GEORGIA

CONSTITUTION OF THE STATE OF GEORGIA

PREAMBLE

To perpetuate the principles of free government, insure

justice to all, preserve peace, promote the interest and

happiness of the citizen and of the family, and transmit to

posterity the enjoyment of liberty, we the people of Georgia,

relying upon the protection and guidance of Almighty God, do

ordain and establish this Constitution.

ARTICLE I.

BILL OF RIGHTS

SECTION I.

RIGHTS OF PERSONS

Paragraph I. Life, liberty, and property. No person shall be

deprived of life, liberty, or property except by due process of

law.

Paragraph II. Protection to person and property; equal

protection. Protection to person and property is the paramount

duty of government and shall be impartial and complete. No

person shall be denied the equal protection of the laws.

Paragraph III. Freedom of conscience. Each person has the

natural and inalienable right to worship God, each according to

the dictates of that person's own conscience; and no human

authority should, in any case, control or interfere with such

right of conscience.

Paragraph IV. Religious opinions; freedom of religion. No

inhabitant of this state shall be molested in person or property

or be prohibited from holding any public office or trust on

account of religious opinions; but the right of freedom of

religion shall not be so construed as to excuse acts of

licentiousness or justify practices inconsistent with the peace

and safety of the state.

Paragraph V. Freedom of speech and of the press guaranteed. No

law shall be passed to curtail or restrain the freedom of speech

or of the press. Every person may speak, write, and publish

sentiments on all subjects but shall be responsible for the

abuse of that liberty.

Paragraph VI. Libel. In all civil or criminal actions for

libel, the truth may be given in evidence; and, if it shall

appear to the trier of fact that the matter charged as libelous

is true, the party shall be discharged.

Paragraph VII. Citizens, protection of. All citizens of the

United States, resident in this state, are hereby declared

citizens of this state; and it shall be the duty of the General

Assembly to enact such laws as will protect them in the full

enjoyment of the rights, privileges, and immunities due to such

citizenship.

Paragraph VIII. Arms, right to keep and bear. The right of the

people to keep and bear arms shall not be infringed, but the.General Assembly shall have power to prescribe the manner in

which arms may be borne.

Paragraph IX. Right to assemble and petition. The people have

the right to assemble peaceably for their common good and to

apply by petition or remonstrance to those vested with the

powers of government for redress of grievances.

Paragraph X. Bill of attainder; ex post facto laws; and

retroactive laws. No bill of attainder, ex post facto law,

retroactive law, or laws impairing the obligation of contract or

making irrevocable grant of special privileges or immunities

shall be passed.

Paragraph XI. Right to trial by jury; number of jurors;

selection and compensation of jurors. (a) The right to trial by

jury shall remain inviolate, except that the court shall render

judgment without the verdict of a jury in all civil cases where

no issuable defense is filed and where a jury is not demanded in

writing by either party. In criminal cases, the defendant shall

have a public and speedy trial by an impartial jury; and the

jury shall be the judges of the law and the facts.

(b) A trial jury shall consist of 12 persons; but the General

Assembly may prescribe any number, not less than six, to

constitute a trial jury in courts of limited jurisdiction and in

superior courts in misdemeanor cases.

(c) The General Assembly shall provide by law for the

selection and compensation of persons to serve as grand jurors

and trial jurors.

Paragraph XII. Right to the courts. No person shall be

deprived of the right to prosecute or defend, either in person

or by an attorney, that person's own cause in any of the courts

of this state.

Paragraph XIII. Searches, seizures, and warrants. The right of

the people to be secure in their persons, houses, papers, and

effects against unreasonable searches and seizures shall not be

violated; and no warrant shall issue except upon probable cause

supported by oath or affirmation particularly describing the

place or places to be searched and the persons or things to be

seized.

Paragraph XIV. Benefit of counsel; accusation; list of

witnesses; compulsory process. Every person charged with an

offense against the laws of this state shall have the privilege

and benefit of counsel; shall be furnished with a copy of the

accusation or indictment and, on demand, with a list of the

witnesses on whose testimony such charge is founded; shall have

compulsory process to obtain the testimony of that person's own

witnesses; and shall be confronted with the witnesses testifying

against such person.

Paragraph XV. Habeas corpus. The writ of habeas corpus shall

not be suspended unless, in case of rebellion or invasion, the

public safety may require it.

Paragraph XVI. Self-incrimination. No person shall be

compelled to give testimony tending in any manner to be

self-incriminating..Paragraph XVII. Bail; fines; punishment; arrest, abuse of

prisoners. Excessive bail shall not be required, nor excessive

fines imposed, nor cruel and unusual punishments inflicted; nor

shall any person be abused in being arrested, while under

arrest, or in prison.

Paragraph XVIII. Jeopardy of life or liberty more than once

forbidden. No person shall be put in jeopardy of life or liberty

more than once for the same offense except when a new trial has

been granted after conviction or in case of mistrial.

Paragraph XIX. Treason. Treason against the State of Georgia

shall consist of insurrection against the state, adhering to the

state's enemies, or giving them aid and comfort. No person

shall be convicted of treason except on the testimony of two

witnesses to the same overt act or confession in open court.

Paragraph XX. Conviction, effect of. No conviction shall work

corruption of blood or forfeiture of estate.

Paragraph XXI. Banishment and whipping as punishment for

crime. Neither banishment beyond the limits of the state nor

whipping shall be allowed as a punishment for crime.

Paragraph XXII. Involuntary servitude. There shall be no

involuntary servitude within the State of Georgia except as a

punishment for crime after legal conviction thereof or for

contempt of court.

Paragraph XXIII. Imprisonment for debt. There shall be no

imprisonment for debt.

Paragraph XXIV. Costs. No person shall be compelled to pay

costs in any criminal case except after conviction on final

trial.

Paragraph XXV. Status of the citizen. The social status of a

citizen shall never be the subject of legislation.

Paragraph XXVI. Exemptions from levy and sale. The General

Assembly shall protect by law from levy and sale by virtue of

any process under the laws of this state a portion of the

property of each person in an amount of not less than $1,600.00

and shall have authority to define to whom any such additional

exemptions shall be allowed; to specify the amount of such

exemptions; to provide for the manner of exempting such property

and for the sale, alienation, and encumbrance thereof; and to

provide for the waiver of said exemptions by the debtor.

Paragraph XXVII. Spouse's separate property. The separate

property of each spouse shall remain the separate property of

that spouse except as otherwise provided by law.

Paragraph XXVIII. Enumeration of rights not denial of others.

The enumeration of rights herein contained as a part of this

Constitution shall not be construed to deny to the people any

inherent rights which they may have hitherto enjoyed.

SECTION II.

ORIGIN AND STRUCTURE OF GOVERNMENT.Paragraph I. Origin and foundation of government. All

government, of right, originates with the people, is founded

upon their will only, and is instituted solely for the good of

the whole. Public officers are the trustees and servants of the

people and are at all times amenable to them.

Paragraph II. Object of government. The people of this state

have the inherent right of regulating their internal government.

Government is instituted for the protection, security, and

benefit of the people; and at all times they have the right to

alter or reform the same whenever the public good may require

it.

Paragraph III. Separation of legislative, judicial, and

executive powers. The legislative, judicial, and executive

powers shall forever remain separate and distinct; and no person

discharging the duties of one shall at the same time exercise

the functions of either of the others except as herein provided.

Paragraph IV. Contempts. The power of the courts to punish for

contempt shall be limited by legislative acts.

Paragraph V. What acts void. Legislative acts in violation of

this Constitution or the Constitution of the United States are

void, and the judiciary shall so declare them.

Paragraph VI. Superiority of civil authority. The civil

authority shall be superior to the military.

Paragraph VII. Separation of church and state. No money shall

ever be taken from the public treasury, directly or indirectly,

in aid of any church, sect, cult, or religious denomination or

of any sectarian institution.

Paragraph VIII. Lotteries and nonprofit bingo games. (a)

Except as herein specifically provided in this Paragraph VIII,

all lotteries, and the sale of lottery tickets, and all forms of

pari-mutuel betting and casino gambling are hereby prohibited;

and this prohibition shall be enforced by penal laws.

(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:

(1) Tuition grants, scholarships, or loans to citizens of

this state to enable such citizens to attend colleges and

universities located within this state, regardless of whether

such colleges or universities are operated by the board of

regents, or to attend institutions operated under the

authority of the Department of Technical and Adult Education;

(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.

(d) On and after January 1, 1995, the holding of raffles by

nonprofit organizations shall be lawful and shall not be

prohibited by any law enacted prior to January 1, 1994. Laws

enacted on or after January 1, 1994, however, may restrict,

regulate, or prohibit the operation of such raffles.

Paragraph IX. Sovereign immunity and waiver thereof; claims

against the state and its departments, agencies, officers, and

employees. (a) The General Assembly may waive the state's

sovereign immunity from suit by enacting a State Tort Claims

Act, in which the General Assembly may provide by law for

procedures for the making, handling, and disposition of actions

or claims against the state and its departments, agencies,.officers, and employees, upon such terms and subject to such

conditions and limitations as the General Assembly may provide.

(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.

SECTION III.

GENERAL PROVISIONS

Paragraph I. Eminent domain. (a) Except as otherwise provided

in this Paragraph, private property shall not be taken or

damaged for public purposes without just and adequate

compensation being first paid.

(b) When private property is taken or damaged by the state or

the counties or municipalities of the state for public road or

street purposes, or for public transportation purposes, or for

any other public purposes as determined by the General Assembly,

just and adequate compensation therefor need not be paid until

the same has been finally fixed and determined as provided by

law; but such just and adequate compensation shall then be paid

in preference to all other obligations except bonded

indebtedness.

(c) The General Assembly may by law require the condemnor to

make prepayment against adequate compensation as a condition

precedent to the exercise of the right of eminent domain and

provide for the disbursement of the same to the end that the.rights and equities of the property owner, lien holders, and the

state and its subdivisions may be protected.

(d) The General Assembly may provide by law for the payment by

the condemnor of reasonable expenses, including attorney's fees,

incurred by the condemnee in determining just and adequate

compensation.

(e) Notwithstanding any other provision of the Constitution,

the General Assembly may provide by law for relocation

assistance and payments to persons displaced through the

exercise of the power of eminent domain or because of public

projects or programs; and the powers of taxation may be

exercised and public funds expended in furtherance thereof.

Paragraph II. Private ways. In case of necessity, private ways

may be granted upon just and adequate compensation being first

paid by the applicant.

Paragraph III. Tidewater titles confirmed. The Act of the

General Assembly approved December 16, 1902, which extends the

title of ownership of lands abutting on tidal water to low water

mark, is hereby ratified and confirmed..ARTICLE II.

VOTING AND ELECTIONS

SECTION I.

METHOD OF VOTING; RIGHT TO REGISTER AND VOTE

Paragraph I. Method of voting. Elections by the people shall

be by secret ballot and shall be conducted in accordance with

procedures provided by law.

Paragraph II. Right to register and vote. Every person who is

a citizen of the United States and a resident of Georgia as

defined by law, who is at least 18 years of age and not

disenfranchised by this article, and who meets minimum residency

requirements as provided by law shall be entitled to vote at any

election by the people. The General Assembly shall provide by

law for the registration of electors.

Paragraph III. Exceptions to right to register and vote. (a)

No person who has been convicted of a felony involving moral

turpitude may register, remain registered, or vote except upon

completion of the sentence.

(b) No person who has been judicially determined to be

mentally incompetent may register, remain registered, or vote

unless the disability has been removed.

SECTION II.

GENERAL PROVISIONS

Paragraph I. Procedures to be provided by law. The General

Assembly shall provide by law for a method of appeal from the

decision to allow or refuse to allow any person to register or

vote and shall provide by law for a procedure whereby returns of

all elections by the people shall be made to the Secretary of

State.

Paragraph II. Run-off election. A run-off election shall be a

continuation of the general election and only persons who were

entitled to vote in the general election shall be entitled to

vote therein; and only those votes cast for the persons

designated for the runoff shall be counted in the tabulation and

canvass of the votes cast.

Paragraph III. Persons not eligible to hold office. No person

who is not a registered voter or who has been convicted of a

felony involving moral turpitude, unless that person's civil

rights have been restored and at least ten years have elapsed

from the date of the completion of the sentence without a

subsequent conviction of another felony involving moral

turpitude, or who is the holder of public funds illegally shall

be eligible to hold any office or appointment of honor or trust

in this state. Additional conditions of eligibility to hold

office for persons elected on a write-in vote and for persons

holding offices or appointments of honor or trust other than

elected offices created by this Constitution may be provided by

law.

