senators answered to their names:
Allgood Ballard Barnes Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Cobb
Coleman Coverdell Deal Dean English Engram Evans Fincher of 52nd Fincher of 54th Foster
Garner Gillis Greene Hill Holloway Horton Howard Hudson Kennedy Kidd
WEDNESDAY, SEPTEMBER 16, 1981
399
Land Lester Littlefield McGill McKenzie Reynolds Robinson
Scott Starr Stephens Stumbaugh Summers Sutton Tate
Those not answering were Senators:
Barker Bond
Bryant Eldridge
Thompson Timmons Trulock Turner Tysinger Walker Wessels
Hudgins
Lieutenant Governor Zell Miller introduced the chaplain of the day, Dr. Robert
V. Ozment, pastor of the First Methodist Church, Atlanta, Georgia, who offered scripture reading and prayer.
The following resolution of the Senate was read and adopted:
SR 14 EX. By Senator Horton of the 17th:
A resolution recognizing the McDonough and Henry County Merchants' softball team.-
SENATE CALENDAR Wednesday, September 16, 1981
HR 6 EX. Governor may succeed himself for one 4-year term (Con Rev 33rd)
The following bill of the Senate was taken up for the purpose of considering the Fourth Conference Committee Report thereon:
SB 2 EX. By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
The Fourth Conference Committee Report on SB 2 EX was as follows:
The Conference Committee No. 4 on SB 2 EX recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 2 EX be adopted.
400
JOURNAL OF THE SENATE
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
/si Perry J. Hudson Senator, 35th District
Isl Joe Mack Wilson Representative, 19th District
Honorable Culver Kidd Senator, 25th District
Honorable John Godbee Representative, 82nd District
Isl Terrell A. Starr Senator, 44th District
Isl Benson Ham Representative, 80th District
Conference Committee substitute to SB 2 EX:
A BILL
To be entitled an Act to amend Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p 89) and an Act approved March 16, 1972 (Ga. Laws 1972, p. 235), so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide definitions; to provide certain provisions relative to certain boards or bodies; to provide for other matters relative to the foregoing; to incorporate the provisions of Code Section 34-1801, relating to congressional districts, Code Section 34-1802, relating to definitions, and Code Section 34-1803, relating to boards or bodies, as such Code sections shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, into the Official Code of Georgia Annotated; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 89) and an Act approved March 16, 1972 (Ga. Laws 1972, p. 235), is hereby amended by striking Code Section 34-1801 in its entirety and substituting in lieu thereof new Code sections to read as follows:
"34-1801. (a) The state is divided into ten congressional districts, each of said districts being entitled to elect one represen-
WEDNESDAY, SEPTEMBER 16, 1981
401
tative to the Congress of the United States. Each such district shall be composed of either a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter.
District No. 1
Brantley Bryan Bulloch Burke Camden Candler Charlton Chatham Effingham Emanuel Evans Glynn Jenkins Liberty Long Mclntosh Montgomery Screven Tattnall Toombs Wayne
District No. 2
Baker Berrien Brooks Calhoun Clay Clinch Colquitt Cook Crisp Decatur Dougherty Early Echols Grady Irwin Lanier Lee Lowndes Miller Mitchell Quitman Randolph Seminole Stewart
402
JOURNAL OF THE SENATE
Terrell Thomas Tift Turner Webster Worth
District No. 3
Ben Hill Chattahoochee Crawford Dooly Harris Houston La mar Macon Marion Meriwether Muscogee Peach Pike Pulaski Schley Sumter Talbot Taylor Troup Upson Wilcox
District No. 4
DeKalb Tracts 201 through204, 211, 212.02 through 212.07,213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225 through 230, 231.01 through 231.04, 232.01 through 232.03, 233.01 through 233.04, 234.03 through 234.07, 235.01 through 235.03, 236, 237, and 238.01 through 238.03
Fulton Tract 101.04 Tract 114.01 Those parts of Blocks 601 and 602 within the City of Alpharetta Block 603 That part of Block 604 within the City of Alpharetta
WEDNESDAY, SEPTEMBER 16, 1981
403
Tract 114.02 Block Group 1 Blocks 201 through 203, 206, 207, and 210 That part of Block 301 outside the City of Roswell Blocks 302 and 303 Those parts of Blocks 401, 404, and 501 outside the City of Roswell Blocks 502 through 504 Block Groups 6 and 7
Tracts 115 and 116 Newton Rockdale
District No. 5
DeKalb Tracts 205 through 209
Fulton Tracts 1,2,4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01 68.02, 69 through 75, 76.01, 76.02,77.01,77.02,78.02 through 78.04, 79,80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88 through 100, 101.01, 101.03, 102.01, 102.02, 103, 104, and 105.05 Tract 105.06 Block Group 1 Tracts 109 through 111, 112.01, 112.02, 113.01, and 113.02 Tract 114.01 Block Groups 1 through 5 Those parts of Blocks 601, 602, and 604 outside the City of Alpharetta Blocks 605 through 609 Block Groups 7 through 9 Tract 114.02 Block 205 Those parts of Blocks 301 and 401 within the City of Roswell Blocks 402 and 403 That part of Block 404 within the City of Roswell Blocks 406 through 418 and 420 through 423 That part of Block 501 within the City of Roswell
404
JOURNAL OF THE SENATE
District No. 6
Carroll Clayton Coweta Douglas Fayette Fulton
Tracts 105.03 and 105.04 Tract 105.06
Block Groups 2 through 4 and 6 through 9 Tracts 106.01, 106.02, 107, and 108 Haralson Heard Henry Paulding Polk Spalding
District No. 7
Bartow Catoosa Chattooga Cobb Dade Floyd Walker
District No. 8
Appling Atkinson Bacon Baldwin Bibb Bleckley Butts Coffee Dodge Glascock Greene Hancock Jasper Jeff Davis Jefferson Johnson Jones Laurens Monroe Pierce Putnam Taliaferro Telfair Treutlen
WEDNESDAY, SEPTEMBER 16, 1981
405
Twiggs Ware Washington Wheeler Wilkinson
District No. 9
Banks Cherokee Dawson Fannin Forsyth Franklin Gilmer Gordon Gwinnett
Tracts 501, 502.01, 502.02, 503.01, 503.02, 503.03, 505.01, 505.02, 505.03, 505.04, 505.05, and 506
Tract 507.03 Block Group 1 Blocks 201 through 203 Block Groups 3 through 8
Tract 507.05 Habersham Hall Jackson Lumpkin Murray Pickens Rabun Stephens Towns Union White Whitfield
District No. 10
Barrow Clarke Columbia Elbert Gwinnett
Tracts 504.01 through 504.05, 507.01, and 507.02
Tract 507.03 Blocks 204 through 214
Tract 507.04 Hart Lincoln McDuffie Madison
406
JOURNAL OF THE SENATE
Morgan Oconee Oglethorpe Richmond Walton Warren Wilkes
(b) Any portion of this state which is not included in any district described in the Code section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1980 for this state.
(c) The first members elected pursuant to the above provisions shall be those who are elected to take office in January, 1983. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 1982 for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this Code section shall be effective January 1, 1983.
34-1802. For purposes of this Code chapter: (1) the terms Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2) Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
34-1803. Any member of any constitutional or statutory board or body who is in office on January 1, 1983, and who was appointed on the basis of residency within a congressional district shall serve out the term for which the member was appointed and shall represent the congressional district created by this Code chapter in which the member resides unless more members of the board or body than authorized by the applicable constitutional provision or statute reside within the same congressional district. In the event any congressional district created by this Code chapter has residing therein more members of any such board or body than the number of members specified by the applicable constitutional provision or statute, the appointing authority shall designate which member or members representing the congressional district shall continue to serve as a member or members of the board or body.
WEDNESDAY, SEPTEMBER 16, 1981
407
Any member not designated for continued membership shall cease to hold office at such time as the appointing authority makes such designation. If a congressional district created by this Code chapter is not represented on a board or body as specified by the applicable constitutional provision or statute, the appointing authority shall appoint to the board or body a member or members from the congressional district which does not have sufficient representation. The initial appointment of such member or members shall be for a term or terms ending on the date or dates on which the term or terms of the member or members removed by the foregoing requirement would have ended."
Section 2. (a| Code Section 34-1801, relating to congressional districts, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-4 and shall be substituted in lieu of and shall become Code Section 21-2-4 of the Official Code of Georgia Annotated.
(b| Code Section 34-1802, relating to definitions, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-3 and shall become Code Section 21-2-3 of the Official Code of Georgia Annotated.
(c) Code Section 34-1803, relating to boards or bodies, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be numbered Code Section 21-2-4.1 and shall become Code Section 21-2-4.1 of the Official Code of Georgia Annotated.
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 4. (a) Except as provided in subsection (b), this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
jb) Section 2 of this Act shall become effective November 1, 1982, but only in the event that the Official Code of Georgia Annotated becomes law by such date. If the Official Code of Georgia Annotated does not become law by such date, Section 2 shall be null and void and shall stand repealed in its entirety.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
408
JOURNAL OF THE SENATE
Senator Hudson of the 35th moved that the Senate adopt the Fourth Conference Committee Report on SB 2 EX.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:
Barnes Brannon Cobb Deal Eldridge Engram Foster
Garner Hill Holloway Horton Howard Hudgins Hudson
Littlefield McKenzie Scott Starr Stumbaugh Thompson
Those voting in the negative were Senators:
Allgood Ballard Barker Bell Bond Brantley Broun of 46th Brown of 47th Coleman Coverdell Dean English
Evans Fincher of 52nd Fincher of 54th Gillis Greene Kennedy Kidd Land Lester McGill Reynolds
Robinson Stephens Summers Sutton Tate Timmons Trulock Turner Tysinger Walker Wessels
Not voting were Senators Bowen and Bryant.
On the motion, the yeas were 20, nays 34; the motion lost, and the Senate rejected the Fourth Conference Committee Report on SB 2 EX.
Senator Hudson of the 35th moved that a Fifth Conference Committee be appointed on SB 2 EX.
On the motion, the yeas were 44, nays 0; the motion prevailed, and the President appointed as a Fifth Conference Committee on the part of the Senate the following:
Senators Hudson of the 35th, Kidd of the 25th and Starr of the 44th.
The President announced that the Senate would stand in recess from 11:25 o'clock A.M. until 3:00 o'clock P.M.
WEDNESDAY, SEPTEMBER 16, 1981
409
At 3:25 o'clock P.M., the President called the Senate to order.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the report of the Fifth Committee of Conference on the following bill of the Senate:
SB 2 EX. By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
The following bill of the Senate was taken up for the purpose of considering the Fifth Conference Committee Report thereon:
SB 2 EX. By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
The Fifth Conference Committee Report on SB 2 EX was as follows:
The Conference Committee No. 5 on SB 2 EX recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 2 EX be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
Is/ Perry J. Hudson Senator, 35th District
Is/ Joe Mack Wilson Representative, 19th District
Honorable Culver Kidd Senator, 25th District
Is/ John Godbee Representative, 82nd District
Is/ Terrell A. Starr Senator, 44th District
I si Benson Ham Representative, 80th District
410
JOURNAL OF THE SENATE
Conference Committee substitute to SB 2 EX:
A BILL
To be entitled an Act to amend Code Chapter 34-18, relating to Congressional districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 89) and an Act approved March 16, 1972 (Ga. Laws 1972, p. 235), so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress; to provide when the members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide definitions; to provide certain provisions relative to certain boards or bodies; to provide for other matters relative to the foregoing; to incorporate the provisions of Code Section 34-1801, relating to congresssional districts, Code Section 34-1802, relating to definitions, and Code Section 34-1803, relating to boards or bodies, as such Code sections shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, into the Official Code of Georgia Annotated; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 89) and an Act approved March 16, 1972 (Ga. Laws 1972, p. 235), is hereby amended by striking Code Section 34-1801 in its entirety and substituting in lieu thereof new Code sections to read as follows:
"34-1801. (a) The state is divided into ten congressional districts, each of said districts being entitled to elect one representative to the Congress of the United States. Each such district shall be composed of either a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter.
District No. 1
Brantley Bryan Bulloch Burke Camden Candler Chatham Effingham Emanuel Evans Glynn Jenkins Liberty Long Mclntosh
WEDNESDAY, SEPTEMBER 16, 1981
411
Montgomery Screven Tattnall Toombs Wayne
District No. 2
Baker Ben Hill Berrien Brooks Calhoun Clay Colquitt Cook Crisp Decatur Dougherty Early Echols Grady Irwin Lanier Lee Lowndes Miller Mitchell Quitman Randolph Seminole Stewart Terrell Thomas Tift Turner Webster Worth
District No. 3
Bleckley Butts Chattahoochee Dooly Harris Houston La mar Macon Marion Meriwether Muscogee Peach Pike
412
JOURNAL OF THE SENATE
Pulaski Schley Sumter Talbot Taylor Troup Upson Wilcox
District No. 4
DeKalb Tracts 201 through 204, 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01, 217.02, 218.02 through218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225 through 230, 231.01 through 231.04, 232.01 through 232.03, 233.01 through 233.04, 234.03 through 234.07, 235.01 through 235.03, 236, 237, and 238.01 through 238.03
Fulton Tract 101.04 Tract 114.01 Those parts of Blocks 601 and 602 within the City of Alpharetta Block 603 That part of Block 604 within the City of Alpharetta Tract 114.02 Block Group 1 Blocks 201 through 203, 206, 207, and 210 That part of Block 301 outside the City of Roswell Blocks 302 and 303 Those parts of Blocks 401, 404, and 501 outside the City of Roswell Blocks 502 through 504 Block Groups 6 and 7 Tracts 115 and 116
Newton Rockdale
District No. 5
DeKalb Tracts 205 through 209
Fulton Tracts 1, 2, 4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52,
WEDNESDAY, SEPTEMBER 16, 1981
413
53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01, 68.02, 69 through 75, 76.01, 76.02,77.01,77.02,78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88 through 100, 101.01, 101.03, 102.01, 102.02, 103, 104, and 105.05 Tract 105.06 Block Group 1 Tracts 109 through 111, 112.01, 112.02, 113.01, and 113.02 Tract 114.01 Block Groups 1 through 5 Those parts of Blocks 601, 602, and 604
outside the City of Alpharetta Blocks 605 through 609 Block Groups 7 through 9 Tract 114.02 Block 205 Those parts of Blocks 301 and 401
within the City of Roswell Blocks 402 and 403 That part of Block 404 within the
City of Roswell Blocks 406 through 418 and 420
through 423 That part of Block 501 within the
City of Roswell
District No. 6
Carroll Clayton Coweta Douglas Fayette Fulton
Tracts 105.03 and 105.04 Tract 105.06
Block Groups 2 through 4 and 6 through 9 Tracts 106.01, 106.02, 107, and 108 Haralson Heard Henry Paulding Polk Spalding
District No. 7
Bartow Catoosa Chattooga
414
JOURNAL OF THE SENATE
Cobb Dade Floyd Walker
District No. 8
Appling Atkinson Bacon Baldwin Bibb Charlton Clinch Coffee Crawford Dodge Glascock Greene Hancock Jasper Jeff Davis Jefferson Johnson Jones Laurens Monroe Pierce Putnam Taliaferro Telfair Treutlen Twiggs Ware Washington Wheeler Wilkinson
District No. 9
Banks Cherokee Dawson Fannin Forsyth Franklin Gilmer Gordon Gwinnett
Tracts 501, 502.01, 502.02, 503.02, 505.01 through 505.05, and 506
Tract 507.03 Block Group 1
WEDNESDAY, SEPTEMBER 16, 1981
415
Blocks 201 through 203 Block Groups 3 through 8 Tract 507.05 Habersham Hall Hart Jackson Lumpkin Murray Pickens Rabun Stephens Towns Union White Whitfield
District No. 10
Barrow Clarke Columbia Elbert Gwinnett
Tracts 503.01, 503.03, 504.01 through 504.05, 507.01, and 507.02
Tract 507.03 Blocks 204 through 214
Tract 507.04 Lincoln McDuffie Madison Morgan Oconee Oglethorpe Richmond Walton Warren Wilkes
(b) Any portion of this state which is not included in any district described in this Code section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1980 for this state.
(c) The first members elected pursuant to the above provisions shall be those who are elected to take office in January, 1983. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be
416
JOURNAL OF THE SENATE
effective for the primaries and elections of 1982 for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this Code section shall be effective January 1, 1983.
34-1802. For purposes of this Code chapter: (1) the terms 'Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2| Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
34-1803. Any member of any constitutional or statutory board or body who is in office on January 1, 1983, and who was appointed on the basis of residency within a congressional district shall serve out the term for which the member was appointed and shall represent the congressional district created by this Code chapter in which the member resides unless more members of the board or body than authorized by the applicable constitutional provision or statute reside within the same congressional district. In the event any congressional district created by this Code chapter has residing therein more members of any such board or body than the number of members specified by the applicable constitutional provision or statute, the appointing authority shall designate which member or members representing the congressional district shall continue to serve as a member or members of the board or body. Any member not designated for continued membership shall cease to hold office at such time as the appointing authority makes such designation. If a congressional district created by this Code chapter is not represented on a board or body as specified by the applicable constitutional provision or statute, the appointing authority shall appoint to the board or body a member or members from the congressional district which does not have sufficient representation. The initial appointment of such member or members shall be for a term or terms ending on the date or dates on which the term or terms of the member or members removed by the foregoing requirement would have ended."
Section 2. ja| Code Section 34-1801, relating to congressional districts, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-4 and shall be substituted in lieu of and shall become Code Section 21-2-4 of the Official Code of Georgia Annotated.
(b) Code Section 34-1802, relating to definitions, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-3 and shall become Code Section 21-2-3 of the Official Code of Georgia Annotated.
WEDNESDAY, SEPTEMBER 16, 1981
417
(c) Code Section 34-1803, relating to boards or bodies, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-4.1 and shall become Code Section 21-2-4.1 of the Official Code of Georgia Annotated.
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 4. (a) Except as provided in subsection (b), this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Section 2 of this Act shall become effective November 1, 1982, but only in the event that the Official Code of Georgia Annotated becomes law by such date. If the Official Code of Georgia Annotated does not become law by such date, Section 2 shall be null and void and shall stand repealed in its entirety.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Hudson of the 35th moved that the Senate adopt the Fifth Conference Committee Report on SB 2 EX.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:
Ballard Barnes Bowen Brannon Brown of 47th Cobb Deal Eldridge
Engram Foster Garner Hill Holloway Horton Howard Hudgins
Hudson McKenzie Robinson Scott Starr Stumbaugh Thompson
Those voting in the negative were Senators:
Allgood Barker Bell
Bond Brantley Broun of 46th
Bryant Coleman Coverdell
418
Dean English Evans Fincher of 52nd Fincher of 54th Gillis Greene Kennedy
JOURNAL OF THE SENATE
Kidd Land Lester
Littlefield McGill Reynolds Stephens Summers
Sutton Tare Timmons
Trulock Turner Tysinger Walker Wessels
On the motion, the yeas were 23, nays 33; the motion lost, and the Senate rejected the Fifth Conference Committee Report on SB 2 EX.
Senator Hudson of the 35th moved that a Sixth Conference Committee be appointed on SB 2 EX.
On the motion, the yeas were 44, nays 0; the motion prevailed, and the President appointed as a Sixth Conference Committee on the part of the Senate the following:
Senators Kidd of the 25th, Hudson of the 35th and Starr of the 44th.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has discharged the Fifth Committee of Conference on the following bill of the Senate:
SB 2 EX. By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to the congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
The Speaker appointed as a Sixth Committee of Conference on the part of the House the following members:
Representatives Wilson of the 19th, Ham of the 80th, and Godbee of the 82nd.
The President announced that the Senate would stand in recess from 3:50 o'clock P.M. until 5:00 o'clock P.M.
WEDNESDAY, SEPTEMBER 16, 1981
419
At 5:45 o'clock P.M., the President called the Senate to order.
The following bill of the Senate was taken up for the purpose of considering the Sixth Conference Committee Report thereon:
SB 2 EX. By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
The Sixth Conference Committee Report on SB 2 EX was as follows:
The Conference Committee No. 6 on SB 2 EX recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to SB 2 EX be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
Is/ Perry J. Hudson Senator, 35th District
I si Joe Mack Wilson Representative, 19th District
Honorable Culver Kidd Senator, 25th District
Is/ John Godbee Representative, 82nd District
Is/ Terrell A. Starr Senator, 44th District
Is/ Benson Ham Representative, 80th District
Conference Committee substitute to SB 2 EX:
A BILL
To be entitled an Act to amend Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved October 14, 1971 (Ga. Laws 1971, Ex. Sess., p. 89) and an Act approved March 16, 1972 (Ga. Laws 1972, p. 235), so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress; to provide when the
420
JOURNAL OF THE SENATE
members of Congress shall take office; to provide for the continuation of present congressional districts until a certain time; to provide definitions; to provide certain provisions relative to certain boards or bodies; to provide for other matters relative to the foregoing; to incorporate the provisions of Code Section 34-1801, relating to congressional districts, Code Section 34-1802, relating to definitions, and Code Section 34-1803, relating to boards or bodies, as such Code sections shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, into the Official Code of Georgia Annotated; to provide for severability; to provide effective dates; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Code Chapter 34-18, relating to congressional districts, as amended, particularly by an Act approved October 14, 1971, (Ga. Laws 1971, Ex. Sess., p. 89) and an Act approved March 16, 1972 (Ga. Laws 1972, p. 235), is hereby amended by striking Code Section 34-1801 in its entirety and substituting in lieu thereof new Code sections to read as follows:
"34-1801. (a) The state is divided into ten congressional districts, each of said districts being entitled to elect one representative to the Congress of the United States. Each such district shall be composed of either a portion of a county, or a county, or counties, or any combination thereof, as provided for hereinafter.
