Georgia Constitution
INTRODUCTION
The Constitution of the State of Georgia is the governing document of our state. It outlines the three branches of government, dictating both the scope and limitations of government power. It defines the extent of government authority and sets the parameters of personal and individual freedoms. It is the sacred founding document of our State that binds all who are entrusted to serve. Those who dedicate their lives to service must adhere to the principles within it, even in the most difficult of circumstances.
As Georgia’s Secretary of State, I am proud to provide the Constitution of the State of Georgia to you. This document has guided both citizens and leaders for generations since the founding of our state in . Today, it remains an important reminder of our values as a state and our rights as citizens. Those rights are not suggestions; they are the demands for a free society and free people.
Please let me know if I can ever be of service to you. For any issues regarding voting, corporate registrations, securities, or professional licensing, please do not hesitate to call the Office of the Secretary of State at 404-656-2881
Sincerely,
Brad Reffensperger
Georgia Secretary of State
CERTIFICATE
GEORGIA, FULTON COUNTY
This is to certify that, pursuant to the provisions of Article XI, Section I, Paragraph V of the proposed new Constitution of the State of Georgia, the undersigned, who constitute the entire membership of the Commission created by said Paragraph, have performed the duties prescribed in said Paragraph and have incorporated the separate amendment referred to in said Paragraph into the Constitution which is attached. The undersigned further certify that the attached document is being delivered to the Secretary of State and, as provided in said Paragraph, such document, on July 1, 1983, shall be the Constitution of the State of Georgia.This 1st day of March, 1983.
House of Representatives
PREAMBLE
ART. I §1 ¶1 | LIFE, LIBERTY, AND PROPERTY
ART. I §1 ¶2 | PROTECTION TO PERSON AND PROPERTY; EQUAL PROTECTION
ART. I §1 ¶3 | FREEDOM OF CONSCIENCE
ART. I §1 ¶4 | RELIGIOUS OPINIONS; FREEDOM OF RELIGION
ART. I §1 ¶5 | FREEDOM OF SPEECH AND OF THE PRESS GUARANTEED
ART. I §1 ¶6 | LIBEL
ART. I §1 ¶7 | CITIZENS, PROTECTION OF
ART. I §1 ¶8 | ARMS, RIGHT TO KEEP AND BEAR
ART. I §1 ¶9 | RIGHT TO ASSEMBLE AND PETITION
ART. I §1 ¶10 | BILL OF ATTAINDER; EX POST FACTO LAWS; AND RETROACTIVE LAWS
ART. I §1 ¶11 | RIGHT TO TRIAL BY JURY; NUMBER OF JURORS; SELECTION AND COMPENSATION OF JURORS
(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.
ART. I §1 ¶12 | RIGHT TO THE COURTS
ART. I §1 ¶13 | SEARCHES, SEIZURES, AND WARRANTS
ART. I §1 ¶14 | BENEFIT OF COUNSEL; ACCUSATION; LIST OF WITNESSES; COMPULSORY PROCESS
ART. I §1 ¶15 | HABEAS CORPUS
ART. I §1 ¶16 | SELF-INCRIMINATION
ART. I §1 ¶17 | BAIL; FINES; PUNISHMENT; ARREST, ABUSE OF PRISONERS
ART. I §1 ¶18 | JEOPARDY OF LIFE OR LIBERTY MORE THAN ONCE FORBIDDEN
ART. I §1 ¶19 | TREASON
ART. I §1 ¶20 | CONVICTION, EFFECT OF
ART. I §1 ¶21 | BANISHMENT AND WHIPPING AS PUNISHMENT FOR CRIME
ART. I §1 ¶22 | INVOLUNTARY SERVITUDE
ART. I §1 ¶23 | IMPRISONMENT FOR DEBT
ART. I §1 ¶24 | COSTS
ART. I §1 ¶25 | STATUS OF THE CITIZEN
ART. I §1 ¶26 | EXEMPTIONS FROM LEVY AND SALE
ART. I §1 ¶27 | SPOUSE’S SEPARATE PROPERTY
ART. I §1 ¶28 | FISHING AND HUNTING
ART. I §1 ¶29 | ENUMERATION OF RIGHTS NOT DENIAL OF OTHERS
ART. I §1 ¶30 | RIGHTS OF CERTAIN INDIVIDUALS
(2) The right upon request to reasonable, accurate, and timely notice of the arrest, release, or escape of the accused;
(3) The right not to be excluded from any scheduled court proceedings involving the alleged act;
(4) The right upon request to be heard at any scheduled court proceedings involving the release, plea, or sentencing of the accused; and
(5) The right to be informed of his or her rights.
(c) This Paragraph shall not:
(2) Confer upon any victim the right to:
(B) Challenge any verdict or sentence entered in a criminal or delinquency proceeding; or
(C) Standing to participate as a party in a criminal or delinquency proceeding other than to file a motion as provided in subparagraph (b) of this Paragraph;
(4) Restrict the inherent authority of the courts to maintain order in the courtroom.
ART. I §2 ¶1 | ORIGIN AND FOUNDATION OF GOVERNMENT
ART. I §2 ¶2 | OBJECT OF GOVERNMENT
ART. I §2 ¶3 | SEPARATION OF LEGISLATIVE, JUDICIAL, AND EXECUTIVE POWERS
ART. I §2 ¶4 | CONTEMPTS
ART. I §2 ¶5 | WHAT ACTS VOID
(b)
(2) Actions filed pursuant to this Paragraph against this state or any agency, authority, branch, board, bureau, commission, department, office, or public corporation of this state or officer or employee thereof shall be brought exclusively against the state and in the name of the State of Georgia. Actions filed pursuant to this Paragraph against any county, consolidated government, or municipality of the state or officer or employee thereof shall be brought exclusively against such county, consolidated government, or municipality and in the name of such county, consolidated government, or municipality. Actions filed pursuant to this Paragraph naming as a defendant any individual, officer, or entity other than as expressly authorized under this Paragraph shall be dismissed.
(3) Unless otherwise provided herein, this Paragraph shall not affect the power or duty of a court to dismiss any action or deny relief based on any other appropriate legal or equitable ground or other limitation on judicial review, including, but not limited to, administrative exhaustion requirements, ante litem notice requirements, sanctions for frivolous petitions, standing, statutes of limitation and repose, and venue. The General Assembly by an Act may limit the power or duty of a court under this Paragraph to dismiss any action or deny relief.
(4) No damages, attorney’s fees, or costs of litigation shall be awarded in an action filed pursuant to this Paragraph, unless specifically authorized by Act of the General Assembly.
(5) This Paragraph shall not limit the power of the General Assembly to further waive the immunity provided in Article I, Section II, Paragraph IX and Article IX, Section II, Paragraph IX. This Paragraph shall not constitute a waiver of any immunity provided to this state or any agency, authority, branch, board, bureau, commission, department, office, or public corporation of this state or officer or employee thereof or any county, consolidated government, or municipality of this state or officer or employee thereof by the Constitution of the United States.
ART. I §2 ¶6 | SUPERIORITY OF CIVIL AUTHORITY
ART. I §2 ¶7 | SEPARATION OF CHURCH AND STATE
ART. I §2 ¶8 | LOTTERIES AND NONPROFIT BINGO GAMES
(b) 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.
(c) The General Assembly may by law provide for the operation and regulation of a lottery or lotteries by or on behalf of the state and for any matters relating to the purposes or provisions of this subparagraph. Proceeds derived from the lottery or lotteries operated by or on behalf of the state shall be used to pay the operating expenses of the lottery or lotteries, including all prizes, without any appropriation required by law, and for educational programs and purposes as hereinafter provided.
Lottery proceeds shall not be subject to Article VII, Section III, Paragraph II; Article III, Section IX, Paragraph VI(a); or Article III, Section IX, Paragraph IV(c), except that the net proceeds after payment of such operating expenses shall be subject to Article VII, Section III, Paragraph II. Net proceeds after payment of such operating expenses shall be separately accounted for and shall be specifically identified by the Governor in his annual budget presented to the General Assembly as a separate budget category entitled “Lottery Proceeds” and the Governor shall make specific recommendations as to educational programs and educational purposes to which said net proceeds shall be appropriated. In the General Appropriations Act adopted by the General Assembly, the General Assembly shall appropriate all net proceeds of the lottery or lotteries by such separate budget category to educational programs and educational purposes. Such net proceeds shall be used to support improvements and enhancements for educational programs and purposes and such net proceeds shall be used to supplement, not supplant, non-lottery educational resources for educational programs and purposes.
The educational programs and educational purposes for which proceeds may be so appropriated shall include only the following:
(2) Voluntary pre-kindergarten;
(3) One or more educational shortfall reserves in a total amount of not less than 10 percent of the net proceeds of the lottery for the preceding fiscal year;
(4) Costs of providing to teachers at accredited public institutions who teach levels K-12, personnel at public postsecondary technical institutes under the authority of the Department of Technical and Adult Education, and professors and instructors within the University System of Georgia the necessary training in the use and application of computers and advanced electronic instructional technology to implement interactive learning environments in the classroom and to access the state-wide distance learning network; and
(5) Capital outlay projects for educational facilities; provided, however, that no funds shall be appropriated for the items listed in paragraphs (4) and (5) of this subsection until all persons eligible for and applying for assistance as provided in paragraph (1) of this subsection have received such assistance, all approved pre-kindergarten programs provided for in paragraph (2) of this subsection have been fully funded, and the education shortfall reserve or reserves provided for in paragraph (3) of this subsection have been fully funded.