Paragraph IV. Recall of public officials holding elective

office. The General Assembly is hereby authorized to provide by.general law for the recall of public officials who hold elective

office. The procedures, grounds, and all other matters relative

to such recall shall be provided for in such law.

Paragraph V. Vacancies created by elected officials qualifying

for other office. The office of any state, county, or municipal

elected official shall be declared vacant upon such elected

official qualifying, in a general primary or general election,

or special primary or special election, for another state,

county, or municipal elective office or qualifying for the House

of Representatives or the Senate of the United States if the

term of the office for which such official is qualifying for

begins more than 30 days prior to the expiration of such

official's present term of office. The vacancy created in any

such office shall be filled as provided by this Constitution or

any general or local law. This provision shall not apply to any

elected official seeking or holding more than one elective

office when the holding of such offices simultaneously is

specifically authorized by law.

SECTION III.

SUSPENSION AND REMOVAL OF PUBLIC OFFICIALS

Paragraph I. Procedures for and effect of suspending or

removing public officials upon felony indictment. (a) As used in

this Paragraph, the term "public official" means the Governor,

the Lieutenant Governor, the Secretary of State, the Attorney

General, the State School Superintendent, the Commissioner of

Insurance, the Commissioner of Agriculture, the Commissioner of

Labor, and any member of the General Assembly.

(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 and until initial conviction by

the trial court, the officer shall continue to receive the

compensation from his office. After initial conviction by the

trial court, the officer shall not be entitled to receive the

compensation from his office. If the officer is reinstated to

office, he 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 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 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 is not so tried based on a continuance

granted upon a motion made only by the defendant.

Paragraph II. Suspension upon felony conviction. Upon initial

conviction of any public official designated in Paragraph I of

this section for any felony in a trial court of this state or

the United States, regardless of whether the officer has been

suspended previously under Paragraph I of this section, such

public official shall be immediately and without further action

suspended from office. While a public official is suspended

from office under this Paragraph, he or she shall not be

entitled to receive the compensation from his or her office.

If, during the remainder of the elected official's term of

office, the conviction is later overturned as a result of any

direct appeal or application for a writ of certiorari, the

public official shall be immediately reinstated to the office

from which he or she was suspended and shall be entitled to

receive any compensation withheld under the provisions of this

Paragraph. Unless the Governor is the public official under

suspension, for the duration of any suspension under this

Paragraph, the Governor shall appoint a replacement official

except in the case of a member of the General Assembly. If the

public officer under suspension is a member of the Senate or

House of Representatives, then a replacement member for the

duration of the suspension shall be elected as now or hereafter

provided by law, in a manner the same as or similar to the

election of a member to fill a vacancy in the General Assembly

but to serve only for the duration of the suspension. 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. The provisions of this Paragraph shall not

apply to any conviction rendered prior to January 1, 1987..ARTICLE III.

LEGISLATIVE BRANCH

SECTION I.

LEGISLATIVE POWER

Paragraph I. Power vested in General Assembly. The legislative

power of the state shall be vested in a General Assembly which

shall consist of a Senate and a House of Representatives.

SECTION II.

COMPOSITION OF GENERAL ASSEMBLY

Paragraph I. Senate and House of Representatives. (a) The

Senate shall consist of not more than 56 Senators, each of whom

shall be elected from single-member districts.

(b) The House of Representatives shall consist of not fewer

than 180 Representatives apportioned among representative

districts of the state.

Paragraph II. Apportionment of General Assembly. The General

Assembly shall apportion the Senate and House districts. Such

districts shall be composed of contiguous territory. The

apportionment of the Senate and of the House of Representatives

shall be changed by the General Assembly as necessary after each

United States decennial census.

Paragraph III. Qualifications of members of General Assembly.

(a) At the time of their election, the members of the Senate

shall be citizens of the United States, shall be at least 25

years of age, shall have been citizens of this state for at

least two years, and shall have been legal residents of the

territory embraced within the district from which elected for at

least one year.

(b) At the time of their election, the members of the House of

Representatives shall be citizens of the United States, shall be

at least 21 years of age, shall have been citizens of this state

for at least two years, and shall have been legal residents of

the territory embraced within the district from which elected

for at least one year.

Paragraph IV. Disqualifications. (a) No person on active duty

with any branch of the armed forces of the United States shall

have a seat in either house unless otherwise provided by law.

(b) No person holding any civil appointment or office having

any emolument annexed thereto under the United States, this

state, or any other state shall have a seat in either house.

(c) No Senator or Representative shall be elected by the

General Assembly or appointed by the Governor to any office or

appointment having any emolument annexed thereto during the time

for which such person shall have been elected unless the Senator

or Representative shall first resign the seat to which elected;

provided, however, that, during the term for which elected, no

Senator or Representative shall be appointed to any civil office

which has been created during such term..Paragraph V. Election and term of members. (a) The members of

the General Assembly shall be elected by the qualified electors

of their respective districts for a term of two years and shall

serve until the time fixed for the convening of the next General

Assembly.

(b) The members of the General Assembly in office on June 30,

1983, shall serve out the remainder of the terms to which

elected.

(c) The first election for members of the General Assembly

under this Constitution shall take place on Tuesday after the

first Monday in November, 1984, and subsequent elections

biennially on that day until the day of election is changed by

law.

SECTION III.

OFFICERS OF THE GENERAL ASSEMBLY

Paragraph I. President and President Pro Tempore of the

Senate. (a) The presiding officer of the Senate shall be styled

the President of the Senate.

(b) A President Pro Tempore shall be elected by the Senate

from among its members. The President Pro Tempore shall act as

President in case of the temporary disability of the President.

In case of the death, resignation, or permanent disability of

the President or in the event of the succession of the President

to the executive power, the President Pro Tempore shall become

President and shall receive the same compensation and allowances

as the Speaker of the House of Representatives. The General

Assembly shall provide by law for the method of determining

disability as provided in this Paragraph.

Paragraph II. Speaker and Speaker Pro Tempore of the House of

Representatives. (a) The presiding officer of the House of

Representatives shall be styled the Speaker of the House of

Representatives and shall be elected by the House of

Representatives from among its members.

(b) A Speaker Pro Tempore shall be elected by the House of

Representatives from among its members. The Speaker Pro Tempore

shall become Speaker in case of the death, resignation, or

permanent disability of the Speaker and shall serve until a

Speaker is elected. Such election shall be held as provided in

the rules of the House. The General Assembly shall provide by

law for the method of determining disability as provided in this

Paragraph.

Paragraph III. Other officers of the two houses. The other

officers of the two houses shall be a Secretary of the Senate

and a Clerk of the House of Representatives.

SECTION IV.

ORGANIZATION AND PROCEDURE OF THE GENERAL ASSEMBLY

Paragraph I. Meeting, time limit, and adjournment. (a) The

Senate and House of Representatives shall organize each

odd-numbered year and shall be a different General Assembly for.each two-year period. The General Assembly shall meet in

regular session on the second Monday in January of each year, or

otherwise as provided by law, and may continue in session for a

period of no longer than 40 days in the aggregate each year. By

concurrent resolution, the General Assembly may adjourn any

regular session to such later date as it may fix for

reconvening. Separate periods of adjournment may be fixed by

one or more such concurrent resolutions.

(b) Neither house shall adjourn during a regular session for

more than three days or meet in any place other than the state

capitol without the consent of the other. Following the fifth

day of a special session, either house may adjourn not more than

twice for a period not to exceed seven days for each such

adjournment. In the event either house, after the thirtieth day

of any session, adopts a resolution to adjourn for a specified

period of time and such resolution and any amendments thereto

are not adopted by both houses by the end of the legislative day

on which adjournment was called for in such resolution, the

Governor may adjourn both houses for a period of time not to

exceed ten days.

(c) If an impeachment trial is pending at the end of any

session, the House shall adjourn and the Senate shall remain in

session until such trial is completed.

Paragraph II. Oath of members. Each Senator and

Representative, before taking the seat to which elected, shall

take the oath or affirmation prescribed by law.

Paragraph III. Quorum. A majority of the members to which each

house is entitled shall constitute a quorum to transact

business. A smaller number may adjourn from day to day and

compel the presence of its absent members.

Paragraph IV. Rules of procedure; employees; interim

committees. Each house shall determine its rules of procedure

and may provide for its employees. Interim committees may be

created by or pursuant to the authority of the General Assembly

or of either house.

Paragraph V. Vacancies. When a vacancy occurs in the General

Assembly, it shall be filled as provided by this Constitution

and by law. The seat of a member of either house shall be

vacant upon the removal of such member's legal residence from

the district from which elected.

Paragraph VI. Salaries. The members of the General Assembly

shall receive such salary as shall be provided for by law,

provided that no increase in salary shall become effective prior

to the end of the term during which such change is made.

Paragraph VII. Election and returns; disorderly conduct. Each

house shall be the judge of the election, returns, and

qualifications of its members and shall have power to punish

them for disorderly behavior or misconduct by censure, fine,

imprisonment, or expulsion; but no member shall be expelled

except by a vote of two-thirds of the members of the house to

which such member belongs.

Paragraph VIII. Contempts, how punished. Each house may punish

by imprisonment, not extending beyond the session, any person

not a member who shall be guilty of a contempt by any disorderly.behavior in its presence or who shall rescue or attempt to

rescue any person arrested by order of either house.

Paragraph IX. Privilege of members. The members of both houses

shall be free from arrest during sessions of the General

Assembly, or committee meetings thereof, and in going thereto or

returning therefrom, except for treason, felony, or breach of

the peace. No member shall be liable to answer in any other

place for anything spoken in either house or in any committee

meeting of either house.

Paragraph X. Elections by either house. All elections by

either house of the General Assembly shall be by recorded vote,

and the vote shall appear on the respective journal of each

house.

Paragraph XI. Open meetings. The sessions of the General

Assembly and all standing committee meetings thereof shall be

open to the public. Either house may by rule provide for

exceptions to this requirement.

SECTION V.

ENACTMENT OF LAWS

Paragraph I. Journals and laws. Each house shall keep and

publish after its adjournment a journal of its proceedings. The

original journals shall be the sole, official records of the

proceedings of each house and shall be preserved as provided by

law. The General Assembly shall provide for the publication of

the laws passed at each session.

Paragraph II. Bills for revenue. All bills for raising

revenue, or appropriating money, shall originate in the House of

Representatives.

Paragraph III. One subject matter expressed. No bill shall

pass which refers to more than one subject matter or contains

matter different from what is expressed in the title thereof.

Paragraph IV. Statutes and sections of Code, how amended. No

law or section of the Code shall be amended or repealed by mere

reference to its title or to the number of the section of the

Code; but the amending or repealing Act shall distinctly

describe the law or Code section to be amended or repealed as

well as the alteration to be made.

Paragraph V. Majority of members to pass bill. No bill shall

become law unless it shall receive a majority of the votes of

all the members to which each house is entitled, and such vote

shall so appear on the journal of each house.

Paragraph VI. When roll-call vote taken. In either house, when

ordered by the presiding officer or at the desire of one-fifth

of the members present or a lesser number if so provided by the

rules of either house, a roll-call vote on any question shall be

taken and shall be entered on the journal. The yeas and nays in

each house shall be recorded and entered on the journal upon the

passage or rejection of any bill or resolution appropriating

money and whenever the Constitution requires a vote of

two-thirds of either or both houses for the passage of a bill or

resolution..Paragraph VII. Reading of general bills. The title of every

general bill and of every resolution intended to have the effect

of general law or to amend this Constitution or to propose a new

Constitution shall be read three times and on three separate

days in each house before such bill or resolution shall be voted

upon; and the third reading of such bill and resolution shall be

in their entirety when ordered by the presiding officer or by a

majority of the members voting on such question in either house.

Paragraph VIII. Procedure for considering local legislation.

The General Assembly may provide by law for the procedure for

considering local legislation. The title of every local bill

and every resolution intended to have the effect of local law

shall be read at least once before such bill or resolution shall

be voted upon; and no such bill or resolution shall be voted

upon prior to the second day following the day of introduction.

Paragraph IX. Advertisement of notice to introduce local

legislation. The General Assembly shall provide by law for the

advertisement of notice of intention to introduce local bills.