District No. 1
Brantley Bryan Bulloch Burke Camden Candler Chatham Effingham Emanuel Evans Glynn Jenkins Liberty Long Mclntosh Montgomery Screven Tattnall Toombs Wayne
District No. 2
Baker Ben Hill Berrien Brooks
WEDNESDAY, SEPTEMBER 16, 1981
421
Calhoun Clay Colquitt Cook Crisp Decatur Dougherty Early Echols Grady Irwin Lanier Lee Lowndes Miller Mitchell Quitman Randolph Seminole Stewart Terrell Thomas Tift Turner Webster Worth
District No. 3
Bleckley Butts Chattahoochee Crawford Dooly Harris Houston Lamar Macon Marion Meriwether Muscogee Peach Pike Pulaski Schely Sumter Talbot Taylor Troup Upson
422
JOURNAL OF THE SENATE
District No. 4
DeKalb Tracts 201 through 204, 211, 212.02 through 212.07, 213.01 through 213.04, 214.01 through 214.04, 215, 216.01 through 216.03, 217.01, 217.02, 218.02 through 218.04, 219.01 through 219.03, 220.01 through 220.03, 221, 222, 223.01, 223.02, 224.01 through 224.03, 225 through 230, 231.01 through 231.04, 232.01 through 232.03, 233.01 through 233.04, 234.03 through 234.07, 235.01 through 235.03, 236, 237, and 238.01 through 238.03
Fulton Tract 101.04 Tract 114.01 Those parts of Blocks 601 and 602 within the City of Alpharetta Block 603 That part of Block 604 within the City of Alpharetta Tract 114.02 Block Group 1 Blocks 201 through 203, 206, 207, and 210 That part of Block 301 outside the CityofRoswell Blocks 302 and 303 Those parts of Blocks 401, 404, and 501 outside the City of Roswell Blocks 502 through 504 Block Groups 6 and 7 Tracts 115 and 116
Newton Rockdale
District No. 5
DeKalb Tracts 205 through 209
Fulton Tracts 1,2,4 through 8, 10.95, 11 through 33, 35 through 41, 42.95, 43, 44, 46.95, 48, 49.95, 50, 52, 53, 55.01, 55.02, 56 through 58, 60 through 65, 66.01, 66.02, 67, 68.01 68.02, 69 through 75, 76.01, 76.02,77.01,77.02,78.02 through 78.04, 79, 80, 81.01, 81.02, 82.01, 82.02, 83.01, 83.02, 84, 85, 86.01, 86.02, 87.01, 87.02, 88 through 100, 101.01, 101.03, 102.01, 102.02, 103, 104, and 105.05
WEDNESDAY, SEPTEMBER 16, 1981
423
Tract 105.06 Block Group 1
Tracts 109 through 111, 112.01, 112.02, 113.01, and 113.02
Tract 114.01 Block Groups 1 through 5 Those parts of Blocks 601, 602, and 604 outside the City of Alpharetta Blocks 605 through 609 Block Groups 7 through 9
Tract 114.02 Block 205 Those parts of Blocks 301 and 401 within the City of Roswell Blocks 402 and 403 That part of Block 404 within the City of Roswell Blocks 406 through 418 and 420 through 423 That part of Block 501 within the City of Roswell
District No. 6
Carroll Clayton Coweta Douglas Fayette Fulton
Tracts 105.03 and 105.04 Tract 105.06
Block Groups 2 through 4 and 6 through 9 Tracts 106.01, 106.02, 107, and 108 Haralson Heard Henry Paulding Polk Spalding
District No. 7
Bartow Catoosa Chattooga Cobb Dade Floyd Walker
424
JOURNAL OF THE SENATE
District No. 8
Appling Atkinson Bacon Baldwin Bibb Charlton Clinch Coffee Dodge Glascock Greene Hancock Jasper Jeff Davis Jefferson Johnson Jones Laurens Monroe Pierce Putnam Taliaferro Telfair Treutlen Twiggs Ware Washington Wheeler Wilcox Wilkinson
District No. 9
Banks Cherokee Dawson Fannin Forsyth Franklin Gilmer Gordon Gwinnett
Tracts 501, 502.01, 502.02, 503.02, 505.01 through 505.05, and 506
Tract 507.03 Block Group 1 Blocks 201 through 203 Block Groups 3 through 8
Tract 507.05 Habersham Hall
WEDNESDAY, SEPTEMBER 16, 1981
425
Hart Jackson Lumpkin Murray Pickens Rabun Stephens Towns Union White Whitfield
District No. 10
Barrow Clarke Columbia Elbert Gwinnett
Tracts 503.01, 503.03, 504.01 through 504.05, 507.01, and 507.02
Tract 507.03 Blocks 204 through 214
Tract 507.04 Lincoln McDuffie Madison Morgan Oconee Oglethorpe Richmond Walton Warren Wilkes
jb) Any portion of this state which is not included in any district described in this Code section shall be included within that district contiguous to such portion which contains the least population according to the United States decennial census of 1980 for this state.
jc| The first members elected pursuant to the above provisions shall be those who are elected to take office in January, 1983. Successors to those members and future successors shall likewise be elected under the provisions of this Code section. Until that time the members of the United States House of Representatives elected in 1980 shall continue to serve and, for all purposes relative to membership in the House of Representatives, the composition of congressional districts from which such members were elected shall remain the same. The provisions of this Code section shall be effective for the primaries and elections of 1982 for the purpose of electing the members in 1982 who are to take office in 1983. For the purpose of appointing or electing members of boards or bodies where such are made on the basis of congressional districts, the provisions of this Code section shall be effective January 1, 1983.
426
JOURNAL OF THE SENATE
34-1802. For purposes of this Code chapter: (1) the terms 'Tract' or 'Census Tract,' 'Block Group,' and 'Block' shall mean and shall describe the same geographical boundaries as provided in the report of the Bureau of the Census for the United States decennial census of 1980 for the State of Georgia.
(2| Whenever the description of any congressional district refers to a named city, it shall mean the geographical boundaries of that city as shown on the census maps for the United States decennial census of 1980 for the State of Georgia.
34-1803. Any member of any constitutional or statutory board or body who is in office on January 1, 1983, and who was appointed on the basis of residency within a congressional district shall serve out the term for which the member was appointed and shall represent the congressional district created by this Code chapter in which the member resides unless more members of the board or body than authorized by the applicable constitutional provision or statute reside within the same congressional district. In the event any congressional district created by this Code chapter has residing therein more members of any such board or body than the number of members specified by the applicable constitutional provision or statute, the appointing authority shall designate which member or members representing the congressional district shall continue to serve as a member or members of the board or body. Any member not designated for continued membership shall cease to hold office at such time as the appointing authority makes such designation. If a congressional district created by this Code chapter is not represented on a board or body as specified by the applicable constitutional provision or statute, the appointing authority shall appoint to the board or body a member or members from the congressional district which does not have sufficient representation. The initial appointment of such member or members shall be for a term or terms ending on the date or dates on which the term or terms of the member or members removed by the foregoing requirement would have ended."
Section 2. (a) Code Section 34-1801, relating to congressional districts, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-4 and shall be substituted in lieu of and shall become Code Section 21-2-4 of the Official Code of Georgia Annotated.
jb) Code Section 34-1802, relating to definitions, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-3 and shall become Code Section 21-2-3 of the Official Code of Georgia Annotated.
(c) Code Section 34-1803, relating to boards or bodies, as such Code section shall exist immediately prior to the effective date of the Official Code of Georgia Annotated, shall be renumbered Code Section 21-2-4.1 and shall become Code Section 21-2-4.1 of the Official Code of Georgia Annotated.
WEDNESDAY, SEPTEMBER 16, 1981
427
Section 3. In the event any section, subsection, sentence, clause, or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of full force and effect as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 4. (a] Except as provided in subsection (b), this Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.
(b) Section 2 of this Act shall become effective November 1, 1982, but only in the event that the Official Code of Georgia Annotated becomes law by such date. If the Official Code of Georgia Annotated does not become law by such date, Section 2 shall be null and void and shall stand repealed in its entirety.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.
Senator Hudson of the 35th moved that the Senate adopt the Sixth Conference Committee Report on SB 2 EX.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:
Ballard Barker Barnes Bowen Brannon
Brown of 47th Cobb Coleman Deal Eldridge Engram
Fincher of 54th Foster Garner Hill Holloway
Horton Howard Hudgins Hudson Kennedy McKenzie
Robinson Scott Starr Stumbaugh Summers
Sutton Thompson Timmons Trulock Turner Wessels
Those voting in the negative were Senators:
Allgood Bell Bond Brantley Broun of 46th
Bryant Coverdell Dean English Evans
Fincher of 52nd Gillis Greene Kidd Land
428
JOURNAL OF THE SENATE
Lester
Littlefield McGill
Reynolds
Stephens Tate
Tysinger Walker
On the motion, the yeas were 33, nays 23, the motion prevailed, and the Senate adopted the Sixth Conference Committee Report on SB 2 EX.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 2:00 o'clock P.M. tomorrow, and the motion prevailed.
At 6:45 o'clock P.M., the President announced the Senate adjourned until 2:00 o'clock P.M. tomorrow.
THURSDAY, SEPTEMBER 17, 1981
429
Senate Chamber, Atlanta, Georgia Thursday, September 17, 1981
The Senate met pursuant to adjournment at 2:00 o'clock P.M. today and was called to order by the President.
Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed,
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the report of the Sixth Committee of Conference on the following bill of the Senate:
SB 2 EX. By Senator Hudson of the 35th:
A bill to amend Code Chapter 34-18, relating to congressional districts, as amended, so as to provide for the composition of the ten congressional districts of Georgia; to provide for the election of members of Congress.
The President called for the roll call, and the following Senators answered to their names:
Allgood Barker Barnes Bell Bond Bowen Brannon Brantley Brown of 47th Bryant Coleman Coverdell Dean Eldridge English
Engram Evans Fincher of 52nd Fincher of 54th Gillis Greene Holloway Horton Hudgins Hudson Kennedy Kidd Lester Littlefield
McGill Reynolds Robinson Scott Starr Stephens Stumbaugh Summers Sutton Thompson Timmons Turner Walker Wessels
430
JOURNAL OF THE SENATE
Those not answering were Senators:
Ballard Broun of 46th Cobb Deal Foster
Garner Hill Howard Land
McKenzie Tate Trulock Tysinger
Senator Thompson of the 32nd introduced the chaplain of the day, Reverend Joe C. Gardner, Jr., pastor of Smyrna Presbyterian Church, Smyrna, Georgia, who offered scripture reading and prayer.
The following resolutions of the Senate were read and adopted:
SR 15 EX. By Senator Barker of the 18th: A resolution commending Ms. Janie Clark Fortin.
SR 16 EX. By Senator Barnes of the 33rd: A resolution commending the Honorable J. Robin Harris.
SR 17 EX. By Senator Barnes of the 33rd: A resolution commending Melvin B. Hill, Jr.
SR 18 EX. By Senator Barnes of the 33rd: A resolution commending Michael J. Henry.
SR 19 EX. By Senator Barnes of the 33rd: A resolution commending Vickie Greenberg Sachs.
SR 20 EX. By Senators McGill of the 24th, Walker of the 19th, Turner of the 8th and others:
A resolution recognizing the Georgia Agricultural Commodity Commission for Milk.
Senator Hill of the 29th introduced the doctor of the day, Dr. Andy Wilkerson, of LaGrange, Georgia.
Senator Allgood of the 22nd moved that the Senate do now adjourn until 9:00 o'clock A.M. tomorrow, and the motion prevailed.
At 2:50 o'clock P.M., the President announced the Senate adjourned until 9:00 o'clock A.M. tomorrow.
FRIDAY, SEPTEMBER 18, 1981
431
Senate Chamber, Atlanta, Georgia Friday, September 18, 1981
The Senate met pursuant to adjournment at 9:00 o'clock A.M. today and was called to order by the President.
Senator Walker of the 19th reported that the Journal of yesterday's proceedings had been read and found correct.
By unanimous consent, the reading of the Journal was dispensed with, and the Journal was confirmed.
The following report of a standing committee was read by the Secretary:
Mr. President:
Your Committee on Human Resources has had under consideration the following resolution of the Senate and has instructed me to report the same back to the Senate with the following recommendation:
SR 13 EX. Do pass.
Respectfully submitted, Senator Howard of the 42nd District, Chairman
The President called for the morning roll call, and the following Senators answered to their names:
Barker Barnes Bell Bowen Brannon Brantley Broun of 46th Brown of 47th Bryant Cobb Coleman Dean English
Engram Fincher of 52nd Fincher of 54th Garner Gillis Holloway Horton Howard Kennedy Kidd Land Lester McGill
McKenzie Reynolds Scott Stephens Summers Tate Thompson Timmons Trulock Turner Walker Wessels
432
JOURNAL OF THE SENATE
Those not answering were Senators:
Allgood Ballard Bond Coverdell Deal Eldridge
Evans Foster Greene Hill Hudgins Hudson
Littlefield Robinson Starr Stumbaugh Sutton Tysinger
Senator Dean of the 31st introduced the chaplain of the day, Reverend Don Harp, pastor of Sam Jones Methodist Church, Cartersville, Georgia, who offered scripture reading and prayer.
The following resolution of the Senate, favorably reported by the committee, was put upon its adoption:
SR 13 EX. By Senators Hill of the 29th, Cobb of the 28th, Horton of the 17th and others: A resolution urging the Governor and the Department of Medical Assistance to withhold reductions in the Medicaid Program.
The resolution was adopted.
The following resolutions of the Senate were read and adopted:
SR 21 EX. By Senators Bond of the 39th and Tate of the 38th: A resolution commending Honorable Fred Steeple.
SR 22 EX. By Senator Barnes of the 33rd: A resolution recognizing the staff of the Code Revision Commission.
SR 23 EX. By Senators Scott of the 43rd, Bell of the 5th, Howard of the 42nd and Stumbaugh of the 55th: A resolution expressing regrets at the passing of Mrs. Joann Tysinger.
SR 24 EX. By Senators Scott of the 43rd and Tysinger of the 41st: A resolution expressing regrets at the passing of Mrs. Mattie Lou Richardson Bell.
FRIDAY, SEPTEMBER 18, 1981
433
SR 25 EX. By Senators Coleman of the 1st, Bryant of the 3rd and Kennedy of the 4th:
A resolution expressing sympathy at the passing of Mr. Frederick Wessels, Jr.
SR 26 EX. By Senators Barnes of the 33rd, Holloway of the 12th and Gillis of the 20th:
A resolution recognizing and commending certain legislative staff personnel.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolutions of the Senate:
SR 16 EX. By Senator Barnes of the 33rd: A resolution commending the Honorable]. Robin Harris.
SR 17 EX. By Senator Barnes of the 33rd: A resolution commending Melvin B. Hill.
SR 18 EX. By Senator Barnes of the 33rd: A resolution commending Michael J. Henry.
SR 19 EX. By Senator Barnes of the 33rd: A resolution commending Vickie Greenberg Sachs.
SENATE CALENDAR Friday, September 18, 1981 HR 6 EX. Governor may succeed himself for one 4-year term (Con Rev 33rd)
The following resolution of the House was taken up for the purpose of considering the Conference Committee Report thereon:
434
JOURNAL OF THE SENATE
HR 4 EX. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd and others:
A resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982; to provide an effective date.
The Conference Committee Report on HR 4 EX was as follows:
The Conference Committee on HR 4 EX recommends that both the Senate and the House of Representatives recede from their positions and that the attached Conference Committee Substitute to HR 4
EX be adopted.
Respectfully submitted,
FOR THE SENATE:
FOR THE HOUSE OF REPRESENTATIVES:
Is/ Roy E. Barnes Senator, 33rd District
I si Jack Connell Representative, 87th District
Is/ Al Holloway Senator, 12th District
Is/ A. L. Burruss Representative, 21st District
I si Hugh M. Gillis, Sr. Senator, 20th District
/s/ William J. Lee Representative, 72nd District
Conference Committee substitute to HR 4 EX:
A RESOLUTION
Proposing a new Constitution for the State of Georgia 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:
FRIDAY, SEPTEMBER 18, 1981
435
Section 1. If ratified by the people at the general election in 1982, the following shall be the Constitution of the State of Georgia:
CONSTITUTION
OF THE
STATE OF GEORGIA
PREAMBLE
To perpetuate the principles of free government, insure justice to all, preserve peace, promote the interest and happiness of the citizen and of the family, and transmit to posterity the enjoyment of liberty, we the people of Georgia, relying upon the protection and guidance of Almighty God, do ordain and establish this Constitution.
ARTICLE I.
BILL OF RIGHTS
SECTION I.
RIGHTS OF PERSONS
Paragraph I. Life, liberty, and property. No person shall be deprived of life, liberty, or property except by due process of law.
Paragraph II. Protection to person and property; equal protection. Protection to person and property is the paramount duty of government and shall be impartial and complete. No person shall be denied the equal protection of the laws.
Paragraph III. 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 or interfere with such right of conscience.
Paragraph IV. Religious opinions; freedom of religion. No inhabitant of this state shall be molested in person or property or be prohibited from holding any public office or trust on account of religious opinions; but the right of freedom of religion shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state.
Paragraph V. Freedom of speech and of the press guaranteed. No law shall be passed to curtail or restrain the freedom of speech or of the press. Every person may speak, write, and publish sentiments on all subjects but shall be responsible for the abuse of that liberty.
Paragraph VI. Libel. In all civil or criminal actions for libel, the truth may be given in evidence; and, if it shall appear to the trier of fact that the matter charged as libelous is true, the party shall be discharged.
436
JOURNAL OF THE SENATE
Paragraph VII. Citizens, protection of. All citizens of the United States, resident in this state, are hereby declared citizens of this state; and it shall be the duty of the General Assembly to enact such laws as will protect them in the full enjoyment of the rights, privileges, and immunities due to such citizenship.
Paragraph VIII. Arms, right to keep and bear. The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.
Paragraph 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. Bill of attainder; ex post facto laws; and retroactive laws. No bill of attainder, ex post facto law, retroactive law, or laws impairing the obligation of contract or making irrevocable grant of special privileges or immunities shall be passed.
Paragraph XI. Right to trial by jury; number of jurors; selection and compensation of jurors, (a) The right to trial by jury shall remain inviolate, except that the court shall render judgment without the verdict of a jury in all civil cases where no issuable defense is filed and where a jury is not demanded in writing by either party. In criminal cases, the defendant shall have a public and speedy trial by an impartial jury; and the jury shall 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 six, to constitute a trial jury in courts of limited jurisdiction and in superior courts in misdemeanor cases.
(c) The General Assembly shall provide by law for the selection and compensation of persons to serve as grand jurors and trial jurors.
Paragraph XII. Right to the courts. No person shall 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 XIII. Searches, seizures, and warrants. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue except upon probable cause supported by oath or affirmation particularly describing the place or places to be searched and the persons or things to be seized.
Paragraph XIV. Benefit of counsel; accusation; list of witnesses; compulsory process. Every person charged with an offense against the laws of this state shall have the privilege and benefit of counsel; shall be furnished with a copy of the accusation or indictment and, on demand, with a list of the witnesses on whose testimony such charge is founded; shall have compulsory process to obtain the testimony of that person's own witnesses; and shall be confronted with the witnesses testifying against such person.
FRIDAY, SEPTEMBER 18, 1981
437
Paragraph XV. Habeas corpus. The writ of habeas corpus shall not be suspended unless, in case of rebellion or invasion, the public safety may require it.
Paragraph XVI. Self-incrimination. No person shall be compelled 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 inflicted; nor shall any person be abused in being arrested, while under arrest, or in prison.
Paragraph XVIII. Jeopardy of life or liberty more than once forbidden. No person shall be put in jeopardy of life or liberty more than once for the same offense except when a new trial has been granted after conviction or in case of mistrial.
Paragraph XIX. Treason. Treason against the State of Georgia shall consist of insurrection against the state, adhering to the state's enemies, or giving them aid and comfort. No person shall be convicted of treason except on the testimony of two witnesses to the same overt act or confession in open court.
Paragraph XX. Conviction, effect of. No conviction shall work corruption of blood or forfeiture of estate.
Paragraph XXI. Banishment and whipping as punishment for crime. Neither banishment beyond the limits of the state nor whipping shall be allowed as a punishment for crime.
Paragraph XXII. Involuntary servitude. There shall 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 XXIII. Imprisonment for debt. There shall be no imprisonment for debt.
Paragraph XXIV. Costs. No person shall be compelled to pay costs in any criminal case except after conviction on final trial.
Paragraph XXV. Status of the citizen. The social status of a citizen shall never be the subject of legislation.
Paragraph XXVI. Exemptions from levy and sale. The General Assembly shall 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 shall have authority to define to whom any such additional exemptions shall be allowed; 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 exemptions by the debtor.
438
JOURNAL OF THE SENATE
Paragraph XXVII. Spouse's separate property. The separate property of each spouse shall remain the separate property of that spouse except as otherwise provided by law.
Paragraph XXVIII. Enumeration of rights not denial of others. The enumeration of rights herein contained as a part of this Constitution shall not be construed to deny to the people any inherent rights which they may have hitherto enjoyed.
SECTION II.
ORIGIN AND STRUCTURE OF GOVERNMENT
Paragraph I. Origin and foundation of government. All government, of right, originates with the people, is founded upon their will only, and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people and are at all times amenable to them.
Paragraph II. 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 public good may require it.
Paragraph III. Separation of legislative, judicial, and executive powers. The legislative, judicial, and executive powers shall forever remain separate and distinct; and no person discharging the duties of one shall at the same time exercise the functions of either of the others except as herein provided.
Paragraph IV. Contempts. The power of the courts to punish for contempt shall be limited 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 shall so declare them.
Paragraph VI. Superiority of civil authority. The civil authority shall be superior to the military.
Paragraph VII. Separation of church and state. No money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution.
Paragraph VIII. Lotteries. All lotteries, and the sale of lottery tickets, are hereby prohibited; and this prohibition shall be enforced by penal laws, except that the General Assembly may by law provide that the operation of a nonprofit bingo game shall not be a lottery and shall be legal in this state. The General Assembly may by law define a nonprofit bingo game and provide for the regulation of nonprofit bingo games.
FRIDAY, SEPTEMBER 18, 1981
439
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 qualification 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.
SECTION III.
GENERAL PROVISIONS
Paragraph I. Eminent domain, (a) Except as otherwise provided in this Paragraph, private property shall not be taken or damaged for public purposes without just and adequate compensation being first paid.
(b) When private property is taken or damaged by the state or the counties or municipalities of the state for public road or street purposes, or for public transportation purposes, or for any other public purposes as determined by the General Assembly, just and adequate compensation therefor need not be paid until the same has been finally fixed and determined as provided by law; but such just and adequate compensation shall then be paid in preference to all other obligations except bonded indebtedness.