ART. I §2 ¶9 | SOVEREIGN IMMUNITY AND WAIVER THEREOF; CLAIMS AGAINST THE STATE AND ITS DEPARTMENTS, AGENCIES, OFFICERS, AND EMPLOYEES
(b) The General Assembly may also provide by law for the processing and disposition of claims against the state which do not exceed such maximum amount as provided therein.
(c) The state’s defense of sovereign immunity is hereby waived as to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state or its departments and agencies.
(d) Except as specifically provided by the General Assembly in a State Tort Claims Act, all officers and employees of the state or its departments and agencies may be subject to suit and may be liable for injuries and damages caused by the negligent performance of, or negligent failure to perform, their ministerial functions and may be liable for injuries and damages if they act with actual malice or with actual intent to cause injury in the performance of their official functions. Except as provided in this subparagraph, officers and employees of the state or its departments and agencies shall not be subject to suit or liability, and no judgment shall be entered against them, for the performance or nonperformance of their official functions. The provisions of this subparagraph shall not be waived.
(e) Except as specifically provided in this Paragraph, sovereign immunity extends to the state and all of its departments and agencies. The sovereign immunity of the state and its departments and agencies can only be waived by an Act of the General Assembly which specifically provides that sovereign immunity is thereby waived and the extent of such waiver.
(f) No waiver of sovereign immunity under this Paragraph shall be construed as a waiver of any immunity provided to the state or its departments, agencies, officers, or employees by the United States Constitution.
ART. I §3 ¶1 | EMINENT DOMAIN
(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.
ART. I §3 ¶2 | PRIVATE WAYS
ART. I §3 ¶3 | TIDEWATER TITLES CONFIRMED
ART. I §4 ¶1 | RECOGNITION OF MARRIAGE
(b) No union between persons of the same sex shall be recognized by this state as entitled to the benefits of marriage. This state shall not give effect to any public act, record, or judicial proceeding of any other state or jurisdiction respecting a relationship between persons of the same sex that is treated as a marriage under the laws of such other state or jurisdiction. The courts of this state shall have no jurisdiction to grant a divorce or separate maintenance with respect to any such relationship or otherwise to consider or rule on any of the parties’ respective rights arising as a result of or in connection with such relationship.
ART. II §1 ¶1 | METHOD OF VOTING
ART. II §1 ¶2 | RIGHT TO REGISTER AND VOTE
ART. II §1 ¶3 | EXCEPTIONS TO RIGHT TO REGISTER AND VOTE
(b) No person who has been judicially determined to be mentally incompetent may register, remain registered, or vote unless the disability has been removed.
ART. II §2 ¶1 | PROCEDURES TO BE PROVIDED BY LAW
ART. II §2 ¶2 | RUN-OFF ELECTION
ART. II §2 ¶3 | PERSONS NOT ELIGIBLE TO HOLD OFFICE
ART. II §2 ¶4 | RECALL OF PUBLIC OFFICIALS HOLDING ELECTIVE OFFICE
ART. II §2 ¶5 | VACANCIES CREATED BY ELECTED OFFICIALS QUALIFYING FOR OTHER OFFICE
ART. II §3 ¶1 | PROCEDURES FOR AND EFFECT OF SUSPENDING OR REMOVING PUBLIC OFFICIALS UPON FELONY INDICTMENT
(b) Upon indictment for a felony by a grand jury of this state or by the United States, which felony indictment relates to the performance or activities of the office of any public official, the Attorney General or district attorney shall transmit a certified copy of the indictment to the Governor or, if the indicted public official is the Governor, to the Lieutenant Governor who shall, subject to subparagraph (d) of this Paragraph, appoint a review commission. If the indicted public official is the Governor, the commission shall be composed of the Attorney General, the Secretary of State, the State School Superintendent, the Commissioner of Insurance, the Commissioner of Agriculture, and the Commissioner of Labor. If the indicted public official is the Attorney General, the commission shall be composed of three other public officials who are not members of the General Assembly. If the indicted public official is not the Governor, the Attorney General, or a member of the General Assembly, the commission shall be composed of the Attorney General and two other public officials who are not members of the General Assembly. If the indicted public official is a member of the General Assembly, the commission shall be composed of the Attorney General and one member of the Senate and one member of the House of Representatives. If the Attorney General brings the indictment against the public official, the Attorney General shall not serve on the commission. In place of the Attorney General, the Governor shall appoint a retired Supreme Court Justice or a retired Court of Appeals Judge. The commission shall provide for a speedy hearing, including notice of the nature and cause of the hearing, process for obtaining witnesses, and the assistance of counsel. Unless a longer period of time is granted by the appointing authority, the commission shall make a written report within 14 days. If the commission determines that the indictment relates to and adversely affects the administration of the office of the indicted public official and that the rights and interests of the public are adversely affected thereby, the Governor or, if the Governor is the indicted public official, the Lieutenant Governor shall suspend the public official immediately and without further action pending the final disposition of the case or until the expiration of the officer’s term of office, whichever occurs first. During the term of office to which such officer was elected and in which the indictment occurred, if a nolle prosequi is entered, if the public official is acquitted, or if after conviction the conviction is later overturned as a result of any direct appeal or application for a writ of certiorari, the officer shall be immediately reinstated to the office from which he was suspended. While a public official is suspended under this Paragraph, the officer shall not be entitled to receive the compensation from his or her office. If the officer is reinstated to office, he or she shall be entitled to receive any compensation withheld under the provisions of this Paragraph.
(c) Unless the Governor is the public officer under suspension, for the duration of any suspension under this Paragraph, the Governor shall appoint a replacement officer except in the case of a member of the General Assembly. If the Governor is the public officer under suspension, the provisions of Article V, Section I, Paragraph V of this Constitution shall apply as if the Governor were temporarily disabled. Upon a final conviction with no appeal or review pending, the office shall be declared vacant and a successor to that office shall be chosen as provided in this Constitution or the laws enacted in pursuance thereof.
(d) No commission shall be appointed for a period of 14 days from the day the indictment is received. This period of time may be extended by the Governor. During this period of time, the indicted public official may, in writing, authorize the Governor or, if the Governor is the indicted public official, the Lieutenant Governor to suspend him or her from office. Any such voluntary suspension shall be subject to the same conditions for review, reinstatement, or declaration of vacancy as are provided in this Paragraph for a nonvoluntary suspension.
(e) After any suspension is imposed under this Paragraph, the suspended public official may petition the appointing authority for a review. The Governor or, if the indicted public official is the Governor, the Lieutenant Governor may reappoint the commission to review the suspension. The commission shall make a written report within 14 days. If the commission recommends that the public official be reinstated, he or she shall immediately be reinstated to office.
(f) The report and records of the commission and the fact that the public official has or has not been suspended shall not be admissible in evidence in any court for any purpose. The report and record of the commission shall not be open to the public.
(g) The provisions of this Paragraph shall not apply to any indictment handed down prior to January 1, 1985.
(h) If a public official who is suspended from office under the provisions of this Paragraph is not first tried at the next regular or special term following the indictment, the suspension shall be terminated and the public official shall be reinstated to office. The public official shall not be reinstated under this subparagraph if he or she is not so tried based on a continuance granted upon a motion made only by the defendant.
ART. II §3 ¶2 | SUSPENSION UPON FELONY CONVICTION
ART. III §1 ¶1 | POWER VESTED IN GENERAL ASSEMBLY
ART. III §2 ¶1 | SENATE AND HOUSE OF REPRESENTATIVES
(b) The House of Representatives shall consist of not fewer than 180 Representatives apportioned among representative districts of the state.
ART. III §2 ¶2 | APPORTIONMENT OF GENERAL ASSEMBLY
ART. III §2 ¶3 | QUALIFICATIONS OF MEMBERS OF GENERAL ASSEMBLY
(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.
ART. III §2 ¶4 | DISQUALIFICATIONS
(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.
ART. III §2 ¶5 | ELECTION AND TERM OF MEMBERS
(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.
ART. III §3 ¶1 | PRESIDENT AND PRESIDENT PRO TEMPORE 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.
ART. III §3 ¶2 | SPEAKER AND SPEAKER PRO TEMPORE OF THE HOUSE OF REPRESENTATIVES
(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 the rules of the House. The General Assembly shall provide by law for the method of determining disability as provided in this Paragraph.
ART. III §3 ¶3 | OTHER OFFICERS OF THE TWO HOUSES
ART. III §4 ¶1 | MEETING, TIME LIMIT, AND ADJOURNMENT
(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.
ART. III §4 ¶2 | OATH OF MEMBERS
ART. III §4 ¶3 | QUORUM
ART. III §4 ¶4 | RULES OF PROCEDURE; EMPLOYEES; INTERIM COMMITTEES
ART. III §4 ¶5 | VACANCIES
ART. III §4 ¶6 | SALARIES
ART. III §4 ¶7 | ELECTION AND RETURNS; DISORDERLY CONDUCT
ART. III §4 ¶8 | CONTEMPTS, HOW PUNISHED
ART. III §4 ¶9 | PRIVILEGE OF MEMBERS
ART. III §4 ¶10 | ELECTIONS BY EITHER HOUSE
ART. III §4 ¶11 | OPEN MEETINGS
ART. III §5 ¶1 | JOURNALS AND LAWS
ART. III §5 ¶2 | BILLS FOR REVENUE
ART. III §5 ¶3 | ONE SUBJECT MATTER EXPRESSED
ART. III §5 ¶4 | STATUTES AND SECTIONS OF CODE, HOW AMENDED
ART. III §5 ¶5 | MAJORITY OF MEMBERS TO PASS BILL
ART. III §5 ¶6 | WHEN ROLL-CALL VOTE TAKEN
ART. III §5 ¶7 | READING OF GENERAL BILLS
ART. III §5 ¶8 | PROCEDURE FOR CONSIDERING LOCAL LEGISLATION
ART. III §5 ¶9 | ADVERTISEMENT OF NOTICE TO INTRODUCE LOCAL LEGISLATION
ART. III §5 ¶10 | ACTS SIGNED
ART. III §5 ¶11 | SIGNATURE OF GOVERNOR
ART. III §5 ¶12 | REJECTED BILLS
ART. III §5 ¶13 | APPROVAL, VETO, AND OVERRIDE OF VETO OF BILLS AND RESOLUTIONS
(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 two-thirds 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.
