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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, return |