(c) The General Assembly may by law require the condemnor to make prepayment against adequate compensation as a condition precedent to the exercise of the right of eminent domain and provide for the disbursement of the same 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 public projects or programs; and the powers of taxation may be exercised and public funds expended in furtherance thereof.
Paragraph II. Private ways. In case of necessity, private ways may be granted upon just and adequate compensation being first paid by the applicant.
Paragraph III. Tidewater titles confirmed. The Act of the General Assembly approved December 16, 1902, which extends the title of ownership of lands abutting on tidal water to low water mark, is hereby ratified and confirmed.
440
JOURNAL OF THE SENATE
ARTICLE IP.
VOTING AND ELECTIONS
SECTION I.
METHOD OF VOTING; RIGHT TO REGISTER AND VOTE
Paragraph I. Method of voting. Elections by the people shall be by secret ballot and shall be conducted in accordance with procedures provided by law.
Paragraph II. Right to register and vote. Every person who is a citizen of the United States and a resident of Georgia as defined by law, who is at least 18 years of age and not disenfranchised by this article, and who meets minimum residency requirements as provided by law shall be entitled to vote at any election by the people. The General Assembly shall provide by law for the registration of electors.
Paragraph III. 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 disability has been removed.
SECTION II.
GENERAL PROVISIONS
Paragraph I. Procedures to be provided by law. The General Assembly shall provide by law for a method of appeal from the decision to allow or refuse to allow any person to register or vote and shall provide by law for a procedure whereby returns of all elections by the people shall be made to the Secretary of State.
Paragraph II. Run-off election. A run-off election shall be a continuation of the general election and only persons who were entitled to vote in the general election shall be entitled to vote therein; and only those votes cast for the persons designated for the runoff shall be counted in the tabulation and canvass of the votes cast.
Paragraph III. 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 civil rights have been restored, or who is the holder of public funds illegally shall be eligible to hold any office or appointment of honor or trust in this state. Additional conditions of eligibility 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.
FRIDAY, SEPTEMBER 18, 1981
441
Paragraph IV. Recall of public officials holding elective office. The General Assembly is hereby authorized to provide by general law for the recall of public officials who hold elective office. The procedures, grounds, and all other matters relative to such recall shall be provided for in such law.
ARTICLE III.
LEGISLATIVE BRANCH
SECTION I.
LEGISLATIVE POWER
Paragraph I. Power vested in General Assembly. The legislative power of the state shall be vested in a General Assembly which shall consist of a Senate and a House of Representatives.
SECTION II.
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 shall be elected from single-member districts.
(b) The House of Representatives shall consist of not fewer than 180 Representatives apportioned among representative districts of the state.
Paragraph II. Apportionment of General Assembly. The General Assembly shall apportion the Senate and House districts. Such districts shall be composed of contiguous territory. The apportionment of the Senate and of the House of Representatives shall be changed by the General Assembly as necessary after each United States decennial census.
Paragraph III. Qualifications of members of General Assembly, (a) At the time of their election, the members of the Senate shall be citizens of the United States, shall be at least 25 years of age, shall 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 shall be citizens of the United States, shall be at least 21 years of age, shall 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 shall have a seat in either house unless otherwise provided by law.
442
JOURNAL OF THE SENATE
(b) No person holding any civil appointment or office having any emolument annexed thereto under the United States, this state, or any other state shall have a seat in either house.
(c) No Senator or Representative shall be elected by the General Assembly or appointed by the Governor to any office or appointment having any emolument annexed thereto during the time for which such person shall have been elected unless the Senator or Representative shall first resign the seat to which elected; provided, however, that, during the term for which elected, no Senator or Representative shall be appointed to any civil office which has been created during such term.
Paragraph V. Election and term of members, (a) The members of the General Assembly shall be elected by the qualified electors of their respective districts for a term of two years and shall serve until the time fixed for the convening of the next General Assembly.
jb) The members of the General Assembly in office on June 30, 1983, shall serve out the remainder of the terms to which elected.
(c) The first election for members of the General Assembly under this Constitution shall take place on Tuesday after the first Monday in November, 1984, and subsequent elections biennially on that day until the day of election is changed by law.
SECTION III.
OFFICERS OF THE GENERAL ASSEMBLY
Paragraph I. President and President Pro Tempore of the Senate, (a) The presiding officer of the Senate shall be styled the President of the Senate.
(b) A President Pro Tempore shall 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 President. In case of the death, resignation, or permanent disability of the President or in the event of the succession of the President to the executive power, the President Pro Tempore shall become President and shall receive the same compensation and allowances as the Speaker of the House of Representatives. The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph.
Paragraph II. Speaker and Speaker Pro Tempore of the House of Representatives, (a) The presiding officer of the House of Representatives shall be styled the Speaker of the House of Representatives and shall be elected by the House of Representatives from among its members.
(b) A Speaker Pro Tempore shall be elected by the House of Representatives from among its members. The Speaker Pro Tempore shall become Speaker in case of the death, resignation, or permanent disability of the Speaker and shall serve until a Speaker is elected.
FRIDAY, SEPTEMBER 18, 1981
443
Such election shall be held as provided in the rules of the House. The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph.
Paragraph III. Other officers of the two houses. The other officers of the two houses shall 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 limit, and adjournment, (a) The Senate and House of Representatives shall organize each odd-numbered year and shall be a different General Assembly for each two-year period. The General Assembly shall 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. Following the fifth day of a special session, either house may adjourn not more than twice for a period not to exceed 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 called 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, the House shall adjourn and the Senate shall remain in session until such trial is completed.
Paragraph II. Oath of members. Each Senator and Representative, before taking the seat to which elected, shall take the oath or affirmation prescribed by law.
Paragraph III. Quorum. A majority of the members to which each house is entitled shall 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 shall 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.
444
JOURNAL OF THE SENATE
Paragraph V. Vacancies. When a vacancy occurs in the General Assembly, it shall be filled as provided by this Constitution and by law. The seat of a member of either house shall 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 shall receive such salary as shall be provided for by law, provided that no increase in salary shall become effective prior to the end of the term during which such change is made.
Paragraph VII. Election and returns; disorderly conduct. Each house shall be the judge of the election, returns, and qualifications of its members and shall have power to punish them for disorderly behavior or misconduct by censure, fine, imprisonment, or expulsion; but no member shall be expelled except by a vote of two-thirds of the members of the house to which such member belongs.
Paragraph VIII. Contempts, how punished. Each house may punish by imprisonment, not extending beyond the session, any person not a member who shall be guilty of a contempt hv any disorderly behavior in its presence or who shall rescue or attem^!: to rescue any person arrested by order of either house.
Paragraph IX. Privilege of members. The members of both houses shall 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. All elections by either house of the General Assembly shall be by recorded vote, and the vote shall appear on the respective journal of each house.
Paragraph XI. Open meetings. The sessions of the General Assembly and all standing committee meetings thereof shall be open to the public. Either house may by rule provide for exceptions to this requirement.
SECTION V.
ENACTMENT OF LAWS
Paragraph I. Journals and laws. Each house shall keep and publish after its adjournment a journal of its proceedings. The original journals shall be the sole, official records of the proceedings of each house and shall be preserved as provided by law. The General Assembly shall provide for the publication of the laws passed at each session.
Paragraph II. Bills for revenue. All bills for raising revenue, or appropriating money, shall originate in the House of Representatives.
FRIDAY, SEPTEMBER 18, 1981
445
Paragraph III. One subject matter expressed. No bill shall pass which refers to more than one subject matter or contains matter different from what is expressed in the title thereof.
Paragraph IV. Statutes and sections of Code, how amended. No law or section of the Code shall be amended or repealed by mere reference to its title or to the number of the section of the Code; but the amending or repealing Act shall distinctly describe the law or Code section to be amended or repealed as well as the alteration to be made.
Paragraph V. Majority of members to pass bill. No bill shall become law unless it shall receive a majority of the votes of all the members to which each house is entitled, and such vote shall so appear on the journal of each house.
Paragraph VI. When roll-call 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 roll-call vote on any question shall be taken and shall be entered on the journal. The yeas and nays in each house shall be recorded and entered on the journal upon the passage or rejection of any bill or resolution appropriating money and whenever the Constitution requires a vote of two-thirds of either or both houses for the passage of a bill or resolution.
Paragraph VII. Reading of general bills. The title of every general bill and of every resolution intended to have the effect of general law or to amend this Constitution or to propose a new Constitution shall be read three times and on three separate days in each house before such bill or resolution shall be voted upon; and the third reading of such bill and resolution shall 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 bill and every resolution intended to have the effect of local law shall be read at least once before such bill or resolution shall be voted upon; and no such bill or resolution shall be voted upon prior to the second day following the day of introduction.
Paragraph IX. Advertisement of notice to introduce local legislation. The General Assembly shall provide by law for the advertisement of notice of intention to introduce local bills.
Paragraph X. Acts signed. All Acts shall be signed by the President of the Senate and the Speaker of the House of Representatives.
Paragraph XL Signature of Governor. No provision in this Constitution for a two-thirds' vote of both houses of the General Assembly shall 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.
446
JOURNAL OF THE SENATE
Paragraph XII. Rejected bills. No bill or resolution intended to have the effect of law which shall have been rejected by either house shall 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 rejected.
Paragraph XIII. Approval, veto, and override of veto of bills and resolutions, (a) All bills and all resolutions which have been passed by the General Assembly intended to have the effect of law shall become law if the Governor approves or fails to veto the same within six days from the date any such bill or resolution is transmitted to the Governor unless the General Assembly adjourns sine die or adjourns for more than 40 days prior to the expiration of said six days. In the case of such adjournment sine die or of such adjournment for more than 40 days, the same shall become law if approved or not vetoed by the Governor within 40 days from the date of any such adjournment.
(b) During sessions of the General Assembly or during any period of adjournment of a session of the General Assembly, no bill or resolution shall be transmitted to the Governor after passage except upon request of the Governor or upon order of two-thirds of the membership of each house. A local bill which is required by the Constitution to have a referendum election conducted before it shall become effective shall be transmitted immediately to the Governor when ordered by the presiding officer of the house wherein the bill shall have originated or upon order of two-thirds of the membership of such house.
(c) The Governor shall have the duty to transmit any vetoed bill or resolution, together with the reasons for such veto, to the presiding officer of the house wherein it originated within three days from the date of veto if the General Assembly is in session on the date of transmission. If the General Assembly adjourns sine die or adjourns for more than 40 days, the Governor shall transmit any vetoed bill or resolution, together with the reasons for such veto, to the presiding officer of the house wherein it originated within 60 days of the date of such adjournment.
(d) During sessions of the General Assembly, any vetoed bill or resolution may upon receipt be immediately considered by the house wherein it originated for the purpose of overriding the veto. If twothirds of the members to which such house is entitled vote to override the veto of the Governor, the same shall be immediately transmitted to the other house where it shall be immediately considered. Upon the vote to override the veto by two-thirds of the members to which such other house is entitled, such bill or resolution shall become law. All bills and resolutions vetoed during the last three days of the session and not considered for the purpose of overriding the veto and all bills 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 shall fail to override the Governor's veto, neither house shall again consider such bill or resolution for the purpose of overriding such veto.
FRIDAY, SEPTEMBER 18, 1981
447
(e) The Governor may approve any appropriation and veto any other appropriation in the same bill, and any appropriation vetoed shall not become law unless such veto is overridden in the manner herein provided.
Paragraph XIV. Jointly sponsored bills and resolutions. The General Assembly may provide by law for the joint sponsorship of bills and resolutions.
SECTION VI.
EXERCISE OF POWERS
Paragraph I. General powers. The General Assembly shall have the power to make all laws not inconsistent with this Constitution, and not repugnant to the Constitution of the United States, which it shall deem necessary and proper for the welfare of the state.
Paragraph II. Specific powers, (a) Without limitation of the powers granted under Paragraph I, the General Assembly shall 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, shall 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 state in federal programs and the compliance with laws relating thereto, including but not limited to the powers, which may be exercised to the extent and in the manner necessary to effect such participation and compliance, to tax, to expend public 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 limited to the suspension of all 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 facilities 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 public funds in connection therewith.
448
JOURNAL OF THE SENATE
(b) The General Assembly shall have the power to implement the provisions of Article I, Section III, Paragraph 1(2.); Article IV, Section VIII, Paragraph II; Article IV, Section VIII, Paragraph III; and Article X, Section II, Paragraph XII of the Constitution of 1976 in force and effect on June 30, 1983; and all laws heretofore adopted thereunder and valid at the time of their enactment shall continue in force and effect until modified or repealed.
Paragraph III. Powers not to be abridged. The General Assembly shall not abridge its powers under this Constitution. No law enacted by the General Assembly shall be construed to limit 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 shall be enacted in any case for which provision has been made by an existing general law, except that the General Assembly may by general law authorize local governments by local ordinance or resolution to exercise police powers which do not conflict with general laws.
(b) No population bill, as the General Assembly shall define by general law, shall be passed. No bill using classification by population as a means of determining the applicability of any bill or law to any political subdivision or group of political subdivisions may expressly or impliedly amend, modify, supersede, or repeal the general law defining a population bill.
jc) No special law relating to the rights or status of private persons shall be enacted.
Paragraph V. Specific limitations, (a) The General Assembly shall not have the power to grant incorporation to private persons but shall provide by general law the manner in which private corporate powers and privileges may be granted.
(b) The General Assembly shall not forgive the forfeiture of the charter of any corporation existing 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 shall not have the power to authorize any contract or agreement which may 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 shall not have the power to regulate or fix charges of public utilities owned or operated by any county or municipality of this state, except as authorized by this Constitution.
FRIDAY, SEPTEMBER 18, 1981
449
Paragraph VI. Gratuities. (a| Except as otherwise provided in the Constitution, (1) the General Assembly shall not have the power to grant any donation or gratuity or to forgive any debt or obligation owing to the public, and (2) the General Assembly shall not grant or authorize extra compensation to any public officer, agent, or contractor after the service has been rendered or the contract entered into.
(b) All laws heretofore adopted under Article III, Section VIII, Paragraph XII of the Constitution of 1976 in force and effect on June 30, 1983, shall continue in force and effect and may be amended if such amendments are consistent with the authority granted to the General Assembly by such provisions of said Constitution.
SECTION VII.
IMPEACHMENTS
Paragraph I. Power to impeach. The House of Representatives shall have the sole power to vote impeachment charges against any executive or judicial officer of this state or any member of the General Assembly.
Paragraph II. Trial of impeachments. The Senate shall have the sole power to try impeachments. When sitting for that purpose, the Senators shall be on oath, or affirmation, and shall be presided over by the Chief Justice of the Supreme Court. Should the Chief Justice be disqualified, then the Presiding Justice shall preside. Should the Presiding Justice be disqualified, then the Senate shall select a Justice of the Supreme Court to preside. No person shall be convicted without concurrence of two-thirds of the members to which the Senate is entitled.
Paragraph III. Judgments in impeachment. In cases of impeachment, judgments shall 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 shall relieve any party from any criminal or civil liability.
SECTION VIII.
INSURANCE REGULATION
Paragraph I. Regulation of insurance. Provision shall be made by law for the regulation of insurance.
Paragraph II. Issuance of licenses. Insurance licenses shall be issued by the Commissioner of Insurance as required by law.
SECTION IX.
APPROPRIATIONS
Paragraph I. Public money, how drawn. No money shall be drawn from the treasury except by appropriation made by law.
450
JOURNAL OF THE SENATE
Paragraph II. Preparation, submission, and enactments of general appropriations bill, (a) The Governor shall 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 shall provide for the appropriation of the funds necessary to operate all the various departments and agencies and to meet the current expenses of the state for the next fiscal year.
(b) The General Assembly shall annually appropriate those state and federal funds necessary to operate all the various departments and agencies. To the extent that federal funds received by the state for any 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 available do not provide otherwise, federal funds shall 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 shall commence on the first day of July of each year and terminate on the thirtieth of June following.
(c) The General Assembly shall by general law provide for the regulation and management of the finance and fiscal administration of the state.
Paragraph III. General appropriations bill. The general appropriations bill shall embrace nothing except appropriations fixed by previous laws; the ordinary expenses of the executive, legislative, and judicial departments of the government; payment of the public debt and interest thereon; and for support of the public institutions and educational interests of the state. All other apppropriations shall be made by separate bills, 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 next fiscal year after adoption and it shall then expire, except for the mandatory appropriations required by this Constitution and those required to meet contractual obligations authorized by this Constitution and the continued appropriation of federal grants.
(b) The General Assembly shall not appropriate funds for any given fiscal year which, in aggregate, exceed a sum equal to the amount of unappropriated surplus expected 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 shall a supplementary appropriations Act continue in force and
FRIDAY, SEPTEMBER 18, 1981
451
effect beyond the expiration of the general appropriations Act in effect when such supplementary appropriations Act was adopted and approved.
(c) All appropriated state funds, except for the mandatory appropriations required by this Constitution, remaining unexpended and not contractually obligated at the expiration of such general appropriations Act shall lapse.
Paragraph V. Other or supplementary 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 shall be known as supplementary appropriation Acts, provided no such supplementary appropriation shall be available unless there is an unappropriated surplus in the state treasury or the revenue necessary to pay such appropriation shall have been provided by a tax laid for such purpose and collected into the general fund of the state treasury. Neither house shall pass a supplementary appropriation bill until the general appropriations Act shall have been finally adopted by both houses and approved by the Governor.
Paragraph VI. Appropriations to be for specific sums, (a) Except as hereinafter provided, the appropriation for each department, officer, bureau, board, commission, agency, or institution for which appropriation is made shall be for a specific sum of money; and no appropriation shall allocate to any object the proceeds of any particular tax or fund or a part or percentage thereof.
(b) An amount equal to all money derived from motor fuel taxes received by the state in each of the immediately preceding fiscal years, less the amount of refunds, rebates, and collection costs authorized by law, is hereby appropriated for the fiscal year beginning July 1, of each year following, for all activities incident to providing and maintaining an adequate system of public roads and bridges in this state, as authorized by laws enacted by the General Assembly of Georgia, and for grants to counties by law authorizing road construction and maintenance, as provided by law authorizing such grants. Said sum is hereby appropriated for, and shall be available for, the aforesaid purposes regardless of whether the General Assembly enacts a general appropriations Act; and said sum need not be specifically stated in any general appropriations Act passed by the General Assembly in order to be available for such purposes. However, this shall not preclude the General Assembly from appropriating for such purposes an amount greater than the sum specified above for such purposes. The expenditure of such funds shall be subject to all the rules, regulations, and restrictions imposed on the expenditure of appropriations by provisions of the Constitution and laws of this state, unless such provisions are in conflict with the provisions of this paragraph. And provided, however, that the proceeds of the tax hereby appropriated shall not be subject to budgetary reduction. In the event of invasion of this state by land, sea, or air or in case of a major catastrophe so proclaimed by the Governor, said funds may be utilized for defense or relief purposes on the executive order of the Governor.
452
JOURNAL OF THE SENATE
(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 disability 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 III, Paragraph II.
jd) 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 all 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 allocated for the specific purpose of meeting any and all costs, or any portion of the cost, of providing training to law enforcement officers and to prosecuting officials.
(e) The General Assembly may by general law approved by a three-fifths' vote of both houses designate any part or all of the proceeds of any state tax now or hereafter levied and collected on alcoholic beverages to be used for prevention, education, and treatment relating to alcohol and drug abuse.
Paragraph VII. Appropriations void, when. Any appropriation made in conflict with any of the foregoing provisions shall be void.
SECTION X.
RETIREMENT SYSTEMS
Paragraph I. Expenditure of public funds authorized. Public funds may be expended for the purpose of paying benefits and other costs of retirement and pension systems for public officers and employees and their beneficiaries.
Paragraph II. Increasing benefits authorized. Public funds may be expended for the purpose of increasing benefits being paid pursuant to any retirement or pension system wholly or partially supported from public funds.
Paragraph III. Retirement systems covering employees of county boards of education. Notwithstanding Article IX, Section II, Paragraph III(a)(14), the authority to establish or modify heretofore existing local retirement systems covering employees of county boards of education shall continue to be vested in the General Assembly.
Paragraph IV. Firemen's Pension System. The powers of taxation may be exercised by the state through the General Assembly and the counties and municipalities for the purpose of paying pensions and other benefits and costs under a firemen's pension system or systems. The taxes so levied may be collected by such firemen's pension system or systems and disbursed therefrom by authority of the General Assembly for the purposes therein authorized.
FRIDAY, SEPTEMBER 18, 1981
453
Paragraph V. Funding standards. It shall be the duty of the General Assembly to enact legislation to define funding standards which will assure the actuarial soundness of any retirement or pension system supported wholly or partially from public funds and to control legislative procedures so that no bill or resolution creating or amending any such retirement or pension system shall be passed by the General Assembly without concurrent provisions for funding in accordance with the defined funding standards.
ARTICLE IV.
CONSTITUTIONAL BOARDS AND COMMISSIONS
SECTION I.
PUBLIC SERVICE COMMISSION
Paragraph I. Public Service Commission, (a) There shall be a Public Service Commission for the regulation of utilities which shall consist of five members who shall be elected by the people. The Commissioners in office on June 30, 1983, shall serve until December 31 after the general election at which the successor of each member is elected. Thereafter, all succeeding terms of members shall be for six years. Members shall serve until their successors are elected and qualified. A chairman shall be selected by the members of the commission from its membership.
(b) The commission shall be vested with such jurisdiction, powers, and duties as provided by law.
(c| The filling of vacancies and manner and time of election of members of the commission shall be as provided by law.
SECTION II.
STATE BOARD OF PARDONS AND PAROLES
Paragraph I. State Board of Pardons and Paroles. There shall be a State Board of Pardons and Paroles which shall 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, shall serve out the remainder of their respective terms, provided that the expiration date of the term of any such member shall be December 31 of the year in which the member's term expires. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for seven years. A chairman shall be selected by the members of the board from its membership.
Paragraph II. Powers and authority, (a) Except as otherwise provided in this Paragraph, the State Board of Pardons and Paroles shall be vested with the power of executive clemency, including the powers to grant reprieves, pardons, and paroles; to commute penalties; to remove disabilities imposed by law; and to remit any part of a sentence for any offense against the state after conviction.
454
JOURNAL OF THE SENATE
(b) When a sentence of death is commuted to life imprisonment, the board shall not have the authority to grant a pardon to the convicted person until such person has served at least 25 years in the penitentiary; and such person shall not become eligible for parole at any time prior to serving at least 25 years in the penitentiary.