(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.
ART. III §5 ¶14 | JOINTLY SPONSORED BILLS AND RESOLUTIONS
ART. III §6 ¶1 | GENERAL POWERS
ART. III §6 ¶2 | SPECIFIC POWERS
(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.
(c) The distribution of tractors, farm equipment, heavy equipment, new motor vehicles, and parts therefor in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare. Notwithstanding the provisions of Article I, Section I, Paragraphs I, II, and III or Article III, Section VI, Paragraph V(c) of this Constitution, the General Assembly in the exercise of its police power shall be authorized to regulate tractor, farm equipment, heavy equipment, and new motor vehicle manufacturers, distributors, dealers, and their representatives doing business in Georgia, including agreements among such parties, in order to prevent frauds, unfair business practices, unfair methods of competition, impositions, and other abuses upon its citizens. Any law enacted by the General Assembly shall not impair the obligation of an existing contract but may apply with respect to the renewal of such a contract after the effective date of such law.
ART. III §6 ¶3 | POWERS NOT TO BE ABRIDGED
ART. III §6 ¶4 | LIMITATIONS ON SPECIAL LEGISLATION
(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.
ART. III §6 ¶5 | SPECIFIC LIMITATIONS
(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)
(2) The General Assembly shall have the power to authorize and provide by general law for judicial enforcement of contracts or agreements restricting or regulating competitive activities between or among:
(B) Distributors and manufacturers;
(C) Lessors and lessees;
(D) Partnerships and partners;
(E) Franchisors and franchisees;
(F) Sellers and purchasers of a business or commercial enterprise; or
(G) Two or more employers.
(e) No municipal or county authority which is authorized to construct, improve, or maintain any road or street on behalf of, pursuant to a contract with, or through the use of taxes or other revenues of a county or municipal corporation shall be created by any local Act or pursuant to any general Act nor shall any law specifically relating to any such authority be amended unless the creation of such authority or the amendment of such law is conditioned upon the approval of a majority of the qualified voters of the county or municipal corporation affected voting in a referendum thereon. This subparagraph shall not apply to or affect any state authority.
ART. III §6 ¶6 | GRATUITIES
(c) The General Assembly may provide by law and may expend or authorize the expenditure of public funds for a health insurance plan or program for persons and the spouses and dependent children of persons who are retired former employees of public schools or public school systems of this state.
(d) The General Assembly may provide by law for indemnification with respect to licensed emergency management rescue specialists who are or have been killed or permanently disabled in the line of duty on or after January 1, 1991, and publicly employed emergency medical technicians who are or have been killed or permanently disabled in the line of duty on or after January 1, 1987.
(e)
(2) The General Assembly may provide by law for a program of compensation for injuries incurred by law enforcement officers and firemen in the line of duty. A law enforcement officer who becomes physically disabled, but not permanently disabled, as a result of a physical injury incurred in the line of duty and caused by a willful act of violence and a fireman who becomes physically disabled, but not permanently disabled, as a result of a physical injury incurred in the line of duty while fighting a fire shall be entitled to receive monthly compensation from the state in an amount equal to any such person’s regular compensation for the period of time that the law enforcement officer or fireman is physically unable to perform the duties of his or her employment; provided, however, that such benefits provided in this subparagraph shall not be granted for more than a total of 12 months for injuries resulting from a single incident. A law enforcement officer or fireman shall be required to submit to a state agency satisfactory evidence of such disability. Benefits made available under this subparagraph shall be subordinate to workers’ compensation benefits, disability and other compensation benefits from an employer which the law enforcement officer or fireman is awarded and shall be limited to the difference between the amount of workers’ compensation benefits, disability and other compensation benefits actually paid and the amount of the law enforcement officer’s or fireman’s regular compensation. Any law enforcement officer or fireman who receives indemnification under subparagraph (1) of this subparagraph (e) shall not be entitled to any compensation under this subparagraph.
(g) The General Assembly may provide by law for indemnification with respect to public school teachers, administrators, and employees who are killed or permanently disabled by an act of violence in the line of duty, a nonlapsing indemnification fund for such purposes, and dedication of revenue from special and distinctive motor vehicle license plates honoring Georgia educators to such fund.
(g) The General Assembly may provide by law for a program of indemnification with respect to the death or permanent disability of any state highway employee who is or at any time in the past was killed or permanently disabled in the line of duty. Funds shall be appropriated as necessary for payment of such indemnification or for the purchase of insurance for such indemnification or both.
ART. III §6 ¶7 | REGULATION OF ALCOHOLIC BEVERAGES
ART. III §7 ¶1 | POWER TO IMPEACH
ART. III §7 ¶2 | TRIAL OF IMPEACHMENTS
ART. III §7 ¶3 | JUDGMENTS IN IMPEACHMENT
ART. III §8 ¶1 | REGULATION OF INSURANCE
ART. III §8 ¶2 | ISSUANCE OF LICENSES
ART. III §9 ¶1 | PUBLIC MONEY, HOW DRAWN
ART. III §9 ¶2 | PREPARATION, SUBMISSION, AND ENACTMENTS OF GENERAL APPROPRIATIONS BILL
(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.
ART. III §9 ¶3 | GENERAL APPROPRIATIONS BILL
ART. III §9 ¶4 | GENERAL APPROPRIATIONS ACT
(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 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.
(d) Funds appropriated to or received by the State Housing Trust Fund for the Homeless shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of funds, and may be expended for programs of purely public charity for the homeless, including programs involving the participation of churches and religious institutions, notwithstanding the provisions of Article I, Section II, Paragraph VII.
ART. III §9 ¶5 | OTHER OR SUPPLEMENTARY APPROPRIATIONS
ART. III §9 ¶6 | APPROPRIATIONS TO BE FOR SPECIFIC SUMS
(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 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 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.
(f) The General Assembly is authorized to provide by law for the creation of a State Children’s Trust Fund from which funds shall be disbursed for child abuse and neglect prevention programs. The General Assembly is authorized to appropriate moneys to such fund and such moneys paid into the fund shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of funds.
(g) The General Assembly is authorized to provide by law for the creation of a Seed-Capital Fund from which funds shall be disbursed at the direction of the Advanced Technology Development Center of the University System of Georgia to provide equity and other capital to small, young, entrepreneurial firms engaged in innovative work in the areas of technology, manufacturing, or agriculture. Funds shall be disbursed in the form of loans or investments which shall provide for repayment, rents, dividends, royalties, or other forms of return on investments as provided by law. Moneys received from returns on loans or investments shall be deposited in the Seed-Capital Fund for further disbursement. The General Assembly is authorized to appropriate moneys to such fund and such moneys paid into the fund shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c) relative to the lapsing of funds. The General Assembly shall be authorized to provide by law for any matters relating to the purpose or provisions of this subparagraph.
(h) The General Assembly is authorized to provide by general law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense against the criminal or traffic laws of this state or an ordinance of a political subdivision of this state. The General Assembly is authorized to provide by general law for the allocation of such additional penalties or fees for the construction, operation, and staffing of jails, correctional institutions, and detention facilities by counties.
(i) The General Assembly is authorized to provide by general law for the creation of an Indigent Care Trust Fund. Any hospital, hospital authority, county, or municipality is authorized to contribute or transfer moneys to the fund and any other person or entity specified by the General Assembly may also contribute to the fund. The General Assembly may provide by general law for the dedication and deposit of revenues raised from specified sources for the purposes of the fund into the fund. Moneys in the fund shall be exclusively used for primary health care programs for medically indigent citizens and children of this state, for expansion of Medicaid eligibility and services, or for programs to support rural and other health care providers, primarily hospitals, who disproportionately serve the medically indigent. Any other appropriation from the Indigent Care Trust Fund shall be void. Contributions and revenues deposited to the fund shall not lapse and shall not be subject to the limitations of subparagraph (a) of this Paragraph or of Article VII, Section III, Paragraph II. Contributions in the fund which are not appropriated as required by this subparagraph shall be refunded pro rata to the contributors thereof, as provided by the General Assembly.
(j) The General Assembly is authorized to provide by general law for the creation of an emerging crops fund from which to pay interest on loans made to farmers to enable such farmers to produce certain crops on Georgia farms and thereby promote economic development. The General Assembly is authorized to appropriate moneys to such fund and moneys so appropriated shall not be subject to the provisions of Article III, Section IX, Paragraph IV(c), relative to the lapsing of appropriated funds. Interest on loans made to farmers shall be paid from such fund pursuant to such terms, conditions, and requirements as the General Assembly shall provide by general law. The General Assembly may provide by general law for the administration of such fund by such state agency or public authority as the General Assembly shall determine.
