State Constitutions

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.

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.

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.

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.

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.

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.

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.

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.

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, return