(c) Notwithstanding the provisions of subsection (b) hereof, the General Assembly may prescribe by law the terms and conditions under which a pardon or parole to any person incarcerated for the same serious felony for a second or subsequent time may be granted by the board or may by law prohibit the granting of a pardon or parole to such person. For the purposes of this Paragraph, the term "serious felony" shall include any of the following offenses:
(1) Murder;
(2) Aggravated rape;
(3) Armed robbery where victim is injured;
(4) Kidnapping for ransom;
(5) Arson in the first degree.
(d) Without limiting the amount of time required to be served in the penitentiary prior to pardon or parole pursuant to any other provisions of this Paragraph, a person convicted of armed robbery shall not be pardoned or paroled by the board until such person has served at least five years in the penitentiary. The earned time law shall not apply to this provision.
(e) The chairman of the board, or any other member designated by the board, may suspend the execution of a sentence of death until the full board shall have an opportunity to hear the application of the convicted person for any relief within the power of the board.
(f) Notwithstanding any other provisions of this Paragraph, the State Board of Pardons and Paroles shall have the authority to pardon any person convicted of a crime who is subsequently determined to be innocent of said crime.
SECTION III.
STATE PERSONNEL BOARD
Paragraph I. State Personnel Board, (a) There shall be a State Personnel Board which shall 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, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for five years. Members shall serve until their successors are appointed and qualified. A member of the State Personnel Board may not be employed in any other capacity in state government. A chairman shall be selected by the members of the board from its membership.
FRIDAY, SEPTEMBER 18, 1981
455
(b) The board shall provide policy 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 shall be selected on the basis of merit as provided by law.
Paragraph II. Veterans preference. Any veteran who has served as a member of the armed forces of the United States during the period of a war or armed conflict in which any branch of the armed forces of the United States engaged, whether under United States command or otherwise, and was honorably discharged therefrom, shall be given such veterans preference in any civil service program established in 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 disability as rated and certified by the Veterans Administration, and all other such veterans shall be entitled to at least five points.
SECTION IV.
STATE TRANSPORTATION BOARD
Paragraph I. State Transportation Board; commissioner, (a) There shall be a State Transportation Board composed of as many members as there are congressional districts in the state. The member of the board from each congressional district shall be elected by a majority vote of the members of the House of Representatives and Senate whose respective districts are embraced or partly embraced within such congressional district meeting in caucus. The members of the board in office on June 30, 1983, shall serve out the remainder of their respective terms. The General Assembly shall provide by law the procedure for the election of members and for filling vacancies on the board. Members shall serve for terms of five years and until their successors are elected and qualified.
(b| The State Transportation Board shall select a commissioner of transportation, who shall be the chief executive officer of the Department of Transportation 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 shall be a State Department of Veterans Service and Veterans Service Board which shall consist of seven members appointed by the Governor, subject to confirmation by the Senate. The members in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for seven years. Members shall serve until their successors are appointed and qualified.
456
JOURNAL OF THE SENATE
(b) The board shall appoint a commissioner who shall be the executive officer of the department. All members of the board and the commissioner shall be veterans of some war or armed conflict in which the United States has engaged. The board shall have such control, duties, powers, and jurisdiction of the State Department of Veterans Service as shall 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 following named counties: Chatham, Bryan, Liberty, Mclntosh, Glynn, or Camden. All members shall 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 shall appoint a successor as herein provided. All such terms of members shall be for seven years. Members shall serve until their successors are appointed and qualified. 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 shall have such powers and duties as provided by law.
SECTION VII.
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 qualifications, compensation, and removal from office of members of constitutional boards and commissions provided for in this article shall be as provided by law.
Paragraph II. 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, shall be as provided by law.
ARTICLE V.
EXECUTIVE BRANCH
SECTION I.
ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR
Paragraph I. Governor: term of office; compensation and allowances. There shall be a Governor who shall hold office for a term of four years and until a successor shall be chosen and qualified. Per-
FRIDAY, SEPTEMBER 18, 1981
457
sons 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 themselves as hereinbefore provided shall not again be eligible to be elected to that office until after the expiration of four years from the conclusion of their term as Governor. The compensation and allowances of the Governor shall be as provided by law.
Paragraph II. Election for Governor. An election for Governor shall be held on Tuesday after the first Monday in November of 1986, and the Governor-elect shall be installed in office at the next session of the General Assembly. An election for Governor shall take place quadrennially thereafter on said date unless another date be fixed by the General Assembly. Said election shall be held at the places of holding general elections in the several counties of this state, in the manner prescribed for the election of members of the General Assembly, and the electors shall be the same.
Paragraph III. Lieutenant Governor. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. The Lieutenant Governor shall be the President of the Senate and shall have such executive 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 shall 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 shall have been a citizen of the United States 15 years and a legal resident of the state six years immediately preceding the election and shall 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 disability of the Governor as determined in the manner provided in Section IV of this article, the Lieutenant Governor shall exercise the powers and duties of the Governor and receive the same compensation as the Governor until such time as the temporary disability of the Governor ends.
jb) In case of the death, resignation, or permanent disability of the Governor or the Governor-elect, the Lieutenant Governor or the Lieutenant Governor-elect, upon becoming the Lieutenant Governor, shall become the Governor until a successor shall be elected and qualified as hereinafter provided. A successor to serve for the unexpired term shall be elected at the next general election; but, if such death, resignation, or permanent disability shall occur within 30 days of the next general election or if the term will expire within 90 days after the next general election, the Lieutenant Governor shall become Governor for the unexpired term. No person shall 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.
458
JOURNAL OF THE SENATE
(c) In case of the death, resignation, or permanent disability of both the Governor or the Governor-elect and the Lieutenant Governor or the Lieutenant Governor-elect or in case of the death, resignation, or permanent disability of the Governor and there shall be no Lieutenant Governor, the Speaker of the House of Representatives shall exercise the powers and duties of the Governor until the election and qualification of a Governor at a special election, which shall be held within 90 days from the date on which the Speaker of the House of Representatives shall have assumed the powers and duties of the Governor, and the person elected shall serve out the unexpired term.
Paragraph VI. Oath of office. The Governor and Lieutenant Governor shall, before entering on the duties of office, take such oath or affirmation as prescribed by law.
SECTION II.
DUTIES AND POWERS OF GOVERNOR
Paragraph I. Executive powers. The chief executive powers shall be vested in the Governor. The other executive officers shall have such powers as may be prescribed by this Constitution and by law.
Paragraph II. Law enforcement. The Governor shall take care that the laws are faithfully executed and shall be the conservator of the peace throughout the state.
Paragraph III. Commander in chief. The Governor shall be the commander in chief of the military forces of this state.
Paragraph IV. Veto power. Except as otherwise provided in this Constitution, before any bill or resolution shall become law, the Governor shall have the right to review such bill 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 bill or resolution. In the event the Governor vetoes any such bill or resolution, the General Assembly may, by a two-thirds' vote, override such veto as provided in Article III of this Constitution.
Paragraph V. Writs of election. The Governor shall issue writs of election to fill all vacancies that may occur in the Senate and in the House of Representatives.
Paragraph VI. Information and recommendation 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 expedient.
Paragraph VII. Special sessions of the General Assembly, (a) The Governor may convene the General 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 after the special session has convened; but no laws shall be enacted at any such special
FRIDAY, SEPTEMBER 18, 1981
459
session except those which relate to the purposes stated in the proclamation or in any amendment thereto.
(b) The Governor shall convene the General Assembly in special session for all purposes whenever three-fifths of the members to which each house is entitled certify to the Governor in writing, with a copy to the Secretary of State, that in their opinion an emergency exists in the affairs of the state. The General Assembly may convene itself if, after receiving such certification, the Governor fails to do so within three days, excluding Sundays.
(c) Special sessions of the General Assembly shall be limited to a period of 40 days unless extended 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 state 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 public office shall 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 shall serve for the unexpired term unless otherwise provided by this Constitution or by law.
(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, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, an individual to serve until the next general election and until a successor for the balance of the unexpired term shall have been elected and qualified.
Paragraph IX. Appointments by Governor. The Governor shall make such appointments as are authorized by this Constitution or by law. If a person whose confirmation is required by the Senate is once rejected by the Senate, that person shall not be renominated by the Governor for appointment to the same office until the expiration of a period of one year from the date of such rejection.
Paragraph X. Information from officers and employees. The Governor may require information in writing from constitutional officers and all other officers and employees of the executive branch on any subject relating to the duties of their respective offices or employment.
SECTION III.
OTHER ELECTED EXECUTIVE OFFICERS
Paragraph I. Other executive officers, how elected. The Secretary of State, Attorney General, State School Superintendent, Commissioner of Insurance, Commissioner of Agriculture, and Commissioner
460
JOURNAL OF THE SENATE
of Labor shall be elected in the manner prescribed for the election of members of the General Assembly and the electors shall be the same. Such executive officers shall be elected at the same time and hold their offices for the same term as the Governor.
Paragraph II. Qualifications, (a) No person shall 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 shall 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 shall have attained the age of 25 years by the date of assuming office. All of said officers shall take such oath and give bond and security, as prescribed by law, for the faithful discharge of their duties.
(b) No person shall be Attorney General unless such person shall have been an active-status member of the State Bar of Georgia for seven years.
Paragraph III. Powers, duties, compensation, and allowances of other executive officers. Except as otherwise provided in this Constitution, the General Assembly shall 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 all capital felonies and in all civil and criminal cases in any court when required by the Governor, and shall perform such other duties as shall 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.
Paragraph II. Procedure for determining disability. 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 disability, the Supreme Court shall by appropriate rule provide for a speedy and public hearing on such matter, including notice of the nature and cause of the accusation, process for obtaining witnesses, and the assistance of counsel. Evidence at such hearing shall include testimony from not fewer than three qualified physicians in private practice, one of whom must be a psychiatrist.
FRIDAY, SEPTEMBER 18, 1981
461
Paragraph III. Effect of determination of disability. If, after hearing the evidence on disability, 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 shall 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 disability has ended and when the officer shall resume the exercise of the powers of office. During the period of temporary disability, the powers of such office shall be exercised as provided by law.
ARTICLE VI.
JUDICIAL BRANCH
SECTION I.
JUDICIAL POWER
Paragraph I. Judicial power of the state. The judicial power of the state shall be vested exclusively in the following 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 shall be courts of limited 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 shall 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 civil 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 shall comprise a unified judicial system.
Paragraph III. Judges; exercise of power outside own court; scope of term "judge." Provided the judge is otherwise qualified, a judge may exercise 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 existing or created.
Paragraph IV. Exercise of judicial power. Each court may exercise such powers as necessary in aid of its jurisdiction or to protect or effectuate its judgments; but only the superior and appellate courts shall 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.
462
JOURNAL OF THE SENATE
Paragraph V. Uniformity of jurisdiction, powers, etc.; overlapping jurisdiction. Except as provided in Section III, Paragraph I of this article, the courts of each class shall have uniform jurisdiction, powers, rules of practice and procedure, and selection, qualifications, terms, and discipline of judges. The provisions of this Paragraph shall be effected by law within 24 months of the effective date of this article.
Paragraph VI. Judicial circuits; courts in each county; court sessions. The state shall be divided into judicial circuits, each of which shall consist of not less than one county. Each county shall 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 shall hold court at least twice each year in each coun-
ty-
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 shall consist of less than one county.
Paragraph VIII. Transfer of cases. Any court shall transfer to the appropriate court in the state any civil case in which it determines that jurisdiction or venue lies elsewhere.
Paragraph IX. Rules of evidence; law prescribed. All rules of evidence shall be as prescribed by law.
SECTION II.
VENUE
Paragraph I. Divorce cases. Divorce cases shall 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 military reservation within the State of Georgia for one year next preceding the filing of the petition may bring an action for divorce in any county adjacent to said United States army post or military reservation.
Paragraph II. Land titles. Cases respecting titles to land shall be tried in the county where the land lies, except where a single tract is divided by a county line, in which case the superior court of either county shall have jurisdiction.
Paragraph III. Equity cases. Equity cases shall be tried in the county where a defendant resides against whom substantial relief is prayed.
FRIDAY, SEPTEMBER 18, 1981
463
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.
Paragraph V. Suits against maker, endorser, etc. Suits against the maker and endorser of promissory notes, or drawer, acceptor, and endorser of foreign or inland bills of exchange, or like instruments, residing in different counties, shall be tried in the county where the maker or acceptor resides.
Paragraph VI. All other cases. All other civil cases, except juvenile court cases as may otherwise be provided by the Juvenile Court Code of Georgia, shall be tried in the county where the defendant resides; venue as to corporations, foreign and domestic, shall be as provided by law; and all criminal cases shall be tried in the county where the crime was committed, except cases in the superior courts where the judge is satisfied that an impartial jury cannot be obtained in such county.
Paragraph VII. 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 impleaded into a pending civil case by a defending party who contends that such person or entity is or may be liable to said defending party for all or part of the claim against said defending party.
Paragraph VIII. Power to change venue. The power to change the venue in civil and criminal cases shall be vested in the superior courts to be exercised in such manner as has been, or shall be, provided by law.
SECTION III.
CLASSES OF COURTS OF LIMITED JURISDICTION
Paragraph I. Jurisdiction of classes of courts of limited jurisdiction. The magistrate, juvenile, and state courts shall have uniform jurisdiction as provided by law. Probate courts shall 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 shall have jurisdiction in all cases, except as otherwise provided in this Constitution. They shall have exclusive jurisdiction over trials 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 shall have such appellate jurisdiction, either alone or by circuit or district, as may be provided by law.
464
JOURNAL OF THE SENATE
SECTION V.
COURT OF APPEALS
Paragraph I. Composition of Court of Appeals; Chief Judge. The Court of Appeals shall consist of not less than nine Judges who shall elect from among themselves a Chief Judge.
Paragraph II. 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 III. Jurisdiction of Court of Appeals; decisions binding. The Court of Appeals shall be a court of review and shall exercise appellate and certiorari jurisdiction in all 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 shall bind all 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 shall be immediately transmitted to the Supreme Court.
SECTION VI.
SUPREME COURT
Paragraph I. Composition of Supreme Court; Chief Justice; Presiding Justice; quorum; substitute judges. The Supreme Court shall consist of not more than nine Justices who shall 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 shall be necessary to hear and determine cases. If a Justice is disqualified in any case, a substitute judge may be designated by the remaining Justices to serve.
Paragraph II. Exclusive appellate jurisdiction of Supreme Court. The Supreme Court shall be a court of review and shall exercise exclusive appellate jurisdiction in the following cases:
(1) All cases involving the construction of a treaty or of the Constitution of the State of Georgia or of the United States and all cases in which the constitutionality of a law, ordinance, or constitutional provision has been drawn in question; and
(2| All cases of election contest.
FRIDAY, SEPTEMBER 18, 1981
465
Paragraph III. General appellate jurisdiction of Supreme Court. Unless otherwise provided by law, the Supreme Court shall have appellate jurisdiction of the following classes of cases:
(1| Cases involving title to land;
(2) All equity cases;
(3) All cases involving wills;
(4) All habeas corpus cases;
(5| All cases involving extraordinary remedies;
(6) All divorce and alimony cases;
(7) All cases certified to it by the Court of Appeals; and
(8| All cases in which a sentence of death was imposed or could be imposed.
Review of all cases shall be as provided by law.
Paragraph IV. Jurisdiction over questions of law from state or federal appellate courts. The Supreme Court shall have jurisdiction to answer any question of law from any state or federal appellate court.
Paragraph V. Review of cases in Court of Appeals. The Supreme Court may review by certiorari cases in the Court of Appeals which are of gravity or great public importance.
Paragraph VI. Decisions of Supreme Court binding. The decisions of the Supreme Court shall bind all other courts as precedents.
SECTION VII.
SELECTION, TERM, COMPENSATION, AND DISCIPLINE OF JUDGES
Paragraph I. Election; term of office. All superior court and state court judges shall be elected on a nonpartisan basis for a term of four years. All Justices of the Supreme Court and the Judges of the Court of Appeals shall be elected on a nonpartisan basis for a term of six years. The terms of all judges thus elected shall begin the next January 1 after their election. All other judges shall continue to be selected in the manner and for the term they were selected on June 30, 1983, until otherwise provided by local law.
Paragraph II. Qualifications, (a) Appellate and superior court judges shall have been admitted to practice law for seven years.
(b) State and juvenile court judges shall have been admitted to practice law for five years.
466
JOURNAL OF THE SENATE
(c) Probate and magistrate judges shall have such qualifications as provided by law.
(d) All judges shall reside in the geographical area in which they are selected to serve.
(e) The General Assembly may provide by law for additional qualifications, including, but not limited to, minimum residency requirements.
Paragraph III. Vacancies. Vacancies shall be filled by appointment of the Governor except as otherwise provided by law in the magistrate, probate, and juvenile courts.
Paragraph IV. Period of service of appointees. An appointee to an elective office shall serve until a successor is duly selected and qualified and until January 1 of the year following the next general election which is more than six months after such person's appointment.
Paragraph V. Compensation and allowances of judges. All judges shall receive compensation and allowances as provided by law; county supplements are hereby continued and may be granted or changed by the General Assembly. County governing authorities which had the authority on June 30, 1983, to make county supplements shall continue to have such authority under this Constitution. An incumbent's salary, allowance, or supplement shall not be decreased during the incumbent's term of office.
Paragraph VI. Judicial Qualifications Commission; power; composition. The power to discipline, remove, and cause involuntary retirement of judges shall be vested in the Judicial Qualifications Commission. It shall consist of seven members, as follows:
(1) Two judges of any court of record, selected by the Supreme Court;
(2) Three members of the State Bar of Georgia who shall have been active status members of the state bar for at least ten years and who shall be elected by the board of governors of the state bar; and
(3) Two citizens, neither of whom shall be a member of the state bar, who shall be appointed by the Governor.
Paragraph VII. Discipline, removal, and involuntary retirement of judges. Any judge may be removed, suspended, or otherwise disciplined for willful misconduct in office, or for willful and persistent failure to perform the duties of office, or for habitual intemperance, or for conviction of a crime involving moral turpitude. Any judge may be retired for disability which constitutes a serious and likely permanent interference with the performance of the duties of office. The Supreme Court shall adopt rules of implementation.
FRIDAY, SEPTEMBER 18, 1981
467
Paragraph VIII. Due process; review by Supreme Court. No action shall be taken against a judge except after hearing and in accordance with due process of law. No removal or involuntary retirement shall occur except upon order of the Supreme Court after review.
SECTION VIII.
DISTRICT ATTORNEYS
Paragraph I. District attorneys; vacancies; qualifications; compensation; duties; immunity, (a) There shall be a district attorney for each judicial circuit, who shall be elected circuit-wide for a term of four years. The successors of present and subsequent incumbents shall be elected by the electors of their respective circuits at the general election held immediately preceding the expiration of their respective terms. District attorneys shall serve until their successors are duly elected and qualified. Vacancies shall be filled by appointment of the Governor.
(b) No person shall be a district attorney unless such person shall have been an active-status member of the State Bar of Georgia for three years immediately preceding such person's election.
jc) The district attorneys shall receive such compensation and allowances as provided by law and shall be entitled to receive such local supplements to their compensation and allowances as may be provided by law.
(d) It shall be the duty of the district attorney to represent the state in all criminal cases in the superior court of such district attorney's circuit and in all cases appealed from the superior court and the juvenile courts of that circuit to the Supreme Court and the Court of Appeals and to perform such other duties as shall be required by law.
(e) District attorneys shall enjoy immunity from private suit for actions arising from the performance of their duties.
Paragraph II. Discipline, removal, and involuntary retirement of district attorneys. Any district attorney may be disciplined, removed or involuntarily retired as provided by general law.
SECTION IX.
GENERAL PROVISIONS
Paragraph 1. Administration of the judicial system; uniform court rules; advice and consent of councils. The judicial system shall be administered as provided in this Paragraph. Not more than 24 months after the effective date hereof, and from time to time thereafter by amendment, the Supreme Court shall, with the advice and consent of the council of the affected class or classes of trial courts, by order adopt and publish uniform court rules and record-keeping rules which shall provide for the speedy, efficient, and inexpensive resolution of disputes and prosecutions. Each council shall be comprised of all of the judges of the courts of that class.
468
JOURNAL OF THE SENATE
Paragraph II. Disposition of cases. The Supreme Court and the Court of Appeals shall dispose of every case at the term for which it is entered on the court's docket for hearing or at the next term.
SECTION X.
TRANSITION
Paragraph I. Effect of ratification. On the effective date of this article:
(1) Superior courts shall continue as superior courts.
(2) State courts shall continue as state courts.
(3) Probate courts shall continue as probate courts.
(4) Juvenile courts shall continue as juvenile courts.
(5) Municipal courts not otherwise named herein, of whatever name, shall continue as and be denominated municipal courts, except that the City Court of Atlanta shall retain its name. Such municipal courts, county recorder's courts, the Civil Courts of Richmond and Bibb counties, and administrative agencies having quasi-judicial powers shall continue with the same jurisdiction as such courts and agencies have on the effective date of this article until otherwise provided by law.
(6) Justice of the peace courts, small claims courts, and magistrate courts operating on the effective date of this article, the County Court of Echols County, the County Court of Baldwin County, and the County Court of Putnam County shall become and be classed as magistrate courts.
Paragraph II. Continuation of judges. Each judge holding office on the effective date of this article shall continue in office until the expiration of the term of office, as a judge of the court having the same or similar jurisdiction. Each court not named herein shall cease to exist on such date or at the expiration of the term of the incumbent judge, whichever is later; and its jurisdiction shall automatically pass to the new court of the same or similar jurisdiction, in the absence of which court it shall pass to the superior court.
ARTICLE VII.
TAXATION AND FINANCE
SECTION I.
POWER OF TAXATION
Paragraph 1. Taxation; limitations on grants of tax powers. The state may not suspend or irrevocably give, grant, limit, or restrain the right of taxation and all laws, grants, contracts, and other acts to effect
FRIDAY, SEPTEMBER 18, 1981
469
any of these purposes are null and void. Except as otherwise provided in this Constitution, the right of taxation shall always be under the complete control of the state.
Paragraph II. Taxing power limited, (a] The annual levy of state ad valorem taxes on tangible property for all purposes, except for defending the state in an emergency, shall not exceed one-fourth mill on each dollar of the assessed value of the property.