(k) The General Assembly is authorized to provide by general law for additional penalties or fees in any case in any court in this state in which a person is adjudged guilty of an offense involving driving under the influence of alcohol or drugs. The General Assembly is authorized to provide by general law for the allocation of such additional penalties or fees to the Brain and Spinal Injury Trust Fund, as provided by law, for the specified purpose of meeting any and all costs, or any portion of the costs, of providing care and rehabilitative services to citizens of the state who have survived neurotrauma with head or spinal cord injuries. Moneys appropriated for such purposes shall not lapse. The General Assembly may provide by general law for the administration of such fund by such authority as the General Assembly shall determine.
(l) The General Assembly is authorized to provide by general law for the creation of a roadside enhancement and beautification fund from which funds shall be disbursed for enhancement and beautification of public rights of way; for allocation and dedication of revenue from tree and other vegetation trimming or removal permit fees, other related assessments, and special and distinctive wildflower motor vehicle license plate fees to such fund; that moneys paid into the fund shall not lapse, the provisions of Article III, Section IX, Paragraph IV(c) notwithstanding; and for any matters relating to the purpose or provisions of this subparagraph. An Act creating such fund and making such provisions effective January 1, 1999, or later may originate or have originated in the Senate or the House of Representatives.
(m) There shall be within the Department of Agriculture a dog and cat reproductive sterilization support program to control dog and cat overpopulation and thereby reduce the number of animals housed and killed in animal shelters, which program shall be administered by the Commissioner of Agriculture. In order to fund the program, there shall be issued beginning in 2003 specially designed license plates promoting the program. The General Assembly shall provide by law for the issuance of such license plates and for dedication of certain revenue derived from fees for such plates to the support of the program. All such dedicated revenue derived from special license plate fees, any funds appropriated to the department for such purposes, and any voluntary contributions or other funds made available to the department for such purposes and all interest thereon shall be deposited in a special fund for support of the program, shall not be used for any purpose other than support of the program, and shall not lapse. The General Assembly may provide by law for all matters necessary or appropriate to the implementation of this paragraph.
(n) The General Assembly may provide by law for the issuance and renewal of special motor vehicle license plates that motor vehicle owners may optionally purchase and renew for additional fees. The General Assembly may provide for all or a portion of the net revenue, as defined by the General Assembly, derived from the additional fees charged for any such special license plate to be dedicated to an agency, fund, or nonprofit corporation to implement or support programs related to the nature of the special license plate, as intended by the authorizing statute. Any dedication of funds enacted pursuant to the authority of this subparagraph may be in whole or in part for the ultimate use of a nonprofit corporation, without limitation by Article III, Section VI, Paragraph VI, if the General Assembly determines that the license plate program and such appropriation will benefit both the state and the nonprofit corporation. Any law enacted pursuant to the authority of this subparagraph may provide that funds dedicated pursuant to such law shall not lapse as otherwise required by Article III, Section IX, Paragraph IV(c). Any law enacted pursuant to the authority of this subparagraph shall be required to receive a two thirds’ majority vote in both the Senate and the House of Representatives.
(o) The General Assembly may provide by general law for additional penalties in any case in any court in this state in which a person is adjudged guilty of keeping a place of prostitution, pimping, pandering, pandering by compulsion, solicitation of sodomy, masturbation for hire, trafficking of persons for sexual servitude, or sexual exploitation of children and may impose assessments on adult entertainment establishments as defined by law; and such appropriated amount shall not lapse as required by Article III, Section IX, Paragraph IV(c) and shall not be subject to the limitations of subparagraph (a) of this Paragraph, Article III, Section V, Paragraph II, Article VII, Section III, Paragraph II(a), or Article VII, Section III, Paragraph IV. The General Assembly may provide by general law for the allocation of such assessments and additional penalties to the Safe Harbor for Sexually Exploited Children Fund for the specified purpose of meeting any and all costs, or any portion of the costs, of providing care and rehabilitative and social services to individuals in this state who have been or may be sexually exploited. The General Assembly may provide by general law for the administration of such fund by such authority as the General Assembly shall determine.
(p) The proceeds of any excise tax imposed by general law on the sale of fireworks or consumer fireworks in this state shall be dedicated to the provision of trauma care, fire services, and local public safety purposes in Georgia. The General Assembly shall provide by general law for the use, dedication, and deposit of revenues raised from any such excise tax on fireworks or consumer fireworks. Contributions and revenues deposited for such purposes shall not lapse and shall not be subject to the limitations of subparagraph (a) of this Paragraph or of Article VII, Section III, Paragraph II.
(q) The General Assembly is authorized to provide by general law that up to 80 percent of all moneys received by the state from the levy of a tax on the sale and use of goods and services, as defined by general law, collected by establishments classified under the 2007 North American Industry Classification Code 451110, sporting goods stores, in the immediately preceding fiscal year will be paid into and dedicated to the Georgia Outdoor Stewardship Trust Fund for the purpose of protecting and preserving conservation land, as more specifically provided for by general law. Any general law adopted pursuant to this Paragraph shall provide for automatic repeal not more than ten years after its effective date, provided that such repeal date may be extended for a maximum of ten additional years. The revenues dedicated pursuant to this subparagraph shall not lapse, the provisions of Article III, Section IX, Paragraph IV(c) to the contrary notwithstanding, and such revenues shall not be subject to the limitations of subparagraph (a) of this Paragraph or Article VII, Section III, Paragraph II(a).
(r)
(2) The General Assembly shall not be authorized to dedicate state revenues pursuant to this subparagraph when the total revenues dedicated hereunder, including any nonlapsed funds, are equal to or exceed one percent of the total state revenues based on the previous fiscal year’s state revenues subject to appropriation.
(3) Any general law enacted pursuant to this subparagraph shall not be subject to the limitations of Article III, Section IX, Paragraph IV(c), relating to the lapsing of funds; Article III, Section IX, Paragraph VI(a), relating to allocation of proceeds; or Article VII, Section III, Paragraph Il(a), relating to payment into the general fund of the state treasury.
(4) Any general law enacted creating or renewing and dedicating revenues shall not become effective unless approved by two-thirds of the members elected to each chamber of the General Assembly in a roll-call vote; provided, however, that such a general law may be repealed by a majority vote of the members elected to each chamber of the General Assembly in a roll-call vote. Except in the case of a financial emergency as provided in paragraph (5) of this subparagraph, no amendment to any general law enacted pursuant to this subparagraph shall become effective unless approved by two-thirds of the members elected to each chamber of the General Assembly in a roll-call vote.
(5) No revenues which are dedicated by a general law enacted pursuant to this subparagraph shall be subject to any further dedication, any rededication to another purpose, or any alteration whatsoever through the general appropriations Act, or any amendment thereto, or any supplementary appropriations Act, or any amendment thereto, and any such further dedication, rededication to another purpose, or alteration shall be void and of no force and effect. If in the case of a financial emergency the Governor or General Assembly intends to suspend the dedication of revenues enacted pursuant to this subparagraph, the Governor or the General Assembly shall do so only in strict compliance with the following procedures.
(B) In the event the Governor declares a financial emergency in the state as provided in subparagraph (5)(A) or where a majority vote of the members elected to each chamber of the General Assembly in a roll-call vote approves a joint resolution finding a financial emergency, which shall be deemed to exist only if the revenue collection in the most recently completed fiscal year decreased by three percent or more below the revenue estimate for such fiscal year or the state experiences three consecutive months of declining revenues during the current fiscal year, the General Assembly may temporarily suspend the dedication of revenues enacted pursuant to this subparagraph, in whole or part, and may appropriate such unspent revenues to maintain the fiscal integrity of the state. Such joint resolution shall not be effective for more than two consecutive fiscal years and may be adopted not more than three times in any ten consecutive fiscal-year period.
ART. III §9 ¶7 | APPROPRIATIONS VOID, WHEN
ART. III §10 ¶1 | EXPENDITURE OF PUBLIC FUNDS AUTHORIZED
ART. III §10 ¶2 | INCREASING BENEFITS AUTHORIZED
ART. III §10 ¶3 | RETIREMENT SYSTEMS COVERING EMPLOYEES OF COUNTY BOARDS OF EDUCATION
ART. III §10 ¶4 | FIREMEN’S PENSION SYSTEM
ART. III §10 ¶5 | FUNDING STANDARDS
ART. III §10 ¶5-A | LIMITATION ON INVOLUNTARY SEPARATION BENEFITS FOR GOVERNOR OF THE STATE OF GEORGIA
ART. III §10 ¶6 | INVOLUNTARY SEPARATION; PART-TIME SERVICE
(2) To provide additional or revise existing limitations or restrictions on the right to qualify for a retirement benefit based on involuntary separation from employment.
(c) Any law enacted by the General Assembly pursuant to subparagraph (a) or (b) of this Paragraph may affect persons who are members of public retirement or pension systems on January 1, 1985, and who became members at any time prior to that date.
(d) Any law enacted by the General Assembly pursuant to subparagraph (a) or (b) of this Paragraph shall not be subject to any law controlling legislative procedures for the consideration of retirement or pension bills, including, but not limited to, any limitations on the sessions of the General Assembly at which retirement or pension bills may be introduced.
(e) No public retirement or pension system created on or after January 1, 1985, shall grant any person whose retirement is based on involuntary separation from employment a retirement or pension benefit more favorable than the retirement or pension benefit granted to a person whose separation from employment is voluntary.
ART. IV §1 ¶1 | PUBLIC SERVICE COMMISSION
(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.