Paragraph X. Acts signed. All Acts shall be signed by the

President of the Senate and the Speaker of the House of

Representatives.

Paragraph XI. Signature of Governor. No provision in this

Constitution for a two-thirds' vote of both houses of the

General Assembly shall be construed to waive the necessity for

the signature of the Governor as in any other case, except in

the case of the two-thirds' vote required to override the veto

or to submit proposed constitutional amendments or a proposal

for a new Constitution.

Paragraph XII. Rejected bills. No bill or resolution intended

to have the effect of law which shall have been rejected by

either house shall again be proposed during the same regular or

special session under the same or any other title without the

consent of two-thirds of the house by which the same was

rejected.

Paragraph XIII. Approval, veto, and override of veto of bills

and resolutions. (a) All bills and all resolutions which have

been passed by the General Assembly intended to have the effect

of law shall become law if the Governor approves or fails to

veto the same within six days from the date any such bill or

resolution is transmitted to the Governor unless the General

Assembly adjourns sine die or adjourns for more than 40 days

prior to the expiration of said six days. In the case of such

adjournment sine die or of such adjournment for more than 40

days, the same shall become law if approved or not vetoed by the

Governor within 40 days from the date of any such adjournment.

(b) During sessions of the General Assembly or during any

period of adjournment of a session of the General Assembly, no

bill or resolution shall be transmitted to the Governor after

passage except upon request of the Governor or upon order of

two-thirds of the membership of each house. A local bill which

is required by the Constitution to have a referendum election

conducted before it shall become effective shall be transmitted

immediately to the Governor when ordered by the presiding

officer of the house wherein the bill shall have originated or

upon order of two-thirds of the membership of such house..(c) The Governor shall have the duty to transmit any vetoed

bill or resolution, together with the reasons for such veto, to

the presiding officer of the house wherein it originated within

three days from the date of veto if the General Assembly is in

session on the date of transmission. If the General Assembly

adjourns sine die or adjourns for more than 40 days, the

Governor shall transmit any vetoed bill or resolution, together

with the reasons for such veto, to the presiding officer of the

house wherein it originated within 60 days of the date of such

adjournment.

(d) During sessions of the General Assembly, any vetoed bill

or resolution may upon receipt be immediately considered by the

house wherein it originated for the purpose of overriding the

veto. If 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.

Paragraph XIV. Jointly sponsored bills and resolutions. The

General Assembly may provide by law for the joint sponsorship of

bills and resolutions.

SECTION VI.

EXERCISE OF POWERS

Paragraph I. General powers. The General Assembly shall have

the power to make all laws not inconsistent with this

Constitution, and not repugnant to the Constitution of the

United States, which it shall deem necessary and proper for the

welfare of the state.

Paragraph II. Specific powers. (a) Without limitation of the

powers granted under Paragraph I, the General Assembly shall

have the power to provide by law for:

(1) Restrictions upon land use in order to protect and

preserve the natural resources, environment, and vital areas

of this state.

(2) A militia and for the trial by courts-martial and

nonjudicial punishment of its members, the discipline of whom,

when not in federal service, shall be in accordance with law

and the directives of the Governor acting as commander in

chief..(3) The participation by the state and political

subdivisions and instrumentalities of the state in federal

programs and the compliance with laws relating thereto,

including but not limited to the powers, which may be

exercised to the extent and in the manner necessary to effect

such participation and compliance, to tax, to expend public

money, to condemn property, and to zone property.

(4) The continuity of state and local governments in

periods of emergency resulting from disasters caused by enemy

attack including but not limited to the suspension of all

constitutional legislative rules during such emergency.

(5) The participation by the state with any county,

municipality, nonprofit organization, or any combination

thereof in the operation of any of the facilities operated by

such agencies for the purpose of encouraging and promoting

tourism in this state.

(6) The control and regulation of outdoor advertising

devices adjacent to federal aid interstate and primary

highways and for the acquisition of property or interest

therein for such purposes and may exercise the powers of

taxation and provide for the expenditure of public funds in

connection therewith.

(b) The General Assembly shall have the power to implement the

provisions of Article I, Section III, Paragraph I(2.); Article

IV, Section VIII, Paragraph II; Article IV, Section VIII,

Paragraph III; and Article X, Section II, Paragraph XII of the

Constitution of 1976 in force and effect on June 30, 1983; and

all laws heretofore adopted thereunder and valid at the time of

their enactment shall continue in force and effect until

modified or repealed.

(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.

Paragraph III. Powers not to be abridged. The General Assembly

shall not abridge its powers under this Constitution. No law

enacted by the General Assembly shall be construed to limit its

powers.

Paragraph IV. Limitations on special legislation. (a) Laws of

a general nature shall have uniform operation throughout this

state and no local or special law shall be enacted in any case

for which provision has been made by an existing general law,

except that the General Assembly may by general law authorize.local governments by local ordinance or resolution to exercise

police powers which do not conflict with general laws.

(b) No population bill, as the General Assembly shall define

by general law, shall be passed. No bill using classification

by population as a means of determining the applicability of any

bill or law to any political subdivision or group of political

subdivisions may expressly or impliedly amend, modify,

supersede, or repeal the general law defining a population bill.

(c) No special law relating to the rights or status of private

persons shall be enacted.

Paragraph V. Specific limitations. (a) The General Assembly

shall not have the power to grant incorporation to private

persons but shall provide by general law the manner in which

private corporate powers and privileges may be granted.

(b) The General Assembly shall not forgive the forfeiture of

the charter of any corporation existing on August 13, 1945, nor

shall it grant any benefit to or permit any amendment to the

charter of any corporation except upon the condition that the

acceptance thereof shall operate as a novation of the charter

and that such corporation shall thereafter hold its charter

subject to the provisions of this Constitution.

(c) The General Assembly shall not have the power to authorize

any contract or agreement which may have the effect of or which

is intended to have the effect of defeating or lessening

competition, or encouraging a monopoly, which are hereby

declared to be unlawful and void.

(d) The General Assembly shall not have the power to regulate

or fix charges of public utilities owned or operated by any

county or municipality of this state, except as authorized by

this Constitution.

(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.

Paragraph VI. Gratuities. (a) Except as otherwise provided in

the Constitution, (1) the General Assembly shall not have the

power to grant any donation or gratuity or to forgive any debt

or obligation owing to the public, and (2) the General Assembly

shall not grant or authorize extra compensation to any public

officer, agent, or contractor after the service has been

rendered or the contract entered into.

(b) All laws heretofore adopted under Article III, Section

VIII, Paragraph XII of the Constitution of 1976 in force and

effect on June 30, 1983, shall continue in force and effect and

may be amended if such amendments are consistent with the

authority granted to the General Assembly by such provisions of

said Constitution..(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)(1) The General Assembly may provide by law for a program

of indemnification with respect to the death or permanent

disability of any law enforcement officer, fireman, prison

guard, or publicly employed emergency medical technician 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.

(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.

(f) The General Assembly is authorized to provide by law for

compensating innocent victims of crimes which occur on and after

July 1, 1989. The General Assembly is authorized to define the

types of victims eligible to receive compensation and to vary

the amounts of compensation according to need. The General

Assembly shall be authorized to allocate certain funds, to

appropriate funds, to provide for a continuing fund, or to

provide for any combination thereof for the purpose of

compensating innocent victims of crime and for the

administration of any laws enacted for such purpose..(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.

Paragraph VII. Regulation of alcoholic beverages. The State of

Georgia shall have full and complete authority to regulate

alcoholic beverages and to regulate, restrict, or prohibit

activities involving alcoholic beverages. This regulatory

authority of the state shall include all such regulatory

authority as is permitted to the states under the Twenty-First

Amendment to the United States Constitution. This regulatory

authority of the state is specifically delegated to the counties

and municipalities of the state for the purpose of regulating,

restricting, or prohibiting the exhibition of nudity, partial

nudity, or depictions of nudity in connection with the sale or

consumption of alcoholic beverages; and such delegated

regulatory authority may be exercised by the adoption and

enforcement of regulatory ordinances by the counties and

municipalities of this state. A general law exercising such

regulatory authority shall control over conflicting provisions

of any local ordinance but shall not preempt any local ordinance

provisions not in direct conflict with general law.

SECTION VII.

IMPEACHMENTS

Paragraph I. Power to impeach. The House of Representatives

shall have the sole power to vote impeachment charges against

any executive or judicial officer of this state or any member of

the General Assembly.

Paragraph II. Trial of impeachments. The Senate shall have the

sole power to try impeachments. When sitting for that purpose,

the Senators shall be on oath, or affirmation, and shall be

presided over by the Chief Justice of the Supreme Court. Should

the Chief Justice be disqualified, then the Presiding Justice

shall preside. Should the Presiding Justice be disqualified,

then the Senate shall select a Justice of the Supreme Court to

preside. No person shall be convicted without concurrence of

two-thirds of the members to which the Senate is entitled.

Paragraph III. Judgments in impeachment. In cases of

impeachment, judgments shall not extend further than removal

from office and disqualification to hold and enjoy any office of

honor, trust, or profit within this state or to receive a

pension therefrom, but no such judgment shall relieve any party

from any criminal or civil liability..SECTION VIII.

INSURANCE REGULATION

Paragraph I. Regulation of insurance. Provision shall be made

by law for the regulation of insurance.

Paragraph II. Issuance of licenses. Insurance licenses shall

be issued by the Commissioner of Insurance as required by law.

SECTION IX.

APPROPRIATIONS

Paragraph I. Public money, how drawn. No money shall be drawn

from the treasury except by appropriation made by law.

Paragraph II. Preparation, submission, and enactments of

general appropriations bill. (a) The Governor shall submit to

the General Assembly within five days after its convening in

regular session each year a budget message and a budget report,

accompanied by a draft of a general appropriations bill, in such

form and manner as may be prescribed by statute, which shall

provide for the appropriation of the funds necessary to operate

all the various departments and agencies and to meet the current

expenses of the state for the next fiscal year.

(b) The General Assembly shall annually appropriate those

state and federal funds necessary to operate all the various

departments and agencies. To the extent that federal funds

received by the state for any program, project, activity,

purpose, or expenditure are changed by federal authority or

exceed the amount or amounts appropriated in the general

appropriations Act or supplementary appropriation Act or Acts,

or are not anticipated, such excess, changed or unanticipated

federal funds are hereby continually appropriated for the

purposes authorized and directed by the federal government in

making the grant. In those instances where the conditions under

which the federal funds have been made available do not provide

otherwise, federal funds shall first be used to replace state

funds that were appropriated to supplant federal funds in the

same state fiscal year. The fiscal year of the state shall

commence on the first day of July of each year and terminate on

the thirtieth of June following.

(c) The General Assembly shall by general law provide for the

regulation and management of the finance and fiscal

administration of the state.

Paragraph III. General appropriations bill. The general

appropriations bill shall embrace nothing except appropriations

fixed by previous laws; the ordinary expenses of the executive,

legislative, and judicial departments of the government; payment

of the public debt and interest thereon; and for support of the

public institutions and educational interests of the state. All

other appropriations shall be made by separate bills, each

embracing but one subject.

Paragraph IV. General appropriations Act. (a) Each general

appropriations Act, now of force or hereafter adopted with such

amendments as are adopted from time to time, shall continue in.force and effect for the next fiscal year after adoption and it

shall then expire, except for the mandatory appropriations

required by this Constitution and those required to meet

contractual obligations authorized by this Constitution and the

continued appropriation of federal grants.

(b) The General Assembly shall not appropriate funds for any

given fiscal year which, in aggregate, exceed a sum equal to the

amount of unappropriated surplus expected to have accrued in the

state treasury at the beginning of the fiscal year together with

an amount not greater than the total treasury receipts from

existing revenue sources anticipated to be collected in the

fiscal year, less refunds, as estimated in the budget report and

amendments thereto. Supplementary appropriations, if any, shall

be made in the manner provided in Paragraph 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.

Paragraph V. Other or supplementary appropriations. In

addition to the appropriations made by the general

appropriations Act and amendments thereto, the General Assembly

may make additional appropriations by Acts, which shall be known

as supplementary appropriation Acts, provided no such

supplementary appropriation shall be available unless there is

an unappropriated surplus in the state treasury or the revenue

necessary to pay such appropriation shall have been provided by

a tax laid for such purpose and collected into the general fund

of the state treasury. Neither house shall pass a supplementary

appropriation bill until the general appropriations Act shall

have been finally adopted by both houses and approved by the

Governor.