(b) So long as the method of taxation in effect on December 31, 1980, for the taxation of shares of stock of banking corporations and other monied capital coming into competition with such banking corporations continues in effect, such shares and other monied capital may be taxed at an annual rate not exceeding five mills on each dollar of the assessed value of the property.
Paragraph III. Uniformity; classification of property; assessment of agricultural land; utilities, (a) All taxes shall be levied and collected under general laws and for public purposes only. Except as otherwise provided in subparagraph (c), all taxation shall be uniform upon the same class of subjects within the territorial limits of the authority levying the tax.
(b) (1) Except as otherwise provided in this subparagraph (b), classes of subjects for taxation of property shall consist of tangible property and one or more classes of intangible personal property including money.
(2) Subject to the conditions and limitations specified by law, each of the following types of property may be classified as a separate class of property for ad valorem property tax purposes and different rates, methods, and assessment dates may be provided for such properties:
(A) Motor vehicles, including trailers.
(B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation.
(c) Tangible real property, but no more than 2,000 acres of any single property owner, which is devoted to bona fide agricultural purposes shall be assessed for ad valorem taxation purposes at 75 percent of the value which other tangible real property is assessed. No property shall be entitled to receive the preferential assessment provided for in this subparagraph if the property which would otherwise receive such assessment would result in any person who has a beneficial interest in such property, including any interest in the nature of stock ownership, receiving the benefit of such preferential assessment as to more than 2,000 acres. No property shall be entitled to receive the preferential assessment provided for in this subparagraph unless the conditions set out below are met:
(1) The property must be owned by:
470
JOURNAL OF THE SENATE
(A) One or more natural or naturalized citizens; or
(B) A family-owned farm corporation, the controlling interest of which is owned by individuals related to each other within the fourth degree of civil reckoning, and such corporation derived 80 percent or more of its gross income from bona fide agricultural pursuits within this state within the year immediately preceding the year in which eligibility is sought.
(2) The General Assembly shall provide by law:
(A) For a definition of the term "bona fide agricultural purposes," but such term shall include timber production;
(B) For additional minimum conditions of eligibility which such properties must meet in order to qualify for the preferential assessment provided for herein, including, but not limited to, the requirement that the owner be required to enter into a covenant with the appropriate taxing authorities to maintain the use of the properties in bona fide agricultural purposes for a period of not less than ten years and for appropriate penalties for the breach of any such covenant.
(3) In addition to the specific conditions set forth in this subparagraph (c), the General Assembly may place further restrictions upon, but may not relax, the conditions of eligibility for the preferential assessment provided for herein.
(d) The General Assembly may provide for a different method and time of returns, assessments, payment, and collection of ad valorem taxes of public utilities, but not on a greater assessed percentage of value or at a higher rate of taxation than other properties, except that property provided for in subparagraph (c).
SECTION II.
EXEMPTIONS FROM AD VALOREM TAXATION
Paragraph I. Unauthorized tax exemption void. Except as authorized in or pursuant to this Constitution, all laws exempting property from ad valorem taxation are void.
Paragraph II. Exemptions from taxation of property. (a)(l) Except as otherwise provided in this Constitution, no property shall be exempted from ad valorem taxation unless the exemption is approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote and by a majority of the qualified electors of the state voting in a referendum thereon.
(2) Homestead exemptions from ad valorem taxation levied by local taxing jurisdictions may be granted by local law conditioned upon approval by a majority of the qualified electors residing within the limits of the local taxing jurisdiction voting in a referendum thereon.
FRIDAY, SEPTEMBER 18, 1981
471
(3) Laws subject to the requirement of a referendum as provided in this subparagraph (a) may originate in either the Senate or the House of Representatives.
(4) The requirements of this subparagraph (a) shall not apply with respect to a law which codifies or recodifies an exemption previously authorized in the Constitution of 1976 or an exemption authorized pursuant to this Constitution.
(b) The grant of any exemption from ad valorem taxation shall be subject to the conditions, limitations, and administrative procedures specified by law
Paragraph III. Exemptions which may be authorized locally. (a)(l) The governing authority of any county or municipality, subject to the approval of a majority of the qualified electors of such political subdivision voting in a referendum thereon, may exempt from ad valorem taxation, including all such taxation levied for educational purposes and for state purposes, inventories of goods in the process of manufacture or production, and inventories of finished goods.
(2) Exemptions granted pursuant to this subparagraph (a) may only be revoked by a referendum election called and conducted as provided by law. The call for such referendum shall not be issued within five years from the date such exemptions were first granted and, if the results of the election are in favor of the revocation of such exemptions, then such revocation shall be effective only at the end of a fiveyear period from the date of such referendum.
(3) The implementation, administration, and revocation of the exemptions authorized in this subparagraph (a| shall be provided for by law. Until otherwise provided by law, the grant of the exemption shall be subject to the same conditions, limitations, definitions, and procedured provided for the grant of such exemption in the Constitution of 1976 on June 30, 1983.
(b) That portion of Article VII, Section I, Paragraph IV of the Constitution of 1976 which authorized local exemptions for certain property used in solar energy heating or cooling systems and in the manufacture of such systems is adopted by this reference as a part of this Constitution as completely as though incorporated in this Paragraph verbatim. This subparagraph (b) is repealed effective July 1, 1986.
Paragraph IV. Current property tax exmptions preserved. Those types of exemptions from ad valorem taxation provided for by law on June 30, 1983, are hereby continued in effect as statutory law until otherwise provided for by law. Any law which reduced or repeals any homestead exemption in existence on June 30, 1983, or created thereafter must be approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote and by a majority of the qualified electors of the state or the affected local taxing jurisdiction voting in a referendum thereon. Any law which reduces or repeals exemptions granted to religious or burial grounds or institutions of purely public charity must be approved by two-thirds of the members elected to each branch of the General Assembly.
472
JOURNAL OF THE SENATE
SECTION III.
PURPOSES AND METHOD OF STATE TAXATION
Paragraph I. Taxation; purposes for which powers may be exercised, (a) Except as otherwise provided in this Constitution, the power of taxation over the whole state may be exercised for any purpose authorized by law. Any purpose for which powers of taxation over the whole state could have been exercised on June 30, 1983, shall continue to be a purpose for which such powers may be exercised.
(b) Subject to conditions and limitations as may be provided by law, the power of taxation may be exercised to make grants for tax relief purposes to persons for sales tax paid and not otherwise reimbursed on prescription drugs. Credits or relief provided hereunder may be limited only to such reasonable classifications of taxpayers as may be specified by law.
Paragraph II. Revenue to be paid into general fund, (a) Except as otherwise provided in this Constitution, all revenue collected from taxes, fees, and assessments for state purposes, as authorized by revenue measures enacted by the General Assembly, shall be paid into the general fund of the state treasury.
(b)(l) As authorized bylaw providing for the promotion of any one or more types of agriculture products, fees, assessments, and other charges collected on the sale or processing of agricultural products need not be paid into the general fund of the state treasury. The uniformity requirement of this article shall be satisfied by the application of the agricultural promotion program upon the affected products.
(2) As used in this subparagraph, "agricultural products" includes, but is not limited to, registered livestock and livestock products, poultry and poultry products, timber and timber products, fish and seafood, and the products of the farms and forests of this state.
Paragraph III. Grants to counties and municipalities. State funds may be granted to counties and municipalities within the state. The grants authorized by this Paragraph shall be made in such manner and form and subject to the procedures and conditions specified by law. The law providing for any such grant may limit the purposes for which the grant funds may be expended.
SECTION IV.
STATE DEBT
Paragraph I. Purposes for which debt may be incurred. The state may incur:
(a) Public debt without limit to repel invasion, suppress insurrection, and defend the state in time of war.
FRIDAY, SEPTEMBER 18, 1981
473
(b) Public debt to supply a temporary deficit in the state treasury in any fiscal year created by a delay in collecting the taxes of that year. Such debt shall not exceed, in the aggregate, 5 percent of the total revenue receipts, less refunds, of the state treasury in the fiscal year immediately preceding the year in which such debt is incurred. The debt incurred shall be repaid on or before the last day of the fiscal year in which it is incurred out of taxes levied for that fiscal year. No such debt may be incurred in any fiscal year under the provisions of this subparagraph jb) if there is then outstanding unpaid debt from any previous fiscal year which was incurred to supply a temporary deficit in the state treasury.
(c) General obligation debt to acquire, construct, develop, extend, enlarge, or improve land, waters, property, highways, buildings, structures, equipment, or facilities of the state, its agencies, departments, institutions, and of those state authorities which were created and activated prior to November 8, 1960.
(d) General obligation debt to provide educational facilities for county and independent school systems and, when the construction of such educational facilities has been completed, the title to such educational facilities shall be vested in the respective local boards of education for which such facilities were constructed.
(e) Guaranteed revenue debt by guaranteeing the payment of revenue obligations issued by an instrumentality of the state if such revenue obligations are issued to finance:
(1) Toll bridges or toll roads.
(2) Land public transportation facilities or systems.
(3) Water facilities or systems.
(4) Sewage facilities or systems.
(5) Loans to, and loan programs for, citizens of the state for educational purposes.
Paragraph II. State general obligation debt and guaranteed revenue debt; limitations, (a) As used in this Paragraph and Paragraph III of this section, "annual debt service requirements" means the total principal and interest coming due in any state fiscal year. With regard to any issue of debt incurred wholly or in part on a term basis, "annual debt service requirements" means an amount equal to the total principal and interest payments required to retire such issue in full divided by the number of years from its issue date to its maturity date.
(b) No debt may be incurred under subparagraphs (c), (d), and (e) of Paragraph I of this section or Paragraph V of this section at any time when the highest aggregate annual debt service requirements for the then current year or any subsequent year for outstanding general obligation debt and guaranteed revenue debt, including the proposed debt, and the highest aggregate annual payments for the then current
474
JOURNAL OF THE SENATE
year or any subsequent fiscal year of the state under all contracts then in force to which the provisions of the second paragraph of Article IX, Section VI, Paragraph I(a) of the Constitution of 1976 are applicable, exceed 10 percent of the total revenue receipts, less refunds of the state treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred.
(c) No debt may be incurred under subparagraphs (c) and (d) of Paragraph I of this section at any time when the term of the debt is in excess of 25 years.
(d) No guaranteed revenue debt may be incurred to finance water or sewage treatment facilities or systems when the highest aggregate annual debt service requirements for the then current year or any subsequent fiscal year of the state for outstanding or proposed guaranteed revenue debt for water facilities or systems or sewage facilities or systems exceed 1 percent of the total revenue receipts less refunds, of the state treasury in the fiscal year immediately preceding the year in which any such debt is to be incurred.
(e) The aggregate amount of guaranteed revenue debt incurred to make loans for educational purposes that may be outstanding at any time shall not exceed $18 million, and the aggregate amount of guaranteed revenue debt incurred to purchase, or to lend or deposit against the security of, loans for educational purposes that may be outstanding at any time shall not exceed $72 million.
Paragraph III. State general obligation debt and guaranteed revenue debt; conditions upon issuance; sinking funds and reserve funds. (a)(l) General obligation debt may not be incurred until legislation is enacted stating the purposes, in general or specific terms, for which such issue of debt is to be incurred, specifying the maximum principal amount of such issue and appropriating an amount at least sufficient to pay the highest annual debt service requirements for such issue. All such appropriations for debt service purposes shall not lapse for any reason and shall continue in effect until the debt for which such appropriation was authorized shall have been incurred, but the General Assembly may repeal any such appropriation at any time prior to the incurring of such debt. The General Assembly shall raise by taxation and appropriate each fiscal year, in addition to the sum necessary to make all payments required under contracts entitled to the protection of the second paragraph of Paragraph I(a), Section VI, Article IX of the Constitution of 1976, such amounts as are necessary to pay debt service requirements in such fiscal year on all general obligation debt.
(2)(A) The General Assembly shall appropriate to a special trust fund to be designated "State of Georgia General Obligation Debt Sinking Fund" such amounts as are necessary to pay annual debt service requirements on all general obligation debt. The sinking fund shall be used solely for the retirement of general obligation debt payable from the fund. If for any reason the monies in the sinking fund are insufficient to make, when due, all payments required with respect to such general obligation debt, the first revenues thereafter received in the
FRIDAY, SEPTEMBER 18, 1981
475
general fund of the state shall be set aside by the appropriate state fiscal officer to the extent necessary to cure the deficiency and shall be deposited by the fiscal officer into the sinking fund. The appropriate state fiscal officer may be required to set aside and apply such revenues at the suit of any holder of any general obligation debt incurred under this section.
(B) The obligation to make sinking fund deposits as provided in subparagraph (2)(A) shall be subordinate to the obligation imposed upon the fiscal officers of the state pursuant to the provisions of the second paragraph of Paragraph I(a) of Section VI of Article IX of the Constitution of 1976.
(b)(l) Guaranteed revenue debt may not be incurred until legislation has been enacted authorizing the guarantee of the specific issue of revenue obligations then proposed, reciting that the General Assembly has determined such obligations will be self-liquidating over the life of the issue (which determination shall be conclusive), specifying the maximum principal amount of such issue and appropriating an amount at least equal to the highest annual debt service requirements for such issue.
(2)(A) Each appropriation made for the purposes of subparagraph (b)(l) shall be paid upon the issuance of said obligations into a special trust fund to be designated "State of Georgia Guaranteed Revenue Debt Common Reserve Fund" to be held together with all other sums similarly appropriated as a common reserve for any payments which may be required by virtue of any guarantee entered into in connection with any issue of guaranteed revenue obligations. No appropriations for the benefit of guaranteed revenue debt shall lapse unless repealed prior to the payment of the appropriation into the common reserve fund.
(B) If any payments are required to be made from the common reserve fund to meet debt service requirements on guaranteed revenue obligations by virtue of an insufficiency of revenues, the amount necessary to cure the deficiency shall be paid from the common reserve fund by the appropriate state fiscal officer. Upon any such payment, the common reserve fund shall be reimbursed from the general funds of the state within ten days following the commencement of any fiscal year of the state for any amounts so paid; provided, however, the obligation to make any such reimbursements shall be subordinate to the obligation imposed upon the fiscal officers of the state pursuant to the second paragraph of Paragraph l(a) of Section VI, Article IX of the Constitution of 1976 and shall also be subordinate to the obligation to make sinking fund deposits for the benefit of general obligation debt. The appropriate state fiscal officer may be required to apply such funds as provided in this subparagraph (b)(2)(B) at the suit of any holder of any such guaranteed revenue obligations.
(C) The amount to the credit of the common reserve fund shall at all times be at least equal to the aggregate highest annual debt service requirements on all outstanding guaranteed revenue obligations entitled to the benefit of the fund. If at the end of any fiscal year of the
476
JOURNAL OF THE SENATE
state the fund is in excess of the required amount, the appropriate state fiscal officer, as designated by law, shall transfer the excess amount to the general funds of the state free of said trust.
(c| The funds in the general obligation debt sinking fund and the guaranteed revenue debt common reserve fund shall be as fully invested as is practicable, consistent with the requirements to make current principal and interest payments. Any such investments shall be restricted to obligations constituting direct and general obligations of the United States government or obligations unconditionally guaranteed as to the payment of principal and interest by the United States government, maturing no longer than 12 months from date of purchase.
Paragraph IV. Certain contracts prohibited. The state, and all state institutions, departments and agencies of the state are prohibited from entering into any contract, except contracts pertaining to guaranteed revenue debt, with any public agency, public corporation, authority, or similar entity if such contract is intended to constitute security for bonds or other obligations issued by any such public agency, public corporation, or authority and, in the event any contract between the state, or any state institution, department or agency of the state and any public agency, public corporation, authority or similar entity, or any revenues from any such contract, is pledged or assigned as security for the repayment of bonds or other obligations, then and in either such event, the appropriation or expenditure of any funds of the state for the payment of obligations under any such contract shall likewise be prohibited.
Paragraph V. Refunding of debt. The state may incur general obligation debt or guaranteed revenue debt to fund or refund any such debt or to fund or refund any obligations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I(a), Section VI, Article IX of the Constitution of 1976 are applicable. The issuance of any such debt for the purposes of said funding or refunding shall be subject to the 10 percent limitation in Paragraph II(b) of this section to the same extent as debt incurred under Paragraph I of this section; provided, however, in making such computation the annual debt service requirements and annual contract payments remaining on the debt or obligations being funded or refunded shall not be taken into account. The issuance of such debt may be accomplished by resolution of the Georgia State Financing and Investment Commission without any action on the part of the General Assembly and any appropriation made or required to be made with respect to the debt or obligation being funded or refunded shall immediately attach and inure to the benefit of the obligations to be issued in connection with such funding or refunding. Debt incurred in connection with any such funding or refunding shall be the same as that originally authorized by the General Assembly, except that general obligation debt may be incurred to fund or refund obligations issued upon the security of contracts to which the provisions of the second paragraph of Paragraph I(a), Section VI, Article IX of the Constitution of 1976 are applicable and the continuing appropriations required to be made under this Constitution shall immediately attach and inure to the benefit of the obligation to be issued in connection
FRIDAY, SEPTEMBER 18, 1981
477
with such funding or refunding with the same force and effect as though said obligations so funded or refunded had originally been issued as a general obligation debt authorized hereunder. The term of a funding or refunding issue pursuant to this Paragraph shall not extend beyond the term of the original debt or obligation and the total interest on the funding or refunding issue shall not exceed the total interest to be paid on such original debt or obligation. The principal amount of any debt issued in connection with such funding or refunding may exceed the principal amount being funded or refunded to the extent necessary to provide for the payment of any premium thereby incurred.
Paragraph VI. Faith and credit of state pledged debt may be validated. The full faith, credit, and taxing power of the state are hereby pledged to the payment of all public debt incurred under this article and all such debt and the interest on the debt shall be exempt from taxation. Such debt may be validated by judicial proceedings in the manner provided by law. Such validation shall be incontestable and conclusive.
Paragraph VII. Georgia State Financing and Investment Commission; duties. There shall be a Georgia State Financing and Investment Commission. The commission shall consist of the Governor, the President of the Senate, the Speaker of the House of Representatives, the State Auditor, the Attorney General, the director, Fiscal Division, Department of Administrative Services, or such other officer as may be designated by law, and the Commissioner of Agriculture. The commission shall be responsible for the issuance of all public debt and for the proper application, as provided by law, of the proceeds of such debt to the purposes for which it is incurred; provided, however, the proceeds from guaranteed revenue obligations shall be paid to the issuer thereof and such proceeds and the application thereof shall be the responsibility of such issuer. Debt to be incurred at the same time for more than one purpose may be combined in one issue without stating the purpose separately but the proceeds thereof must be allocated, disbursed and used solely in accordance with the original purpose and without exceeding the principal amount authorized for each purpose set forth in the authorization of the General Assembly and to the extent not so used shall be used to purchase and retire public debt. The commission shall be responsible for the investment of all proceeds to be administered by it and, as provided by law, the income earned on any such investments may be used to pay operating expenses of the commission or placed in a common debt retirement fund and used to purchase and retire any public debt, or any bonds or obligations issued by any public agency, public corporation or authority which are secured by a contract, to which the provisions of the second paragraph of Paragraph Ija) of Section VI, Article IX of the Constitution of 1976 are applicable. The commission shall have such additional responsibilities, powers, and duties as are provided by law.
Paragraph VIII. State aid forbidden. Except as provided in this Constitution, the credit of the state shall not be pledged or loaned to any individual, company, corporation, or association. The state shall not become a joint owner or stockbroker in or with any individual, company, association, or corporation.
478
JOURNAL OF THE SENATE
Paragraph IX. Construction. Paragraphs I through VIII of this section are for the purpose of providing an effective method of financing the state's needs and their provision and any law now or hereafter enacted by the General Assembly in furtherance of their provisions shall be liberally construed to effect such purpose. Insofar as any such provisions or any such law may be inconsistent with any other provisions of this Constitution or of any other law, the provisions of such Paragraphs and laws enacted in furtherance of such Paragraphs shall be controlling; provided, however, the provisions of such Paragraphs shall not be so broadly construed as to cause the same to be unconstitutional and in connection with any such construction such Paragraphs shall be deemed to contain such implied limitations as shall be required to accomplish the foregoing.
Paragraph X. Assumption of debts forbidden; exceptions. The state shall not assume the debt, or any part thereof, of any county, municipality, or other political subdivision of the state, unless such debt be contracted to enable the state to repel invasion, suppress civil disorders or insurrection, or defend itself in time of war.
Paragraph XL Section not to unlawfully impair contracts or revive obligations previously voided. The provisions of this section shall not be construed so as to:
(a) Unlawfully impair the obligation of any contract in effect on June 30, 1983.
(b) Revive or permit the revival of the obligation of any bond or security declared to be void by the Constitution of 1976 or any previous Constitution of this state.
ARTICLE VIII.
EDUCATION
SECTION I.
PUBLIC EDUCATION
Paragraph I. Public education; free public education prior to college or postsecondary level; support by taxation. The provisions of an adequate public education for the citizens shall be a primary obligation of the State of Georgia. Public education for the citizens prior to the college or postsecondary level shall be free and shall be provided for by taxation. The expense of other public education shall be provided for in such manner and in such amount as may be provided by law.
SECTION 11.
STATE BOARD OF EDUCATION
Paragraph 1. State Board of Education, (a) There shall be a State Board of Education which shall consist of one member from each congressional district in the state appointed by the Governor and confirmed bv the Senate. The Governor shall not be a member of said board.
FRIDAY, SEPTEMBER 18, 1981
479
The ten members in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. The terms of office of all members appointed after the effective date of this Constitution shall be for seven years. Members shall serve until their successors are appointed and qualified. In the event of a vacancy on the board by death, resignation, removal, or any reason other than expiration of a member's term, the Governor shall fill such vacancy; and the person so appointed shall serve until confirmed by the Senate and, upon confirmation, shall serve for the unexpired term of office.
jb) The State Board of Education shall have such powers and duties as provided by law.
(c) The State Board of Education may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of the state educational system.
(d) The qualifications, compensation, and removal from office of the members of the board of education shall be as provided by law.
SECTION III.
STATE SCHOOL SUPERINTENDENT
Paragraph I. State School Superintendent. There shall be a State School Superintendent, who shall be the executive officer of the State Board of Education, elected at the same time and in the same manner and for the same term as that of the Governor. The State School Superintendent shall have such qualifications and shall be paid such compensation as may be fixed by law. No member of the State Board of Education shall be eligible for election as State School Superintendent during the time for which such member shall have been appointed.