ART. IV §2 ¶1 | STATE BOARD OF PARDONS AND PAROLES
ART. IV §2 ¶2 | POWERS AND AUTHORITY
(b)
(2) The General Assembly may by general law approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote provide for minimum mandatory sentences and for sentences which are required to be served in their entirety for persons convicted of armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery and, when so provided by such Act, the board shall not have the authority to consider such persons for pardon, parole, or commutation during that portion of the sentence.
(3) The General Assembly may by general law approved by two-thirds of the members elected to each branch of the General Assembly in a roll-call vote provide for the imposition of sentences of life without parole for persons convicted of murder and for persons who having been previously convicted of murder, armed robbery, kidnapping, rape, aggravated child molestation, aggravated sodomy, or aggravated sexual battery or having been previously convicted under the laws of any other state or of the United States of a crime which if committed in this state would be one of those offenses and who after such previous conviction subsequently commits and is convicted of one of those offenses and, when so provided by such Act, the board shall not have the authority to consider such persons for pardon, parole, or commutation from any portion of such sentence.
(4) Any general law previously enacted by the General Assembly providing for life without parole or for mandatory service of sentences without suspension, probation, or parole is hereby ratified and approved but such provisions shall be subject to amendment or repeal by general law.
(2) Any person who has received consecutive life sentences as the result of offenses occurring during the same series of acts.
(e) 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 or to issue a medical reprieve to an entirely incapacitated person suffering a progressively debilitating terminal illness or parole any person who is age 62 or older.
ART. IV §3 ¶1 | STATE PERSONNEL BOARD
(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.
ART. IV §3 ¶2 | VETERANS PREFERENCE
ART. IV §4 ¶1 | STATE TRANSPORTATION BOARD; COMMISSIONER
(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.
ART. IV §5 ¶1 | VETERANS SERVICE BOARD; COMMISSIONER
(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.
ART. IV §6 ¶1 | BOARD OF NATURAL RESOURCES
(b) The board shall have such powers and duties as provided by law.
ART. IV §7 ¶1 | QUALIFICATIONS, COMPENSATION, AND REMOVAL FROM OFFICE
ART. IV §7 ¶2 | POWERS AND DUTIES
ART. V §1 ¶1 | GOVERNOR: TERM OF OFFICE; COMPENSATION AND ALLOWANCES
ART. V §1 ¶2 | ELECTION FOR GOVERNOR
ART. V §1 ¶3 | LIEUTENANT GOVERNOR
ART. V §1 ¶4 | QUALIFICATIONS OF GOVERNOR AND LIEUTENANT GOVERNOR
ART. V §1 ¶5 | SUCCESSION TO EXECUTIVE POWER
(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.
ART. V §1 ¶6 | OATH OF OFFICE
ART. V §2 ¶1 | EXECUTIVE POWERS
ART. V §2 ¶2 | LAW ENFORCEMENT
ART. V §2 ¶3 | COMMANDER IN CHIEF
ART. V §2 ¶4 | VETO POWER
ART. V §2 ¶5 | WRITS OF ELECTION
ART. V §2 ¶6 | INFORMATION AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY
ART. V §2 ¶7 | SPECIAL SESSIONS OF THE GENERAL ASSEMBLY
(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.
ART. V §2 ¶8 | FILLING VACANCIES
(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.
ART. V §2 ¶9 | APPOINTMENTS BY GOVERNOR
ART. V §2 ¶10 | INFORMATION FROM OFFICERS AND EMPLOYEES
ART. V §3 ¶1 | OTHER EXECUTIVE OFFICERS, HOW ELECTED
ART. V §3 ¶2 | QUALIFICATIONS
(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.
ART. V §3 ¶3 | POWERS, DUTIES, COMPENSATION, AND ALLOWANCES OF OTHER EXECUTIVE OFFICERS
ART. V §3 ¶4 | ATTORNEY GENERAL; DUTIES
ART. V §4 ¶1 | ELECTED CONSTITUTIONAL EXECUTIVE OFFICER HOW DEFINED
ART. V §4 ¶2 | PROCEDURE FOR DETERMINING DISABILITY
ART. V §4 ¶3 | EFFECT OF DETERMINATION OF DISABILITY
ART. VI §1 ¶1 | JUDICIAL POWER OF THE STATE
ART. VI §1 ¶2 | UNIFIED JUDICIAL SYSTEM
ART. VI §1 ¶3 | JUDGES; EXERCISE OF POWER OUTSIDE OWN COURT; SCOPE OF TERM 'JUDGE'
ART. VI §1 ¶4 | EXERCISE OF JUDICIAL POWER
ART. VI §1 ¶5 | UNIFORMITY OF JURISDICTION, POWERS, ETC.
The provisions of this Paragraph, as related to the state-wide business court, shall be effective as provided by law.
ART. VI §1 ¶6 | JUDICIAL CIRCUITS; COURTS IN EACH COUNTY; COURT SESSIONS
ART. VI §1 ¶7 | JUDICIAL CIRCUITS, COURTS, AND JUDGESHIPS, LAW CHANGED
ART. VI §1 ¶8 | TRANSFER OF CASES
ART. VI §1 ¶9 | RULES OF EVIDENCE; LAW PRESCRIBED
ART. VI §1 ¶10 | AUTHORIZATION FOR PILOT PROJECTS
The General Assembly shall provide by general law for a procedure for submitting proposed legislation relating to such pilot programs to the Judicial Council of Georgia or its successor. Legislation enacted pursuant to this Paragraph shall not deny equal protection of the laws to any person in violation of Article I, Section I, Paragraph II of this Constitution.
ART. VI §2 ¶1 | DIVORCE CASES
ART. VI §2 ¶2 | LAND TITLES
ART. VI §2 ¶3 | EQUITY CASES
ART. VI §2 ¶4 | SUITS AGAINST JOINT OBLIGORS, COPARTNERS, OR JOINT TRESPASSERS
ART. VI §2 ¶5 | SUITS AGAINST MAKER, ENDORSER, ETC.
ART. VI §2 ¶6 | ALL OTHER CASES
ART. VI §2 ¶7 | VENUE IN THIRD-PARTY PRACTICE
ART. VI §2 ¶8 | POWER TO CHANGE VENUE
ART. VI §2 ¶9 | VENUE OF STATE-WIDE BUSINESS COURT
ART. VI §3 ¶1 | JURISDICTION OF CLASSES OF COURTS OF LIMITED JURISDICTION
ART. VI §3 ¶2 | JURISDICTION OF STATE-WIDE BUSINESS COURT
ART. VI §4 ¶1 | JURISDICTION OF SUPERIOR COURTS
ART. VI §5 ¶1 | COMPOSITION OF COURT OF APPEALS; CHIEF JUDGE
ART. VI §5 ¶2 | PANELS AS PRESCRIBED
ART. VI §5 ¶3 | JURISDICTION OF COURT OF APPEALS; DECISIONS BINDING
ART. VI §5 ¶4 | CERTIFICATION OF QUESTION TO SUPREME COURT
ART. VI §5 ¶5 | EQUAL DIVISION OF COURT
ART. VI §6 ¶1 | COMPOSITION OF SUPREME COURT; CHIEF JUSTICE; PRESIDING JUSTICE; QUORUM; SUBSTITUTE JUDGES
ART. VI §6 ¶2 | EXCLUSIVE APPELLATE JURISDICTION OF SUPREME COURT
(2) All cases of election contest.
ART. VI §6 ¶3 | GENERAL APPELLATE JURISDICTION OF SUPREME COURT
(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.
ART. VI §6 ¶4 | JURISDICTION OVER QUESTIONS OF LAW FROM STATE APPELLATE OR FEDERAL DISTRICT OR APPELLATE COURTS
ART. VI §6 ¶5 | REVIEW OF CASES IN COURT OF APPEALS
ART. VI §6 ¶6 | DECISIONS OF SUPREME COURT BINDING
ART. VI §7 ¶1 | SELECTION; TERM OF OFFICE
(b) All state-wide business court judges shall serve a term of five years; provided, however, that the initial term of such judges shall be as provided by law. Such judges shall be appointed by the Governor, subject to approval by a majority vote of the Senate Judiciary Committee and a majority vote of the House Committee on Judiciary. Such judges may be reappointed for any number of consecutive terms as long as he or she meets the qualifications of appointment at the time of each appointment and is approved as required by this subparagraph. The state-wide business court shall consist of the number of judges as provided for by law. For purposes of qualifications, statewide business court judges shall be deemed to serve the geographical area of this state.
ART. VI §7 ¶2 | QUALIFICATIONS
(b) State court judges shall have been admitted to practice law for seven years, provided that this requirement shall be five years in the case of state court judges elected or appointed in the year 2000 or earlier. Juvenile court judges shall have been admitted to practice law for five years.
(b.1) State-wide business court judges shall have such qualifications as provided by law.
(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.
ART. VI §7 ¶3 | VACANCIES
ART. VI §7 ¶4 | PERIOD OF SERVICE OF APPOINTEES
ART. VI §7 ¶5 | COMPENSATION AND ALLOWANCES OF JUDGES
ART. VI §7 ¶6 | JUDICIAL QUALIFICATIONS COMMISSION; POWER; COMPOSITION
(b) The procedures of the Judicial Qualifications Commission shall comport with due process. Such procedures and advisory opinions issued by the Judicial Qualifications Commission shall be subject to review by the Supreme Court.
(c) The Judicial Qualifications Commission which existed on June 30, 2017, is hereby abolished.