Paragraph VI. Appropriations to be for specific sums. (a)

Except as hereinafter provided, the appropriation for each

department, officer, bureau, board, commission, agency, or

institution for which appropriation is made shall be for a

specific sum of money; and no appropriation shall allocate to

any object the proceeds of any particular tax or fund or a part

or percentage thereof.

(b) An amount equal to all money derived from motor fuel taxes

received by the state in each of the immediately preceding

fiscal years, less the amount of refunds, rebates, and

collection costs authorized by law, is hereby appropriated for

the fiscal year beginning July 1, of each year following, for

all activities incident to providing and maintaining an adequate

system of public roads and bridges in this state, as authorized.by laws enacted by the General Assembly of Georgia, and for

grants to counties by law authorizing road construction and

maintenance, as provided by law authorizing such grants. Said

sum is hereby appropriated for, and shall be available for, the

aforesaid purposes regardless of whether the General Assembly

enacts a general appropriations Act; and said sum need not be

specifically stated in any general appropriations Act passed by

the General Assembly in order to be available for such purposes.

However, this shall not preclude the General Assembly from

appropriating for such purposes an amount greater than the sum

specified above for such purposes. The expenditure of such

funds shall be subject to all the rules, regulations, and

restrictions imposed on the expenditure of appropriations by

provisions of the Constitution and laws of this state, unless

such provisions are in conflict with the provisions of this

paragraph. And provided, however, that the proceeds of the tax

hereby appropriated shall not be subject to budgetary reduction.

In the event of invasion of this state by land, sea, or air or

in case of a major catastrophe so proclaimed by the Governor,

said funds may be utilized for defense or relief purposes on the

executive order of the Governor.

(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.

(k) 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.

Paragraph VII. Appropriations void, when. Any appropriation

made in conflict with any of the foregoing provisions shall be

void.

SECTION X.

RETIREMENT SYSTEMS

Paragraph I. Expenditure of public funds authorized. Public

funds may be expended for the purpose of paying benefits and

other costs of retirement and pension systems for public

officers and employees and their beneficiaries.

Paragraph II. Increasing benefits authorized. Public funds may

be expended for the purpose of increasing benefits being paid

pursuant to any retirement or pension system wholly or partially

supported from public funds.

Paragraph III. Retirement systems covering employees of county

boards of education. Notwithstanding Article IX, Section II,

Paragraph III(a)(14), the authority to establish or modify

heretofore existing local retirement systems covering employees

of county boards of education shall continue to be vested in the

General Assembly.

Paragraph IV. Firemen's Pension System. The powers of taxation

may be exercised by the state through the General Assembly and

the counties and municipalities for the purpose of paying

pensions and other benefits and costs under a firemen's pension

system or systems. The taxes so levied may be collected by such

firemen's pension system or systems and disbursed therefrom by

authority of the General Assembly for the purposes therein

authorized.

Paragraph V. Funding standards. It shall be the duty of the

General Assembly to enact legislation to define funding

standards which will assure the actuarial soundness of any.retirement or pension system supported wholly or partially from

public funds and to control legislative procedures so that no

bill or resolution creating or amending any such retirement or

pension system shall be passed by the General Assembly without

concurrent provisions for funding in accordance with the defined

funding standards.

Paragraph V-A. Limitation on involuntary separation benefits

for Governor of the State of Georgia. Any other provisions of

this Constitution to the contrary notwithstanding, no past,

present, or future Governor of the State of Georgia who ceases

or ceased to hold office as Governor for any reason, except for

medical disability, shall receive a retirement benefit based on

involuntary separation from employment as a result of ceasing to

hold office as Governor. The provisions of any law in conflict

with this Paragraph are null and void effective January 1, 1985.

Paragraph VI. Involuntary separation; part-time service. (a)

Any public retirement or pension system provided for by law in

existence prior to January 1, 1985, may be changed by the

General Assembly for any one or more of the following purposes:

(1) To redefine involuntary separation from employment; or

(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.

(b) The General Assembly by law may define or redefine

part-time service, including but not limited to service as a

member of the General Assembly, for the purposes of any public

retirement or pension system presently existing or created in

the future and may limit or restrict the use of such part-time

service as creditable service under any such retirement or

pension system.

(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..ARTICLE IV.

CONSTITUTIONAL BOARDS AND COMMISSIONS

SECTION I.

PUBLIC SERVICE COMMISSION

Paragraph I. Public Service Commission. (a) There shall be a

Public Service Commission for the regulation of utilities which

shall consist of five members who shall be elected by the

people. The Commissioners in office on June 30, 1983, shall

serve until December 31 after the general election at which the

successor of each member is elected. Thereafter, all succeeding

terms of members shall be for six years. Members shall serve

until their successors are elected and qualified. A chairman

shall be selected by the members of the commission from its

membership.

(b) The commission shall be vested with such jurisdiction,

powers, and duties as provided by law.

(c) The filling of vacancies and manner and time of election

of members of the commission shall be as provided by law.

SECTION II.

STATE BOARD OF PARDONS AND PAROLES

Paragraph I. State Board of Pardons and Paroles. There shall

be a State Board of Pardons and Paroles which shall consist of

five members appointed by the Governor, subject to confirmation

by the Senate. The members of the board in office on June 30,

1983, shall serve out the remainder of their respective terms,

provided that the expiration date of the term of any such member

shall be December 31 of the year in which the member's term

expires. As each term of office expires, the Governor shall

appoint a successor as herein provided. All such terms of

members shall be for seven years. A chairman shall be selected

by the members of the board from its membership.

Paragraph II. Powers and authority. (a) Except as otherwise

provided in this Paragraph, the State Board of Pardons and

Paroles shall be vested with the power of executive clemency,

including the powers to grant reprieves, pardons, and paroles;

to commute penalties; to remove disabilities imposed by law; and

to remit any part of a sentence for any offense against the

state after conviction.

(b)(1) When a sentence of death is commuted to life

imprisonment, the board shall not have the authority to grant

a pardon to the convicted person until such person has served

at least 25 years in the penitentiary; and such person shall

not become eligible for parole at any time prior to serving at

least 25 years in the penitentiary.

(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.

(c) Notwithstanding the provisions of subparagraph (b) of this

Paragraph, the General Assembly, by law, may prohibit the board

from granting and may prescribe the terms and conditions for the

board's granting a pardon or parole to:

(1) Any person incarcerated for a second or subsequent time

for any offense for which such person could have been

sentenced to life imprisonment; and

(2) Any person who has received consecutive life sentences

as the result of offenses occurring during the same series of

acts.

(d) The chairman of the board, or any other member designated

by the board, may suspend the execution of a sentence of death

until the full board shall have an opportunity to hear the

application of the convicted person for any relief within the

power of the board.

(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.

SECTION III.

STATE PERSONNEL BOARD

Paragraph I. State Personnel Board. (a) There shall be a State

Personnel Board which shall consist of five members appointed by

the Governor, subject to confirmation by the Senate. The

members of the board in office on June 30, 1983, shall serve out

the remainder of their respective terms. As each term of office.expires, the Governor shall appoint a successor as herein

provided. All such terms of members shall be for five years.

Members shall serve until their successors are appointed and

qualified. A member

of the State Personnel Board may not be employed in any other

capacity in state government. A chairman shall be selected by

the members of the board from its membership.

(b) The board shall provide policy direction for a State Merit

System of Personnel Administration and may be vested with such

additional powers and duties as provided by law. State

personnel shall be selected on the basis of merit as provided by

law.

Paragraph II. Veterans preference. Any veteran who has served

as a member of the armed forces of the United States during the

period of a war or armed conflict in which any branch of the

armed forces of the United States engaged, whether under United

States command or otherwise, and was honorably discharged

therefrom, shall be given such veterans preference in any civil

service program established in state government as may be

provided by law. Any such law must provide at least ten points

to a veteran having at least a 10 percent service connected

disability as rated and certified by the Veterans

Administration, and all other such veterans shall be entitled to

at least five points.

SECTION IV.

STATE TRANSPORTATION BOARD

Paragraph I. State Transportation Board; commissioner. (a)

There shall be a State Transportation Board composed of as many

members as there are congressional districts in the state. The

member of the board from each congressional district shall be

elected by a majority vote of the members of the House of

Representatives and Senate whose respective districts are

embraced or partly embraced within such congressional district

meeting in caucus. The members of the board in office on June

30, 1983, shall serve out the remainder of their respective

terms. The General Assembly shall provide by law the procedure

for the election of members and for filling vacancies on the

board. Members shall serve for terms of five years and until

their successors are elected and qualified.

(b) The State Transportation Board shall select a commissioner

of transportation, who shall be the chief executive officer of

the Department of Transportation and who shall have such powers

and duties as provided by law.

SECTION V.

VETERANS SERVICE BOARD

Paragraph I. Veterans Service Board; commissioner. (a) There

shall be a State Department of Veterans Service and Veterans

Service Board which shall consist of seven members appointed by

the Governor, subject to confirmation by the Senate. The

members in office on June 30, 1983, shall serve out the

remainder of their respective terms. As each term of office

expires, the Governor shall appoint a successor as herein.provided. All such terms of members shall be for seven years.

Members shall serve until their successors are appointed and

qualified.

(b) The board shall appoint a commissioner who shall be the

executive officer of the department. All members of the board

and the commissioner shall be veterans of some war or armed

conflict in which the United States has engaged. The board

shall have such control, duties, powers, and jurisdiction of the

State Department of Veterans Service as shall be provided by

law.

SECTION VI.

BOARD OF NATURAL RESOURCES

Paragraph I. Board of Natural Resources. (a) There shall be a

Board of Natural Resources which shall consist of one member

from each congressional district in the state and five members

from the state at large, one of whom must be from one of the

following named counties: Chatham, Bryan, Liberty, McIntosh,

Glynn, or Camden. All members shall be appointed by the

Governor, subject to confirmation by the Senate. The members of

the board in office on June 30, 1983, shall serve out the

remainder of their respective terms. As each term of office

expires, the Governor shall appoint a successor as herein

provided. All such terms of members shall be for seven years.

Members shall serve until their successors are appointed and

qualified. Insofar as it is practicable, the members of the

board shall be representative of all areas and functions

encompassed within the Department of Natural Resources.

(b) The board shall have such powers and duties as provided by

law.

SECTION VII.

QUALIFICATIONS, COMPENSATION, REMOVAL FROM OFFICE, AND

POWERS AND DUTIES OF MEMBERS OF CONSTITUTIONAL

BOARDS AND COMMISSIONS

Paragraph I. Qualifications, compensation, and removal from

office. The qualifications, compensation, and removal from

office of members of constitutional boards and commissions

provided for in this article shall be as provided by law.

Paragraph II. Powers and duties. The powers and duties of

members of constitutional boards and commissions provided for in

this article, except the Board of Pardons and Paroles, shall be

as provided by law..ARTICLE V.

EXECUTIVE BRANCH

SECTION I.

ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR

Paragraph I. Governor: term of office; compensation and

allowances. There shall be a Governor who shall hold office for

a term of four years and until a successor shall be chosen and

qualified. Persons holding the office of Governor may succeed

themselves for one four-year term of office. Persons who have

held the office of Governor and have succeeded themselves as

hereinbefore provided shall not again be eligible to be elected

to that office until after the expiration of four years from the

conclusion of their term as Governor. The compensation and

allowances of the Governor shall be as provided by law.

Paragraph II. Election for Governor. An election for Governor

shall be held on Tuesday after the first Monday in November of

1986, and the Governor-elect shall be installed in office at the

next session of the General Assembly. An election for Governor

shall take place quadrennially thereafter on said date unless

another date be fixed by the General Assembly. Said election

shall be held at the places of holding general elections in the

several counties of this state, in the manner prescribed for the

election of members of the General Assembly, and the electors

shall be the same.

Paragraph III. Lieutenant Governor. There shall be a

Lieutenant Governor, who shall be elected at the same time, for

the same term, and in the same manner as the Governor. The

Lieutenant Governor shall be the President of the Senate and

shall have such executive duties as prescribed by the Governor

and as may be prescribed by law not inconsistent with the powers

of the Governor or other provisions of this Constitution. The

compensation and allowances of the Lieutenant Governor shall be

as provided by law.