SECTION IV.
BOARD OF REGENTS
Paragraph I. University System of Georgia; board of regents, (a) There shall be a Board of Regents of the University System of Georgia which shall consist of one member from each congressional district in the state and five additional members from the state at large, appointed by the Governor and confirmed by the Senate. The Governor shall not be a member of said board. The members in office on June 30, 1983, shall serve out the remainder of their respective terms. As each term of office expires, the Governor shall appoint a successor as herein provided. All such terms of members shall be for seven years. Members shall serve until their successors are appointed and qualified. In the event of a vacancy on the board by death, resignation, removal, or any reason other than the expiration of a member's term, the Governor shall fill such vacancy; and the person so appointed shall serve until confirmed by the Senate and, upon confirmation, shall serve for the unexpired term of office.
480
JOURNAL OF THE SENATE
(b) The board of regents shall have the exclusive authority to create new public colleges, junior colleges, and universities in the State of Georgia, subject to approval by majority vote in the House of Representatives and the Senate. Such vote shall not be required to change the status of a college, institution or university existing on the effective date of this Constitution. The government, control, and management of the University System of Georgia and all of the institutions in said system shall be vested in the Board of Regents of the University System of Georgia.
(c) All appropriations made for the use of any or all institutions in the university system shall be paid to the board of regents in a lump sum, with the power and authority in said board to allocate and distribute the same among the institutions under its control in such way and manner and in such amounts as will further an efficient and economical administration of the university system.
(d) The board of regents may hold, purchase, lease, sell, convey, or otherwise dispose of public property, execute conveyances thereon, and utilize the proceeds arising therefrom; may exercise the power of eminent domain in the manner provided by law; and shall have such other powers and duties as provided by law.
(e) The board of regents may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of the University System of Georgia.
(f) The qualifications, compensation, and removal from office of the members of the board of regents shall be as provided by law.
SECTION V.
LOCAL SCHOOL SYSTEMS
Paragraph I. School systems continued; consolidation of school systems authorized; new independent school systems prohibited. Authority is granted to county and area boards of education to establish and maintain public schools within their limits. Existing county and independent school systems shall be continued, except that the General Assembly may provide by law for the consolidation of two ore more county school systems, independent school systems, portions thereof, or any combination thereof into a single county or area school system under the control and management of a county or area board of education, under such terms and conditions as the General Assembly may prescribe; but no such consolidation shall become effective until approved by a majority of the qualified voters voting thereon in each separate school system proposed to be consolidated. No independent school system shall hereafter be established.
Paragraph II. Boards of education. Each school system shall be under the management and control of a board of education, the members of which shall be elected or appointed as provided by law. School board members shall reside within the territory embraced by the school system and shall have such compensation and additional qualifications as may be provided by law.
FRIDAY, SEPTEMBER 18, 1981
481
Paragraph III. School superintendents. There shall be a school superintendent of each system who shall be the executive officer of the board of education and shall have such qualifications, powers, and duties as provided by general law.
Paragraph IV. Changes in school boards and superintendent, (a) The composition of school boards, the term of office, and the methods of selecting board members and school superintendents, including whether elections shall be partisan or nonpartisan, shall be as provided by law applicable thereto on June 30, 1983, but may be changed thereafter only by local law, conditioned upon approval by a majority of the qualified voters voting thereon in the system affected.
(b) School systems which are authorized on June 30, 1983, to make the changes listed in subparagraph (a) of this Paragraph by local law without a referendum may continue to do so.
Paragraph V. Power of boards to contract with each other, (a) Any two or more boards of education may contract with each other for the care, education, and transportation of pupils and for such other activities as they may be authorized by law to perform.
(b) The General Assembly may provide by law for the sharing of facilities or services by and between local boards of education under such joint administrative authority as may be authorized.
Paragraph VI. Power of boards to accept bequests, donations, grants, and transfers. The board of education of each school system may accept bequests, donations, grants, and transfers of land, buildings, and other property for the use of such system.
Paragraph VII.x Special schools, (a) The General Assembly may provide by law for the creation of special schools in such areas as may require them and may provide for the participation of local boards of education in the establishment of such schools under such terms and conditions as it may provide; but no bonded indebtedness may be incurred nor a school tax levied for the support of special schools without the approval of a majority of the qualified voters voting thereon in each of the systems affected. Any special schools shall be operated in conformity with regulations of the State Board of Education pursuant to provisions of law. The state is authorized to expend funds for the support and maintenance of special schools in such amount and manner as may be provided by law.
(b) Nothing contained herein shall be construed to affect the authority of local boards of education or of the state to support and maintain special schools created prior to June 30, 1983.
SECTION VI.
LOCAL TAXATION FOR EDUCATION
Paragraph I. Local taxation for education, (a) The board of education of each school system shall annually certify to its fiscal authority or authorities a school tax not greater than 20 mills per dollar for the
482
JOURNAL OF THE SENATE
support and maintenance of education. Said fiscal authority or authorities shall annually levy said tax upon the assessed value of all taxable property within the territory served by said school system, provided that the levy made by an area board of education, which levy shall not be greater than 20 mills per dollar, shall be in such amount and within such limits as may be prescribed by local law applicable thereto.
(b) School tax funds shall be expended only for the support and maintenance of public schools, public vocational-technical schools, public education, and activities necessary or incidental thereto, including school lunch purposes.
(c) The 20 mill limitation provided for in subparagraph (a) of this Paragraph shall not apply to those school systems which are authorized on June 30, 1983, to levy a school tax in excess thereof.
(d) The method of certification and levy of the school tax provided for in subparagraph (a) of this Paragraph shall not apply to those systems that are authorized on June 30, 1983, to utilize a different method of certification and levy of such tax; but the General Assembly may by law require that such systems be brought into conformity with the method of certification and levy herein provided.
Paragraph II. Increasing or removing tax rate. The mill limitation in effect on June 30, 1983, for any school system may be increased or removed by action of the respective boards of education, but only after such action has been approved by a majority of the qualified voters voting thereon in the particular school system to be affected in the manner provided by law.
Paragraph III. School tax collection reimbursement. The General Assembly may by general law require local boards of education to reimburse the appropriate governing authority for the collection of school taxes, provided that any rate established may be reduced by local act.
SECTION VII.
EDUCATIONAL ASSISTANCE
Paragraph I. Educational assistance programs authorized, (a) Pursuant to laws now or hereafter enacted by the General Assembly, public funds may be expanded for any of the following purposes:
(1) To provide grants, scholarships, loans, or other assistance to students and to parents of students for educational purposes.
(2) To provide for a program of guaranteed loans to students and to parents of students for educational purposes and to pay interest, interest subsidies, and fees to lenders on such loans. The General Assembly is authorized to provide such tax exemptions to lenders as shall be deemed advisable in connection with such program.
FRIDAY, SEPTEMBER 18, 1981
483
(3) To match funds now or hereafter available for students assistance pursuant to any federal law.
(4) To provide grants, scholarships, loans, or other assistance to public employees for educational purposes.
(5) To provide for the purchase of loans made to students for educational purposes who have completed a program of study in a field in which critical shortages exist and for cancellation of repayment of such loans, interest, and charges thereon.
(b) Contributions made in support of any educational assistance program now or hereafter established under provisions of this section may be deductible for state income tax purposes as now or hereafter provided by law.
Paragraph II. Guaranteed revenue debt. Guaranteed revenue debt may be incurred to provide funds to make loans to students and to parents of students for educational purposes, to purchase loans made to students and to parents of students for educational purposes, or to lend or make deposits of such funds with lenders which shall be secured by loans made to students and to parents of students for educational purposes. Any such debt shall be incurred in accordance with the procedures and requirements of Article VII, Section IV of this Constitution.
Paragraph III. Public authorities. Public authorities or public corporations heretofore or hereafter created for such purposes shall be authorized to administer educational assistance programs and, in connection therewith, may exercise such powers as may now or hereafter be provided by law.
Paragraph IV. Waiver of tuition. The Board of Regents of the University System of Georgia shall be authorized to establish programs allowing attendance at units of the University System of Georgia without payment of tuition or other fees, but the General Assembly may provide by law for the establishment of any such program for the benefit of elderly citizens of the state.
ARTICLE IX.
COUNTIES AND MUNICIPAL CORPORATIONS
SECTION I.
COUNTIES
Paragraph I. Counties a body corporate and politic. Each county shall be a body corporate and politic with such governing authority and with such powers and limitations as are provided in this Constitution and as provided by law. The governing authorities of the several counties shall remain as prescribed by law on June 30, 1983, until otherwise provided by law.
484
JOURNAL OF THE SENATE
Paragraph II. Number of counties limited; county boundaries and county sites; county consolidation, (a) There shall not be more than 159 counties in this state.
jb) The metes and bounds of the several counties and the county sites shall remain as prescribed by law on June 30, 1983, unless changed under the operation of a general law.
(c) The General Assembly may provide by law for the consolidation of two or more counties into one or the division of a county and the merger of portions thereof into other counties under such terms and conditions as it may prescribe; but no such consolidation; division, or merger shall become effective unless approved by a majority of the qualified voters voting thereon in each of the counties proposed to be consolidated, divided, or merged.
Paragraph III. County officers; election; term; compensation, (a) The clerk of the superior court, judge of the probate court, sheriff, tax receiver, tax collector, and tax commissioner, where such office has replaced the tax receiver and tax collector, shall be elected by the qualified voters of their respective counties for terms of four years and shall have such qualifications, powers, and duties as provided by general law.
(b) County officers listed in subparagraph (a) of this Paragraph may be on a fee basis, salary basis, or fee basis supplemented by salary, in such manner as may be directed by law. Minimum compensation for said county officers may be established by the General Assembly by general law. Such minimum compensation may be supplemented by local law or, if such authority is delegated by local law, by action of the county governing authority.
(c) The General Assembly may consolidate the offices of tax receiver and tax collector into the office of tax commissioner.
Paragraph IV. Civil service systems. The General Assembly may by general law authorize the establishment by county governing authorities of civil service systems covering county employees or covering county employees and employees of the elected county officers.
SECTION II.
HOME RULE FOR COUNTIES AND MUNICIPALITIES
Paragraph I. Home rule for counties, (a) The governing authority of each county shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which is not inconsistent with this Constitution or any local law applicable thereto. Any such local law shall remain in force and effect until amended or repealed as provided in subparagraph (b). This, however, shall not restrict the authority of the General Assembly by general law to further define this power or to broaden, limit, or otherwise regulate the exercise thereof. The
FRIDAY, SEPTEMBER 18, 1981
485
General Assembly shall not pass any local law to repeal, modify, or supersede any action taken by a county governing authority under this section except as authorized under subparagraph (c) hereof.
(b) Except as provided in subparagraph (c), a county may, as an incident of its home rule power, amend or repeal the local acts applicable to its governing authority by following either of the procedures hereinafter set forth:
(1] Such local acts may be amended or repealed by a resolution or ordinance duly adopted at two regular consecutive meetings of the county governing authority not less than seven nor more than 60 days apart. A notice containing a synopsis of the proposed amendment or repeal shall be published in the official county organ once a week for three weeks within a period of 60 days immediately preceding its final adoption. Such notice shall state that a copy of the proposed amendment or repeal is on file in the office of the clerk of the superior court of the county for the purpose of examination and inspection by the public. The clerk of the superior court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. No amendment or repeal hereunder shall be valid to change or repeal an amendment adopted pursuant to a referendum as provided in (2) of this subparagraph or to change or repeal a local act of the General Assembly ratified in a referendum by the electors of such county unless at least 12 months have elapsed after such referendum. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.
(2) Amendments to or repeals or such local acts or ordinances, resolutions, or regulations adopted pursuant to subparagraph (a) hereof may be initiated by a petition filed with the judge of the probate court of the county containing, in cases of counties with a population of 5,000 or less, the signatures of at least 25 percent of the electors registered to vote in the last general election; in cases of counties with a population of more than 5,000 but not more than 50,000, at least 20 percent of the electors registered to vote in the last general election; and, in cases of a county with a population of more than 50,000, at least 10 percent of the electors registered to vote in the last general election, which petition shall specifically set forth the exact language of the proposed amendment or repeal. The judge of the probate court shall determine the validity of such petition within 60 days of its being filed with the judge of the probate court. In the event the judge of the probate court determines that such petition is valid, it shall be his duty to issue the call for an election for the purpose of submitting such amendment or repeal to the registered electors of the county for their approval or rejection. Such call shall be issued not less than ten nor more than 60 days after the date of the filing of the petition. He shall set the date of such election for a day not less than 60 nor more than 90 days after the date of such filing. The judge of the probate court shall cause a notice of the date of said election to be published in the official organ of the county once a week for three weeks immediately preceding such date. Said notice shall also contain a synopsis of the proposed amendment or repeal and shall state that a copy thereof is on file in the office of the judge of the probate court of
486
JOURNAL OF THE SENATE
the county for the purpose of examination and inspection by the public. The judge of the probate court shall furnish anyone, upon written request, a copy of the proposed amendment or repeal. If more than one-half of the votes cast on such question are for approval of the amendment or repeal, it shall become of full force and effect; otherwise, it shall be void and of no force and effect. The expense of such election shall be borne by the county, and it shall be the duty of the judge of the probate court to hold and conduct such election. Such election shall be held under the same laws and rules and regulations as govern special elections, except as otherwise provided herein. It shall be the duty of the judge of the probate court to canvass the returns and declare and certify the result of the election. It shall be his further duty to certify the result thereof to the Secretary of State in accordance with the provisions of subparagraph (g) of this Paragraph. A referendum on any such amendment or repeal shall not be held more often than once each year. No amendment hereunder shall be valid if inconsistent with any provision of this Constitution or if provision has been made therefor by general law.
In the event that the judge of the probate court determines that such petition was not valid, he shall cause to be published in explicit detail the reasons why such petition is not valid; provided, however, that, in any proceeding in which the validity of the petition is at issue, the tribunal considering such issue shall not be limited by the reasons assigned. Such publication shall be in the official organ of the county in the week immediately following the date on which such petition is declared to be not valid.
(c) The power granted to counties in subparagraphs (a) and (b) above shall not be construed to extend to the following matters or any other matters which the General Assembly by general law has preempted or may hereafter preempt, but such matters shall be the subject of general law or the subject of local acts of the General Assembly to the extent that the enactment of such local acts is otherwise permitted under this Constitution:
(1) Action affecting any elective county office, the salaries thereof, or the personnel thereof, except the personnel subject to the jurisdiction of the county governing authority.
(2) Action affecting the composition, form, procedure for election or appointment, compensation, and expenses and allowances in the nature of compensation of the county governing authority.
(3) Action defining any criminal offense or providing for criminal punishment.
(4) Action adopting any form of taxation beyond that authorized by law or by this Constitution.
(5) Action extending the power of regulation over any business activity regulated by the Georgia Public Service Commission beyond that authorized by local or general law or by this Constitution.
(6) Action affecting the exercise of the power of eminent domain.
FRIDAY, SEPTEMBER 18, 1981
487
(7) Action affecting any court or the personnel thereof.
(8) Action affecting any public school system.
(d) The power granted in subparagraphs (a) and (b) of this Paragraph shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power.
(e) Nothing in subparagraphs (a), (b), (c), or (d) shall affect the provisions of subparagraphs (f) of this Paragraph.
(f) The governing authority of each county is authorized to fix the salary, compensation, and expenses of those employed by such governing authority and to establish and maintain retirement or pension systems, insurance, workers' compensation, and hospitalization benefits for said employees.
(g) No amendment or revision of any local act made pursuant to subparagraph (b) of this section shall become effective until a copy of such amendment or revision, a copy of the required notice of publication, and an affidavit of a duly authorized representative of the newspaper in which such notice was published to the effect that said notice has been published as provided in said subparagraph has been filed with the Secretary of State. The Secretary of State shall provide for the publication and distribution of all such amendments and revisions at least annually.
Paragraph II. Home rule for municipalities. The General Assembly may provide by law for the self-government of municipalities and to that end is expressly given the authority to delegate its power so that matters pertaining to municipalities may be dealt with without the necessity of action by the General Assembly
Paragraph III. Supplementary powers, (a) In addition to and supplementary of all powers possessed by or conferred upon any county, municipality, or any combination thereof, any county, municipality, or any combination thereof may exercise the following powers and provide the following services:
(1) Police and fire protection.
(2) Garbage and solid waste collection and disposal.
(3) Public health facilities and services, including hospitals, ambulance and emergency rescue services, and animal control.
(4) Street and road construction and maintenance, including curbs, sidewalks, street lights, and devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof.
(5) Parks, recreational areas, programs, and facilities.
(6) Storm water and sewage collection and disposal systems.
488
JOURNAL OF THE SENATE
(7) Development, storage, treatment, purification, and distribution of water.
(8) Public housing.
(9) Public transportation.
(10) Libraries, archives, and arts and sciences programs and facilities.
(11) Terminal and dock facilities and parking facilities.
(12) Codes, including building, housing, plumbing, and electrical codes.
(13) Air quality control.
(14) The power to maintain and modify heretofore existing retirement or pension systems, including such systems heretofore created by general laws of local application by population classification, and to continue in effect or modify other benefits heretofore provided as a part of or in addition to such retirement or pension systems and the power to create and maintain retirement or pension systems for any elected or appointed officers and employees whose compensation is paid in whole or in part from county or municipal funds and the beneficiaries or such officers and employees.
(b) Unless otherwise provided by law.
(1) No county may exercise any of the powers listed in subparagraph (a) of this Paragraph or provide any service listed therein inside the boundaries of any municipality or any other county except by contract with the municipality or county affected; and
(2) No municipality may exercise any of the powers listed in subparagraph (a) of this Paragraph or provide any service listed therein outside its own boundaries except by contract with the county or municipality affected.
(c) Nothing contained within this Paragraph shall operate to prohibit the General Assembly from enacting general laws relative to the subject matters listed in subparagraph (a) of this Paragraph or to prohibit the General Assembly by general law from regulating, restricting, or limiting the exercise of the powers listed therein; but it may not withdraw any such powers.
(d) Except as otherwise provided in subparagraph (b) of this Paragraph, the General Assembly shall act upon the subject matters listed in subparagraph (a) of this Paragraph only by general law.
Paragraph IV. Planning and zoning. The governing authority of each county and of each municipality may adopt plans and may exercise the power of zoning. This authorization shall not prohibit the General Assembly from enacting general laws establishing procedures for the exercise of such power.
FRIDAY, SEPTEMBER 18, 1981
489
Paragraph V. Eminent domain. The governing authority of each county and of each municipality may exercise the power of eminent domain for any public purpose.
Paragraph VI. Special districts. As hereinafter provided in this Paragraph, special districts may be created for the provision of local government services within such districts; and fees, assessments, and taxes may be levied and collected within such districts to pay, wholly or partially, the cost of providing such services therein and to construct and maintain facilities therefor. Such special districts may be created and fees, assessments, or taxes may be levied and collected therein by any one or more of the following methods:
(a) By general law which directly creates the districts.
(b) By general law which requires the creation of districts under conditions specified by such general law.
(c) By municipal or county ordinance or resolution, except that no such ordinance or resolution may supersede a law enacted by the General Assembly pursuant to subparagraphs (a) or jb) of this Paragraph.
Paragraph VII. Community redevelopment, (a) The General Assembly may authorize any county, municipality, or housing authority to undertake and carry out community redevelopment, which may include the sale or other disposition of property acquired by eminent domain to private enterprises for private uses.
(b) In addition to the authority granted by subparagraph (a) of this Paragraph, the General Assembly is authorized to grant to counties or municipalities for redevelopment purposes and in connection with redevelopment programs, as such purposes and programs are defined by general law, the power to issue tax allocation bonds, as defined by such law, and the power to incur other obligations, without either such bonds or obligations constituting debt within the meaning of Section V of this article, and the power to enter into contracts for any period not exceeding 30 years with private persons, firms, corporations, and business entities. Notwithstanding the grant of these powers pursuant to general law, no county or municipality may exercise these powers unless so authorized by local law and unless such powers are exercised in conformity with those terms and conditions for such exercise as established by that local law. The provisions of any such local law shall conform to those requirements established by general law regarding such powers. No such local law, or any amendment thereto, shall become effective unless approved in a referendum by a majority of the qualified voters of the county or municipality directly affected by that local law.
Paragraph VIII. Limitation on the taxing power and contributions of counties, municipalities, and political subdivisions. The General Assembly shall not authorize any county, municipality, or other political subdivision of this state, through taxation, contribution, or otherwise, to appropriate money for or to lend its credit to any person or to any nonpublic corporation or association except for purely charitable purposes.
490
JOURNAL OF THE SENATE
Paragraph IX. Immunity of counties, municipalities, and school districts. The General Assembly may waive the immunity of counties, municipalities and school districts by law.
SECTION III.
INTERGOVERNMENTAL RELATIONS
Paragraph I. Intergovernmental contracts, (a) The state, or any institution, department, or other agency thereof, and any county, municipality, school district, or other political subdivision of the state may contract for any period not exceeding 50 years with each other or with any other public agency, public contractor, or public authority for joint services, for the provision of services, or for the joint or separate use of facilities or equipment; but such contracts must deal with activities, services, or facilities which the contracting parties are authorized by law to undertake or provide.
(b) Subject to such limitations as may be provided by general law, any county, municipality, or political subdivision thereof may, in connection with any contracts authorized in this Paragraph, convey any existing facilities or equipment to the state or to any public agency, public corporation, or public authority.
(c) Any county, municipality, or any combination thereof, may contract with any public agency, public corporation, or public authority for the care, maintenance, and hospitalization of its indigent sick and may as a part of such contract agree to pay for the cost of acquisition, construction, modernization, or repairs of necessary land, buildings, and facilities by such public agency, public corporation, or public authority and provide for the payment of such services and the cost to such public agency, public corporation, or public authority of acquisition, construction, modernization, or repair of land, buildings, and facilities from revenues realized by such county, municipality, or any combination thereof from any taxes authorized by this Constitution or revenues derived from any other source.