ART. VI §7 ¶7 | DISCIPLINE, REMOVAL, AND INVOLUNTARY RETIREMENT OF JUDGES
(b)
(2) The commission shall not review the indictment for a period of 14 days from the day the indictment is received. This period of time may be extended by the commission. During this period of time, the indicted judge may, in writing, authorize the commission to suspend him from office. Any such voluntary suspension shall be subject to the same conditions for review, reinstatement, or declaration of vacancy as are provided in this subparagraph for a nonvoluntary suspension.
(3) After any suspension is imposed under this subparagraph, the suspended judge may petition the commission for a review. If the commission determines that the judge should no longer be suspended, he shall immediately be reinstated to office.
(4)
(B) The findings and records of the commission shall not be open to the public except as provided by the General Assembly by general law.
(6) If a judge who is suspended from office under the provisions of this subparagraph is not first tried at the next regular or special term following the indictment, the suspension shall be terminated and the judge shall be reinstated to office. The judge shall not be reinstated under this provision if he is not so tried based on a continuance granted upon a motion made only by the defendant.
ART. VI §7 ¶8 | DUE PROCESS; REVIEW BY SUPREME COURT
ART. VI §8 ¶1 | DISTRICT ATTORNEYS; VACANCIES; QUALIFICATIONS; COMPENSATION; DUTIES; IMMUNITY
(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 actions arising from the performance of their duties.
ART. VI §8 ¶2 | DISCIPLINE, REMOVAL, AND INVOLUNTARY RETIREMENT OF DISTRICT ATTORNEYS
ART. VI §9 ¶1 | ADMINISTRATION OF THE JUDICIAL SYSTEM; UNIFORM COURT RULES; ADVICE AND CONSENT OF COUNCILS
ART. VI §9 ¶2 | DISPOSITION OF CASES
ART. VI §10 ¶1 | EFFECT OF RATIFICATION
(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 Constitution and the County Court of Echols County shall become and be classified as magistrate courts. The County Court of Baldwin County and the County Court of Putnam County shall become and be classified as state courts, with the same jurisdiction and powers as other state courts.
ART. VI §10 ¶2 | CONTINUATION OF JUDGES
ART. VII §1 ¶1 | TAXATION; LIMITATIONS ON GRANTS OF TAX POWERS
ART. VII §1 ¶2 | TAXING POWER LIMITED
(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.
ART. VII §1 ¶3 | UNIFORMITY; CLASSIFICATION OF PROPERTY; ASSESSMENT OF AGRICULTURAL LAND; UTILITIES
(b)
(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:
(B) Mobile homes other than those mobile homes which qualify the owner of the home for a homestead exemption from ad valorem taxation.
(C) Heavy-duty equipment motor vehicles owned by nonresidents and operated in this state.
(ii) An estate of which the devisee or heirs are one or more natural or naturalized citizens; or
(iii) A trust of which the beneficiaries are one or more natural or naturalized citizens; or
(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.
(2) The General Assembly shall be authorized by general law to establish as a separate class of property for ad valorem tax purposes any tangible real property on which there have been releases of hazardous waste, constituents, or substances into the environment. For such purposes, the General Assembly is authorized by general law to establish a program by which certain properties within such class may be assessed for taxes at different rates or valuations in order to encourage the cleanup, reuse, and redevelopment of such properties and to assist in the revitalization thereof by encouraging remedial action.
(B) A breach of such covenant within ten years shall result in a recapture of the tax savings resulting from such methods of assessment and taxation and may result in other appropriate penalties;
(2)
(B) All contiguous forest land conservation use property of an owner within a county for which forest land conservation use assessment is sought under this subparagraph shall be in a single covenant.
(C) A breach of such covenant within ten years shall result in a recapture of the tax savings resulting from such methods of assessment and taxation and may result in other appropriate penalties.
(D) The General Assembly may provide by general law for a limited exception to the 200 acre requirement in the case of a transfer of ownership of all or a part of the forest land conservation use property during a covenant period to another owner qualified to enter into an original forest land conservation use covenant if the original covenant is continued by both such acquiring owner and the transferor for the remainder of the term, in which event no breach of the covenant shall be deemed to have occurred even if the total size of a tract from which the transfer was made is reduced below 200 acres.
(ii) If the forest land conservation use property is located in a county, municipality, or county or independent school district where forest land conservation use value causes an ad valorem tax revenue reduction of more than 3 percent due to the implementation of this subparagraph, in each taxable year in which such reduction occurs, the assistance grants to the county, each municipality located therein, and the county or independent school districts located therein shall be for the first 3 percent of such reduction amount, in an amount equal to 50 percent of the amount of such reduction and, for the remainder of such reduction amount, in an amount equal to 100 percent of the amount of such remaining reduction amount.
(ii) For purposes of this subparagraph, the forest land conservation use value shall not include the value of the standing timber located on forest land conservation use property.
(iii) For the purposes of this subparagraph, forest land fair market value means the fair market value of the forest land as determined in 2016, provided that such value shall change in 2019 and every three years thereafter to the fair market value of forest land as determined in such year.
(B) The value of qualified timberland property shall be at least 175 percent of such property’s forest land conservation use value as determined pursuant to subparagraph (f) of this Paragraph.
(B) Authorize the General Assembly to provide for a separate system by which to appeal appraisals of and determinations made related to qualified timberland property.
(h) The governing authority of each county, municipality, and consolidated government and the board of education of each independent and county school system in this state shall be authorized to grant temporary tax relief to properties within its jurisdiction which are severely damaged or destroyed as a result of a disaster and which are located within a nationally declared disaster area. The General Assembly shall provide by general law for the eligibility, procedures for obtaining, and all other matters regarding such temporary tax relief.
ART. VII §2 ¶1 | UNAUTHORIZED TAX EXEMPTIONS VOID
ART. VII §2 ¶2 | EXEMPTIONS FROM TAXATION OF PROPERTY
(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 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.
ART. VII §2 ¶3 | EXEMPTIONS WHICH MAY BE AUTHORIZED LOCALLY
(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 five- year 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.
ART. VII §2 ¶4 | CURRENT PROPERTY TAX EXEMPTIONS PRESERVED
ART. VII §2 ¶5 | DISABLED VETERAN’S HOMESTEAD EXEMPTION
ART. VII §2A ¶1 | STATE GRANTS; ADJUSTMENT AMOUNT
ART. VII §3 ¶1 | TAXATION; PURPOSES FOR WHICH 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.
ART. VII §3 ¶2 | REVENUE TO BE PAID INTO GENERAL FUND
(b)
(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.
ART. VII §3 ¶3 | GRANTS TO COUNTIES AND MUNICIPALITIES
ART. VII §4 ¶1 | PURPOSES FOR WHICH DEBT MAY BE INCURRED. THE STATE MAY INCUR
(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 to provide public library facilities for county and independent school systems, counties, municipalities, and boards of trustees of public libraries or boards of trustees of public library systems, and, when the construction of such educational or library facilities has been completed, the title to such facilities shall be vested in the respective local boards of education, counties, municipalities, or public library boards of trustees for which such facilities were constructed.
(e) General obligation debt in order to make loans to counties, municipal corporations, political subdivisions, local authorities, and other local government entities for water or sewerage facilities or systems or for regional or multijurisdictional solid waste recycling or solid waste facilities or systems. It shall not be necessary for the state or a state authority to hold title to or otherwise be the owner of such facilities or systems. General obligation debt for these purposes may be authorized and incurred for administration and disbursement by a state authority created and activated before, on, or after November 8, 1960.
(f) 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:
(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.
(6) Regional or multijurisdictional solid waste recycling or solid waste facilities or systems.
ART. VII §4 ¶2 | STATE GENERAL OBLIGATION DEBT AND GUARANTEED REVENUE DEBT; LIMITATIONS
(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 (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.
ART. VII §4 ¶3 | STATE GENERAL OBLIGATION DEBT AND GUARANTEED REVENUE DEBT; CONDITIONS UPON ISSUANCE; SINKING FUNDS AND RESERVE FUNDS
(2)
(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.
(2)
(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 fisca1 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.
ART. VII §4 ¶4 | CERTAIN CONTRACTS PROHIBITED
ART. VII §4 ¶5 | REFUNDING OF DEBT
ART. VII §4 ¶6 | FAITH AND CREDIT OF STATE PLEDGED DEBT MAY BE VALIDATED
ART. VII §4 ¶7 | GEORGIA STATE FINANCING AND INVESTMENT COMMISSION; DUTIES
(b) Notwithstanding subparagraph (a) of this Paragraph, proceeds from general obligation debt issued for making loans to local government entities for water or sewerage facilities or systems or for regional or multijurisdictional solid waste recycling or solid waste facilities or systems as provided in Paragraph I(e) of this section shall be paid or transferred to and administered and invested by the unit of state government or state authority made responsible by law for such activities, and the proceeds and investment earnings thereof shall be applied and disbursed by such unit or authority.
ART. VII §4 ¶8 | STATE AID FORBIDDEN
ART. VII §4 ¶9 | CONSTRUCTION
ART. VII §4 ¶10 | ASSUMPTION OF DEBTS FORBIDDEN; EXCEPTIONS
ART. VII §4 ¶11 | SECTION NOT TO UNLAWFULLY IMPAIR CONTRACTS OR REVIVE OBLIGATIONS PREVIOUSLY VOIDED
(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.
ART. VII §4 ¶12 | MULTIYEAR CONTRACTS FOR ENERGY EFFICIENCY OR CONSERVATION IMPROVEMENT
ART. VII §4 ¶13 | MULTIYEAR RENTAL AGREEMENTS
ART. VIII §1 ¶1 | PUBLIC EDUCATION; FREE PUBLIC EDUCATION PRIOR TO COLLEGE OR POSTSECONDARY LEVEL; SUPPORT BY TAXATION
ART. VIII §2 ¶1 | STATE BOARD OF EDUCATION
(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.