Paragraph IV. Qualifications of Governor and Lieutenant

Governor. No person shall be eligible for election to the office

of Governor or Lieutenant Governor unless such person shall have

been a citizen of the United States 15 years and a legal

resident of the state six years immediately preceding the

election and shall have attained the age of 30 years by the date

of assuming office.

Paragraph V. Succession to executive power. (a) In case of the

temporary disability of the Governor as determined in the manner

provided in Section IV of this article, the Lieutenant Governor

shall exercise the powers and duties of the Governor and receive

the same compensation as the Governor until such time as the

temporary disability of the Governor ends.

(b) In case of the death, resignation, or permanent disability

of the Governor or the Governor-elect, the Lieutenant Governor

or the Lieutenant Governor-elect, upon becoming the Lieutenant

Governor, shall become the Governor until a successor shall be

elected and qualified as hereinafter provided. A successor to

serve for the unexpired term shall be elected at the next

general election; but, if such death, resignation, or permanent

disability shall occur within 30 days of the next general

election or if the term will expire within 90 days after the.next general election, the Lieutenant Governor shall become

Governor for the unexpired term. No person shall be elected or

appointed to the office of Lieutenant Governor for the unexpired

term in the event the Lieutenant Governor shall become Governor

as herein provided.

(c) In case of the death, resignation, or permanent disability

of both the Governor or the Governor-elect and the Lieutenant

Governor or the Lieutenant Governor-elect or in case of the

death, resignation, or permanent disability of the Governor and

there shall be no Lieutenant Governor, the Speaker of the House

of Representatives shall exercise the powers and duties of the

Governor until the election and qualification of a Governor at a

special election, which shall be held within 90 days from the

date on which the Speaker of the House of Representatives shall

have assumed the powers and duties of the Governor, and the

person elected shall serve out the unexpired term.

Paragraph VI. Oath of office. The Governor and Lieutenant

Governor shall, before entering on the duties of office, take

such oath or affirmation as prescribed by law.

SECTION II.

DUTIES AND POWERS OF GOVERNOR

Paragraph I. Executive powers. The chief executive powers

shall be vested in the Governor. The other executive officers

shall have such powers as may be prescribed by this Constitution

and by law.

Paragraph II. Law enforcement. The Governor shall take care

that the laws are faithfully executed and shall be the

conservator of the peace throughout the state.

Paragraph III. Commander in chief. The Governor shall be the

commander in chief of the military forces of this state.

Paragraph IV. Veto power. Except as otherwise provided in

this Constitution, before any bill or resolution shall become

law, the Governor shall have the right to review such bill or

resolution intended to have the effect of law which has been

passed by the General Assembly. The Governor may veto, approve,

or take no action on any such bill or resolution. In the event

the Governor vetoes any such bill or resolution, the General

Assembly may, by a two-thirds' vote, override such veto as

provided in Article III of this Constitution.

Paragraph V. Writs of election. The Governor shall issue writs

of election to fill all vacancies that may occur in the Senate

and in the House of Representatives.

Paragraph VI. Information and recommendations to the General

Assembly. At the beginning of each regular session and from time

to time, the Governor may give the General Assembly information

on the state of the state and recommend to its consideration

such measures as the Governor may deem necessary or expedient.

Paragraph VII. Special sessions of the General Assembly. (a)

The Governor may convene the General Assembly in special session

by proclamation which may be amended by the Governor prior to

the convening of the special session or amended by the Governor.with the approval of three-fifths of the members of each house

after the special session has convened; but no laws shall be

enacted at any such special session except those which relate to

the purposes stated in the proclamation or in any amendment

thereto.

(b) The Governor shall convene the General Assembly in special

session for all purposes whenever three-fifths of the members to

which each house is entitled certify to the Governor in writing,

with a copy to the Secretary of State, that in their opinion an

emergency exists in the affairs of the state. The General

Assembly may convene itself if, after receiving such

certification, the Governor fails to do so within three days,

excluding Sundays.

(c) Special sessions of the General Assembly shall be limited

to a period of 40 days unless extended by three-fifths' vote of

each house and approved by the Governor or unless at the

expiration of such period an impeachment trial of some officer

of state government is pending, in which event the House shall

adjourn and the Senate shall remain in session until such trial

is completed.

Paragraph VIII. Filling vacancies. (a) When any public office

shall become vacant by death, resignation, or otherwise, the

Governor shall promptly fill such vacancy unless otherwise

provided by this Constitution or by law; and persons so

appointed shall serve for the unexpired term unless otherwise

provided by this Constitution or by law.

(b) In case of the death or withdrawal of a person who

received a majority of votes cast in an election for the office

of Secretary of State, Attorney General, State School

Superintendent, Commissioner of Insurance, Commissioner of

Agriculture, or Commissioner of Labor, the Governor elected at

the same election, upon becoming Governor, shall have the power

to fill such office by appointing, subject to the confirmation

of the Senate, an individual to serve until the next general

election and until a successor for the balance of the unexpired

term shall have been elected and qualified.

Paragraph IX. Appointments by Governor. The Governor shall

make such appointments as are authorized by this Constitution or

by law. If a person whose confirmation is required by the Senate

is once rejected by the Senate, that person shall not be

renominated by the Governor for appointment to the same office

until the expiration of a period of one year from the date of

such rejection.

Paragraph X. Information from officers and employees. The

Governor may require information in writing from constitutional

officers and all other officers and employees of the executive

branch on any subject relating to the duties of their respective

offices or employment.

SECTION III.

OTHER ELECTED EXECUTIVE OFFICERS

Paragraph I. Other executive officers, how elected. The

Secretary of State, Attorney General, State School

Superintendent, Commissioner of Insurance, Commissioner of.Agriculture, and Commissioner of Labor shall be elected in the

manner prescribed for the election of members of the General

Assembly and the electors shall be the same. Such executive

officers shall be elected at the same time and hold their

offices for the same term as the Governor.

Paragraph II. Qualifications. (a) No person shall be eligible

to the office of the Secretary of State, Attorney General, State

School Superintendent, Commissioner of Insurance, Commissioner

of Agriculture, or Commissioner of Labor unless such person

shall have been a citizen of the United States for ten years and

a legal resident of the state for four years immediately

preceding election or appointment and shall have attained the

age of 25 years by the date of assuming office. All of said

officers shall take such oath and give bond and security, as

prescribed by law, for the faithful discharge of their duties.

(b) No person shall be Attorney General unless such person

shall have been an active-status member of the State Bar of

Georgia for seven years.

Paragraph III. Powers, duties, compensation, and allowances of

other executive officers. Except as otherwise provided in this

Constitution, the General Assembly shall prescribe the powers,

duties, compensation, and allowances of the above executive

officers and provide assistance and expenses necessary for the

operation of the department of each.

Paragraph IV. Attorney General; duties. The Attorney General

shall act as the legal advisor of the executive department,

shall represent the state in the Supreme Court in all capital

felonies and in all civil and criminal cases in any court when

required by the Governor, and shall perform such other duties as

shall be required by law.

SECTION IV.

DISABILITY OF EXECUTIVE OFFICERS

Paragraph I. "Elected constitutional executive officer," how

defined. As used in this section, the term "elected

constitutional executive officer" means the Governor, the

Lieutenant Governor, the Secretary of State, the Attorney

General, the State School Superintendent, the Commissioner of

Insurance, the Commissioner of Agriculture, and the Commissioner

of Labor.

Paragraph II. Procedure for determining disability. Upon a

petition of any four of the elected constitutional executive

officers to the Supreme Court of Georgia that another elected

constitutional executive officer is unable to perform the duties

of office because of a physical or mental disability, the

Supreme Court shall by appropriate rule provide for a speedy and

public hearing on such matter, including notice of the nature

and cause of the accusation, process for obtaining witnesses,

and the assistance of counsel. Evidence at such hearing shall

include testimony from not fewer than three qualified physicians

in private practice, one of whom must be a psychiatrist.

Paragraph III. Effect of determination of disability. If,

after hearing the evidence on disability, the Supreme Court

determines that there is a disability and that such disability.is permanent, the office shall be declared vacant and the

successor to that office shall be chosen as provided in this

Constitution or the laws enacted in pursuance thereof. If it is

determined that the disability is not permanent, the Supreme

Court shall determine when the disability has ended and when the

officer shall resume the exercise of the powers of office.

During the period of temporary disability, the powers of such

office shall be exercised as provided by law..ARTICLE VI.

JUDICIAL BRANCH

SECTION I.

JUDICIAL POWER

Paragraph I. Judicial power of the state. The judicial power

of the state shall be vested exclusively in the following

classes of courts: magistrate courts, probate courts, juvenile

courts, state courts, superior courts, Court of Appeals, and

Supreme Court. Magistrate courts, probate courts, juvenile

courts, and state courts shall be courts of limited

jurisdiction. In addition, the General Assembly may establish or

authorize the establishment of municipal courts and may

authorize administrative agencies to exercise quasi-judicial

powers. Municipal courts shall have jurisdiction over ordinance

violations and such other jurisdiction as provided by law.

Except as provided in this paragraph and in Section X, municipal

courts, county recorder's courts and civil courts in existence

on June 30, 1983, and administrative agencies shall not be

subject to the provisions of this article. The General Assembly

shall have the authority to confer "by law" jurisdiction upon

municipal courts to try state offenses.

Paragraph II. Unified judicial system. All courts of the state

shall comprise a unified judicial system.

Paragraph III. Judges; exercise of power outside own court;

scope of term "judge." Provided the judge is otherwise

qualified, a judge may exercise judicial power in any court upon

the request and with the consent of the judges of that court and

of the judge's own court under rules prescribed by law. The

term "judge," as used in this article, shall include Justices,

judges, senior judges, magistrates, and every other such

judicial office of whatever name existing or created.

Paragraph IV. Exercise of judicial power. Each court may

exercise such powers as necessary in aid of its jurisdiction or

to protect or effectuate its judgments; but only the superior

and appellate courts shall have the power to issue process in

the nature of mandamus, prohibition, specific performance, quo

warranto, and injunction. Each superior court, state court, and

other courts of record may grant new trials on legal grounds.

Paragraph V. Uniformity of jurisdiction, powers, etc. Except

as otherwise provided in this Constitution, the courts of each

class shall have uniform jurisdiction, powers, rules of practice

and procedure, and selection, qualifications, terms, and

discipline of judges. The provisions of this Paragraph shall be

effected by law within 24 months of the effective date of this

Constitution.

Paragraph VI. Judicial circuits; courts in each county; court

sessions. The state shall be divided into judicial circuits,

each of which shall consist of not less than one county. Each

county shall have at least one superior court, magistrate court,

a probate court, and, where needed, a state court and a juvenile

court. The General Assembly may provide by law that the judge

of the probate court may also serve as the judge of the

magistrate court. In the absence of a state court or a juvenile

court, the superior court shall exercise that jurisdiction..Superior courts shall hold court at least twice each year in

each county.

Paragraph VII. Judicial circuits, courts, and judgeships, law

changed. The General Assembly may abolish, create, consolidate,

or modify judicial circuits and courts and judgeships; but no

circuit shall consist of less than one county.

Paragraph VIII. Transfer of cases. Any court shall transfer to

the appropriate court in the state any civil case in which it

determines that jurisdiction or venue lies elsewhere.

Paragraph IX. Rules of evidence; law prescribed. All rules of

evidence shall be as prescribed by law.

Paragraph X. Authorization for pilot projects. The General

Assembly may by general law approved by a two-thirds' majority

of the members of each house enact legislation providing for, as

pilot programs of limited duration, courts which are not uniform

within their classes in jurisdiction, powers, rules of practice

and procedure, and selection, qualifications, terms, and

discipline of judges for such pilot courts and other matters

relative thereto. Such legislation shall name the political

subdivision, judicial circuit, and existing courts affected and

may, in addition to any other power, grant to such court created

as a pilot program the power to issue process in the nature of

mandamus, prohibition, specific performance, quo warranto, and

injunction. 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.

SECTION II.

VENUE

Paragraph I. Divorce cases. Divorce cases shall be tried in

the county where the defendant resides, if a resident of this

state; if the defendant is not a resident of this state, then in

the county in which the plaintiff resides; provided, however, a

divorce case may be tried in the county of residence of the

plaintiff if the defendant has moved from that same county

within six months from the date of the filing of the divorce

action and said county was the site of the marital domicile at

the time of the separation of the parties, and provided,

further, that any person who has been a resident of any United

States army post or military reservation within the State of

Georgia for one year next preceding the filing of the petition

may bring an action for divorce in any county adjacent to said

United States army post or military reservation.