Paragraph II. Local government reorganization, (a) The General Assembly may provide by law for any matters necessary or convenient to authorize the consolidation of the governmental and corporate powers and functions vested in municipalities with the governmental and corporate powers and functions vested in a county or counties inwhich such municipalities are located; provided, however, that no such consolidation shall become effective unless separately approved by a majority of the qualified voters of the county or each of the counties and of the municipality or each of the municipalities located within such county or counties containing at least 10 percent of the population of the county in which located voting thereon in such manner as may be prescribed in such law. Such law may provide procedures and requirements for the establishment of charter commissions to draft proposed charters for the consolidated government, and the General Assembly is expressly authorized to delegate its powers to such charter commissions for such purposes so that the governmental consolidation proposed by a charter commission may become effective without the necessity of further action by the
FRIDAY, SEPTEMBER 18, 1981
491
General Assembly; or such law may require that the recommendation of any such charter commission be implemented by a subsequent local law.
(b) The General Assembly may provide by general law for alternatives other than governmental consolidation as authorized in subparagraph (a| above for the reorganization of county and municipal governments, including, but not limited to, procedures to establish a single governing body as the governing authority of a county and a municipality or municipalities located within such county or for the redistribution of powers between a county and a municipality or municipalities located within the county. Such law may require the form of governmental reorganization authorized by such law to be approved by the qualified voters directly affected thereby voting in such manner may be required in such law.
(c) Nothing in this Paragraph shall be construed to limit the authority of the General Assembly to repeal municipal charters without a referendum.
SECTION IV.
TAXATION POWER OF COUNTY AND MUNICIPAL GOVERNMENTS
Paragraph I. Power of taxation, (a) Except as otherwise provided in this Paragraph, the governing authority of any county, municipality, or combination thereof may exercise the power of taxation as authorized by this Constitution or by general law.
(b) In the absence of a general law:
(1| County governing authorities may be authorized by local law to levy and collect business and occupational license taxes and license fees only in the unincorporated areas of the counties. The General Assembly may provide that the revenues raised by such tax or fee be spent for the provision of services only in the unincorporated areas of the county.
(2) Municipal governing authorities may be authorized by local law to levy and collect taxes and fees in the corporate limits of the municipalities.
(c) The General Assembly may provide by law for the taxation of insurance companies on the basis of gross direct premiums received from insurance policies within the unincorporated areas of counties. The tax authorized herein may be imposed by the state or by counties or by the state for county purposes as may be provided by law. The General Assembly may further provide by law for the reduction, only upon taxable property within the unincorporated areas of counties, of the ad valorem tax millage rate for county or county school district purposes or for the reduction of such ad valorem tax millage rate for both such purposes in connection with imposing or authorizing the
492
JOURNAL OF THE SENATE
imposition of the tax authorized herein or in connection with providing for the distribution of the proceeds derived from the tax authorized herein.
Paragraph II. Power of expenditure. The governing authority of any county, municipality, or combination thereof may expend public funds to perform any public service or public function as authorized by this Constitution or by law or to perform any other service or function as authorized by this Constitution or by general law.
Paragraph III. Purposes of taxation; allocation of taxes. No levy need state the particular purposes for which the same was made nor shall any taxes collected be allocated for any particular purpose, unless otherwise provided by this Constitution or by law.
SECTION V.
LIMITATION ON LOCAL DEBT
Paragraph I. Debt limitations of counties, municipalities, and other political subdivisions, (a) The debt incurred by any county, municipality, or other political subdivision of this state, including debt incurred on behalf of any special district, shall never exceed 10 percent of the assessed value of all taxable property within such county, municipality, or political subdivision; and no such county, municipality, or other political subdivision shall incur any new debt without the assent of a majority of the qualified voters of such county, municipality, or political subdivision voting in an election held for that purpose as provided by law.
(b) Notwithstanding subparagraph (a) of this Paragraph, all local school systems which are authorized by law on June 30, 1983, to incur debt in excess of 10 percent of the assessed value of all taxable property therein shall continue to be authorized to incur such debt.
Paragraph II. Special district debt. Any county, municipality, or political subdivision of this state may incur debt on behalf of any special district created pursuant to Paragraph V of Section II of this article. Such debt may be incurred on behalf of such special district where the county, municipality, or other political subdivision shall have, at or before the time of incurring such debt, provided for the assessment and collection of an annual tax within the special district sufficient in amount to pay the principal of and interest on such debt within 30 years from the incurrence thereof; and no such county, municipality, or other political subdivision shall incur any debt on behalf of such special district without the assent of a majority of the qualified voters of such special district voting in an election held for that purpose as provided by law. No such county, municipality, or other political subdivision shall incur any debt on behalf of such special district in an amount which, when taken together with all other debt outstanding incurred by such county, municipality, or political subdivision and on behalf of any such special district, exceeds 10 percent of the assessed value of all taxable property within such county, municipality, or political subdivision. The proceeds of the tax collected as provided herein shall be placed in a sinking fund
FRIDAY, SEPTEMBER 18, 1981
493
to be held on behalf of such special district and used exclusively to pay off the principal of and interest on such debt thereafter maturing. Such moneys shall be held and kept separate and apart from all other revenues collected and may be invested and reinvested as provided by law.
Paragraph III. Refunding of outstanding indebtedness. The governing authority of any county, municipality, or other political subdivision of this state may provide for the refunding of outstanding bonded indebtedness without the necessity of a referendum being held therefor, provided that neither the term of the original debt is extended nor the interest rate of the original debt is increased. The principal amount of any debt issued in connection with such refunding may exceed the principal amount being refunded in order to reduce the total principal and interest payment requirements over the remaining term of the original issue. The proceeds of the refunding issue shall be used solely to retire the original debt. The original debt refunded shall not constitute debt within the meaning of Paragraph I of this section; but the refunding issue shall constitute a debt such as will count against the limitation on debt measured by 10 percent of assessed value of taxable property as expressed in Paragraph I of this section.
Paragraph IV. Exceptions to debt limitations. Notwithstanding the debt limitations provided in Paragraph I of this section and without the necessity for a referendum being held therefor, the governing authority of any county, municipality, or other political subdivision of this state may, subject to the conditions and limitations as may be provided by general law:
(1) Accept and use funds granted by and obtain loans from the federal government or any agency thereof pursuant to conditions imposed by federal law.
(2) Incur debt, by way of borrowing from any person, corporation, or association as well as from the state, to pay in whole or in part the cost of property valuation and equalization programs for ad valorem tax purposes.
Paragraph V. Temporary loans authorized. The governing authority of any county, municipality, or other political subdivision of this state may incur debt by obtaining temporary loans in each year to pay expenses. The aggregate amount of all such loans shall not exceed 75 percent of the total gross income from taxes collected in the last preceding year. Such loans shall be payable on or before December 31 of the calendar year in which such loan is made. No such loan may be obtained when there is a loan then unpaid obtained in any prior year. No such county, municipality, or other political subdivision of this state shall incur in any one calendar year an aggregate of such temporary loans or other contracts, notes, warrants, or obligations for current expenses in excess of the total anticipated revenue for such calendar year.
Paragraph VI. Levy of taxes to pay bonds; sinking fund required. Any county, municipality, or other political subdivision of this state shall at or before the time of incurring bonded indebtedness provide
494
JOURNAL OF THE SENATE
for the assessment and collection of an annual tax sufficient in amount to pay the principal and interest of said debt within 30 years from the incurring of such bonded indebtedness. The proceeds of this tax, together with any other moneys collected for this purpose, shall be placed in a sinking fund to be used exclusively for paying the principal of and interest on such bonded debt. Such moneys shall be held and kept separate and apart from all other revenues collected and may be invested and reinvested as provided by law.
Paragraph VII. Validity of prior bond issues. Any and all bond issues validated and issued prior to June 30, 1983, shall continue to be valid.
SECTION VI.
REVENUE BONDS
Paragraph I. Revenue bonds; general limitations. Any county, municipality, or other political subdivision of this state may issue revenue bonds as provided by general law. The obligation represented by revenue bonds shall be repayable only out of the revenue derived from the project and shall not be deemed to be a debt of the issuing political subdivision. No such issuing political subdivision shall exercise the power of taxation for the purpose of paying any part of the principal or interest of any such revenue bonds.
Paragraph II. Revenue bonds; special limitations. Where revenue bonds are issued by any county, municipality, or other political subdivision of this state in order to buy, construct, extend, operate, or maintain gas or electric generating or distribution systems and necessary appurtenances thereof and the gas or electric generating or distribution system extends beyond the limits of the county in which the municipality or other political subdivision is located, then its services rendered and property located outside said county shall be subject to taxation and regulation in the same manner as are privately owned and operated utilities.
Paragraph III. Development authorities. The development of trade, commerce, industry, and employment opportunities being a public purpose vital to the welfare of the people of this state, the General Assembly may create development authorities to promote and further such purposes or may authorize the creation of such an authority by any county or municipality or combination thereof under such uniform terms and conditions as it may deem necessary. The General Assembly may exempt from taxation development authority obligations, properties, activities, or income and may authorize the issuance of revenue bonds by such authorities which shall not constitute an indebtedness of the state within the meaning of Section V of this article.
Paragraph IV. Validation. The General Assembly shall provide for the validation of any revenue bonds authorized and shall provide that such validation shall thereafter be incontestable and conclusive.
FRIDAY, SEPTEMBER 18, 1981
495
Paragraph V. Validity of prior revenue bond issues. All revenue bonds issued and validated prior to June 30, 1983, shall continue to be valid.
ARTICLE X.
AMENDMENTS TO THE CONSTITUTION
SECTION I.
CONSTITUTION, HOW AMENDED
Paragraph I. Proposals to amend the Constitution; new Constitution. Amendments to this Constitution or a new Constitution may be proposed by the General Assembly or by a constitutional convention, as provided in this article. Only amendments which are of general and uniform applicability throughout the state shall be proposed, passed, or submitted to the people.
Paragraph II. Proposals by the General Assembly; submission to the people. A proposal by the General Assembly to amend this Constitution or to provide for a new Constitution shall originate as a resolution in either the Senate or the House of Representatives and, if approved by two-thirds of the members to which each house is entitled in a roll-call vote entered on their respective journals, shall be submitted to the electors of the entire state at the next general election which is held in the even-numbered years. A summary of such proposal shall be prepared by the Attorney General, the Legislative Counsel, and the Secretary of State and shall be published in the official organ of each county and, if deemed advisable by the ' 'Constitutional Amendments Publication Board," in not more than 20 other newspapers in the state designated by such board which meet the qualifications for being selected as the official organ of a county . Said board shall be composed of the Governor, the Lieutenant Governor, and the Speaker of the House of Representatives. Such summary shall be published once each week for three consecutive weeks immediately preceding the day of the general election at which such proposal is to be submitted. The language to be used in submitting a proposed amendment or a new Constitution shall be in such words as the General Assembly may provide in the resolution or, in the absence thereof, in such language as the Governor may prescribe, A copy of the entire proposed amendment or of a new Constitution shall be filed in the office of the judge of the probate court of each county and shall be available for public inspection; and the summary of the proposal shall so indicate. The General Assembly is hereby authorized to provide by law for additional matters relative to the publication and distribution of proposed amendments and summaries not in conflict with the provisions of this Paragraph.
If such proposal is ratified by a majority of the electors qualified to vote for members of the General Assembly voting thereon in such general election, such proposal shall become a part of this Constitution or shall become a new Constitution, as the case may be. Any proposal so approved shall take effect as provided in Paragraph VI of this article. When more than one amendment is submitted at the same
496
JOURNAL OF THE SENATE
time, they shall be so submitted as to enable the electors to vote on each amendment separately, provided that one or more new articles or related changes in one or more articles may be submitted as a single amendment.
Paragraph III. Repeal or amendment of proposal. Any proposal by the General Assembly to amend this Constitution or for a new Constitution may be amended or repealed by the same General Assembly which adopted such proposal by the affirmative vote of two-thirds of the members to which each house is entitled in a roll-call vote entered on their respective journals, if such action is taken at least two months prior to the date of the election at which such proposal is to be submitted to the people.
Paragraph IV. Constitutional convention; how called. No convention of the people shall be called by the General Assembly to amend this Constitution or to propose a new Constitution, unless by the concurrence of two-thirds of the members to which each house of the General Assembly is entitled. The representation in said convention shall be based on population as near as practicable. A proposal by the convention to amend this Constitution or for a new Constitution shall be advertised, submitted to, and ratified by the people in the same manner provided for advertisement, submission, and ratification of proposals to amend the Constitution by the General Assembly. The General Assembly is hereby authorized to provide the procedure by which a convention is to be called and under which such convention shall operate and for other matters relative to such constitutional convention.
Paragraph V. Veto not permitted. The Governor shall not have the right to veto any proposal by the General Assembly or by a convention to amend this Constitution or to provide a new Constitution.
Paragraph VI. Effective date of amendments or of a new Constitution. Unless the amendment or the new Constitution itself or the resolution proposing the amendment or the new Constitution shall provide otherwise, an amendment to this Constitution or a new Constitution shall become effective on the first day of January following its ratification.
ARTICLE XI.
MISCELLANEOUS PROVISIONS
SECTION I.
MISCELLANEOUS PROVISIONS
Paragraph I. Continuation of officers, boards, commissions, and authorities, (a) Except as otherwise provided in this Constitution, the officers of the state and all political subdivisions thereof in office on June 30, 1983, shall continue in the exercise of their functions and duties, subject to the provisions of laws applicable thereto and subject to the provisions of this Constitution.
FRIDAY, SEPTEMBER 18, 1981
497
jb) All boards, commissions, and authorities specifically named in the Constitution of 1976 which are not specifically named in this Constitution shall remain as statutory boards, commissions, and authorities; and all constitutional and statutory provisions relating thereto in force and effect on June 30, 1983, shall remain in force and effect as statutory law unless and until changed by the General Assembly.
Paragraph II. Preservation of existing laws; judicial review. All laws in force and effect on June 30, 1983, not inconsistent with this Constitution shall remain in force and effect; but such laws may be amended or repealed and shall be subject to judicial decision as to their validity when passed and to any limitations imposed by their own terms.
Paragraph III. Proceedings of courts and administrative tribunals confirmed. All judgments, decrees, orders, and other proceedings of the several courts and administrative tribunals of this state, heretofore made within the limits of their several jurisdictions, are hereby ratified and affirmed, subject only to reversal or modification in the manner provided by law.
Paragraph IV. Continuation of certain constitutional amendments for a period of four years, (a) The following amendments to the Constitution of 1877, 1945, and 1976 shall continue in force and effect as part of this Constitution until July 1, 1987, at which time said amendments shall be repealed and shall be deleted as a part of this Constitution unless any such amendment shall be specifically continued in force and effect without amendment either by a local law enacted prior to July 1, 1987, with or without a referendum as provided by law, or by an ordinance or resolution duly adopted prior to July 1, 1987, by the local governing authority in the manner provided for the adoption of home rule amendments to its charter or local act: (1) amendments to the Constitution of 1877 and the Constitution of 1945 which were continued in force and effect as a part of the Constitution of 1976 pursuant to the provisions of Article XIII, Section I, Paragraph II of the Constitution of 1976 which are in force and effect on the effective date of this Constitution; (2) amendments to the Constitution of 1976 which were ratified as general amendments but which by their terms applied principally to a particular political subdivision or subdivisions which are in force and effect on the effective date of this Constitution; (3) amendments to the Constitution of 1976 which were ratified not as general amendments which are in force and effect on the effective date of this Constitution; and (4) amendments to the Constitution of 1976 of the type provided for in the immediately preceding two subparagraphs (2| and (3) of this Paragraph which were ratified at the same time this Constitution was ratified.
(b) Any amendment which is continued in force and effect after July 1, 1987, pursuant to the provisions of subparagraph (a] of this Paragraph shall be continued in force and effect as a part of this Constitution, except that such amendment may thereafter be repealed but may not be amended.
498
JOURNAL OF THE SENATE
(c) All laws enacted pursuant to those amendments to the Constitution which are not continued in force and effect pursuant to subparagraph (a) of this Paragraph shall be repealed on July 1, 1987. All laws validly enacted on, before, or after July 1, 1987, and pursuant to the specific authorization of an amendment continued in force and effect pursuant to the provisions of subparagraph (a) of this Paragraph shall be legal, valid, and constitutional under this Constitution. Nothing in this subparagraph jc) shall be construed to revive any law not in force and effect on June 30, 1987.
(d) Notwithstanding the provisions of subparagraphs (a) and (b), the following amendments to the Constitutions of 1877 and 1945 shall be continued in force as a part of this Constitution: amendments to the Constitution of 1877 and the Constitution of 1945 which created metropolitan rapid transit authorities, port authorities and industrial areas and which were continued in force as a part of the Constitution of 1976 pursuant to the provisions of Article XIII, Section I, Paragraph II of the Constitution of 1976 and which are in force on the effective date of this Constitution.
Paragraph V. Special commission created. Amendments to the Constitution of 1976 which were determined to be general and which were submitted to and ratified by the people of the entire state at the same time this Constitution was ratified shall be incorporated and made a part of this Constitution as provided in this Paragraph. There is hereby created a commission to be composed of the Governor, the President of the Senate, the Speaker of the House of Representatives, the Attorney General, and the Legislative Counsel, which is hereby authorized and directed to incorporate such amendments into this Constitution at the places deemed most appropriate to the commission. The commission shall make only such changes in the language of this Constitution and of such amendments as are necessary to incorporate properly such amendments into this Constitution and shall complete its duties prior to July 1, 1983. The commission shall deliver to the Secretary of State this Constitution with those amendments incorporated therein, and such document shall be the Constitution of the State of Georgia. In order that the commission may perform its duties, this Paragraph shall become effective as soon as it has been officially determined that this Constitution has been ratified. The commission shall stand abolished upon the completion of its duties.
Paragraph VI. Effective date. Except as provided in Paragraph V of this section, this Constitution shall become effective on July 1, 1983; and, except as otherwise provided in this Constitution, all previous Constitutions and all amendments thereto shall thereupon stand repealed.
Section 2. The above proposed new Constitution of Georgia shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"[ ] YES Shall the proposed new Constitution be ratified as the [ ] NO Constitution of the State of Georgia?''
FRIDAY, SEPTEMBER 18, 1981
499
All persons desiring to vote in favor of ratifying the new Constitution shall vote "Yes." All persons desiring to vote against ratifying the new Constitution shall vote "No."
If such proposed new Constitution shall be ratified as provided in said Paragraph of the Constitution, it shall become the Constitution of the State of Georgia.
Senator Barnes of the 33rd moved that the Senate adopt the Conference Committee Report on HR 4 EX.
On the motion, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Barker Barnes Bowen Broun of 46th Brown of 47th Bryant Cobb Coleman Deal Dean Eldridge Engram
Evans Fincher of 52nd Fincher of 54th Foster Garner Gillis Hill Holloway Horton Howard Hudson Kennedy Lester
Those voting in the negative were Senators:
Ballard
Bell Bond Brannon Brantley Coverdell
English
Greene Hudgins Kidd Land Littlefield
McGill McKenzie Reynolds Scott Starr Summers Sutton Tate Thompson Timmons Trulock Turner Wessels
Robinson Stephens Stumbaugh Tysinger Walker
On the motion, the yeas were 39, nays 17; the motion prevailed, and the Senate adopted the Conference Committee Report on HR 4 EX.
The President announced that the Senate would stand in recess from 12:05 o'clock P.M. until 1:30 o'clock P.M.
At 1:30 o'clock P.M., the President called the Senate to order.
500
JOURNAL OF THE SENATE
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted the report of the Committee of Conference on the following resolution of the House:
HR 4 EX. By Representatives Murphy of the 18th, Connell of the 87th, Lee of the 72nd, and others:
A resolution proposing a new Constitution for the State of Georgia to be presented to the people for ratification or rejection at the general election in 1982; to provide an effective date.
The following resolution of the House, favorably reported by the committee, was read the third time and put upon its adoption:
HR 6 EX. By Representatives Murphy of the 18th, Connell of the 87th, Vaughn of the 57th and others:
Senate Sponsor: Senator Barnes of the 33rd.
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that persons holding the office of Governor may not succeed themselves; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article V, Section I, Paragraph I of the Constitution is hereby amended by striking said Paragraph in its entirety and inserting in lieu thereof a new Paragraph I to read as follows:
"Paragraph I. Governor; Term of office; Compensation and Allowances. There shall be a Governor who shall hold office for a term of four years and until a successor shall be elected and qualified. Persons holding the office of Governor shall not be eligible to succeed themselves and shall not be eligible to hold the office until after the expiration of four years from the conclusion of the term. The compensation and allowances of the Governor shall be as provided by law."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XII, Section I, Paragraph I of the Constitution.
FRIDAY, SEPTEMBER 18, 1981
501
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ] YES Shall the Constitution be amended so as to provide that [ j NO persons holding the office of Governor may not succeed themselves?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this state.
Senator Holloway of the 12th offered the following amendment:
Amend HR 6 EX by striking on Page 1, line 15 in its entirety which reads as follows:
"holding the office of Governor shall not be eligible to''
and inserting in lieu thereof the following:
"elected to the office of Governor for a full four-year term shall not be eligible to".
On the adoption of the amendment, the yeas were 43, nays 0, and the amendment was adopted.
The report of the committee, which was favorable to the adoption of the resolution, was agreed to as amended.
On the resolution proposing an amendment to the Constitution, a roll call was taken, and the vote was as follows:
Those voting in the affirmative were Senators:
Allgood Ballard Barker Barnes Bond Bowen Brannon Broun of 46th Brown of 47th Bryant Cobb
Coleman Deal Dean Eldridge English Engram Fincher of 52nd Fincherof 54th Gillis Greene Hill
Holloway Horton Hudson Kennedy Kidd Land McGill McKenzie Reynolds Scott Starr
502
JOURNAL OF THE SENATE
Stephens Stumbaugh Summers Sutton
Tate Thompson Timmons Turner
Tysinger Walker Wessels
Voting in the negative was Senator Lester.
Those not voting were Senators:
Bell Brantley Coverdell Evans
Foster Garner Howard Hudgins
Littlefield Robinson Trulock
On the adoption of the resolution, the yeas were 44, nays 1.
The resolution, having received the requisite two-thirds constitutional majority, was adopted as amended.
The following resolutions of the Senate were read and adopted:
SR 27 EX. By Senators Walker of the 19th, Gillis of the 20th and Kennedy of the 4th:
A resolution expressing sympathy at the passing of Mr. Robert Lamar English.