ART. VIII §3 ¶1 | STATE SCHOOL SUPERINTENDENT
ART. VIII §4 ¶1 | UNIVERSITY SYSTEM OF GEORGIA; BOARD OF REGENTS
(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.
ART. VIII §5 ¶1 | SCHOOL SYSTEMS CONTINUED; CONSOLIDATION OF SCHOOL SYSTEMS AUTHORIZED; NEW INDEPENDENT SCHOOL SYSTEMS PROHIBITED
ART. VIII §5 ¶2 | BOARDS OF EDUCATION
ART. VIII §5 ¶3 | SCHOOL SUPERINTENDENTS
ART. VIII §5 ¶4 | RESERVED
ART. VIII §5 ¶5 | POWER OF BOARDS TO CONTRACT WITH EACH OTHER
(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.
ART. VIII §5 ¶6 | POWER OF BOARDS TO ACCEPT BEQUESTS, DONATIONS, GRANTS, AND TRANSFERS
ART. VIII §5 ¶7 | SPECIAL SCHOOLS
(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.
ART. VIII §6 ¶1 | LOCAL TAXATION FOR EDUCATION
(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.
ART. VIII §6 ¶2 | INCREASING OR REMOVING TAX RATE
ART. VIII §6 ¶3 | SCHOOL TAX COLLECTION REIMBURSEMENT
ART. VIII §6 ¶4 | SALES TAX FOR EDUCATIONAL PURPOSES
(b) The purpose or purposes for which the proceeds of the tax are to be used and may be expended include:
(2) The retirement of previously incurred general obligation debt with respect only to capital outlay projects of the school system; provided, however, that the tax authorized under this Paragraph shall only be expended for the purpose authorized under this subparagraph (b)(2) if all ad valorem property taxes levied or scheduled to be levied prior to the maturity of any such then outstanding general obligation debt to be retired by the proceeds of the tax imposed under this Paragraph shall be reduced by a total amount equal to the total amount of proceeds of the tax imposed under this Paragraph to be applied to retire such bonded indebtedness. In the event of failure to comply with the requirements of this subparagraph (b)(2), as certified by the Department of Revenue, no further funds shall be expended under this subparagraph (b)(2) by such county or independent board of education and all such funds shall be maintained in a separate, restricted account and held solely for the expenditure for future capital outlay projects for educational purposes; or
(3) A combination of the foregoing.
(2) The maximum cost of such project or projects and, if applicable, the maximum amount of debt to be retired, which cost and amount of debt shall also be the maximum amount of net proceeds to be raised by the tax; and
(3) The maximum period of time, to be stated in calendar years or calendar quarters and not to exceed five years.
(e) The tax imposed pursuant to this Paragraph shall not be subject to and shall not count with respect to any general law limitation regarding the maximum amount of local sales and use taxes which may be levied in any jurisdiction in this state.
(f) The tax imposed pursuant to this Paragraph shall not be subject to any sales and use tax exemption with respect to the sale or use of food and beverages which is imposed by law.
(g) The net proceeds of the tax shall be distributed between the county school district and the independent school districts, or portion thereof, located in such county according to an agreement between the county school system and the independent school district or districts or, if no agreement can be reached, according to the ratio the student enrollment in each school district, or portion thereof, bears to the total student enrollment of all school districts in the county or upon such other formula for distribution as may be authorized by local law. For purposes of this subparagraph, student enrollment shall be based on the latest full-time equivalent count prior to the referendum on imposing the tax.
(h) Excess proceeds of the tax which remain following expenditure of proceeds for authorized projects or purposes for education shall be used solely for the purpose of reducing any indebtedness of the school system. In the event there is no indebtedness, such excess proceeds shall be used by such school system for the purpose of reducing its millage rate in an amount equivalent to the amount of such excess proceeds.
(i) The tax authorized by this Paragraph may be imposed, levied, and collected as provided in this Paragraph without further action by the General Assembly, but the General Assembly shall be authorized by general law to further define and implement its provisions including, but not limited to, the authority to specify the percentage of net proceeds to be allocated among the projects and purposes for which the tax was levied.
(j)
(2) The restriction on and limitation of ad valorem taxing powers described in subparagraph (j)(l) of this Paragraph shall remain applicable with respect to proceeds received from the levy of a local sales and use tax specifically authorized by a constitutional amendment in force and effect pursuant to Article XI, Section I, Paragraph IV(a), as opposed to a local sales and use tax authorized by this Paragraph or by general law.
ART. VIII §7 ¶1 | EDUCATIONAL ASSISTANCE PROGRAMS AUTHORIZED
(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.
(c) The General Assembly shall be authorized by general law to provide for an education trust fund to assist students and parents of students in financing postsecondary education and to provide for contracts between the fund and purchasers for the advance payment of tuition by each purchaser for a qualified beneficiary to attend a state institution of higher education. Such general law shall provide for such terms, conditions, and limitations as the General Assembly shall deem necessary for the implementation of this subparagraph. Notwithstanding any provision of this Constitution to the contrary, the General Assembly shall be authorized to provide for the guarantee of such contracts with state revenues.
ART. VIII §7 ¶2 | GUARANTEED REVENUE DEBT
ART. VIII §7 ¶3 | PUBLIC AUTHORITIES
ART. VIII §7 ¶4 | WAIVER OF TUITION
ART. IX §1 ¶1 | COUNTIES A BODY CORPORATE AND POLITIC
ART. IX §1 ¶2 | NUMBER OF COUNTIES LIMITED; COUNTY BOUNDARIES AND COUNTY SITES; COUNTY CONSOLIDATION
(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.
ART. IX §1 ¶3 | COUNTY OFFICERS; ELECTION; TERM; COMPENSATION
(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.
ART. IX §1 ¶4 | CIVIL SERVICE SYSTEMS
ART. IX §2 ¶1 | HOME RULE FOR COUNTIES
(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:
(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 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.
(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.
(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.
ART. IX §2 ¶2 | HOME RULE FOR MUNICIPALITIES
ART. IX §2 ¶3 | SUPPLEMENTARY POWERS
(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.
(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.
(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.
(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.
ART. IX §2 ¶4 | PLANNING AND ZONING
ART. IX §2 ¶5 | EMINENT DOMAIN
ART. IX §2 ¶6 | SPECIAL 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 (b) of this Paragraph.
ART. IX §2 ¶7 | COMMUNITY REDEVELOPMENT
(a.1) The General Assembly may authorize any county, municipality, or housing authority to undertake and carry out community redevelopment.
(b) The General Assembly is also 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. Such general law may authorize the use of county, municipal, and school tax funds, or any combination thereof, to fund such redevelopment purposes and programs, including the payment of debt service on tax allocation bonds, notwithstanding Section VI of Article VIII or any other provision of this Constitution and regardless of whether any county, municipality, or local board of education approved the use of such tax funds for such purposes and programs before January 1, 2009. No county, municipal, or school tax funds may be used for such purposes and programs without the approval by resolution of the applicable governing body of the county, municipality, or local board of education. No school tax funds may be used for such purposes and programs except as authorized by general law after January 1, 2009; provided, however, that any school tax funds pledged for the repayment of tax allocation bonds which have been judicially validated pursuant to general law shall continue to be used for such purposes and programs. 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 voting thereon in the county or municipality directly affected by that local law.
(c) The General Assembly is authorized to provide by general law for the creation of enterprise zones by counties or municipalities, or both. Such law may provide for exemptions, credits, or reductions of any tax or taxes levied within such zones by the state, a county, a municipality, or any combination thereof. Such exemptions shall be available only to such persons, firms, or corporations which create job opportunities within the enterprise zone for unemployed, low, and moderate income persons in accordance with the standards set forth in such general law. Such general law shall further define enterprise zones so as to limit such tax exemptions, credits, or reductions to persons and geographic areas which are determined to be underdeveloped as evidenced by the unemployment rate and the average personal income in the area when compared to the remainder of the state. The General Assembly may by general law further define areas qualified for creation of enterprise zones and may provide for all matters relative to the creation, approval, and termination of such zones.
(d) The existence in a community of real property which is maintained in a blighted condition increases the burdens of state and local government by increasing the need for governmental services, including but not limited to social services, public safety services, and code enforcement services. Rehabilitation of blighted property decreases the need for such governmental services. In recognition of such service needs and in order to encourage community redevelopment, the counties and municipalities of this state are authorized to establish community redevelopment tax incentive programs as authorized in this subparagraph. A community redevelopment tax incentive program shall be established by ordinance of the county or municipality. Any such program and ordinance shall include the following elements:
(2) The ordinance shall establish a procedure for the official identification of real property in the county or municipality which is maintained in a blighted condition. Such procedure shall include notice to the property owner and the opportunity for a hearing with respect to such determination.
(3) The ordinance shall specify an increased rate of ad valorem taxation to be applied to property which has been officially identified as maintained in a blighted condition. Such increase in the rate of taxation shall be accomplished through application of a factor to the millage rate applied to the property, so that such property shall be taxed at a higher millage rate than the millage rate generally applied in the county or municipality, or otherwise as may be provided by general law.