Paragraph II. Land titles. Cases respecting titles to land

shall be tried in the county where the land lies, except where a

single tract is divided by a county line, in which case the

superior court of either county shall have jurisdiction.

Paragraph III. Equity cases. Equity cases shall be tried in

the county where a defendant resides against whom substantial

relief is prayed..Paragraph IV. Suits against joint obligors, copartners, etc.

Suits against joint obligors, joint tort-feasors, joint

promisors, copartners, or joint trespassers residing in

different counties may be tried in either county.

Paragraph V. Suits against maker, endorser, etc. Suits against

the maker and endorser of promissory notes, or drawer, acceptor,

and endorser of foreign or inland bills of exchange, or like

instruments, residing in different counties, shall be tried in

the county where the maker or acceptor resides.

Paragraph VI. All other cases. All other civil cases, except

juvenile court cases as may otherwise be provided by the

Juvenile Court Code of Georgia, shall be tried in the county

where the defendant resides; venue as to corporations, foreign

and domestic, shall be as provided by law; and all criminal

cases shall be tried in the county where the crime was

committed, except cases in the superior courts where the judge

is satisfied that an impartial jury cannot be obtained in such

county.

Paragraph VII. Venue in third-party practice. The General

Assembly may provide by law that venue is proper in a county

other than the county of residence of a person or entity

impleaded into a pending civil case by a defending party who

contends that such person or entity is or may be liable to said

defending party for all or part of the claim against said

defending party.

Paragraph VIII. Power to change venue. The power to change the

venue in civil and criminal cases shall be vested in the

superior courts to be exercised in such manner as has been, or

shall be, provided by law.

SECTION III.

CLASSES OF COURTS OF LIMITED JURISDICTION

Paragraph I. Jurisdiction of classes of courts of limited

jurisdiction. The magistrate, juvenile, and state courts shall

have uniform jurisdiction as provided by law. Probate courts

shall have such jurisdiction as now or hereafter provided by

law, without regard to uniformity.

SECTION IV.

SUPERIOR COURTS

Paragraph I. Jurisdiction of superior courts. The superior

courts shall have jurisdiction in all cases, except as otherwise

provided in this Constitution. They shall have exclusive

jurisdiction over trials in felony cases, except in the case of

juvenile offenders as provided by law; in cases respecting title

to land; in divorce cases; and in equity cases. The superior

courts shall have such appellate jurisdiction, either alone or

by circuit or district, as may be provided by law.

SECTION V.

COURT OF APPEALS.Paragraph I. Composition of Court of Appeals; Chief Judge. The

Court of Appeals shall consist of not less than nine Judges who

shall elect from among themselves a Chief Judge.

Paragraph II. Panels as prescribed. The Court of Appeals may

sit in panels of not less than three Judges as prescribed by law

or, if none, by its rules.

Paragraph III. Jurisdiction of Court of Appeals; decisions

binding. The Court of Appeals shall be a court of review and

shall exercise appellate and certiorari jurisdiction in all

cases not reserved to the Supreme Court or conferred on other

courts by law. The decisions of the Court of Appeals insofar as

not in conflict with those of the Supreme Court shall bind all

courts except the Supreme Court as precedents.

Paragraph IV. Certification of question to Supreme Court. The

Court of Appeals may certify a question to the Supreme Court for

instruction, to which it shall then be bound.

Paragraph V. Equal division of court. In the event of an equal

division of the Judges when sitting as a body, the case shall be

immediately transmitted to the Supreme Court.

SECTION VI.

SUPREME COURT

Paragraph I. Composition of Supreme Court; Chief Justice;

Presiding Justice; quorum; substitute judges. The Supreme Court

shall consist of not more than nine Justices who shall elect

from among themselves a Chief Justice as the chief presiding and

administrative officer of the court and a Presiding Justice to

serve if the Chief Justice is absent or is disqualified. A

majority shall be necessary to hear and determine cases. If a

Justice is disqualified in any case, a substitute judge may be

designated by the remaining Justices to serve.

Paragraph II. Exclusive appellate jurisdiction of Supreme

Court. The Supreme Court shall be a court of review and shall

exercise exclusive appellate jurisdiction in the following

cases:

(1) All cases involving the construction of a treaty or of

the Constitution of the State of Georgia or of the United

States and all cases in which the constitutionality of a law,

ordinance, or constitutional provision has been drawn in

question; and

(2) All cases of election contest.

Paragraph III. General appellate jurisdiction of Supreme

Court. Unless otherwise provided by law, the Supreme Court shall

have appellate jurisdiction of the following classes of cases:

(1) Cases involving title to land;

(2) All equity cases;

(3) All cases involving wills;.(4) All habeas corpus cases;

(5) All cases involving extraordinary remedies;

(6) All divorce and alimony cases;

(7) All cases certified to it by the Court of Appeals; and

(8) All cases in which a sentence of death was imposed or

could be imposed.

Review of all cases shall be as provided by law.

Paragraph IV. Jurisdiction over questions of law from state or

federal appellate courts. The Supreme Court shall have

jurisdiction to answer any question of law from any state or

federal appellate court.

Paragraph V. Review of cases in Court of Appeals. The Supreme

Court may review by certiorari cases in the Court of Appeals

which are of gravity or great public importance.

Paragraph VI. Decisions of Supreme Court binding. The

decisions of the Supreme Court shall bind all other courts as

precedents.

SECTION VII.

SELECTION, TERM, COMPENSATION, AND DISCIPLINE OF JUDGES

Paragraph I. Election; term of office. All superior court and

state court judges shall be elected on a nonpartisan basis for a

term of four years. All Justices of the Supreme Court and the

Judges of the Court of Appeals shall be elected on a nonpartisan

basis for a term of six years. The terms of all judges thus

elected shall begin the next January 1 after their election.

All other judges shall continue to be selected in the manner and

for the term they were selected on June 30, 1983, until

otherwise provided by local law.

Paragraph II. Qualifications. (a) Appellate and superior court

judges shall have been admitted to practice law for seven years.

(b) State 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.

(c) Probate and magistrate judges shall have such

qualifications as provided by law.

(d) All judges shall reside in the geographical area in which

they are selected to serve.

(e) The General Assembly may provide by law for additional

qualifications, including, but not limited to, minimum residency

requirements.

Paragraph III. Vacancies. Vacancies shall be filled by

appointment of the Governor except as otherwise provided by law

in the magistrate, probate, and juvenile courts..Paragraph IV. Period of service of appointees. An appointee to

an elective office shall serve until a successor is duly

selected and qualified and until January 1 of the year following

the next general election which is more than six months after

such person's appointment.

Paragraph V. Compensation and allowances of judges. All judges

shall receive compensation and allowances as provided by law;

county supplements are hereby continued and may be granted or

changed by the General Assembly. County governing authorities

which had the authority on June 30, 1983, to make county

supplements shall continue to have such authority under this

Constitution. An incumbent's salary, allowance, or supplement

shall not be decreased during the incumbent's term of office.

Paragraph VI. Judicial Qualifications Commission; power;

composition. The power to discipline, remove, and cause

involuntary retirement of judges shall be vested in the Judicial

Qualifications Commission. It shall consist of seven members, as

follows:

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

Supreme Court;

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

have been active status members of the state bar for at least

ten years and who shall be elected by the board of governors

of the state bar; and

(3) Two citizens, neither of whom shall be a member of the

state bar, who shall be appointed by the Governor.

Paragraph VII. Discipline, removal, and involuntary retirement

of judges. (a) Any judge may be removed, suspended, or otherwise

disciplined for willful misconduct in office, or for willful and

persistent failure to perform the duties of office, or for

habitual intemperance, or for conviction of a crime involving

moral turpitude, or for conduct prejudicial to the

administration of justice which brings the judicial office into

disrepute. Any judge may be retired for disability which

constitutes a serious and likely permanent interference with the

performance of the duties of office. The Supreme Court shall

adopt rules of implementation.

(b)(1) Upon indictment for a felony by a grand jury of this

state or by a grand jury of the United States of any judge,

the Attorney General or district attorney shall transmit a

certified copy of the indictment to the Judicial

Qualifications Commission. The commission shall, subject to

subparagraph (b)(2) of this Paragraph, review the indictment,

and, if it determines that the indictment relates to and

adversely affects the administration of the office of the

indicted judge and that the rights and interests of the public

are adversely affected thereby, the commission shall suspend

the judge immediately and without further action pending the

final disposition of the case or until the expiration of the

judge's term of office, whichever occurs first. During the

term of office to which such judge 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 judge

shall be immediately reinstated to the office from which he.was suspended. While a judge is suspended under this

subparagraph and until initial conviction by the trial court,

the judge shall continue to receive the compensation from his

office. After initial conviction by the trial court, the

judge shall not be entitled to receive the compensation from

his office. If the judge is reinstated to office, he shall be

entitled to receive any compensation withheld under the

provisions of this subparagraph. For the duration of any

suspension under this subparagraph, the Governor shall appoint

a replacement judge. 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.

(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) The findings 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 findings and records of the commission shall not be open

to the public.

(5) The provisions of this subparagraph shall not apply to

any indictment handed down prior to January 1, 1985.

(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.

(c) Upon initial conviction of any judge for any felony in a

trial court of this state or the United States, regardless of

whether the judge has been suspended previously under

subparagraph (b) of this Paragraph, such judge shall be

immediately and without further action suspended from office.

While a judge is suspended from office under this subparagraph,

he shall not be entitled to receive the compensation from his

office. If the conviction is later overturned as a result of

any direct appeal or application for a writ of certiorari, the

judge shall be immediately reinstated to the office from which

he was suspended and shall be entitled to receive any

compensation withheld under the provisions of this subparagraph.

For the duration of any suspension under this subparagraph, the

Governor shall appoint a replacement judge. 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. The provisions of this subparagraph shall

not apply to any conviction rendered prior to January 1, 1987.

Paragraph VIII. Due process; review by Supreme Court. No

action shall be taken against a judge except after hearing and

in accordance with due process of law. No removal or

involuntary retirement shall occur except upon order of the

Supreme Court after review.

SECTION VIII.

DISTRICT ATTORNEYS

Paragraph I. District attorneys; vacancies; qualifications;

compensation; duties; immunity. (a) There shall be a district

attorney for each judicial circuit, who shall be elected

circuit-wide for a term of four years. The successors of

present and subsequent incumbents shall be elected by the

electors of their respective circuits at the general election

held immediately preceding the expiration of their respective

terms. District attorneys shall serve until their successors are

duly elected and qualified. Vacancies shall be filled by

appointment of the Governor.

(b) No person shall be a district attorney unless such person

shall have been an active-status member of the State Bar of

Georgia for three years immediately preceding such person's

election.

(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.

Paragraph II. Discipline, removal, and involuntary retirement

of district attorneys. Any district attorney may be disciplined,

removed or involuntarily retired as provided by general law.

SECTION IX.

GENERAL PROVISIONS

Paragraph I. Administration of the judicial system; uniform

court rules; advice and consent of councils. The judicial system

shall be administered as provided in this Paragraph. Not more

than 24 months after the effective date hereof, and from time to

time thereafter by amendment, the Supreme Court shall, with the

advice and consent of the council of the affected class or

classes of trial courts, by order adopt and publish uniform

court rules and record-keeping rules which shall provide for the.speedy, efficient, and inexpensive resolution of disputes and

prosecutions. Each council shall be comprised of all of the

judges of the courts of that class.

Paragraph II. Disposition of cases. The Supreme Court and the

Court of Appeals shall dispose of every case at the term for

which it is entered on the court's docket for hearing or at the

next term.

SECTION X.

TRANSITION

Paragraph I. Effect of ratification. On the effective date of

this article:

(1) Superior courts shall continue as superior courts.

(2) State courts shall continue as state courts.

(3) Probate courts shall continue as probate courts.

(4) Juvenile courts shall continue as juvenile courts.

(5) Municipal courts not otherwise named herein, of

whatever name, shall continue as and be denominated municipal

courts, except that the City Court of Atlanta shall retain its

name. Such municipal courts, county recorder's courts, the

Civil Courts of Richmond and Bibb counties, and administrative

agencies having quasi-judicial powers shall continue with the

same jurisdiction as such courts and agencies have on the

effective date of this article until otherwise provided by

law.