SR 28 EX. By Senators Starr of the 44th and Deal of the 49th: A resolution commending Mr. S. Rayburn Watkins.
SR 29 EX. By Senators Allgood of the 22nd, Holloway of the 12th and Eldridge of the 7th:
A resolution relative to adjournment by the General Assembly of Georgia sine die at 2:30 o'clock P.M. on September 18, 1981.
The following message was received from the House through Mr. Ellard, the Clerk thereof:
Mr. President:
The House has adopted by the requisite constitutional majority the following resolution of the Senate:
FRIDAY, SEPTEMBER 18, 1981
503
SR 29 EX. By Senators Allgood of the 22nd, Holloway of the 12th and Eldridge of the 7th:
A resolution relative to adjournment.
The House has agreed to the Senate amendment to the following resolution of the House:
HR 6 EX. By Representatives Pinkston of the 100th, Lee of the 72nd, Connell of the 87th, and others:
A resolution proposing an amendment to the Constitution so as to provide that persons holding the office of Governor may succeed themselves for one four-year term of office.
The following communication from Honorable David P. Poythress, Secretary of State, representing a final cumulative summary of the two (2) communications received during the 1981 Extraordinary Session listing all of the persons who had registered as lobbyists for the 1981 Extraordinary Session, was read by the Secretary:
SECRETARY OF STATE 214 State Capitol Atlanta 30334
September 18, 1981
Honorable Hamilton McWhorter, Jr. Secretary of the Senate State Capitol Atlanta, Georgia 30334
Dear Mr. McWhorter:
I am transmitting to you herewith a certified copy of those persons who registered in the Docket of Legislative Appearance for the 1981 Special Session. The list is numbered 1 through 58.
With best wishes, I am
Very truly yours,
Is/ David B. Poythress Secretary of State
504
JOURNAL OF THE SENATE
STATE OF GEORGIA
I, David B. Poythress, Secretary of State of the State of Georgia, do hereby certify that the attached list contains the names and addresses of those persons, numbered 1 through 58, who registered in the Docket of Legislative Appearance for the 1981 Special Session of the General Assembly, in accordance with Georgia Laws 1970, pp. 695, 698, as the same appears of file and record in this office.
IN TESTIMONY WHEREOF, I have hereunto set my and and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 18th day of September, in the year of our Lord One Thousand Nine Hundred and Eigthy One and of the Independence of the United States of America the Two Hundred and Fifth.
Is/ David B. Poythress Secretary of State
PERSONS REGISTERED IN THE DOCKET OF LEGISLATIVE APPEARANCE - SPECIAL SESSION 1981
1. Donna J. Coles League of Women Voters 2450 Kirk Lane Kennesaw, Georgia 30144
2. BertFridlin National Federation of Independent Business 44 Broad Street, Suite 201 Atlanta, Georgia 30303
3. Frank L. Carter Georgia Textile Manufacturers Association, Inc. 2640 NBG Building Atlanta, Georgia 30303
4. Jim Parkman Georgia Business & Industry Association 181 Washington Street, SW Atlanta, Georgia 30303
5. C. E. Hodges, Jr. Legislative & Governmental Affairs Consultant Office Building 3200 Deans Bridge Road Augusta, Georgia 30906
FRIDAY, SEPTEMBER 18, 1981
505
6. Rita D. Grams League of Women Voters of DeKalb 2696 Cosmos Drive, N.E. Atlanta, Georgia 30345
7. Gene Dyson Georgia Business & Industry Association 181 Washington Street, S.W. Atlanta, Georgia 30303
8. PamGillen Georgia Business & Industry Association 181 Washington Street, SW Atlanta, Georgia 30303
9. James R.Loyd Georgia Tire Dealers & Retreaders Association 300 West Wieuca Road, N.E. Suite 115 Atlanta, Georgia 30342
10. John H.Thomas John H. Thomas & Associates Georgia Baptist Medical Center Tri State Systems, Inc. Public Service Displays, Inc. Suite 208 1795 Peachtree Road, N.E. Atlanta, Georgia 30309
11. Jerry P. Cram Gulf Capital Corporation Post Office Box 1247 Tifton, Georgia 31794
12. Dr. Adele Zieman International Lobbyist Association World-Wide International Lobbying Naturopathic College of Georgia Life Chiropractic College Life Chiropractic University University of Life Post Office Box 724444 Atlanta, Georgia 30339
13. James H. Purcell Independent Insurance Agents of Georgia Post Office Box 48386 Atlanta, Georgia 30362
506
JOURNAL OF THE SENATE
14. HeleneZieman International Lobbyist Association World-Wide International Lobbying Naturopathic College of Georgia Life Chiropractic College Life Chiropractic University University of Life Post Office Box 724444 Atlanta, Georgia 30339
15. Steven William Zieman International Lobbyist Association World-Wide International Lobbying Naturopathic College of Georgia Life Chiropractic College Life Chiropractic Universtiy University of Life Post Office Box 724444 Atlanta, Georgia 30339
16. Peter L. Banks Miller Brewing Company Mortgage Bankers Association of Georgia 3300 First National Bank Tower Atlanta, Georgia 30303
17. Jim Warren Georgia Association of Daycare and Learning Centers Georgia Association of Notaries 1203 Greenway Drive Dublin, Georgia 31021
18. Jerry Wilson Georgia Legal Services 954 S. Main Street Conyers, Georgia 30207
19. Robert E. Simmons Tift County Chamber of Commerce P.O. Box 165 One Central Avenue Tifton, Georgia 31794
20. Glenn Newsome Georgia Association of Educators 3951 Snapfinger Parkway Decatur, Georgia 30035
21. TomKeating Tom Keating & Associates Atlanta Public Schools 147 Mockingbird Lane Decatur, Georgia 30030
FRIDAY, SEPTEMBER 18, 1981
507
22. Richard B. Cobb Petroleum Council of Georgia 230 Peachtree Street, N.W. Suite 1500 Atlanta, Georgia 30303
23. Jerry Hill Amoco Public & Government Affairs 6 Executive Park Drive, N.E. Atlanta, Georgia 30329
24. Patricia A. Ladish Georgia Legal Services 954 S. Main Street Conyers, Georgia 30207
25. Vita R. Ostrander American Association of Retired Persons National Retired Teachers Association 1839 Mount Royal Drive, N.E. Atlanta, Georgia 30329
26. Cecil Russell Laundry Workers Union 218. Coalition of Black Trade Unions 2396 Young Street, S.E. Atlanta, Georgia 30316
27. Juliette Devine Reid Self 2733 Pasco Lane Atlanta, Georgia 30316
28. R. D. Dorminey SolidTek, Inc. 2291-1 Dunwoody Crossing Atlanta, Georiga 30338
29. James Edward Coleman AFSCME #44 2032 Cogar Drive Decatur, Georgia 30032
30. AlanW.Connell Georgia High School Association P.O. Box 881 Thomaston, Georgia 30286
31. James M. Warren, Jr. Georgia Association of Notaries 111 S. Monroe Street Dublin, Georgia 31021
508
JOURNAL OF THE SENATE
32. DonCargill Georgia Chamber of Commerce 1200 Commerce Building Atlanta, Georgia 30335
33. Robert L. Scott Container Corporation of America Post Office Box 1225 Stone Mountain, Georgia 30086
34. Aubrey T. Villines Georgia Chiropractic Association Consulting Engineers Council of Georgia Independent Bankers Association of Georgia 3596 Sandy Woods Lane Stone Mountain, Georgia 30083
35. W.W.Lewis,Jr. Democratic Party of DeKalb County 112 E. Maple Street Decatur, Georgia 30030
36. Katherine Durant Georgia Abortion Rights Action League 330 Church Street, Suite 231 Decatur, Georgia 30030
37. Laura Joyce Moriarty League of Women Voters 5265 Golf Valley Way Stone Mountain, Georgia 30088
38. Bob Bullington United Transporation Union Post Office Box 80763 Chamblee, Georgia 30366
39. George P. Echols, Jr. Georgia Independent Automobile Dealers Association, Inc. 1012 Bankhead Highway Mableton, Georgia 30059
40. Bryce Holcomb Georgia Soft Drink Association Carroll Avenue Chamblee, Georgia 30341
41. LeeWysong Georgia Stop ERA Committee Eagle Forum 701 Longleaf Drive Atlanta, Georgia 30342
FRIDAY, SEPTEMBER 18, 1981
509
42. Joseph R. Parrott ITT Rayonier Post Office Box 45165 Atlanta, Georgia 30320
43. William]. Shortt Johnson & Johnson 139 Skyland Drive Cornelia, Georgia 30531
44. Lee M. Sessions, Jr. C&S Georgia Corporation 99 Annex Atlanta, Georgia 30399
45. David S. Godfrey Atlanta Gas Light Company 235 Peachtree Street Atlanta, Georgia 30303
46. W. A. Binns Union Camp Corporation Post Office Box 570 Savannah, Georgia 31402
47. Robert Cucchi TRW, Inc. 1507 Harris Tower 233 Peachtree Street, N.E. Atlanta, Georgia 30303
48. Charles R. Grantland Great Southern Paper Post Office Box 44 Cedar Springs, Georgia 31732
49. Herman L. Moore Georgia Pacific Corporation Post Office Box 105313 Atlanta, Georgia 30348
50. Janet T. Paulk ERA Georgia, Inc. 3318-6 Lansbury Village Drive Atlanta, Georgia 30341
51. George I. Winn, Jr. United Transportation Union Post Office Box 69 Manchester, Georgia 31816
52. James R. Buddin Georgia Society of Professional Engineers Two Northside 75 Suite 212 Atlanta, Georgia 30318
510
JOURNAL OF THE SENATE
53. Mary Anne Whatley Apartment Owners & Managers Association, Inc. 5600 Roswell Road, N.E. Suite 360 The Prado North Atlanta, Georgia 30342
54. John W. Cox Georgia Association of Realtors 3200 Presidential Drive Atlanta, Georgia 30341
55. Herman C. Biede Texaco, Inc. Box 4582 Atlanta, Georgia 30302
56. Thomas G. Cook Georgia Health Care Association 3735 Memorial Drive Decatur, Georgia 30032
57. C.D. "Bill" Warren, M.D. Georgia Community Mental Health Center Director's Association 99 Butler Street, N.E. Atlanta, Georgia 30303
58. Robert D.Sumner Georgia Business & Industry Association 181 Washington Street, S.W. Atlanta, Georgia 30303
His Excellency, Governor George Busbee, briefly addressed the Senate thanking them for their cooperation and dedication.
FRIDAY, SEPTEMBER 18, 1981
511
The following report of the Committee on Enrolling and Journals was read by the Secretary:
Mr. President:
Your Committee on Enrolling and Journals has read and examined the following bill of the Senate and has instructed me to report the same back to the Senate as correct and ready for transmission to the Governor:
SB 2 EX.
Respectfully submitted,
1st Ed Barker, Chairman Senator, District 18
Pursuant to the provisions of SR 29 EX, the President announced the Senate adjourned sine die at 2:30 o'clock P.M., September 18, 1981.
Senate Journal
1981
Extraordinary Session Index
514
INDEX
PARTI
SENATE BILLS AND RESOLUTIONS
SB 1 EX--Senate Districts; reapportion .............. 22, 31, 34, 121, 151, 152, 157, 158, 182,214
SB 2 EX--Congressional Districts; reapportion .............. 22, 112, 113, 119, 121, 184, 185, 193, 194, 195, 205, 214, 351, 385, 386, 387, 396, 398, 399, 408, 409, 418, 419, 429, 511
SB 3 EX--Senate Districts; reapportion ............................. 23, 31
SENATE RESOLUTIONS
SR 1 EX--Senate Rules; adopt .................................... 17, 21 SR 2 EX--Notify House of Representatives that Senate has convened . .... 17, 21 SR 3 EX--New State Constitution; propose ............................. 23 SR 4 EX--Al Parker; commend ..................................... 114 SR 5 EX--Honorable Memory King Tucker; commend ................... 155 SR 6 EX--Ad Valorem Tax; classification of agricultural and
homestead property by General Assembly .................... 154 SR 7 EX--Mr. Ben Jones; recognize .................................. 155 SR 8 EX--Johnny "Big Cat" Mize; commend. .......................... 185 SR 9 EX--Mr. John C. Wilson; commend. ............................. 185 SR 10 EX--Honorable Robert Grady Wages, Sr,; regrets at passing .......... 196 SR 11 EX-Roy Wilkins; expressing sorrow at death...................... 204 SR 12 EX-Drew Massee; recognize. .................................. 378 SR 13 EX--Medicaid Program; urge Governor to withhold
reductions. ..................................... 385,431, 432 SR 14 EX--McDonough and Henry County Merchants'
Softball Team; recognize .................................. 399 SR 15 EX--Ms. Janie Clark Fortin; commend ........................... 430 SR 16EX-HonorableJ. Robin Harris; commend. .................... 430,433 SR 17 EX-Melvin B. Hill, Jr.; commend ........................... 430, 433 SR 18 EX--Michael J. Henry; commend. ........................... 430, 433 SR 19 EX--Vickie Greenberg Sachs; commend ...................... 430, 433 SR 20 EX--Agriculture Commodity Commission for Milk;
recognize .............................................. 430 SR 21 EX--Honorable Fred Steeple; commend .......................... 432 SR 22 EX--Code Revision Commission Staff; commend ................... 432 SR 23 EX--Mrs. Joann Tysinger; express regrets at passing ................ 432 SR 24 EX--Mrs. Mattie Lou Richardson Bell; regrets at passing ............. 432 SR 25 EX-Mr. Frederick Wessels, Jr.; sympathy at passing ................ 433 SR 26 EX--Legislative Staff Personnel; recognize and commend ............ 433 SR 27 EX--Mr. Robert Lamar English; sympathy at passing ................ 502 SR 28 EX-Mr. S. Rayburn Watkins; commend. ......................... 502 SR 29 EX--General Assembly; adjournment sine die
September 18, 1981 .................................. 502,503
INDEX
515
PART II
HOUSE BILLS AND RESOLUTIONS
HB 1 EX--Supplemental Appropriation; provide for Administrative Services Department to build GBI building .............. 32, 33, 114
HB 2 EX--Official Code of Georgia; provide ......... 30, 112, 113, 119, 155, 156 HB 3 EX--House of Representatives Districts;
reapportion ............................. Ill, 112, 113, 119, 154
HOUSE RESOLUTIONS
HR 1 EX--Notify Senate that House has convened. ....................... 19 HR 2 EX--Notifying Governor that General Assembly has convened ...... 19, 20 HR 4 EX--New State Constitution;
propose ............. 199, 203, 216, 377, 378, 379, 383, 384, 434, 500 HR 5 EX--Joint Session; address by Governor ........................ 19, 24 HR 6 EX--Governor; may succeed himself for one 4-year
term. ............... 199, 200, 203, 216, 378, 386, 399, 433, 500, 503 HR 12 EX-Honorable J. Robin Harris; commend .................... 202, 204 HR 13 EX--Melvin B. Hill, Jr.; commend ........................... 202, 204 HR 17 EX--Michael J. Henry; commend. ........................... 202, 204 HR 18 EX--Vickie Greenberg Sachs; commend ...................... 202, 204
PART III
ALPHABETHICAL INDEX
Adjournment of General Assembly; sine die September 18, SR 29 EX ..... 502, 503 Agriculture Commodity Commission for Milk; recognize, SR 20 EX .......... 430 Appropriation, Supplemental; provide for Administrative Services
Department to build GBI building, HB 1 EX.................... 32, 33, 114 Bell, Mrs. Mattie Lou Richardson; regrets at passing, SR 24 EX .............. 432 Chaplains of the Day:
Ballard, Rev. Jack H. ............................................ 23 Bradshaw, Rev.Jim ............................................114 Brown, Rev. Steve .............................................215 Bruce, Rev. Albert ............................................. 118 Buice, Rev. Lester. ............................................. 386 Byler, Rev.James ............................................... 34 Frady, Dr. M.J. W.. ............................................. 31 Gannon, Dr. Truitt.............................................. 13 Gardner, Rev. Joe C., Jr.......................................... 430 Glover, Dr. Walter L. ........................................... 183 Holladay, Rev. Carl ............................................ 378 Harp, Rev. Don. ............................................... 432 Johns, Dr. Robert .............................................. 185 Jordan, Rev. Donald ............................................ 204 McCarthy, Dr. John ............................................ 201 Ozment, Dr. Robert V. .......................................... 399 Smith III, Dr. Ches ............................................. 199
516
INDEX
Chaplains of the Day: (Continued)
Wilson, Dr. Charles ............................................ 196 Womble, Rev. John ............................................ 155 Code of Georgia, Official; provide, HB 2 EX .......... 30, 112, 113, 119, 155, 156 Code Revision Commission Staff; commend, SR 22 EX .................... 432 Committee on Constitutional Revision, Senate; appointed. .................. 21 Communications from Governor Busbee ............................. 13, 14 Communications from Secretary of State David Poythress. ................. 503 Congressional Districts; reapportion, SB 2 EX ........ 22, 112, 113, 119, 121, 184,
185, 193, 194, 195, 205, 214, 351, 385, 386, 387, 396, 398, 399, 408, 409, 418, 419, 429, 511
Constitution, New State; propose, SR 3 EX ............................... 23 Constitution, New State; propose, HR 4 EX ............. 199, 203, 216, 377, 378,
379, 383, 384, 434, 500 Constitutional Revision Committee, Senate Standing; appointed. ............. 21 Crowe, Caroline; nurse of the day. ..................................... 13 Doctors of the Day:
Baker, Dr. Larry A.............................................. 155 Hearn, Dr. Rick ............................................... 349 Hutchinson, Dr. Jim ............................................. 13 Jageilla, Dr. Walter. ............................................ 183 Kaufmann, Dr. James............................................ 13 Kumin, Dr. Gerald ............................................. 185 Long, Dr. Eugene .............................................. 387 Wilkerson, Dr. Andy ........................................... 430 Winner, Dr. Jonathan........................................... 204 Zulkey, Dr. Minta. .............................................. 23 English, Mr. Robert Lamar; sympathy at passing, SR 27 EX. ................ 502 Fortin, Ms. Janie Clark; commend, SR 15 EX ............................ 430 General Assembly; adjournment sine die September 18, SR 29 EX ....... 502, 503 General Assembly; classify agricultural and homestead property for ad valorem tax purposes, SR 6 EX. ................................. 154 General Assembly; joint session, address by Governor, HR 5 EX .......... 19, 24 Governor George Busbee; address ................................. 24, 510 Governor George Busbee; communications ........................... 13, 14 Governor; may succeed himself for one 4-year term, HR 6 EX ................... 199, 200, 203, 216, 378, 386, 399, 433, 500, 503 Harris, Honorable J. Robin; commend, SR 16 EX ..................... 430, 433 Harris, Honorable J. Robin; commend, HR 12 EX .................... 202, 204 Henry, Michael J.; commend, SR 18 EX ............................ 430, 433 Henry, Michael J.; commend, HR 17 EX ............................ 202, 204 Hill, Melvin B., Jr.; commend, SR 17 EX ............................ 430, 433 Hill, Melvin B., Jr.; commend, HR 13 EX ........................... 202, 204 House of Representatives Districts; reapportion, HB 3 EX . . Ill, 112, 113, 119, 154 Joint Session; address by Governor, HR 5 EX .......................... 19, 24 Jones, Mr. Ben; recognize, SR 7 EX .................................... 155 Legislative Staff Personnel; recognize and commend, SR 26 EX. ............. 433 Lieutenant Governor Zell Miller; address................................ 18 Lobbyists ........................................................ 503 Massee, Drew; recognize, SR 12 EX ................................... 378 McDonough and Henry County Merchants' Softball Team; recognize,SR 14 EX. ............................................ 399 Medicaid Program; urge Governor to withhold reductions, SR 13 EX . 385, 431, 432 Miller, Lieutenant Governor Zell; address ............................... 18
INDEX
517
Mize, Johnny "Big Cat"; commend, SR 8 EX ............................ 185
Notify House of Representatives the Senate has convened, SR 2 EX ........ 17, 21 Notify Senate that House has convened, HR 1 EX ......................... 19 Notifying Governor that General Assembly has convened, HR 2 EX ........ 19, 20 Nurse of the Day; Caroline Crowe ..................................... 13 Parker, Al; commend, SR 4 EX ....................................... 114 Reapportionment; congressional districts, SB 2 EX ................ 22, 112, 113,
119, 121, 184, 185, 193, 194, 195, 205, 214, 351, 385, 386, 387, 396, 398, 399, 408, 409, 418, 419, 429, 511 Reapportionment; House of Representatives Districts, HB3EX ...................................... Ill, 112, 113, 119, 154 Reapportionment; Senate districts, SB 1 EX .................... 22, 31, 34, 121,
151, 152, 157, 158, 182,214 Reapportionment; Senate districts, SB 3 EX ........................... 23, 31 Rules of the Senate; adopt, SR 1 EX. ................................. 17, 21 Sachs, Vickie Greenberg; commend, SR 19 EX ....................... 430, 433 Sachs, Vickie Greenberg; commend, HR 18 EX ...................... 202, 204 Secretary of State; communications from ............................... 503 Senate Committee on Constitutional Revision; appointed ................... 21 Senate Districts; reapportion, SB 1 EX. . 22, 31, 34, 121,151, 152, 157, 158, 182, 214 Senate Districts; reapportion, SB 3 EX. ............................... 23, 31 Senate Rules; adopt, SR 1 EX. ...................................... 17, 21 Steeple, Honorable Fred; commend, SR 21 EX ........................... 432
Tax, Ad Valorem; classification of agricultural and homestead property by General Assembly, SR 6 EX ............................ 154
Tucker, Honorable Memory King; commend, SR 5 EX. .................... 155 Tysinger, Mrs. Joann; express regrets at passing, SR 23 EX ................. 432 Tysinger, Senator Jim; excused on roll calls, illness and death
of wife ................................................... 185, 198 Wages, Honorable Robert Grady, Sr.; regrets at passing, SR 10 EX ........... 196 Watkins, Mr. S. Rayburn; commend, SR 28 EX .......................... 502 Wessels, Mr. Frederick, Jr.; sympathy at passing, SR 25 EX. ................ 433 Wessels, Senator Charles; excused on roll calls, death of father. .............. 16 Wilkins, Roy; expressing sorrow at death, SR 11 EX ...................... 204 Wilson, Mr. John C.; commend, SR 9 EX ............................... 185