(4) The ordinance may, but shall not be required to, segregate revenues arising from any increased rate of ad valorem taxation and provide for use of such revenues only for community redevelopment purposes;
(5) The ordinance shall specify ascertainable standards for rehabilitation through remedial actions or redevelopment with which the owner of property may comply in order to have the property removed from identification as maintained in a blighted condition. As used herein, the term “blighted condition” shall include, at a minimum, property that constitutes endangerment to public health or safety;
(6) The ordinance shall specify a decreased rate of ad valorem taxation to be applied for a specified period of time after the county or municipality has accepted a plan submitted by the owner for remedial action or redevelopment of the blighted property and the owner is in compliance with the terms of the plan. Such decrease in the rate of taxation shall be accomplished through application of a factor to the millage rate applied to the property, so that such property shall be taxed at a lower millage rate than the millage rate generally applied in the county or municipality, or otherwise as may be provided by general law.
(7) The ordinance may contain such other matters as are consistent with the intent and provisions of this subparagraph and general law. Variations in rate of taxation as authorized under this subparagraph shall be a permissible variation in the uniformity of taxation otherwise required. The increase or decrease in rate of taxation accomplished through a change in the otherwise applicable millage rate shall affect only the general millage rate for county or municipal maintenance and operations. A county and one or more municipalities in the county may, but shall not be required to, establish a joint community redevelopment tax incentive program through the adoption of concurrent ordinances. No Act of the General Assembly shall be required for counties and municipalities to establish community redevelopment tax incentive programs. However, the General Assembly may by general law regulate, restrict, or limit the powers granted to counties and municipalities under this subparagraph.
ART. IX §2 ¶8 | LIMITATION ON THE TAXING POWER AND CONTRIBUTIONS OF COUNTIES, MUNICIPALITIES, AND POLITICAL SUBDIVISIONS
ART. IX §2 ¶9 | IMMUNITY OF COUNTIES, MUNICIPALITIES, AND SCHOOL DISTRICTS
ART. IX §3 ¶1 | INTERGOVERNMENTAL CONTRACTS
(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.
ART. IX §3 ¶2 | LOCAL GOVERNMENT REORGANIZATION
(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.
ART. IX §4 ¶1 | POWER OF TAXATION
(b) In the absence of a general law:
(2) Municipal governing authorities may be authorized by local law to levy and collect taxes and fees in the corporate limits of the municipalities.
ART. IX §4 ¶2 | POWER OF EXPENDITURE
ART. IX §4 ¶3 | PURPOSES OF TAXATION; ALLOCATION OF TAXES
ART. IX §4 ¶4 | TAX ALLOCATION; REGIONAL FACILITIES
(2) any municipality located in such a contiguous county or the same county; or
(3) any combination thereof.
The authority granted to counties and municipalities under this Paragraph shall be subject to any conditions, limitations, and restrictions which may be imposed by general law.
ART. IX §5 ¶1 | DEBT LIMITATIONS OF COUNTIES, MUNICIPALITIES, AND OTHER POLITICAL SUBDIVISIONS
(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.
ART. IX §5 ¶2 | SPECIAL DISTRICT DEBT
ART. IX §5 ¶3 | REFUNDING OF OUTSTANDING INDEBTEDNESS
ART. IX §5 ¶4 | EXCEPTIONS TO DEBT LIMITATIONS
(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.
ART. IX §5 ¶5 | TEMPORARY LOANS AUTHORIZED
ART. IX §5 ¶6 | LEVY OF TAXES TO PAY BONDS; SINKING FUND REQUIRED
ART. IX §5 ¶7 | VALIDITY OF PRIOR BOND ISSUES
ART. IX §6 ¶1 | REVENUE BONDS; GENERAL LIMITATIONS
ART. IX §6 ¶2 | REVENUE BONDS; SPECIAL LIMITATIONS
ART. IX §6 ¶3 | DEVELOPMENT AUTHORITIES
ART. IX §6 ¶4 | VALIDATION
ART. IX §6 ¶5 | VALIDITY OF PRIOR REVENUE BOND ISSUES
ART. IX §7 ¶1 | CREATION
ART. IX §7 ¶2 | PURPOSES
(2) Parks and recreational areas and facilities.
(3) Storm water and sewage collection and disposal systems.
(4) Development, storage, treatment, purification, and distribution of water.
(5) Public transportation.
(6) Terminal and dock facilities and parking facilities.
(7) Such other services and facilities as may be provided for by general law.
ART. IX §7 ¶3 | ADMINISTRATION
(b) Any law creating or providing for the creation of a community improvement district shall provide that the creation of the community improvement district shall be conditioned upon:
(B) The governing authority of the municipality if the community improvement district is located wholly within the incorporated area of a municipality; or
(C) The governing authorities of the county and the municipality if the community improvement district is located partially within the unincorporated area of a county and partially within the incorporated area of a municipality; and
(B) The owners of real property within the community improvement district which constitutes at least 75 percent by value of all real property within the community improvement district which will be subject to taxes, fees, and assessments levied by the administrative body of the community improvement district; and for this purpose value shall be determined by the most recent approved county ad valorem tax digest.
ART. IX §7 ¶4 | DEBT
ART. IX §7 ¶5 | COOPERATION WITH LOCAL GOVERNMENTS
The provisions of this section shall in no way limit the authority of any county or municipality to provide services or facilities within any community improvement district; and any county or municipality shall retain full and complete authority and control over any of its facilities located within a community improvement district.
Said control shall include but not be limited to the modification of, access to, and degree and type of services provided through or by facilities of the municipality or county. Nothing contained in this Section shall be construed to limit or preempt the application of any governmental laws, ordinances, resolutions, or regulations to any community improvement district or the services or facilities provided therein.
ART. IX §7 ¶6 | REGULATION BY GENERAL LAW
ART. X §1 ¶1 | PROPOSALS TO AMEND THE CONSTITUTION; NEW CONSTITUTION
ART. X §1 ¶2 | PROPOSALS BY THE GENERAL ASSEMBLY; SUBMISSION TO THE PEOPLE
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.
ART. X §1 ¶3 | REPEAL OR AMENDMENT OF PROPOSAL
ART. X §1 ¶4 | CONSTITUTIONAL CONVENTION; HOW CALLED
ART. X §1 ¶5 | VETO NOT PERMITTED
ART. X §1 ¶6 | EFFECTIVE DATE OF AMENDMENTS OR OF A NEW CONSTITUTION
ART. XI §1 ¶1 | CONTINUATION OF OFFICERS, BOARDS, COMMISSIONS, AND AUTHORITIES
(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.
ART. XI §1 ¶2 | PRESERVATION OF EXISTING LAWS; JUDICIAL REVIEW
ART. XI §1 ¶3 | PROCEEDINGS OF COURTS AND ADMINISTRATIVE TRIBUNALS CONFIRMED
ART. XI §1 ¶4 | CONTINUATION OF CERTAIN CONSTITUTIONAL AMENDMENTS FOR A PERIOD OF FOUR YEARS
(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.
(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 (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 or authorized the creation of metropolitan rapid transit authorities, port authorities, and industrial areas and which were continued in force as a part of the Constitution of 1976 pursuant to the provisions of Article XIII, Section I, Paragraph II of the Constitution of 1976 and which are in force on the effective date of this Constitution.
(e) Any person owning property in an industrial area described in subparagraph (d) of this Paragraph may voluntarily remove the property from the industrial area by filing a certificate to that effect with the clerk of the superior court for the county in which the property is located. Once the certificate is filed, the property described in the certificate, together with all public streets and public rights of way within the property, abutting the property, or connecting the property to property outside the industrial area, shall no longer be in the industrial area and shall upon the filing of the certificate be annexed to the city which provides water service to the property, or if no city provides water service shall be annexed to the city providing fire service as provided under the constitutional amendments that created such industrial areas described in subparagraph (d) of this Paragraph. The filing of a certificate shall be irrevocable and shall bind the owners, their heirs, and their assigns. The term “owner” includes anyone with a legal or equitable ownership in property but does not include a beneficiary of any trust or a partner in any partnership owning an interest in the property or anyone owning an easement right in the property.
ART. XI §1 ¶5 | SPECIAL COMMISSION CREATED
ART. XI §1 ¶6 | EFFECTIVE DATE
ART. XI §2 ¶1 | TABLE OF AMENDMENTS
| YEAR | PROPOSED GENERAL | RATIFIED GENERAL | REJECTED GENERAL |
|---|---|---|---|
| 1984 | 11 | 10 | 1 |
| 1986 | 9 | 8 | 1 |
| 1988 | 15 | 6 | 9 |
| 1990 | 9 | 8 | 1 |
| 1992 | 8 | 7 | 1 |
| 1994 | 6 | 5 | 1 |
| 1996 | 5 | 4 | 1 |
| 1998 | 5 | 4 | 1 |
| 2000 | 7 | 6 | 1 |
| 2002 | 6 | 4 | 2 |
| 2004 | 2 | 2 | 0 |
| 2006 | 3 | 3 | 0 |
| 2008 | 3 | 3 | 0 |
| 2010 | 5 | 5 | 0 |
| 2012 | 2 | 2 | 0 |
| 2016 | 4 | 3 | 1 |
| 2018 | 5 | 5 | 0 |
| 2020 | 2 | 2 | 0 |
| 2022 | 2 | 2 | 0 |
| TOTAL | 109 | 89 | 20 |
| Total number of amendments ratified through 2022 | |||
This material might help you recover from the damages that lawbreaking judges/lawyers/agencies/organizations have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).
Perhaps it'll [even] help you navigate through your state's administrative gauntlet. A gauntlet which might include – but not be limited to:
- State Agency Bribery;
- State Agency Corruption;
- State Agency Obstruction; and
- State Agency Self-Discrimination
Sincerely,
www.TextBookDiscrimination.com