(6) Justice of the peace courts, small claims courts, and

magistrate courts operating on the effective date of this

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.

Paragraph II. Continuation of judges. Each judge holding

office on the effective date of this article shall continue in

office until the expiration of the term of office, as a judge of

the court having the same or similar jurisdiction. Each court

not named herein shall cease to exist on such date or at the

expiration of the term of the incumbent judge, whichever is

later; and its jurisdiction shall automatically pass to the new

court of the same or similar jurisdiction, in the absence of

which court it shall pass to the superior court..ARTICLE VII.

TAXATION AND FINANCE

SECTION I.

POWER OF TAXATION

Paragraph I. Taxation; limitations on grants of tax powers.

The state may not suspend or irrevocably give, grant, limit, or

restrain the right of taxation and all laws, grants, contracts,

and other acts to effect any of these purposes are null and

void. Except as otherwise provided in this Constitution, the

right of taxation shall always be under the complete control of

the state.

Paragraph II. Taxing power limited. (a) The annual levy of

state ad valorem taxes on tangible property for all purposes,

except for defending the state in an emergency, shall not exceed

one-fourth mill on each dollar of the assessed value of the

property.

(b) So long as the method of taxation in effect on December

31, 1980, for the taxation of shares of stock of banking

corporations and other monied capital coming into competition

with such banking corporations continues in effect, such shares

and other monied capital may be taxed at an annual rate not

exceeding five mills on each dollar of the assessed value of the

property.

Paragraph III. Uniformity; classification of property;

assessment of agricultural land; utilities. (a) All taxes shall

be levied and collected under general laws and for public

purposes only. Except as otherwise provided in subparagraphs

(b), (c), (d), and (e), all taxation shall be uniform upon the

same class of subjects within the territorial limits of the

authority levying the tax.

(b)(1) Except as otherwise provided in this subparagraph (b),

classes of subjects for taxation of property shall consist of

tangible property and one or more classes of intangible

personal property including money; provided, however, that any

taxation of intangible personal property may be repealed by

general law without approval in a referendum effective for all

taxable years beginning on or after January 1, 1996.

(2) Subject to the conditions and limitations specified by

law, each of the following types of property may be classified

as a separate class of property for ad valorem property tax

purposes and different rates, methods, and assessment dates

may be provided for such properties:

(A) Trailers.

(B) Mobile homes other than those mobile homes which

qualify the owner of the home for a homestead exemption

from ad valorem taxation.

(C) Heavy-duty equipment motor vehicles owned by

nonresidents and operated in this state.

(3) Motor vehicles may be classified as a separate class of

property for ad valorem property tax purposes, and such class

may be divided into separate subclasses for ad valorem.purposes. The General Assembly may provide by general law for

the ad valorem taxation of motor vehicles including, but not

limited to, providing for different rates, methods, assessment

dates, and taxpayer liability for such class and for each of

its subclasses and need not provide for uniformity of taxation

with other classes of property or between or within its

subclasses. The General Assembly may also determine what

portion of any ad valorem tax on motor vehicles shall be

retained by the state. As used in this subparagraph, the term

"motor vehicles" means all vehicles which are self-propelled.

(c) Tangible real property, but no more than 2,000 acres of

any single property owner, which is devoted to bona fide

agricultural purposes shall be assessed for ad valorem taxation

purposes at 75 percent of the value which other tangible real

property is assessed. No property shall be entitled to receive

the preferential assessment provided for in this subparagraph if

the property which would otherwise receive such assessment would

result in any person who has a beneficial interest in such

property, including any interest in the nature of stock

ownership, receiving the benefit of such preferential assessment

as to more than 2,000 acres. No property shall be entitled to

receive the preferential assessment provided for in this

subparagraph unless the conditions set out below are met:

(1) The property must be owned by:

(A)(i) One or more natural or naturalized citizens;

(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) A family-owned farm corporation, the controlling

interest of which is owned by individuals related to each

other within the fourth degree of civil reckoning, or which

is owned by an estate of which the devisee or heirs are one

or more natural or naturalized citizens, or which is owned

by a trust of which the beneficiaries are one or more

natural or naturalized citizens, and such corporation

derived 80 percent or more of its gross income from bona

fide agricultural pursuits within this state within the

year immediately preceding the year in which eligibility is

sought.

(2) The General Assembly shall provide by law:

(A) For a definition of the term "bona fide agricultural

purposes," but such term shall include timber production;

(B) For additional minimum conditions of eligibility

which such properties must meet in order to qualify for the

preferential assessment provided for herein, including, but

not limited to, the requirement that the owner be required

to enter into a covenant with the appropriate taxing

authorities to maintain the use of the properties in bona

fide agricultural purposes for a period of not less than

ten years and for appropriate penalties for the breach of

any such covenant..(3) In addition to the specific conditions set forth in

this subparagraph (c), the General Assembly may place further

restrictions upon, but may not relax, the conditions of

eligibility for the preferential assessment provided for

herein.

(d) The General Assembly shall be authorized by general law to

establish as a separate class of property for ad valorem tax

purposes any tangible real property which is listed in the

National Register of Historic Places or in a state historic

register authorized by general law. 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 preservation of such historic properties and to

assist in the revitalization of historic areas.

(e) The General Assembly shall provide by general law:

(1) For the definition and methods of assessment and

taxation, such methods to include a formula based on current

use, annual productivity, and real property sales data, of:

"bona fide conservation use property" to include bona fide

agricultural and timber land not to exceed 2,000 acres of a

single owner; and "bona fide residential transitional

property," to include private single-family residential owner

occupied property located in transitional developing areas not

to exceed five acres of any single owner. Such methods of

assessment and taxation shall be subject to the following

conditions:

(A) A property owner desiring the benefit of such methods

of assessment and taxation shall be required to enter into

a covenant to continue the property in bona fide

conservation use or bona fide residential transitional use;

and

(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) That standing timber shall be assessed only once, and

such assessment shall be made following its harvest or sale

and on the basis of its fair market value at the time of

harvest or sale. Said assessment shall be two and one-half

times the assessed percentage of value fixed by law for other

real property taxed under the uniformity provisions of

subparagraph (a) of this Paragraph but in no event greater

than its fair market value; and for a method of temporary

supplementation of the property tax digest of any county if

the implementation of this method of taxing timber reduces the

tax digest by more than 20 percent, such supplemental assessed

value to be assigned to the properties otherwise benefiting

from such method of taxing timber.

(f) The General Assembly may provide for a different method

and time of returns, assessments, payment, and collection of ad

valorem taxes of public utilities, but not on a greater assessed

percentage of value or at a higher rate of taxation than other

properties, except that property provided for in subparagraph

(c), (d), or (e)..SECTION II.

EXEMPTIONS FROM AD VALOREM TAXATION

Paragraph I. Unauthorized tax exemptions void. Except as

authorized in or pursuant to this Constitution, all laws

exempting property from ad valorem taxation are void.

Paragraph II. Exemptions from taxation of property. (a)(1)

Except as otherwise provided in this Constitution, no property

shall be exempted from ad valorem taxation unless the

exemption is approved by two-thirds of the members elected to

each branch of the General Assembly in a roll-call vote and by

a majority of the qualified electors of the state voting in a

referendum thereon.

(2) Homestead exemptions from ad valorem taxation levied by

local taxing jurisdictions may be granted by local law

conditioned upon approval by a majority of the qualified

electors residing within the limits of the local taxing

jurisdiction voting in a referendum thereon.

(3) Laws subject to the requirement of a referendum as

provided in this subparagraph (a) may originate in either the

Senate or the House of Representatives.

(4) The requirements of this subparagraph (a) shall not

apply with respect to a law which codifies or recodifies an

exemption previously authorized in the Constitution of 1976 or

an exemption authorized pursuant to this Constitution.

(b) The grant of any exemption from ad valorem taxation shall

be subject to the conditions, limitations, and administrative

procedures specified by law.

Paragraph III. Exemptions which may be authorized locally.

(a)(1) The governing authority of any county or municipality,

subject to the approval of a majority of the qualified

electors of such political subdivision voting in a referendum

thereon, may exempt from ad valorem taxation, including all

such taxation levied for educational purposes and for state

purposes, inventories of goods in the process of manufacture

or production, and inventories of finished goods.

(2) Exemptions granted pursuant to this subparagraph (a)

may only be revoked by a referendum election called and

conducted as provided by law. The call for such referendum

shall not be issued within five years from the date such

exemptions were first granted and, if the results of the

election are in favor of the revocation of such exemptions,

then such revocation shall be effective only at the end of a

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.

(b) Repealed..Paragraph IV. Current property tax exemptions preserved.

Those types of exemptions from ad valorem taxation provided for

by law on June 30, 1983, are hereby continued in effect as

statutory law until otherwise provided for by law. Any law

which reduces or repeals any homestead exemption in existence on

June 30, 1983, or created thereafter must be approved by

two-thirds of the members elected to each branch of the General

Assembly in a roll-call vote and by a majority of the qualified

electors of the state or the affected local taxing jurisdiction

voting in a referendum thereon. Any law which reduces or repeals

exemptions granted to religious or burial grounds or

institutions of purely public charity must be approved by

two-thirds of the members elected to each branch of the General

Assembly.

Paragraph V. Disabled veteran's homestead exemption. Except as

otherwise provided in this paragraph, the amount of the

homestead exemption granted to disabled veterans shall be the

greater of $32,500.00 or the maximum amount which may be granted

to a disabled veteran under Section 802 of Title 38 of the

United States Code as hereafter amended. Such exemption shall be

granted to: those persons eligible for such exemption on June

30, 1983; to disabled American veterans of any war or armed

conflict who are disabled due to loss or loss of use of one

lower extremity together with the loss or loss of use of one

upper extremity which so affects the functions of balance or

propulsion as to preclude locomotion without the aid of braces,

crutches, canes, or a wheelchair; and to disabled veterans

hereafter becoming eligible for assistance in acquiring housing

under Section 801 of the United States Code as hereafter

amended. The General Assembly may by general law provide for a

different amount or a different method of determining the amount

of or eligibility for the homestead exemption granted to

disabled veterans. Any such law shall be enacted by a simple

majority of the votes of all the members to which each house is

entitled and may become effective without referendum. Such law

may provide that the amount of or eligibility for the exemption

shall be determined by reference to laws enacted by the United

States Congress.

SECTION IIA.

HOMEOWNER'S INCENTIVE ADJUSTMENT

Paragraph I. State grants; adjustment amount. For each taxable

year, a homeowner's incentive adjustment may be applied to the

return of each taxpayer claiming such state-wide homestead

exemption as may be specified by general law. The amount of

such adjustment may provide a taxpayer with a benefit equivalent

to a homestead exemption of up to $18,000.00 of the assessed

value of a taxpayer's homestead or the taxpayer's ad valorem

property tax liability on the homestead, whichever is lower.

The General Assembly may appropriate such amount each year for

grants to local governments and school districts as homeowner

tax relief grants. The adjustments and grants authorized by this

Paragraph shall be made in such manner and shall be subject to

the procedures and conditions as may be specified by general law

heretofore or hereafter enacted.

SECTION III..PURPOSES AND METHOD OF STATE TAXATION

Paragraph I. Taxation; purposes for which powers may be

exercised. (a) Except as otherwise provided in this

Constitution, the power of taxation over the whole state may be

exercised for any purpose authorized by law. Any purpose for

which the powers of taxation over the whole state could have

been exercised on June 30, 1983, shall continue to be a purpose

for which such powers may be exercised.

(b) Subject to conditions and limitations as may be provided

by law, the power of taxation may be exercised to make grants

for tax relief purposes to persons for sales tax paid and not

otherwise reimbursed on prescription drugs. Credits or relief

provided hereunder may be limited only to such reasonable

classifications of taxpayers as may be specified by law.

Paragraph II. Revenue to be paid into general fund. (a) Except

as otherwise provided in this Constitution, all revenue

collected from taxes, fees, and assessments for state purposes,

as authorized by revenue measures enacted by the General

Assembly, shall be paid into the general fund of the state

treasury.

(b)(1) As authorized by law providing for the promotion of any

one or more types of agricultural products, fees, assessments,

and other charges collected on the sale or processing of

agricultural products need not be paid into the general fund

of the state treasury. The uniformity requirement of this

article shall be satisfied by the application of the

agricultural promotion program upon the affected products.

(2) As used in this subparagraph, "agricultural products"

includes, but is not limited to, registered livestock and

livestock products, poultry and poultry products, timber and

timber products, fish and seafood, and the products of the

farms and forests of this state.

Paragraph III. Grants to counties and municipalities. State

funds may be granted to counties and municipalities within the

state. The grants authorized by this Paragraph shall be made in

such manner and form and subject to the procedures and

conditions specified by law. The law providing for any such

grant may limit the purposes for which the grant funds may be

expended.

SECTION IV.

STATE DEBT

Paragraph I. Purposes for which debt may be incurred. The

state may incur:

(a) Public debt without limit to repel invasion, suppress

insurrection, and defend the state in time of war.

(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:

(1) Toll bridges or toll roads.

(2) Land public transportation facilities or systems.

(3) Water facilities or systems.

(4) Sewage facilities or systems.

(5) Loans to, and loan programs for, citizens of the state

for educational purposes.

(6) Regional or multijurisdictional solid waste recycling

or solid waste facilities or systems.

Paragraph II. State general obligation debt and guaranteed

revenue debt; limitations. (a) As used in this Paragraph and

Paragraph III of this section, "annual debt service

requirements" means the total principal and interest coming due

in any state fiscal year. With regard to any issue of debt

incurred wholly or in part on a term basis, "annual debt service

requirements" means an amount equal to the total principal and.interest payments required to retire such issue in full divided

by the number of years from its issue date to its maturity date.

(b) No debt may be incurred under subparagraphs (c), (d), and

(e) of Paragraph I of this section or Paragraph V of this

section at any time when the highest aggregate annual debt

service requirements for the then current year or any subsequent

year for outstanding general obligation debt and guaranteed

revenue debt, including the proposed debt, and the highest

aggregate annual payments for the then current year or any

subsequent fiscal year of the state under all contracts then in

force to which the provisions of the second paragraph of Article

IX, Section VI, Paragraph I(a) of the Constitution of 1976 are

applicable, exceed 10 percent of the total revenue receipts,

less refunds of the state treasury in the fiscal year

immediately preceding the year in which any such debt is to be

incurred.

(c) No debt may be incurred under subparagraphs (c) and (d) of

Paragraph I of this section at any time when the term of the

debt is in excess of 25 years.

(d) No guaranteed revenue debt may be incurred to finance

water or sewage treatment facilities or systems when the highest

aggregate annual debt service requirements for the then current

year or any subsequent fiscal year of the state for outstanding

or proposed guaranteed revenue debt for water facilities or

systems or sewage facilities or systems exceed 1 percent of the

total revenue receipts less refunds, of the state treasury in

the fiscal year immediately preceding the year in which any such

debt is to be incurred.

(e) The aggregate amount of guaranteed revenue debt incurred

to make loans for educational purposes that may be outstanding

at any time shall not exceed $18 million, and the aggregate

amount of guaranteed revenue debt incurred to purchase, or to

lend or deposit against the security of, loans for educational

purposes that may be outstanding at any time shall not exceed

$72 million.

Paragraph III. State general obligation debt and guaranteed revenue debt;

stating the purposes, in general or specific terms, for which

such issue of debt is to be incurred, specifying the maximum

principal amount of such issue and appropriating an amount at

least sufficient to pay the highest annual debt service

requirements for such issue. All such appropriations for debt

service purposes shall not lapse for any reason and shall

continue in effect until the debt for which such appropriation

was authorized shall have been incurred, but the General

Assembly may repeal any such appropriation at any time prior

to the incurring of such debt. The General Assembly shall

raise by taxation and appropriate each fiscal year, in

addition to the sum necessary to make all payments required

under contracts entitled to the protection of the second

paragraph of Paragraph I(a), Section VI, Article IX of the

Constitution of 1976, such amounts as are necessary to pay

debt service requirements in such fiscal year on all general

obligation debt.

(2)(A) The General Assembly shall appropriate to a special

trust fund to be designated "State of Georgia General

Obligation Debt Sinking Fund" such amounts as are necessary

to pay annual debt service requirements on all general

obligation debt. The sinking fund shall be used solely for.the retirement of general obligation debt payable from the

fund. If for any reason the monies in the sinking fund are

insufficient to make, when due, all payments required with

respect to such general obligation debt, the first revenues

thereafter received in the general fund of the state shall

be set aside by the appropriate state fiscal officer to the

extent necessary to cure the deficiency and shall be

deposited by the fiscal officer into the sinking fund. The

appropriate state fiscal officer may be required to set

aside and apply such revenues at the suit of any holder of

any general obligation debt incurred under this section.

(B) The obligation to make sinking fund deposits as

provided in subparagraph (2)(A) shall be subordinate to the

obligation imposed upon the fiscal officers of the state

pursuant to the provisions of the second paragraph of

Paragraph I(a) of Section VI of Article IX of the

Constitution of 1976.

(b)(1) Guaranteed revenue debt may not be incurred until

legislation has been enacted authorizing the guarantee of the

specific issue of revenue obligations then proposed, reciting

that the General Assembly has determined such obligations will

be self-liquidating over the life of the issue (which

determination shall be conclusive), specifying the maximum

principal amount of such issue and appropriating an amount at

least equal to the highest annual debt service requirements

for such issue.

(2)(A) Each appropriation made for the purposes of

subparagraph (b)(1) shall be paid upon the issuance of said

obligations into a special trust fund to be designated

"State of Georgia Guaranteed Revenue Debt Common Reserve

Fund" to be held together with all other sums similarly

appropriated as a common reserve for any payments which may

be required by virtue of any guarantee entered into in

connection with any issue of guaranteed revenue

obligations. No appropriations for the benefit of

guaranteed revenue debt shall lapse unless repealed prior

to the payment of the appropriation into the common reserve

fund.

(B) If any payments are required to be made from the

common reserve fund to meet debt service requirements on

guaranteed revenue obligations by virtue of an

insufficiency of revenues, the amount necessary to cure the

deficiency shall be paid from the common reserve fund by

the appropriate state fiscal officer. Upon any such

payment, the common reserve fund shall be reimbursed from

the general funds of the state within ten days following

the commencement of any fiscal year of the state for any

amounts so paid; provided, however, the obligation to make

any such reimbursements shall be subordinate to the

obligation imposed upon the fiscal officers of the state

pursuant to the second paragraph of Paragraph I(a) of

Section VI, Article IX of the Constitution of 1976 and

shall also be subordinate to the obligation to make sinking

fund deposits for the benefit of general obligation debt.

The appropriate state fiscal officer may be required to

apply such funds as provided in this subparagraph (b)(2)(B)

at the suit of any holder of any such guaranteed revenue

obligations..(C) The amount to the credit of the common reserve fund

shall at all times be at least equal to the aggregate

highest annual debt service requirements on all outstanding

guaranteed revenue obligations entitled to the benefit of

the fund. If at the end of any fiscal year of the state

the fund is in excess of the required amount, the

appropriate state fiscal officer, as designated by law,

shall transfer the excess amount to the general funds of

the state free of said trust.

(c) The funds in the general obligation debt sinking fund and

the guaranteed revenue debt common reserve fund shall be as

fully invested as is practicable, consistent with the

requirements to make current principal and interest payments.

Any such investments shall be restricted to obligations

constituting direct and general obligations of the United States

government or obligations unconditionally guaranteed as to the

payment of principal and interest by the United States

government, maturing no longer than 12 months from date of

purchase.

Paragraph IV. Certain contracts prohibited. The state, and all

state institutions, departments and agencies of the state are

prohibited from entering into any contract, except contracts

pertaining to guaranteed revenue debt, with any public agency,

public corporation, authority, or similar entity if such

contract is intended to constitute security for bonds or other

obligations issued by any such public agency, public

corporation, or authority and, in the event any contract between

the state, or any state institution, department or agency of the

state and any public agency, public corporation, authority or

similar entity, or any revenues from any such contract, is

pledged or assigned as security for the repayment of bonds or

other obligations, then and in either such event, the

appropriation or expenditure of any funds of the state for the

payment of obligations under any such contract shall likewise be

prohibited.

Paragraph V. Refunding of debt. The state may incur general

obligation debt or guaranteed revenue debt to fund or refund any

such debt or to fund or refund any obligations issued upon the

security of contracts to which the provisions of the second

paragraph of Paragraph I(a), Section VI, Article IX of the

Constitution of 1976 are applicable. The issuance of any such

debt for the purposes of said funding or refunding shall be

subject to the 10 percent limitation in Paragraph II(b) of this

section to the same extent as debt incurred under Paragraph I of

this section; provided, however, in making such computation the

annual debt service requirements and annual contract payments

remaining on the debt or obligations being funded or refunded

shall not be taken into account. The issuance of such debt may

be accomplished by resolution of the Georgia State Financing and

Investment Commission without any action on the part of the

General Assembly and any appropriation made or required to be

made with respect to the debt or obligation being funded or

refunded shall immediately attach and inure to the benefit of

the obligations to be issued in connection with such funding or

refunding. Debt incurred in connection with any such funding or

refunding shall be the same as that originally authorized by the

General Assembly, except that general obligation debt may be

incurred to fund or refund obligations issued upon the security

of contracts to which the provisions of the second paragraph of

Paragraph I(a), Section VI, Article IX of the Constitution of.1976 are applicable and the continuing appropriations required

to be made under this Constitution shall immediately attach and

inure to the benefit of the obligation to be issued in

connection with such funding or refunding with the same force

and effect as though said obligations so funded or refunded had

originally been issued as a general obligation debt authorized

hereunder. The term of a funding or refunding issue pursuant to

this Paragraph shall not extend beyond the term of the original

debt or obligation and the total interest on the funding or

refunding issue shall not exceed the total interest to be paid

on such original debt or obligation. The principal amount of

any debt issued in connection with such funding or refunding may

exceed the principal amount being funded or refunded to the

extent necessary to provide for the payment of any premium

thereby incurred.

Paragraph VI. Faith and credit of state pledged debt may be

validated. The full faith, credit, and taxing power of the state

are hereby pledged to the payment of all public debt incurred

under this article and all such debt and the interest on the

debt shall be exempt from taxation. Such debt may be validated

by judicial proceedings in the manner provided by law. Such

validation shall be incontestable and conclusive.

Paragraph VII. Georgia State Financing and Investment

Commission; duties. (a) There shall be a Georgia State Financing

and Investment Commission. The commission shall consist of the

Governor, the President of the Senate, the Speaker of the House

of Representatives, the State Auditor, the Attorney General, the

director, Fiscal Division, Department of Administrative

Services, or such other officer as may be designated by law, and

the Commissioner of Agriculture. The commission shall be

responsible for the issuance of all public debt and for the

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

debt to the purposes for which it is incurred; provided,

however, the proceeds from guaranteed revenue obligations shall

be paid to the issuer thereof and such proceeds and the

application thereof shall be the responsibility of such issuer.

Debt to be incurred at the same time for more than one purpose

may be combined in one issue without stating the purpose

separately but the proceeds thereof must be allocated, disbursed

and used solely in accordance with the original purpose and

without exceeding the principal amount authorized for each

purpose set forth in the authorization of the General Assembly

and to the extent not so used shall be used to purchase and

retire public debt. The commission shall be responsible for the

investment of all proceeds to be administered by it and, as

provided by law, the income earned on any such investments may

be used to pay operating expenses of the commission or placed in

a common debt retirement fund and used to purchase and retire

any public debt, or any bonds or obligations issued by any

public agency, public corporation or authority which are secured

by a contract to which the provisions of the second paragraph of

Paragraph I(a) of Section VI, Article IX of the Constitution of

1976 are applicable. The commission shall have such additional

responsibilities, powers, and duties as are provided by law.

(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.

Paragraph VIII. State aid forbidden. Except as provided in

this Constitution, the credit of the state shall not be pledged

or loaned to any individual, company, corporation, or

association. The state shall not become a joint owner or

stockholder in or with any individual, company, association, or

corporation.

Paragraph IX. Construction. Paragraphs I through VIII of this

section are for the purpose of providing an effective method of

financing the state's needs and their provisions and any law now

or hereafter enacted by the General Assembly in furtherance of

their provisions shall be liberally construed to effect such

purpose. Insofar as any such provisions or any such law may be

inconsistent with any other provisions of this Constitution or

of any other law, the provisions of such Paragraphs and laws